2000 May Council ProceedingsSpecial Session, May 1, 2000
147
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
May 1, 2000, City Council, Special
Session followed by Regular Session.
At 5:00 P.M. Council had dinner in
the Second Floor Rotunda ofthe Public
Ubrary.
At 5:30 P.M. Council convened for
the meeting in the Public Library
Auditorium.
Present: Mayor Duggan, Council
Members Buol, C[ine, Markham,
Michalski, Nichols0_o~_Epbbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is a special sessmn of the
City Council called for the purpose of
discussing the Community
Transportation System Design Study.
Tim Moerman, Assistant City
Manager: presented the stu(~y. Mark
Munson, Transit Manager, Para Renfrc,
Joel Lightcap, and Harry Bemis of the
Transit Board were [n aEendance to
answer questions.
After discussion, direction was m
proceed as proposea.
There being no further business.
upon consensus this seeeial session
aojoumed st 6:24 P.M.
/s/Jeanne F_ Schneider
City Clerk
Approve¢~/~-¢-4¢~ .~' , 2000
Adopted ~~,,~, 2000
Council ~embers
~Eest / ~ ~
148
Regular Session, May 1, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May
1, 2000
Council met in Regular Session,
6:30 P.M:; Public LibraryAuditorium
Present: Mayor Duggan, Counci
Members Buol,, Ciine Markham,
Michalski', Ni~h0son~ Robbns, Cty
Manager Michael Van Milligen,
Corp0rat~o~ Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is the regular seesion of the
City Council called for the purpose of
acting upon such business which may
~ ,'oP~ ~7-' comed3efo r ~.t h ~. City. C 0 u-n~E :-
Invocation was given by Reverend
David Pachalke, Chaplain-for The
Finley Hospital and Dubuque Law
Enforcement Center.
PROCLAMATIONS: Foster Care
Month (May, 2000) received by JoAnn
Roberts, President of the Foster Care
Parents in Dubuque; Mental Health
Month (May, 2000) received by Betty
Allen, Secretary of the Mental Health
Assn., Nurses Week (May 6-12, 2000)
received by Alice Proheska and Judy
McDermott of Mercy Medical Center
and Kathy Miller of The Finley Hospital;
Peace Officers' Week (May 14-20,
2000) and Peace Officers' Day (May
15, 2000) received by Rev. Pacholke;
and Mississippi Walleye Club Kids' Day
- June 3, 2000 received by Jerry Abing,
Bill Brosnahan and Lynn Smith;
Hospital Week - May 7-13, 2000
received by Alice Prohaska and Judy
McDermott of Mercy Medical Center
and Kathy Miller of The Finley Hospital.
Minutes Submitted: Airport
Commission of March 27 and April 5;
Cable TV Regulatory Commission of
April 12; Cable TV Community
Teleprogramming Commission of Apdl
4; Electrical Code Board of Apdl 4; Five
Flags Commission of Apdl 17; Historic
Preserva~on Commission of April 6;
Human Rights Commission of March
13; Investment Oversight Advisory
Commission of Apd120, presented and
read. Buol moved that the minutes be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
Printed Official Proceedings for
February, 2000, presented and read.
Buol_moved. that the proceedings be
approved as pdnted. Seconded by
Nicholson. Motion'carried 7_0.
Proof of Publication of Council
Proceedings for meeting of April 3,
2000, presented and read. Bual
moved that the proof be received and
tiled. Seconded by Nicholson. Motion
carried 7~0.
investment Oversight Commission's
Quarterly Investment Report, presented
and read, Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
Dan Kruse Ponfiac. Inc. vs City of
-Dubuque a~dler Towing;- Dubuque
Bank and Trust Company vs City of
Dubuque, et al; Tom Patterson in
estimated amount of $519.40 for
vehicle damages, presented and read.
Buol moved that the claims and suits
be referred to the Legal Staff for
investigation and report. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel advising the
fallowing claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Patricia K. Ruden for
vehicle damages; SuYen Chong for
vehicle damages, presented and read.
Buo[ moved that the communications
be received and tiled~ Seconded by
Nicholson. Motion carried 7-0.
Communication Of Building Services
Manager Rich Russell advising of Jeff
Schwadz' resignation from the
Plumbing Board, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Nicho[son. Motion carded 7-0.
City Manager recommending
approval of the selection of Burbach
Aquatics for the design of the water
playgrounds at Flora and Sutton Pools,
~resented and read. Bual moved that
the communication be received and
filed and recommendation approved.
Seconded by Nicho[son. Motion
carried 7-0.
City Manager recommending
approval of an application to the U.S.
Department of Housing and Urban
Regular Session, May 1, 2000
Development for Lead Paint Hazard
Reduction Programs, presented and
read. Buol moved that the
communication be receNed and filed.
Seconded by. Nicholson Motior
carried 7-0.
RESOLUTION NO. 171-00
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE
APPLICATIONS FOR LEAD PAINT
HAZARD REDUCTION, HEALTHY
HOMES INITIATIVES AND
RESEARCH AND EDUCATION
ACTIVmES
Whereas, the City of Dubuque has
operated a local childhood lead
poisoning prevention program since
1994; and
Whereas, the City received Round 4
lead hazard removal funding, in the
amount of $3.69 million; and
Whereas, the U.S. Department of
Huu~i.g ~nd Urban Development has--
made available addi~onal funds for a
healthy homes initiative program,
including lead-based paint hazard
control, lead hazard awareness,
healthy homes public education and
community outreach, and
environmental esses~ments and
treatments to impact a variety of
household health and safety issues;
and
Whereas, the City of Dubuque
proposes a continuation of a primary
lead-based paint poisoning prevention
program in Census Tracts 1, 2, 5, 6,
7.01 and 7.02 in the City of Dubuque.
In addition, to expand our programs of
lead hazard reduc'don and education,
proposed are applications for a Healthy
Homes Initiative demonstration project
to promote cost effective measures to
correct multiple safety and health
hazards in home environments; and a
Research Grant to improve the
evaluation and control of residential
lead-based paint hazards.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe Mayor is hereby
authorized and directed to execute
applications to the U.S. Department of
Housing and Urban Development for
continuation of the pfimaP/Lead-Based
Paint Poisoning Prevention Program, a
Healthy Homes Initiative, and a
Research Grant, in the combined
amount of $4,212,059.
Section 2. That the City Manager is
hereby authorized and directed to
forward said applications and resulting
standard executed contracts to the
jrespective agencies in a timely fashion
and as required by the U.S.
Department of Housing and Urban
Development
. . Passed, approved_and adopted this
l't day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo[ moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
acceptance of the conveyance of
property from Jeff anc Jennifer Conard
and Shannon Felderman, 3resentad
and read. Buol movec that the
communication De received and flied.
Seconded by Nicho[son Motior
carded 7-0.
RESOLUTION NO. 172-00
A RESOLUTION ACCEPTING A
CONVEYANCEOF PROPERTY, ON
KLINGENBERG TERRACE TO THE
CITY OF DUBUQUE
Whereas, the City of Dubuque
entered into an Acquisition Agreement
with Jeff P. Conard and Jennifer L.
Conard pursuant to which Jeff P.
Conard and Jennifer L Conard agreed
to convey a part of Lot 2 of 2 of 13
except the northerly five feet thereof of
Siege Subdivision, in the City of
Dubuque, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, Jeff P. Conard and
Jennifer b Conard have executed a
conveyance of said property.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the
City of Dubuque, lowa, hereby
approves of, accepts and consents to
the Warranty Deed from Jeff P. Conard
and Jennifer b Conard, copies of
which are attached hereto, as required
by Iowa Code Section 569.7.
Section 2, The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of
Dubuque any instruments in
connection herewith.
Passed, approved and adopted this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
].50 Regular Session, May 1, 2000
RESOLUTION NO. 173-00
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON
KLINGENBERG TERRACE TO THE
· CITY OF DUBUQUE -
Whereas, the City of Dubuque
entered into an Acquisition Agreement
with Shannon Felderman, pursuant to
which Shannon FeIderman agreed to
convey a part of the balance of Lot 12
of Siege SubdMsion in the City of
Dubuque, Iowa, as shown on the
Acquis~on Plat thereat and
Whereas, Shannon Felderman has
executed a conveyance of said
property.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. The City Council of the
City of Dubuque, Iow~. hereby
approves of, accepts and consents to
the Warranty Deed from Shannon
attached ~ereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowhadge on behalf of the City of
connection herewith.
Passed, approved and adopted this
1st day of May, 2000.
Terrence M. Duggan, Mayor
Attest Jeanne F. Schneider, C~ Clerk
Dual moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-(~.
City Manager recommending
approval of a combined notice of
finding of no significant impact on the
environment and notice of intent to
request release of funds for nreposed
projects in the Fiscal Year 2001 Annual
Action Plan for Community
Development Block Grant activ'Cies.
presented and read. Dual moved that
the communmafion be received and
filed Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 174-00
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS FOR FISCAL YEAR 2001
(PROGRAM YEAR 2000)
Whereas, the City of Dubuque will
enter into a Grant Agreement for the
Fiscal Year commencing July 1, 2000.
with rna U.S. Department of Housing
and Urban Development, providing for
financial-assistance to the Cfty under
Tifie I of the Housing and Community
Development Act of 1974 as
amended: ano
Whereas, pursuant to the rules and
regulations as oromulgated ey the U.S.
Department of Housing ane Urban
Development, an environmental review
has been processed t'or the hereinafter
listed projects to be financed with
Community Development Block Grant
funds; and
Whereas. based on said
environmental review, the Department
of Community and Economic
Development has determined that said
projects will have no significant impact
on the enwronment;, and
Whereas, a combined notice of"
Fir, d~ng~:>f-N~Sigrt[ficant Imeact on the
Environment" and of "intent to Request
Release of Funds" for said projects will
be sent by regular mail to vadous
federal, s'ca~e and local public
agencies; to the appropriate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, indMduals and
groups known to be interested anc
believed [o be apprepdate to receive
such a notice; and
Whereas, any and all comments
received as a result of SUCh notice will
be duly considered before proceeding
with a Request for Release of Funds
and Certification.
NOW. THEREFORE. BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to publish a combined Notice of
Finding of No Significant Impact on the
Environment and Notice of Intent m
Requesz Release of Funds for the
following identified projects and to
make the Environmental Review
Record for said projects available for
public inspection anc commem until
5:00 p.m. on May 22, 2000. Suc~
notice shall be in the form of Exhibit "A"
attached qereto and made a Dar~
hereof.
Housing Programs: Problem
Properties Management; Housing
Trust, Homeownership Rehabilitation
(Operation: Paintbrush; Operation
Upkeep; Residential Rehabilitation
Loan Program; Sewer Connection
Loan); Housing Code Enforcement;
First Time Home Buyer Program: Lead
Reqular Session, May 1, 2000
Paint Hazard Abatement Project;
Rental Unit Rehabilitation (Emergency
Cede Enforcement Loan Program;
Moderato income Rental Rehab Loan
Program; AccessibiIity.Rehab; Single
Room Occupancy Rehab); Housing
Rehabilitation Services an(: Staff;
Housing Plan ning/Adminiatration
Se~ces and Staff
Neighborhood and Community
Development Programs: Community
Partnership Program (cp2); Senior
Center: Neighborhood Recreation
Programs: Family Self-Sufficiency;
Information and Referral Se.Mce:
Zoning Inspection/Enforcement; Child
Care Resource and Referral; Historic
Preservation Rehabil~on Grants;
Washington Tool Library;
Neighborhood Suppod Grants;
Leadership Training; Neighborhood
Infrastru ctu re lmprovements
(Neighborhood Street Overlays;
Nelgt3boJ'bood .Sidewalk__ P~ogram;
Neighborhood StepNVall Repair)
Handicap Curb Ramps; Dubuque
Dispute Resolution Center; Fair
Housing Education; Neighborhood
Development Services and Staff
Economic Development Programs:
Economic Development Financial
Assistance Program;
CommerciaFIndustriel Building Rehab
Program: Entarpdse Opportunity
Program; Economic Development
Program Services and Staff
Planning and Administration: CDBG
Administration Services and Sta~. City
Planning Services and Staff.
Section 2. That the environmental
review record '[or each of the projects
shall be placed on file n the Ofl~ce of
the City Clerk where said record may
be examined and copied by any
interested paKy.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized and
directe(: to submit to the U.S.
Deparzment of Housing and Urban
Development fifteen (15) days after
publication of appropriate notice a
Request for Release of Funds to
undertake the said projects.
Section 4. Thal the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of
Housing and Urban Development
resr~onsibilities for review, decision
making, and action sssumee and
carded out by the City of Dubuque as
to environmentel issues.
Section 5. That the Mayor of the
City of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
· Dubuoue, .to accept.the jurisdiction of
the federal courts if an action is brought
to enforce responsibilities in relation to
environmental review, decision making
and action.
Section 6. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
ce~fication pertaining to the
environmental review procedures.
Passed, approved and adopted this
1~ day of May, 2000.
Terrance M. Duggan,. Mayor
Jeanne F. Schneider. City Clerk
Buo[ moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
C~ Manager recommending
selection of Preston-Engineering-for
environmental services for the Kerper
Boulevard Industrial Park presented
and read. Buol moved that the
communidation be received and fi[ed
and recommendation approved.
Seconded by Nichelson. Motion
carried 7-0.
City Manager recommending
approval of an amendment to the
Community Economic Betterment
Account Loan Agreement with Eagle
Point Engineering and State of Iowa
Department of Economic Development,
)resented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Metior
carried 7-0.
RESOLUTION NO. 175-00
RESOLUTION APPROVING
AMENDMENT NO. 2 TO THE
COMMUNITY ECONOMIC
BETTERMENT ACCOUNT (CEBA)
LOAN AGREEMENT AMONG THE
CITY OF DUBUQUE, IOWA, THE
IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT AND EAGLE POINT
ENGINEERING.
Whereas, on July 15, 1993, the City
of Dubuque (City) was awarded a
$200,000 Community Economic
Betterment Account (CEBA) program
loan by the Iowa Department of
Economic Development (IDED)
designated as Loan Number 93-CEBA-
066: and
Whereas, on May 16, 1994, the City
approved the Loan Agreement wiry
Eagle Point Corporation (Buelness) by
152 Regular Session, May 1, 2000
Resolution No. 176-94; and
Whereas, IDED has now proposed
to amend the Loan Agreement to
extend the project completion data
from August.31,_1995 to August 31.
1996; ano
Whereas, the Business nas
approved the amendment as hereto
proposed.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CFi'Y OF DUBUQUE, IOWA:
Section 1. That the ~4ayor and City
Clerk be and they are hereby
authorized and directed to endorse the
acceptance of the City of Dubuque,
owa upon the Attached Agreement
Amendment Number (2) for Load
Number 93-CEBA-066.
Section2. That the Mayor be and he
is ~tereby authorized to sign the
attached amendment and to forward it
to the State of lows, Department of
Passed, approved' and adopted this
1 ~ day of May, 2000.
Terrence M. Dugg.an, Mayor
Attest: Jeanne F. Schneider, City Clerk
9uol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-Q
Historic Preservation Commission
subm~ng Draft Survey Report on
Arehitectu rel/Histo dcal Resources.
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nichelsor.. Motion
ca rded
City Manager recommending
approval of a Disaster Assistance
Agreement between the City of
Dubuque aha the iowa Emergency
Management Division, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 176-00
APPROVING A DISASTER
ASSISTANCE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
AND THE IOWA EMERGENCY
MANAGEMENT DIVISION
Whereas, the City of Dubuque (City)
has applied to the Iowa Emergency
Management Division (IEMR) for
federal and state assistance for the
1999 Voluntary Flood Buyout Project,
specifically, the aceuisition and
demolition of the residential property at
3425 Pennsylvania, Dubuque. Iowa
And Whereas. City's application has
been approved subject to the terms
and conditions of the Disaster
Assistance Agreement attached hereto.
NOW, THEREFORE BE
-RESOLVED-BY THE ClT~ COUNCIL
OF THE CITY OF DUBUQUE. IOWA
AS FOLLOWS:
1. The Disaster Assistance
Agreement is hereby approved and the
Mayor is authorized ano directed
execute the Agreement on behalf of the
City of Dubuoue.
2. The Mayor is further authorized to
execute the attached Contract for
Services with the East Central
Intergovernmental Association (ECIA)
for providing and performing the
necessary functions required
prepare a Hazard Mifigation Plan as
described in Attachment A-Grant
Agreement No. 1277UN-004 between
City, IEMD and ECIA.
3. Resolution No. 177-00
E)esignatio~rr~-ApCicant's ~Auth orize d
Representation, designating Mark
Schneider of EClA as the City's
representative, is hereby approveo and
separetaly adopted herewith.
4. The Mayor is authorized to enter
into the attached Concurrence of
Understanding Memorandum with
respect to the acquisition of the ~rior to
State Histotic Preservation Officer
clearance.
5. The attached Hazard Mitigation
Administrative Plan for the City of
Dubuque is hereby adopted.
Passed, approved and adopted this
1st day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Buoi moved adootion of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
RESOLUTION NO, 177-00
STATE OF IOWA DESIGNATION OF
APPLICANT'S AUTHORIZED
REPRESENTATIVE
BE IT RESOLVED BY City Council
(Governing Body) that Mark Schneider
(Name of Representative)
is hereby authorized to execute on
behalf of the City of 3ubuque, IA
(Applicant Eh'dry), this hazard
mitigation project and to file it with Iowa
Emergency Management Division
(IEMD) for the purpose of obtaining
FederaVState financial assistance
under the Robert T. Stafford Disas[er
Relief ane Emergency Assistance Act
(PL 93-288, as amended) anc [ne
Code of Iowa. Chapter 29C
Passed and approved this 1st day of
May, 2000.
Reqular Session, May li'2000
153
Terrance M. Duggan, Mayor
Chief Executive Officer
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
_ resolution.-.Seconded by-Nicholson.
Motion carded
RESOLUTION NO. '178-00
Whereas, applicafions for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the Manager be authorized to
cause to be issued the fo[lowing named
~ pt~ica~ts- a J3eer~Pem~t. -
CLASS "C' BEER PERMIT
Kwik Tdp, Inc Tobacco Outlet
Plus # 504+(Sunday Sales)
806 Wacker Dr
TFM Co Oky Doky#l +
(Sunday Sales) 250 W. 1st St
TFM Co. Oky Doky#2 +
(Sunday Sale) 51 W. 32nd St
Passed, approved and adopted this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 179-00
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 with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
G J's Inc. Windsor Tap
2401 Windsor Ave
Marco's Inc. Marco's
2202 Central Ave
ARA Services Inc. Lores College
Caropus Cnt+(Sunday Sales)
1450 Alta Vista
CLASS "B' 0NB) WINE PERMIT
TFM Co. Oky Doky# 1
250W. lstSt
,qaesed,- approved and adopted this
1st day of May, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buo[ moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
BOARDS/COMMISSIONS
· Applicants are invited to address the
Council to express their desire to serve
on the follow ng Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION. Applicant:
Latdcia Lord. No one spoke.
HUMAN RIGHTS COMMISSION.
Applicants: Judith Haley Giesen,
Joseph A. Hopkins. Mr. Hopkins
spoke.
~PPOtNTMENT- to ~che-following
Boards/Commissions:
LONG RANGE PLANNING
COMMISSION. Applicants: Chris
Curfman and John F. Michalski. Vote
on the appointment was as follows:
Duggan voted for Michalski. Buol
voted for Michalski. Cline voted for
Michalski. Markham voted for
Michalski. Michalski voted for
Michalski. Nichoison voted for
Michalski. Robbins vsted for Michalski.
Therefore, John F. Michalski appointed
to fill the unexpired three year term
which will expire 7~1-02.
Michalski moved that the rules be
suspended to allow anyone present to
address the Council. Seconded by
Robbins. Motion carded 7-0.
Proof of publication on notice of
)ubiic hearing to consider re. zoning
property located at the corner of
Nevada Street and YM-YVVCA Ddve
from OR Office Residential to R-1
Single Family, presented and read.
Buol moved that the proof be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
Julie Steffen, 2260 Coates, for
Habitat for Humanity, spoke requesting
adoption of the Ordinance.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at the
nod:beast comer of Nevada Street and
YM-YVVCA from OR Office Residential
Distdct to R-1 Single Family
Regular Session, May 1, 2000
Residential District, with first and
second readings given on April 17
2000. now presented for final action.
. (OFFICIAL PUBLICATION)
ORDINANCE NiO. 37-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT THE NORTHEAST CORNER OF
NEVADA STREET AND YM-YWCA
DRIVE FROM OR OFFICE
RESIDENTIAL DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section I That Appendix A (the
_Zo~r3.~ QrdJna~ce~_o[ the Cb of _
Dubuque Code of Ordinances is
hereby amended Py reclassifying the
hereinafter descdbec property from OR
Office Residential Distdct ' to
Single-Family Residential Disttict,
wit
Lot I and Lot 1-A of Murphy's
SubdMsion. Lot 2 of Lot 7 and Lot 2 of
Lot 8 of Reeder LangwoKhy's
Subdivision, and to the center dine of
the adjoining public fight-of-way~ all in
the City of Dubuque, Iowa
Section 2. The foregoing
amendment has heretofore beer,
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided ay law.
Passed, approved and adopted this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published official~, in the Telegraph
Herald newspaper this 5th day of May,
2000.
Jeanne F. Schneider, City Clerk
It 5/5
Buol moved final consideration and
passage of the Ordinance. Seconded
by Nicholson. Motion carded 7-0.
Proof of publication on notice of
public hearing to consider re. zoning
proper~ located at 511 Garfield
Avenue from R-2A Alternate Two~
Family Residential to OR Office
Residential, presented and read.
Robbins moved that the proof be
receivec and filed. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
.Ordinances by reclassifying hereinafter
described property located at 5tl
Garfield Avenue from R-2A. Alternate
Two-Family Residential District to OR
Office Residential District. with first and
seconc readings given on April 17.
2000, now presented for final ac'den.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 38-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT511 GARFIELD AVENUE FROM R-
2A ALTERNATE TVVO-FAMILY
.RESIDENTIAL. DISTRICT_ TO OR
OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances
hereby amended by reclassifying the
hereinafter described properly from R-
2A Alternate Two-Family Residential
District to OR Office Residential
District, to wit;
Lot I of Lot 1 of Lot 3 of the
Subdivision of Mineral Lot 113A. and to
the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing
amendment qas heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
1st day of May, 2000
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of May,
2000.
Jeanne F. Schneider, City Clerk
It 5/5
Robbins moved final consideration
ant passage of the Ordinance.
Seconded by Nicholssn. Motion
carded 7-0.
=roof of pub[ica'don on notice of
public headng to consider rezoning
Regular Sess on, May ;Ii 2000
155
property located at 3966 Asbury Road
from AG Agricultural to R-1 Single
Family Reeidential, R-3 Moderate
Density MuEi-Fam~ Residential and C-
2 Neighborhood .Shopping .Center
District, presented and read. Buol
moved that the proof be received and
flied. Seconded by Nicholson. Motion
carried 7-0.
Tom Hilby of 3966 Asbury, spoke
requesltng adoption of the Ordinance.
Tony Zelinskas of WHKS presented
preliminary plans for the development_
Virgil Blocker, 1850 Carter,
representing Resurrection Church,
spoke voicing no objections to the
adoption of the Ordinance, but
requesting frontage roads on both
sides of Asbury Rd.
An Ordinance Amending Appendix A
of the Cit~ of Dubuque Code of
C)rctin~n~*~a_by redias~ng hereina/ter
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,
w~th first and second readings given on
Apdl 17, 2000, now presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 39-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
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
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassif~ng the
hereinafter described property from AG
Agricultural to R-1 Single-Family
Residential, R-3 Moderate Density
Mu~-family Residential and C-2
Neighborhood Shopping Center
District, as shown in Exhibit A, and to
the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
~Commiesion oLthe.CJty of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law, and at such time that
the herein described property is legally
annexed into the City of Dubuque,
Iowa.
Passed, approved and adopted this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of May,
2000.
Jeanne F. Schneider, City Clerk
It 5/5
3uol moved final consideration and
passage of the Ordinance. Seconded
by Nicholson. Motion carded 7-0. -~-
Proof of publicafion on notice of
public he?ing to consider amending
the Dubuque Industrial Center Planned
Industrial District to allow consm~ction
of common driveways to serve adjacent
propedies, presented and 'ead
Michaleid movec that the proof 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 repealing Section 2,
Attachment C-4 of Ordinance 69-98,
and enacdng a new Section 2.
Attachment C~ 'n lieu thereo'
pertaining to allowing common drives
between lots for the PI Planned
Industhal District for Dubuque Industrial
Center, with first and second readings
g~/en on Apd117, 2000, now presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 40-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY REPEALING SECTION 2,
ATTACHMENT C-4 OF ORDINANCE
69-98 AND ENACTING A NEW
SECTION 2, ATTACHMENT C-4 IN
UEU THEREOF PERTAINING TO
ALLOWING COMMON DRIVES
BETWEEN LOTS FOR THE PI
PLANNED INDUSTRIAL DISTRICT
FOR DUBUQUE INDUSTRIAL
CENTER
156 Regular Session, May 1, 2000
Whereas, Ordinance 69-98 was
aaopted on November 2, 1998, bythe
City Council amending the PI Planned
ndusthal District for Dubuque Industrial
Center, and
Whereas. the applicant, City of
Dubuque Community ano Economic
Development Department, has
requested an amendment to the PUD
Ordinance regulating common ddves
between lots in the PI Planned
Industrial District for Dubuque Industrial
Center.
NOW, THEREFORE, BE T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That Ordinance 69-98
Section 2, Attachment C-.4, is hereby
repealed and a new Section 2,
Attachment C-4 is hereby enacted as
shown on Exhibit A (attached).
Section 2 The foregoing
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.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNC,_
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances s
qereby amended oy amending Section
6-1.4 Commission Action as follows:
6-1.4 Commission Action.
Following the public headng, or if no
hearing is he[d, then at any time
following receipt of the reclassificatJor
request, the commission may act to
recommend approval or disapproval of
the toques[. The affirmative vote o~ au
amendment has heretofore been least four (_4)_commission members
--reviewed by--the--Zoning-Advisory---~lJ~uiredto constituteapprova!
Commission of the City of Dubuque, of a substantial zoning reclassification
Passed, approved and adopted this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Published ofticialiy in the Telegraph
Herald newspaper this 5th day of May,
2000
Jeanne F. Schneider, City Clerk
lt5/5
Michalski moved final consideration
and passage of the Ordinance.
Seconded by Robbins. Motion carried
Preo¢ of publication or notice of
public headng To consider a text
amendment pertaining to the City
Council's public hearing process for
re. zonings and text amendments,
presented and read. Robbins moved
that the proof be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by amending Section 6-1.4
Commission Action and Section 6-1.5
Council Action, pertaining to zoning
reclassifications and text amendments,
with first and second readings given on
April 17, 2000, now presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 41-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
reques[ as defined in Section 6-1.3,
and any lesser number of affirmative
votes shall constitute a disaporoval of
the request. A failure of the
commission to consider a zoning
reclassification request within sixty (60)
days following the first commission
meeting at which the request is
received, unlees the person(s) seeking
reclassification request(s) an extension
of this sixty day .limitation, shall
constitute commission approval
thereof. A recommendation of the
commission shall forthwith be
transm~ed to the City Clerk_
Section 2. Appendix A (the Zoning
Ordinance) of rne City of Dubuque
Code of Ordinances is hereby
amended by amending Section 6-1.5
Council Action, as follows:
6-1.5 Council Action.
Following receipt of any
recommendation of the commission, or
on finding that the commission has
considered the request within the sixty
(60) day limitation, the City Clerk shall
cause a notice to be published of the
date, time and place for the City
Council to hold a public headng on the
requested reclassification, which shall
be the next regular scheduled meeting
of the City Council which is not less
than ten , (10) days after the
commissions public headng on the
reclassification at which time all
interested padJes shall have an
opportunity to be heard. At least seven
(7) days and not more than twenty (20)
days notice of the time and place of
such hearing shal[ be published in a
Reqular Session, May 1, 2000
157
newspaper of general cimula~on in the
Section 3. The ordinance has
heretofore been reviewed by the
.- Zoning AcMsory Commission of the
CH of Dubuque, iowa.
Section 4. The ordinance shall take
effect immedia[ely upon publication, as
provided by law.
Passed, approved and adopted this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published official~ in the Telegraph
Herald newspaper this 5th day of May,
2000.
Jeanne F. Schneider, CityClerk
It 515
Robbins moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carded 7-0.
---~P~c~f of p~ eR aotice of -
public headng and communication of
City Manager recommending the
issuance of $3,000,000 General
Obligation Bonds for expansion of the
Fifth Street Parking Ramp, presented
and read_ Markham moved that the
proof and communicatior, be receN'ed
and filed. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 180-00
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED
$3,000,000 GENERAL OBLIGATION
BONDS
Whereas, pursuant to notice
published as required by law, this
Council has held a public meeting and
hearing upon the proposal to institute
proceedings for the issuance of not to
exceed $3,000,000 General Obligation
Bonds for the essential corporate
purpose of paying 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 limited
to the construction of additional levels
of parking spaces and expansion of the
structured parking fac,ity located on
Iowa Street between Fifth and Sixth
Streets, and no petition was filed
calling for a referendum thereon and
this Coun~ has considered the extent
of objections receNed from residents or
property owners aa to said proposed
issuance of Bonds; and accordingly the
following action is now considered re
be in the best interests of the City and
residents thereof.
- NOW, .-THEREFORE, -BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That this Council does
hereby institute proceedings and takes
addi~onal action for the sale and
issuance in the manner required by law
of not to exceed $3,000 000 General
Obligation Bonds for the foregoing
essential coroorata purpose.
Section 2. That this Resolution be
and does hereby serve as a declaration
of official intent under Treasury
Regulation 1.150-2 because the City
reasonably expects to reimburse with
the proceeds of the Bonds, all or a
poYdon of original expenditures
incurred in connection with the above
purpose.
Paesed~and approved this 'mt day of
May, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resol~on. Seconded by Buol. Motion
carded 7-0.
Proofs of publication on notice of
headng on plans and specs and notica
to bidders on the receipt of bids for
demolition of the Dolan Building and
the City Manager recommending to
award contract for project, presemea
and read. Robbins moved that the
proofs and communication be received
and flied. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 181-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 25~ day of April,
2000, plans, specifications and form of
contract were filed with the City Clerk of
Dubuque, Iowa for the former Dolan
Building (330-336 Main Street)
Demol~on and Site Clearance Project.
Whereas, notice of hearing on plans,
spedrfications and form of contract was
published as required by law.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the said plans, specifications
and form of contract are hereby
approved as the plans, specifications,
and form of contract for said
improvements for said project.
Passed, adopted and approved this
1" day of May, 2000.
Terrsnce M. Duggan, Mayor
158 Regular Session, May 1, 2000
Attest: Jeanne F. Schneider. City Clerk
Robbins moved aaoption of the
resolution. Seconded by Nicholecn.
Motion carded 7-0.
RESOLUTION NO. 182-00
RESOLUTION AWARDING
CONTRACT FOR FORMER DOLAN
BUILDING (330-,336 MAIN STREET)
DEMOLITION AND SITE
CLEARANCE PROJECT.
Whereas, sealed proposals have
been subm~ed by contractors for the
Dolan 3ullding (330-336 Main Street)
Demolition and Site Clearance Project
pursuant to ~ssolution No. 141-2000
and notice to bidders published in a
newspaper published in the City of
Dubuque, Iow'a, as provided by law.
Whereas, said sealed proposals
were opened and read on the 25th day
of Apdl, 2000 and it has been
determined that the bid of Tschiggfde
~Excavali~g Cdr~ ~-ny~ of Dbbb qu e, Iowa
,n the amount of $151,640.00 was the
lowest bid for the furnishings of all
abor and materials and performing the
work as provided for in the plans and
specificaiJons.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCL
OF THE CITY OF DUBUQUE, IOVVA:
Section 1 That the contract for the
above improvement be awarded To
Tschiggfde Excavating Company and
the City Manager be and is hereby
dJrectad to execute a contract on behaff
of the C~ of Dubuque for the complete
performance of the work.
Section 2. That upon the signing of
said contract aha the approval of the
contractor's bond. the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
biddem.
Passed. approved and adopted this
1't day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7.0.
Budi moved that the rules be
reinstated limiting discussion to the
Council. Seconded by Robbins.
Motion carded 7-0.
Housing Services Manager David
Hards to address Council regarding the
Housing Action Conference, presented
and read. David Hards sooke.
At 7:42 a.M. CounciL, staff and
citizens evacuated the Libra~7 due to
the smell ct smoke.
At 8:05 P.M. Council reconvened
their Regular Session.
Dave Rusk requesting to address
the Council regarding City sponsorship
of a comprehensive downtown planning
process. Mr. Rusk spoke. Michalski
moved to refer to the City Manager ro
work with the -cng Range Planning
Commission and to come back with a
recommendation for City Council
action. Seconded by Budi. Motion
carded 7-0.
Communication of David Tjarks,
Executive Director of the Cannon
Center, requesting Council support for
its aDdiication for grant funds from the
State of Iowa m continue the PATH
Program (Projects for Assistance in
Transi~on from Homelsssness),
presented and read. John Davis of the
Cannon - Center ~poke- requesting
suppo~ Michalski moved that me
communication be received and filed
and resolved to send a letter of Council
support. Seconded by Robbins
Motion carded 7-0.
An Ordinance Amending Section 34-
52(d) of the City of Dubuque Code of
Ordinances prohibiting the
consumption or use of beer in certain
City parks to allow the consumption or
use of beer in Gay Park on Augus~ 12.
2000. presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 42-00
AN ORDINANCE AMENDING
SECTION 34-52(d) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
PROHIBITING THE CONSUMPTION
OR USE OF BEER IN CERTAIN CITY
PARKS TO ALLOW THE
CONSUMPTION OR USE OF BEER IN
GAY PARK ON AUGUST 12, 2000
NOW. THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Sec. 34.52(d) of the City
of Dubuque Code of Ordinances is
amenoeo to read as follows:
Sec. 34.52. Intoxicating Beverages:
(d) The consumption or use of beer
is prohibited in the following-named
parks: Jackson Park, Grant Park,
Washington Park, Burden Park,
Madison Park, Allison-Henderson Park.
Jefferson Park, Hlllto~ Park, Oakwood
Park, Faik Park E.B. ~-yons
PrairieNVoodland Preserve, -~lat Iron
Park, Nicholas J. Sutton Swimming
Reqular Session, May 1,2000
159
Pool, Comiskey Park, Gay Park, Avon
Park, Caledonia Park, Waller-Cooper
Park, Cleveland Park, Valley High
Park, HiIlcrest Park~ Valentine Park,
-Pinard.. Park,- Rocco Buda ~Jr¢-Park,
Sunnyalopes Park, Mama Ridge
Children's Forest, Medical Associates
Greenbelt, Heritage Trail, Elmwood
Green Park, Granger Creek Nature
Trail, Southern Park and Usha Park.
The prohibition on the consumption
or use of beer in Gay Park shal! not
apply on August 12, 2000 from noon
until 5:00 o'clock p.m.
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
1st day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of May,
2000·
--tt ~5 J oanne F_Schneider, City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and moved final
consideration and passage of the
Ordinance. Seconded by Markham.
Motion carried 7-0·
City Manager recommending
approval to adverse for the sale of
General Obligation Bonds, presented
and read. Markham moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 183-00
RESOLUTION DIRECTING THE
ADVERTISEMENT FOR SALE OF
$2,750,000 GENERAL OBLIGATION
BONDS, SERIES 2000B
· .Whereas, the City of Dubuque, Iowa,
Is In need of 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 additional levels of
parking spaces and expansion of the
structured parking facility located on
Iowa Street between F[ffh and Sixth
Streets, an essential corporate purpose
project, and it is deemed necessary
and advisable that the City issue
General Obligation Bonds for said
purpose to the amount of $2,750,000
as authorized by Section 384.25 of the
City Code of Iowa; and
Whereas, pursuant to notice
~ublished as--required-by Sections
384.24, 384.25 and 384.26(5), this
Council has held a public meeting and
hearing on May 1, 2000 upon the
pmpossl to institute proceedings for the
Issuance of the above descdbed
Bonds, and all objections, if any, to
such Council action made by any
resident or property owner of said City
were received and considered by the
Council and no petitions were flied
calling for a referendum thereon; and it
is the decision of the Council that
additional action be taken for the
issuance of said Bonds, and that such
action is considered te be in the best
interests of said City and the residents
thereof.
NOW, THEREFORE, BE iT
RESOLVED BY THECITY COUNCIL
QF THE CITY OF DUBUQUE, OWA:
Section 1. That the Bonds
hereinafter described be offered at
2ublic sale, pursuant to advertisement
as required by law.
Section 2. That the Clerk is hereby
directed to publish notice of sale of
said Bonds at least once, the last one
of which shall be not less than four
clear days before the date of the sale.
Publication shall be made in the
Telegraph Herald, a legal newspaper,
)tinted wholly in the English language,
)ubiished within the county in which
the Bonds are to be offered for sale or
an adjacent county. Said notice is
given pursuant to Chapter 75 of the
Code of Iowa, and shall state that this
Council, on the 18th day of May, 2000,
at 4:00 o'clock P.M. will hold a meeting
to receive and act upon bids for said
Bonds; said notice to be in subsfantially
the following form:
NOTICE OF BOND SALE
Time and place of Sealed Bids:
Sealed bids for the sale of Bonds of the
City of Dubuque, Iowa, will be received
in the office of the City Clerk., in the City
of Dubuque, Iowa (the Issuer") al
11:00 o'clock A.M. on the 18th day of
May, 2000. The bids will then be
publicly opened and referred for action
to the meeting of the City Council as
stated below.
Sale and Award: The sale and awara
of the Bonds will be held at the C~
Hall at a meeting of the City Council on
the above date at 4:00 o'clock P.M.
The Rends: The Bonds to be offered
are the following:
GENERAL OBLIGATION BONDS,
160 Regular Session, May 1,2000
SERIES 2000B, in the amount of
$2,750,000 to be dated June 1 2000
(the "Bonds').
Official Statement' The issuer has
issued an- Official -Statement of
information pertaining to the Bonds to
be offered, including a statement of the
Terms of Offerinp and an Official Bid
Form, which Is ,ncerporated by
reference as a par~ of this notice. The
Official Statement may be obtained by
request addressed to the City Clerk. 50
W. 13th St. Dubuque, Iowa 52001
(telephone: 319/589-4100) or the
financial acMsar [o the City, Speer
Financial, Inc.., 531 Commercial Street.
Suite 500, Waterloo, Iowa 50701
(telephone: 319/291-2077).
Terms of Offedno.: All bids shall be in
conformity w~th and the sale shall be in
accord with the Terms of Offering as
set forth in the Official Statement.
Leoal OBinion' Said Bonds will be
so-~d-sub~ct-to the opinion of Ahlers.
Cooney, Dorweiler, Haynie, Smith &
Ailbee, P.C., Attorneys of Des Moines,
Iowa. as to the legality and their
opinion ,Mil be furnished together with
the printed Bonds without cost to the
purchaser and all bids will be so
conditioned. Except to the extent
necessary to issue their opimon as to
the legality of the Bonds the attorneys
will not examine or review or express
any opinion with respect re the
accuracy or completeness of
document~, materials or statement
made or furnished in connection wffh
the sale, issuance or marketing of the
Bonds_
Rights Reserved: The dght is
reserved to reject any or all bids, and to
waive any irregularities as deemed to
be in the best interests of the public.
By order of the City Council of the
City of Dubuque. owa.
Jeanne F. Schneider
City Clerk of the City of Dubuque,
Iowa
(End of Notice)
Passed and approved this 1st day of
May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moveo adoption of me
Resolution. Seconded by Nicholson.
Motion carded 7-6.
City Manager recommending
approval of a new developer for the
owa Inn/Stout Place Project,
presented and reaa. Markham moved
that the communication be received
and filed. Seconded by Nichelson.
Motion carded 7-0.
Jean Eide of MetroPlains spoke in
favor of this project,
RESOLUTION NO. 184-00
- --WHEREAS. the City of Dubuque
Iowa. has Peen informed by Metro
Plains Development, LLC that a Iow
income housing mx credit application
(wi~ or has been) filed with the owa
Finance Authority for the development
of affordable rental housing to be
located at 125 W 9"~ Street. Dubuque,
Iowa `Mth a legal descdotion as fo[Iowa:
City lot 168 and 168A and the south
~ of city lot 187, City of Dubuque
Iowa;
WHEREAS, this housing project will
contain approximately 31 units:
WHEREAS. the units `Mil be targeteo
to eldedy and general occupancy;,
WHEREAS, the project `Mil De an
acquisition and rehabilitation:
WHEREAS, the property `MI nave
the~o~io`Mng amen~es~
On site laundry, community room,
elevator and controlled entry, units will
be full sized one and two bedroom
apartments, kitchen `Mil have full size
ranges and refrigerators.
WHEREAS. the developer has
requested local assistance through tax
increment financing, a mx abatement
lead abatement loan CDBG loan. cit7
loan.
NOW, THEREFORE, BE IT
RESOLVED by the City of Dubuque
Governing Body, that we suppor~ and
approve the development of the
aforesaid housing in our community,
I subject to city ordinances and the
building permit process. The resolution
is effective until 4/20/2001. n the
event that any of the characteristics
mentioned above should change odor
to the issuance of a building permit,
this resolution is nell and void.
Passed, approved and adopted this
1~ day of May, 2000.
Terrance M.. Duggan, Mayor
Jeanne F. Schneider, C~ Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0
City Manager recommending
adoption of the Consolidated Plan for
Housing and Community Development
for 2001-2006 as required by HUD,
presented and read. ~ichelson moved
that the communication be received
and filed. Seconded by MichelskL
Motion carried 7-0
Reqular Session, May 11:2000
161
RESOLUTION NO. 185-00
RESOLUTION ADOPTING THE
CONSOLIDATED PLAN, FOR 2001-
2006; AUTHORIZING THE MAYOR
TO EXECUTE SAID PLAN ANDALL-
NECESSARY CERTIFICATIONS;
DESIGNATING THE CITY MANAGER
AS THE AUTHORIZED CHIEF
EXECUTIVE OFFICER FOR THE
CONSOLIDATED PLAN; AND
DIRECTING THAT SAID PLAN BE
SUBMITTED TO THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
WHEREAS, the U.S. Department of
Housing and Urban Development
(HUD) requires the City of Dubuque,
Iowa, to prepare and submit a
Consolidated Plan to plan for the
coordinated use of federal, state, and
local funds to assist lower income
residents with housing, jobs and
WHEREAS, the City has
disseminated information, received
public input and held a public headng
on the Consolidated Plan; and
WHEREAS, copies of the draft
Consoliduted Plan have been available
for public comment 30 days pdor to
City Council final action; and
WHEREAS, the City's Community
Development Advisory Commission
and Housing Commission have both
recommended adoption of this plan;
WHEREAS, the C~ Council finds
that the public interest will be served by
the adoption of the Consolidated Plan
and submission to the U:S. Department
of Housing and Urban Development.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
THAT:
1. The City of Dubuque Consolidated
Plan for 2001-2006, filed in the office of
Community and Economic
Development, be and the same is
hereby approved and adopted,
2. The City Council authorizes the
Mayor to sign the document on behalf
of the City of Dubuque, iowa; directs
the Mayor to provide all the necessap/
certJflcafions required by the U.S.
Department of Housing and Urban
Development; designates the City
Manager as the authonzed Chief
Execufive Officer for said Consolidated
Plan; and, fur[her directs the City
Manager to submit said Consolidated
Plan to the U.S. Department of
Housing and Urban Development.
Passed and approved this 1st day of
May, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the
Resolution. -.Seconded by Michsiski.
Motion carded 7-0.
City Manager submitting documents
providing for installation of the Five
Flags Center Skate Tile, presented and
read. Buol moved that the
communication be received and filed.
Seconded by MichalskL Mofion carried
7tO.
RESOLUTION NO. 186-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated-cost'forlhe FIVE FLAGS
CENTER SKATE TILE
REPLACEMENT PROJECT, in the
estimated, amount of $50,000, are
hereby approved and ordered fi[ed in
the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
1st day of May, 2000.
Torrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Buol moved adopfion of the
resolution. Seconded by MichalskL
Motion carded 7-0.
RESOLUTION NO. 18700
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, spechlcafions, ~and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the FIVE FLAGS ARENA
SKATE TILE REPLACEMENT
PROJECT.
NOW, THEREFORE, BE Ff
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 5th day of June, 2000, a
~ublic headng will be held at 6:30 p.m.
in the Public Library Auditorium, at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
162 Regular Session, May 1, 2000
Dubuque, lows, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
nterasted person may appear and file
objectons to the proposed ~lans,
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
1st day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Duel moved adoption of the
'esolufion. Seconded by Micha[ski.
Motion carded 7-0.
RESOLUTION NO. 188-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the FIVE FLAGS ARENA
SKATE TILE REPLACEMENT
PROJECT 'is hereby ordered to be
adveYdsed for bide for construction.
BE IT FURTHER RESOLVED. that
the amoum of the secudty to
accomoany each bid shall be ~n an
amount which shall conform to the
provisions et the notice m bidders
hereby approved as a part of the plans
and spec'~cations heretofore adopted.
That the City Clerk is hereby directeP
to ad~erlise for bids for the construction
of the imorovements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa. which notice shall not
be less than four days nor moro than
twenty days pdor to the recelot of said
bids at 2:00 p.m. on the 23rd 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 5th day of
June, 2000.
~assed, approved and adopted this
1st day of May 2000.
Terrance IV.. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo[ moved adopfior of the
resolution. Seconded by Michaiski.
Motion carried 7-0.
City Manager subm~ng documents
providing for the Olympic Heights/U.S.
52/Jackson Street Drainage
Improvements - Phase Il (Flexsteel
Pump Staten Augmentation),
presented and reae. Duel moved that
the communication be received and
i'iled. Seconded by Markham. Motion
carded 7-0.
RESOLUTION NO. 189-00
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,
soecifications, form of contract aRe
estimated cost for the Olympic Heights-
U.S. 52-Jackson Street Drainage
Improvements - Phase I (Flexsteel
Pump Station Augmentation), ir the
estimated amount of $52,887.00, are
hereby approved and ordered filed in
the office of the C:~y Clerk for public
inspection.
Passed, ador~ted and approved this
1at day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Duo movec adoption of the
resolution. Seconded by Markham
Motion carried 7-0.
RESOLUTION NO, 190-00
FIXING DATE OF HEARING O1~
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, lows has giver its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Olympic Heights-U.S
52-Jackson Street Drainage
Improvements - Phase I (Flexsteel
Pump Station Augmentation).
NOW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 5th day of June, 2000, a
public headng will be held at 6:30 p.m.
in the =ublic Library Auditorium az
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed To cause a
notice of time and place of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, lows, which notice shall be
no[ ess than four days nor more than
twenty days prior to the day fixed for its
cons[deraton. At the hearing, any
interested person may appear and file
objections to the proposed plans,
soecificaton~4, contracL or estimated
coat of the improvement.
Passed, adopted and approved this
1st day of May, 2000.
Reqular Session, May 1, 2000
163
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. 191-00
ORDERING BIDS
NOW THEREFORE. BE IT
RESOLVED. ~3Y THE COUNCIL OF
THE CITY OF DUBUQUE, IOW,~
That the Oiympic Heights-U.S. 52-
Jackson Street Drainage
Improvements - Phase ii (Flexsteel
Pump Station Aqgmentation) is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED. that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
h-erebyapproVed asa part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be pub{ished in a
newspaper having general 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 18th day of May, 2000. Bids shall
be opened and read by the City Cterk
at said time and will be submitted to the
Council for final action at 6:30 p.m. on
the 5th day of June, 2000.
Passed, adopted and approved this
1st day of May, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion ca.ed 7.0.
City Manager submitting documents
providing for construction of the
Sheridan Road Storm Sewer
Reconstruction Project, presented and
read. Robbiss moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO, 192-00
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 Sheridan Road
Storm Sewer Reconstruction Project, ic
the estimated amount of $174,667.15,
are hereby approved and ordered filed
'in the office of the City'Clerk for public
inspection.
Passed, adopted and approved this
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Buci. Motion
carded 7-0_
RESOLUTION NO. 193-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
off`me of the City Clerk for public
inspection of the Sheddan Road Storm
Sewer Reconstruction Project.
NOW . THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That on the 5th day of June, 2000, a
pub{lc headng will be held at 6:30 p.m.
in the Public Librar~ Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
~mprevement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
beadng to be pub{ished in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the headng, any
interested person may appear and file
objections to the proposed plans,
spec'~cations, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
1st day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Rebbins moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 194-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CiTY OF DUBUQUE, IOWA:
That the Sheridan Road Storm
164 Regular Session, May 1, 2000
Sewer Reconstruction Project is hereby
ordered to be advertised for bids for
construction.
BE JT FURTHER RESOLVED. that
the - amount of the secuti~ to
accompany each bid shall be in an
amoun[ which shai conform to the
erovisions of the notice to bidders
hereby approved as a aart of the plans
aha specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
genera~ circulation in the City of
Dubuque, Iowa, which notice shall no[
be less than four days nor more than
forty-five days 2rior to the receipt of
said bide at 2:00 p.m. on the 18th day
of May, 2000. Bids shall De opened
and read by the City Clerk at said time
and will be submitted to the Council for
final ac'don at 6:30 p.m. on the 5th day
Approve .d¢.~¢~./~/'/~ , 2000
Adopted ¢-~¢-~.¢'¢;¢ ~' ,2000
of June,2000. - .......................
Passed, adopted aha approved this Council Members
1st day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbies moved adoption of the
Resolution. Seconded Dy Buol. Motion
cartied 7-0.
At 8:51 P.M. Buol moved to go into
Closed Session: Pending Litigation and
Property Acquisition (Iowa Code
§21.5(1)(c)(j). Seconded by Markham.
Motion carried 7-0.
Clerk
At 9:29 P.M. Council reconvened
Regular Session stating that Staff had
tiee~ given proper direction.
There being no further business
~uol moved to adjourn. Seconded by
Markham. Motion carded 7-0. The
'heating adjourned at 9:30 P.M.
Jeanne F. Schneider
City Clerk
Special Session, MaY 8, 2~00
165
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, May
8, 2000
Council met in Special Session at
4:00 P.M. in Conference Room B at
City Hall .......
~Co~cil 'Members 'Buol
Present
Cline, Mark~arh,~M ch~Iski, Nicho~fson,
Robbins, City Manager Michael Van
Mi[]igen, Assistant City Attorney Tim
O'Brien. '
Absent Mayor, D~ggan' at r611 call. '
Mayor Pro-Tern Nicholson read the
call and :stated this is g ~pe~ial session
of the City Council called for the
purpose of acting upon a Resolution of
Necessity for an Amended and
Restated Ice Harbor Urban Renewal
District and also to go into Closed
Session in accordance with Chapter
21.5(1)0).
RESOLUTION NO. 195-00
A RESOLUTION OF NECESSITY
FINDING THAT THE EXPANSION OF
THE ICE HARBOR URBAN
RENEWAL DISTRICT IS AN AREA
MEETING THE DEFINITION OF
BLIGHT AND THAT DEVELOPMENT
OF SAID AREA IS NECESSARY IN
THE INTEREST OF THE RESIDENTS
OF THE CITY OF DUBUQUE, IOWA,
Whereas, the City Council of the City
of Dubuque has determined that the
expansion of the Ice Harbor Urban
Renewal District will provide
redevelopment opportunities which wiU
further the purposes and objectives of
the Ice Harbor Urban Renewal Plan;
and
Whereas, the Community and
Economic Development Department
has prepared an urban renewal
eIigibility report documenting that the
proposed expansion area is a blighted
area as defined by Chapter 403 of the
Iowa Code; and
Whereas, the City Council has found
that the proposed expansion area
meets the definition of a blighted area
as found in Chapter 403 "Urban
Renewaf' of the Iowa Code; and
Whereas, Chapter 403 of the Iowa
Code requires that before urban
renewal authority may be exercised, a
City Council must adopt a resolution of
necessity finding that the area in
question is a slum, blighted or
economic~development area, and that
so designating such area is necessary
in the interest of the public health,
safety or welfare of the residents of the
municipality.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the following
described area, which is proposed to
be added to the ice Harbor Urban
Renewal District, is a blighted area as
defined by Chapter 403 of the Iowa
Code and is appropdata for an urban
renewal project, to wit:
That area generally bounded on the
north and west by the Chicago, Central
and Pacific Railroad right-of-way, on
the south by the existing northerly
boundary of the ~ce Harbor Urban
Renewal District and on the east by the
municipal limits of the City of Dubuque
(excluding. Lot 3 Adams Co.'s 14
Addition), Dubuque County, towa and
any adjoining public right-of-way.
(hereinafter, the "Expansion Area")
Section 2. Thatthe development of
the Expansion Area is necessary and
appropriate to facilitate the proper
growth and development of the
community in accordance with sound
planning and local community
objectives.
Section 3. Thatthe City Manager is
authorized and directed to prepare an
Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban
Renewal District, to forward said Plan
to the City's Long Range Planning
Advisory Commission for review and
comment and to begin the consultation
)recess required by law with affected
taxing entities.
Section 4. That the City Clerk is
directed to publish notice of a public
headng on the adoption of an
Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban
Renewal Diatdct to be held on June 5,
2000 at 6:30 p.m. in the Carnegie-Stout
Public Library Auditorium, 360 W. 11th
Street, Dubuque, Iowa 52001 and that
said notice shaU generally identity the
area covered by the Amended and
Restated Plan and the general scope
oftheAmended and Restated Plan and
the activities planned for such area.
Section 5. That the City Clerk is
further directed to send by ordinary
mail a copy of said notice of public
headng to the Dubuque Community
166 Special Session, May 8, 2000
School District, the County Board of
Supe~sors and the Northeast owa
Commun~ College, as the affected
taxing en~des.
PASSED, APPROVED and
ADOPTED this 8~ day of May, 2000
Terrance M. Duggan, Mayor
A-Fi-EST: Jeanne F. Schneider, City
Clerk
Micha[ski moved adop'don of the
Resolution and fur[her set this matter
for Public Headng on June 5. 2000 at
6:30 P.M. in the Public Library
Auditorium and that the City Clerk
publish not~ce in the manner ~rescribed
by law.. Seconded by Robbins.
Motion carded 7-0.
At 4:10 P.M. Michalski moved to go
into Closed Session in accordance with
Chapter 21.5(1)0). Seconded by
Markham. Motion carded 7-0.
Mayor Duggan ardved at 4:13 P.M
At 4:24 P.M. Council reconvened
Regular Session with statement that
staff had peen given direction.
There being no further business,
Michaiski movedto adjourn. Seconded
by Markham. Motion carded 7-0. The
meeting adjourned at 4:25 P.M.
Is/Jeanne F. Schneider
City Clerk
Approved~-gf-~ .~ 2000
Add ,ted~.¢¢¢~ ~ 2000
Council Members
AttesT'- -
I~ Clerk
Reqular Session, May 15, 2000
167
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May
15, 2000
Council met in Regular Session at
6:30 P.M. in the Public Library
Auditorium.
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
Michelski,, Nichoison, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. LindahL
Mayor Duggan read the call and
stated this is the regular session of the
City Cour~ catied for the purpose of
acting upon such business which may
properly come before the City Council.
Invocation was given by Rev. Nancy
Bickel, of the First Congregational
United Church of Chdst.
PROCLAMATION: Historic
Preservation Week (May 14-20, 2000)
received by Ken Kdegle.
Minutes Submitted: Civil Service
Commission of 4/3; Community
Development Commission of 4/25;
Environmental Stewardship Advisory
Commission of 5/2; Histedc
Preservation Commission of 4/6 and
4/20; Long Range Planning Advisory
Commission of 4/19; Park and
Recreation Commission of 4/12;
Zoning Advisory Commission of 4/5;
Zoning Board of Adjustment of 4/27;
Library Board of Trustees of 3/23,
presented and read. Buol moved that
the minutes be received and tiled.
Seconded by Michalski. Motion carried
?.0~
Acting Finance Diractor submitting
Financial Report/or month ending April
30; 2000. Proof of Publication of
Council Proceedings for 4117100; and
List of Claims and Summary of
Revenues for month ending March,
2000, presented and read. Buol
moved that the proofs and
communication be received and tiled.
Seconded by Michalski, Motion carded
7.0,
Quarterly Report of the Convention
and V'~itors Bureau and the Substance
Abuse Services Center, presented and
read. Buol moved that the
communication be- received and tiled.
Seconded by Michalski. Motion carried
7-0.
Notice of Claims/Suits: Mark Becker
in estimated amount of $445.84 for
vehisle damage; Dianna Jean Grob in
undetermined amount for various
items; Michael Hanson in
undetermined amount for vehicle
damages; Gerard Kruse in estimated
amount of $1,545.88 for vehicle
damages; Chuck Minnick in estimated
amount of $741.68 for motoroyc[e
damages; Allen D. Mohr in estimated
amount of $639.19 for vehicle
damages; Craig and Deb Wurdinger in
estimated amount of $500 for vehicle
damages, presented and read. Buol
moved that the claims and suits be
referred to the Legal Staff for
investigation and repor~ Seconded oy
Michaleld..Motion carded 7.0.
Corporation Counsel advising the
following claims have eeen referred To
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Gerard Kruse for
vehicle damages, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Michaiski. Motion carded 7-0.
Corporation Counsel recommending
settlement of the claim of Tom
Patterson in the amount of $519.40 for
vehicle damages; and claim of Jimmy
and Deb Mathess in the amount of
$397 for a Release and SeffJement
Agreement, oresented and read. Buol
moved that me communication be
received and tiled and Finance Director
to issue the proper check. Seconded
by Michaiski. Motion carded 7-0.
Corporation Counsel recommending
denial of the vehicle damage claim of
Michael A. Nichols, presented and
read. Buol moved that the
communication be received and flied.
Seconded by Michalski. Motion carded
?-0.
Communication of Gary D. Junso,
John Morrell & Co., advising that an
additional one hundred employees will
be laid off on or about June 9, 2000,
)resented and read. Buol moved that
the communication be received and
168 Regular Session, May 15, 2000
tiled. Seconded by MichaiskL Motion
carded 7-0.
Communication of Terry Ross
--providing official --notification..-that-
National Service Company of Iowa has
given a WARN notice to its employees
at the Dubuque, iowa Farmland Foods'
plant, presented and read. Buol moved
that the communication be received
and tiled. Seconded by Michaiski.
Motion carded 7-0.
Communication from Tara Winger
regarding the Dubuque Police
Department and communication from
Patdcia A. Doll, 3035 Arbor Oaks Drive,
regarding AT&T Cable Service,
presented and read. Buol moved that
the communications be received and
ti[ed. Seconded by MichalskL Motion
carded 7-0.
Communications from the
Department of Economic Development
regarding the Community Economic
Betterment Account contracts of FDL
Foods, and HBO and Company,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Micheiski. Motion
carded 7-0.
Letter to Senators Tom Harkin and
Chades Grassley and Congressman
Jim Nussle in opposition to expanding
the moratorium on the Interact Tax
Freedom Act, presented and read.
Buol moved that the communication be
received and ti[ed. Seconded by
Micheiski..Motion carded 7-0.
Letter to Governor Tom Vilsack ic
support of Senate File 2453 the
infrastructure Appropriations Bill,
presented and read. Buol moved that
me communication be received and
filed. Seconded by MichalskL Motion
carded 7-0.
Communication of Laurie b Dawley,
Shu~eworth & ingersoll, P.LC.,
requesting the vacating of the west 17
feet of Pine Streeg presented and read.
Buol moved thatthe communication be,
received and tiled and referred to the
City Manager. Secandeo by Michaiski.
Motion carded 7-0.
May 1, 2000
Honorable Mayor and Members of
the City Council
in accordance with Chapter 400 of
the 1999 Code of Iowa. an examination
for the position of Engineenng
Assistant il was given. This exam was
evaluated by City staff and final scodng
approved.
We hereby certify that the following
indMduals-have passed this wr'Aen
examination and the vacancy for this
positica should be made from this list.
We fur[her state that this list is good for
two (2) years from above date.
ENGINEERING ASSISTANT Ii
Jay B. Gonzales
Thomas R. Kopp
Hugh R. McCarron
Respecffu[ly submitted,
Is/Mede J. Duehr, Jr.
Chairperson
Loras J. Klussner
Richard Wedzberger
Civil Service Commission
Buo] moved that the above Civil
Servfca Certff-~cation be made a matter
of record. Seconded by Michalski.
Motion carded 7-0.
City Manager recommending
acceptance of the contract for the 1999
Curb Ramp Installation Project.
)resented and read. Buol moved that
the communication be received ano
tiled. Seconded by MJchaiski. Motion
carded 7-0.
RESOLUTION NO. 196-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1999
Curb Ramp Installation - CDBG Project
has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract plans and
soecitications 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 ano the
same is hereby accepted.
BE T FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to cay to the contractor from
the CDBG FY2000 Funds in amount
equal to the amount of this contract
less any retained percentage provided
for therein.
Passed. approved and adopted this
15th day of May, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolutior.. Seconded by Michalski.
Motion carded 7-0.
Reqular Session, May 15, 20~0
169
RESOLUTION NO. 197-00
FINAL ESTIMATE
Whereas, the contract for the 1999
Curb Ramp Installation - CDBG Project
has been* completed -and---the -City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of esfimatas, nofices
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 $60,751.20 and the ssid amount
shall be paid from the CDBG FY2000
Funds of the City of Dubuque, Iowa. '
Passed, approved and adopted this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adopfion of the
resolution; ~Seconded b~Michalski.
Motion carded 7-0.
CH Manager recommending
acceptance of the Final Assessment
Schedule for the Jackson Street
Reconstrucfion Project, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Michalski. Motion carded
7-0~
RESOLUTION NO. 198-00
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR JACKSON STREET
RECONSTRUCTION PROJECT
INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the
finat schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of the Jackson Street
Reconstruction Project under contract
with Horsfleld Construction, Inc. of
Epworth, Iowa, which final plat and
schedule were filed in the office of the
City Clerk on the 3rd day of April, 2000;
the said schedule of assessments be
and the same is hereby approved and
adopted.
-.That ~ere-be,-and is hereby
assessed and levied as a special tax
against and upon each of the lots, the
respective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
respective properties beneft[ted by the
improvements as shown in the
schedule, subject to the provisions of
Section 384.63 of the Code of iowa.
Said assessments against said lots are
hereby declared to be in proportion to
the special benet-r~s conferred and not
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed to ceYdty said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
certification once each week for two
consecufive weeks in the manner
provided in Section 362.3, the first
:ublication of which shall be not more
than fifteen days from the date of filing
of the final schedule, On or before the
date of the second pub[isation of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or in part without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at nine (9)
percent (commencing on the date of
acceptance of the work) computed to
the December 1 next following the due
dates of the respective installments as
provided in Se~on 384.65 of the Code
of Iowa. Each installment will be
delinquent from October 1 following its
due date on July 1 of each year.
Property owners may elect to pay any
annual iostailments semiannually in
advance.
Passed, approved and adopted this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACKSON STREET FINAl
ASSESSMENTS
170 Regular Session, May 15, 2000
~wner SubdMsion and Lot
Total Net Assess.
Linehan Park Addn.
Kirchberg, Gerald Clarence
I $1.556.85
Finn, Thomas J. & Kathryn M.
2 $544.78
Ehlers, Thomas G. & Monica L
3 $347.25
Gartner. Roger J.
4 $181.83
Pothoff, Alvin J. & Kathryn E &
Potthoff, Francis M. & Jayne
10 $1,222.18
ObertoelL, Randall H. & Debra R.
11 $479.70
Enke. Debora Jean
12 $282.53
Casper, Susan Marie
13 $137.38
Sanchez. Hipolito H. & Maria Eva
18 Water Assessment: $1.085.77
$2,307.95
Hedley, Jerry E. & Darlene M.
19 $479.70
Beecher, Judith Ann
20 . $282.53
Schmits. Chades
21 $137.38
Ellis, Thomas J. & Aimee
26 Water Assessment: $1.022.40
$2,523.37
Stuckey, ~latthew W. & Ellen R.
27 $479.70
Rogers, Thomas A. & Christine M.
28 $282.53
Nadermann Ronald b & Sandra S.
29 $137.38
Edgington, Everett L & Joan M
Sl/2-34 Water Aesessmen~:
$1,022.40 $1.873.34
Edgingmn, Everett L. & Joan M
S1/2-35
Edgington, Everett L. & Joan M
N1~2-34 $1.045.05
Edgington, Everett L. & Joan M.
N1/2-35
B&W Properties LC
36 $282.53
Boardman, Betty J.
37 $137.38
Meyem, Carol A. & Tott Lisa M
42 $1,500.97
He[bing, Harold J. & Sandra L.
43 $479.70
Bush, Alma Jear
44 $282.53'
Johnson, Ne[I
45 $137.38
Swiss Valley Farms Co.
50 $14.060.16
Swiss Valley Farms Co.
51 wi50
Swiss Valley Farms Co.
52 wi50
Swiss Valley Farms Co.
53 w/50
Swiss Valley Farms Co.
S1/2-Vac. Alley Abutting Lots 50-52
w/50
Swiss Valley Farms Co.
S1/2-Vac. Alley Abutting Lots 54-53
w/50
Swiss Valley Farms Co
N1/2-Vac. Alley Abutting Lots 58-62
w/50
Swiss Valley Farms Co
58 wi50
Swiss Valley Farms Co.
58A Deficiency Assess. $82.44
$134.15
Swiss Valley Farms Co.
59 wi50
Swiss Valley Farms Cc.
60 w/50
Swiss Valley Farms Co.
61 w/50
Swiss Valley Farms Cc.
1 ~A Vacated Pt. Garnet Ave. w/50
Swiss Valley Farms Co.
2-A Vacated ~t. Garnet Ave. w/50
Swiss Valley Farms Co.
66 w/50
Swiss Valley Farms Ce.
67 w/50
Swiss Valley Farms Co.
68 wi50
Swiss Valley Farms Co.
69 w/50
Swiss Valley Farms Co.
Alley Vacated w/50
Swiss Valley --arms Co.
74A w/50
Swiss Valley Farms Co.
75A w/50
Swiss Valle f Farms Co.
76A wi50
Swiss Valle f Farms Co.
2-74 wi50
Swiss Valle ¢ Farms Co.
NE 11'-2-2-75 wi50
Swiss Valle ¢ Farms Co.
SW 2'-2-2-75 w/50
Swiss Valle ~ Farms Co.
1-74 wi50
Swiss Valle, Farms Co.
NE 11'-1-2-75 w/50
Swiss Valle, Farms Co.
SW 2'-1-2-75 w/50
Swiss Valle, Farms Co.
1-75 w/50
Swiss Valle' Farms Co
2-76 w/50
Swiss Valle Farms Co.
1-76 wi50
Swiss Valle, Farms Co
77 w/50
Swiss Valle' Farms Co
80A wi50
Swiss Valle, Farms Co
Reqular Session May 15, 2000
171
1-82
Swiss Valley Farms Co.
1-2-83
Swiss Valley Farms Co.
2-82
Swiss Valley Farms Co.
2-2-83
Swiss Valley Farms Co.
1-83
Swiss Valley Farms Co.
2-84
Swiss Valley Farms Co.
1-84
Swiss Valley Farms Co.
2-85
Swiss Valley Farms Co.
1-85
Swiss Valley Farms Co.
82A
Swiss Valley Farms Co.
83A
Swiss Valle ! Farms Co.
84A
Swiss Va~e f Farms Co.
85A
Swiss Valle ~ Farms Co.
N1/2-Vacated Alley
Swiss Valle ¢ Farms Co.
90
Swiss Valle ~ Farms Co.
91
Swiss Valle r Farms Co
92
Swiss Valle, Farms Co
92A
Swiss Valle, Farms Co.
93
Swiss Valley Farms Co.
98
Swiss Valley Farms Co.
E. BAL. 99
Swiss Valley Farms Co.
I00
Swiss Valley Farms Co.
W 29'-99
Swiss Valley Farms Co.
101
Swiss Valley Farms Co.
106
Swiss Valley Farms Co.
107
Swiss Valley Farms Co.
108
Swiss Valley Farms Co.
109
Swiss Valley Farms Co.
105A $521.12
GREAT WESTERN SUBDIVISION
NO. 1&2
Flexsteel Industries inc. $39,985.98
GREAT WESTERN SUBDIVISION
NO. 1
Flexsteel Industries Inc. $11.001.69
TOTALS:
Deficiency Assessment $82.44;
$5.777.75
w/1-82
~. w/!-82
w/1-82
w/1-82
w/1-82
w/1-82
w/1-82
wi1-82
w/1-82
wi1-82
w/1-82
w/1-82
wi1-82
wi1-82
wi1-82
w/1-82
$1,303.01
wi1 ~82
$1,762.61
wig8
$674.46
w/100
$168.72
$I ,5OO.97
$589.12
$346.98
$168.72
Net Paving Assessment $91,986.79:
Water Service Assessment: $3,130.57;
Total Assessments: $95.117.36
Buo[ ~noved adoetion of the
resolution.. - Seconded by. MichalskL
Motion carried 7-C.
City Manager recommending
approval of a lease agreement with the
Iowa Department of Transportation to
allow construction of a parking lot
uresented and read. Buol moved that
the communicafion be received ano
filed. Seconded by Michalski. Motior
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
AND LIGHT 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. located on US 61/151 right-
of-way; and
Whereas. the Iowa Deparb33ent of
Transportation has proposed a
Commercial Aimpace Lease providing
for the terms and conditions relating to
the lease of the right-of-way and
construction of said parking lot; ano
Whereas, the City Council of the City
of Dubuque approves the [erms and
conditions of said Commercial Aimpace
Agreement
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Se~on 1. That the Iowa Department
of Transportation Agreement consisting
of a Commercial Airspace Lease with
the Iowa Department of Transportatio~
for the lease of US 61/151 fight-of-way
and construction of a paddn_c lot on
IDOT right-of-way as Parcel A anc
Parcel B on the attached survey plat.
Section 2. That the City Council of
the City of Dubuque agrees to a ]ease
payment of $2,956.80 per year.
Section 3. That the Mayor be
author'[zed and directed m execute ~wo
copies of the Commercial Airseace
Lease and forward the executed copies
to the Iowa Department of
Transportation.
Passed, approved and adopted this
15th day of May, 2000.
Terrance M. Duggan, Mayor
172 Regular Session, May 16, 2000
Attest Jeanne F. Schneider, City Clerk
Buo~ movea adopdo~ of the
resolution Seconded by Michalski.
Motion carded 7-0.
City Manager recommending
acceptance of a Re[ease of Easement
for Dubuoue Transfer and Storage
adjacent to the North End
Neighborhood Bike/Hike Trail
presented and read. Buol moved that
the communication be received and
fled. Seconded by Michalski. Motion
carded 7-0.
RESOLUTION NO. 199-00
RESOLUTION ACCEPTING A
RELEASE OF EASEMENT FOR
CERTAIN PROPERTY ADJACENT TO
THE NORTH END NEIGHBORHOOD
BIKFJHIKE TRAIL FROM 22ND
STREET TO 32ND STREET, IN THE
CITY OF DUBUQUE, IOWA.
Whereas. the City Councit of the City
of Dubuque, owa granted Dubuque
Transfer and Storage an
ingress/egress easement on-July 27,
1998, filed as Instrument No. 11737-98
in the Office of the Dubuque County
Recorde~. and
Whereas, the addition as shown on
the attached exhibit Is no longer
needed; and
Whereas, Dubuque Transfer and
Storage has executed a Release of
Easement for a certain properly
adjacent to the North End
Neighborhood Bike/Hike Trail from
22nd Street to 32nd Street, all in the
City of Dubuque, Iowa.
NOW THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 That the City of Dubuque,
Dubuque County, iowa hereby
approves of. accepts and consents to a
Release of Easement to a certain
properly owner described as an 18-foot
Dy 75-foot easement along the
northeasterly boundary line of said Lot
49 and Lot 50 of Glendale Addition, as
shown on the attached Exhibit.
Section 2. That the Mayor be
authorized and directed to execute ano
acknowledge on behaJf of the City of
Dubuque, the Release of Easement.
and any instruments in connection
herewith
Section 3. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
resolution in the office of the City
Assesso[ Dubuque County Recorder
and the Dubuque County Auditor.
Passed approved and adopted th~s
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
--Buol -moved adop~on of the
resolution. Seconded by Michalski.
Motion carried 7-0.
Zoning Advisory Commission
advising of their approval of the Minor
Final Plat of Siegert's Place, Third
Addition. presented and read Buol
moved that the communication ~e
recelvec and filed. Seconded Dy
Michelski. Motion carded 7-0.
RESOLUTION NO. 200-00
A RESOLUTION APPROVING THE
FINAL PLAT OF S]EGERT'S PLACE,
THIRD ADDITION, IN THE CITY OF
DUBUQUE, IOWA.
Whereas. there has been flied with
the City Clerk a final plat of Siegert's
Place, Third Addition inthe City of
Dubuque, Iowa; and
Whereas. said final plat nas been
examined by Ihe Zoning Advisory
Commission and Lad its approva~
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 thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the final plat of
Siegert's Place, Third Addition, is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, iowa, upon said final
plat
Passed approved and adopted this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol movea adop~on of the
resolution. Seconded by Michelski.
Motion carried 7-0.
City Manager recommending that the
City sponsor the grant application of
the Dubuque County Historical Society
to DMATS for Phase 2 of the Depot
Restoration Project, presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Michalski. Motion carded
7-0
RESOLUTION NO. 201-00
RESOLUTION PROVIDING FOR AN
APPLICATION TO DMATS FOR TEA-
Reqular Session, May 15i 2000 [73
2 1 TRANSPORTATION
ENHANCEMENT FUNDS FOR
PHASE 2 OF THE DEPOT
RESTORATION PROJECT BY
DUBUQUE' 'COUNTY--HISTORICAL
SOCIETY
Whereas, the Dubuque Metropolitan
Area Transportation Study (DMATS)
has allocated local TEA-21
Transportation Enhancement Funds for
historic preservation; rehabilitation and
operation of histodc transportation
buildings, structures, and facilities; and
establishment of transportation
museums; and
Whereas, the Dubuque County
Historical Society (DCHS) has
requested City sponsorship of and will
provide the required local match for an
application to DMATS for local TEA-21
Transportation Enhancement Funds for
Phase 2 of the Restoration of the
Burlington Qu!_n~cy Depot, which w~l be
part of the River Discovery C~nter; and
Whereas, the City of Dubuque
participates as a sponsor in the
Amedca's River Project, which includes
the River Discovery Center.
NOW THEREEORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section t. That the Mayor hereby is
authorized to sign the application for
Phase 2 of the River Discovery
Center's Depot Restoration Project on
behalf of the DCHS to DMATS for local
TEA-21 Transportation Enhancement
Funds.
Section 2. That the City Council
hereby authorizes the City Manager to
negotiate an appropriate Contract with
the DCHS to comply with TEA-21 grant
requirements for this project, should
the application be approved by
DMATS.
Section 3. That in the event said
application is approved, the DCHS will
provide its written assurance that the
completed project will be maintained
adequately for its intended public use
for a minimum of twenty (20) years
following project completion.
Section 4. That the City of Dubuque
hereby agrees to abide by all local,
state and federal requirements
applicable to the proposed project.
Passed, approved and adopted this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F; Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by MichalskL
Motion carded 7-0.
Submittal of the Official Statement
for the $2,750,000 General Obligation
Bonds to be sold on May 18, 2000,
presented and read. Buo[ moved that
the Statement-be received-and tiled.
Seconded by Michalski. Motion carried
7-0.
City Manager recommending the
pubiicstion of combined notice of no
significant impact on the environment
and notice of intent to request release
of funds for the HOME investment
Partnership Program, presented and
read. Buol moved that the
communication be received and flied.
Seconded by Michalski. Motion carded
7-0.
RESOLUTION NO. 202-00
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS - FOR THE HOME
INVESTMENT PARTNERSHIP
PROGRAM
Whereas, the City of Dubuque will
enter into a contract and Funding
Agreement providing for financial
assistance with the Iowa Department of
Economic Development for an award of
funds under Title Il of the Cranston-
Gon2alez National Affordable Housing
Act of 1990, as amended; and
Whereas, pursuant to the rules and
regulations as promulgatad by the Iowa
Department of Economic Development
(IDED), for the HOME investment
Partnership Program, the Housing
Services Department has after due
consideration, determined that the
project is not a major federal action
significantly affecting the quality of the
human environment.
Whereas, based on said
environmental review, the City of
Dubuque Housing Services
Department has determined that said
project will have no significant impact
on the environment; and
Whereas, a combined notice of"
Finding of No Significant Impact on the
Envirenmenf' and of "Intent to Request
Release of Funds" for said project will
be sent by regular mail to various
federal, state and local public
agencies; to the appropriate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office andto
the local news media, individuals and
groups known to be interested and
174 Regular Session, May 15, 2000
believed [o Be appropriate [o receive
such a notice: and
Whereas any and aH comments
received as a result of SUCh notice wilt
De duly considered before proceeding
with a Request for Release of Funds
and Certification.
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to publish a combined Notice of
Finding of No Significant Impact on the
Envirenmem and Notice of Intent [o
Request Release of Funds for the
HOME Investment Partnership
Program eno to make the
=_nvironmental Review Record for said
~roject avsilable for public inspection
and comment until 4:30 p.m. on June
5. 2000. Such notice shall be in the
form of Exhibit 'W' attached hereto and
made a 3art hereof.
Sectio~ 2. That the environmental
review record for the project shall be
placed on file in the Office of the City
Clerk and Housing Services
Department where said record may be
examined and copied by any interestec
party.
Section 3. That the Mayor of the City
of Dubuoue is hereby authorized and
directed to submit to the Iowa
Department of Economic Development
fifteen (15) days after publication of
appropriate notice a Request for
Release of Funds [o undertake the said
project.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
Nal~onal Environmental Protection Act,
insofar as the provisions of the said Act
apply to the iowa Department of
Economic Development responsibilities
for review, decision making, and action
assumed and carded out by the City of
Dubuque as to environmental issues.
Sectior 5. That the Mayor of the
City of Dubuque is hereby authorized to
consent personally, n his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an action is brought
to enforce responsibilities in relation to
environmental review, decision making
and action
Section 6. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
environmental review procedures.
Passed approved and adopted this
15~ day of May. 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
- Buol- moved adopbon of ·the
resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval of an agreement with the Iowa
Deoartment of Transportation to have
Photo Red Light Enforcement
equipment installed in Dubuque,
presented and read. Buol moved that
the communication be received and
filec and approved recommendation.
Seconded by Michsiski. Motion carhed
7-0.
City Manager recommending
appreva of an amended ce Harbor
Parking Agreement to allow
developmem of the River Discovery
Center, presented and read. Buol
moved thai the communication ee
received and filed and recommendation
approved. Seconded by Michalski.
Motion carried 7-0.
City Manager requesting that a work
session be scheduled on June 5, 2000
to discuss the design concepts for 5th
6th and 7th Streets, presented and
'dad. Duel moved that the
communication be received ant filed
and approved request Seconded by
Michalski. Motion carried 7~0.
RESOLUTION NO. 203-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to De
occupied by such aoo[icants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS 'A" CLUB
BEER/LIQUOR LICENSE
Dubuque Golf & Country Club
Dubuoue Golf & Country Club
(Sunday/Outdoor Sales)
1800 Randall PI
CLASS 'C (COMMERCIAL)
BEER/LIQUOR LICENSE
DBQ Inc. Shot Tower Inn+
Regular Session, May 15, 2000
175
(Sunday Sales) 390 Locust
MM & H Silver Dollar Cantina
+(Sunday Sales) 342 Main
Clifford Enterprises Dempsey's/
. - Molly' Pub & Grub ..... 395 W~ 9th
Bevedy Larsen Denny's Lux
Club+(Sunday Sales) 3050 Asbury
Michael/Theresa Kalmes
Kalmes Breaktime Bar & Grill
+(Sunday Sales) 1097 Jackson
Pat Broeesel Comer Tap
+(Sunday Sales) 2093 Washington
SPECIAL CLASS "C" (BW) LIQUOR
Weaver Enterprises Papa Sarducci's
+(Sunday Sales) 1895 JFK Rd
Athenian Grill Inc Athenian Gdll
1091 University
CLASS "B" WINE PERMIT
Beecher Co, inc. Beecher Beverage+
(Sunday Sales) 1691 Asbup/Rd
Passed, approved and adopted this
15th day of May, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Michaiski.
Motion carried 7-0.
RESOLUTION NO. 204-00
Whereas, applications for Beer
Permits have been submitted and tiled
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be author~ed to
cause to be issued the following named
applicants a Beer Perm[L
CLASS "C" BEER PERMIT
Beecher Co. Inc Beecher Beverage+
(Sunday Sales) 1691 Asbup/Rd
McCann's Service,lnc
McCann's Service+(Sunday Sales)
690 W Locust
Mulgrew Oli Co. 16th St Auto/Truck
Ptaza+(Sunday Sales) 1215 E. 16th St
Odental Food & Gift Corp
Uen Oriental Amer. Food+
(Sunday Sales), 115 W. 11th St
Passed~ approved and adopted this
15th dayMay, 2000:
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Michaiski.
Motion carried 7-0.
BOARDS/COMMISSIONS
APPOINTMENTS:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION. One
u nexpired .term which will expire 10-1 -
02. Michaiski moved that Latdcia Lord
be appointed to the unexpired term
which will expire 10-1-02. Seconded
by Robbins. Motion carded 7-0.
HUMAN RIGHTS COMMISSION.
One unexpired term which wlil expire 1-
1-01. Applicants: Judith H. Giesen,
Joseph A. Hopkins. Vote on the
appointment was as follows: Mayor
Duggan voted for Giesen. Markham
voted for Giesen. Michaiski voted for
Giesen. Nichoison voted for Giesen.
Robbins voted for Giesen. BuoJ voted
for Gieesn Cline voted for Giesen
Therefore. Judith H. Giesen appointed
to the unexpired term which will expire
1-1-01.
Michaiski 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
}ublic headng to consider rezoning
property located at 3030 Brunskili
Road from AG Agricultural and
Single Family Residential to ~UD
Planned Unit Development District with
a PO Planned Office District and a PR
Planned Residential District
designation and Communications from
Kenneth Thlil, 3000 Brunskili Road,
Carl and Dianne Engling of 2933
Brunskii] Rd.. and Chds J. Davidsaver,
Pres. of Oak Meadow Community
Assn., objecting to the rezoning,
presented and read. Michaiski moved
that the proofs and communication be
received and filed. Seconded by
Nichoison. Motion carded 7-0.
Ken Buesing, .on behalf of Dave
Pa1:zer, spoke m support of the
rezoning and explaining the
development plans. Planning Director
Laura Carstans presented the Staff's
report. Kathisen Perrin, Helen Thili of
3000 BrunskJlL, Map/ Lou Mulgrew,
Doug Fischer of 3051 Deerwood, Jim
Stock of 3009 Deerwood Cr., Ken Thili
of 3000 Brunsld[I, Jaime Cutler of 2050
Brunsldll and Mike O'Meara of 2844
Oak Meadow Ct. all spoke in opposition
to the proposed development.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
176 Regular Session, May 15, 2000
described property located at 3030
Brunskil[ Road from AG Agricultural
and R-1 Single Family Residenfial to
PUD Planned Unit Development
District with a-PO-Planned Office
Distdct and a PR Planned Residential
District designation and adopting a
Conceptual Development Plan, with
conditions, said Ordinance having been
presented and read at the Council
Meeting of 4-17-00 now presented for
further action. Michalski moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
No vote taken on the tucson.
After discussion, Michalski removed
net motion for adopfion of the
Ordinance and then moved that the
public headng be tabled until 6/5/00
and that Staff work with pe~oner on a
revised PUD with a PR Planned
Residential District designation.
Seconded by Nicholson. Mofion
carried 7-0.
Proofs of Publication on NatJea of
Hearing on Plans and Specs ano
Notice to Bidders on the Receipt of
~3ids for Constructior of the Third
Street Parking Ramp and City Manager
recommending that the Resolution
approving the preliminary plans and
specs be rescinded and that the bid be
rejected presented and read. Buol
moved that the proof and
communication be received and filed
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 205-00
RESOLUTION RESCINDING
RESOLUTION NO. 119-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS FOR
EXPANSION OF THE THIRD STREET
PARKING RAMP
Whereas. an advertisement for bids
for the construction of the Third Street
Ramp was published on April 28, 2000;
Whereas, the City Council deemed it
advisable to reject ali bids received and
rabid the project at a later date with
modifications.
NOW, THEREFORE, E~E IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
The Resolution No. 119-00
Prelimina~ Approval of Plans and
Specifications for the construction of
the Th[rd Street Ramo Da rescinded
and that the saic project be re-bid at a
later date.
Passed, approved and aooptad this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
reaolufion. Seconded by Robbins.
Motion carried 7-0.
Proofs of Publication on Notice of
Hearing on Plans and Specs and
Notice to Bidders on the Receipt of
Bids for Construction of 2000 Aeahali
Paving Project (Fiscal Year 2001), and
City Manager recommending to aware
contract for project, presented and
read. Robbins moved that the proofs
and communications be receivec and
filed. Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO. 206-00
RESOLLITION ADOPTING PLANS
AND SPECIFICATIONS
Whereas on the 12th cay of April,
2000. plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, iowa
for the 2000 Asphalt Paving Project -
FY 2001.
Wheraa.", notice of hearing on plans,
soec[fications, 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 ;lans,
specifications, form of contract and
estimated cost for said improvements
for said pro. mc[.
Passed. adopted and aearoved this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 207-00
AWARDING CONTRACT
Whereas. sealed proposals have
been submitted Dy contractors for the
2000 Asphalt Paving Project- FY 2001
pursuant to Resolution No. 167-00 and
notice to bidders published in s
newseaner published in the City of
Dubuque, Iowa on the 21at day of April,
2000.
Whereas, said sealed proposals
were opened and read on the 9th day
of May 2000, and it has beer,
determined that the bid of River City
Paving (A DMsion of Mathy
Construction) of K~eler. Wisconsin, in
the amount of $325.975.45 was the
Reqular Session, May 15, 2000' 177
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 River City
Paving (A Division of Mathy
Construction) and theNlanager 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
authedzed and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
15th day of May, 2000.
Torrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michsiski.
Motion carded 7-0.
Proofs of Publication on Notice of
Headng on Plans and Specs and
Notice to Bidders on the Receipt of
Bids for Construction of the 2000 P.C.
Concrete Paving Project ~ No. 1, and
City Manager recommending to award
contract for project, presented and
read. Markham moved that the proofs
and communicafion be received and
filed. Seconded by Nichoison. Motion
carried 7-0.
RESOLUTION NO. 208-00
R ES O LAJ~EC~PEID~JJt'~O[~A N S
Whereas; on the 15th day of March,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the 2000 P.C. Concrete Paving
Project - No: 1.
Whereas, notice of heedng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolufion. Seconded by Nichoison.
Motion carded 7-0.
RESOLUTION NO. 209-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractom for the
2000 PC Concrete Paving Project -
No. 1 pbrsuant to Resolution No. 159-
00 and notice to bidders published in a
newspaper published in the C~ of
Dubuque, Iowa on the 21st day of Apdl,
2000.
Whereas, said sealed proposals
were opened and read on the 4th day
of May, 2000, and it has been
determined that the bid of Horsfleld
Construction, Inc. of Epworth, Iowa, in
the amount of $1,015,667.25 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 Horsfieid
Construction, Inc; and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVE'D:
That upon the signing of said
contract and the approval of the
contractors bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
15th day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nichoison.
Motion carded 7-0.
Nicholson moved that the rules be
reinstated limifing discussion to the City
Council Seconded by Robbins.
Motion carded 7-0.
Straetscape Improvements - Main
Street from 5th Street to 9th Street,
tabled at the meeting of 1-17-00.
Correspondence and pe~ons from
citizens, and property and business
owners on Main Street addressing the
issue. Markham moved to remove this
item from the table. CJine seconded.
Vote on the motion was:
Ayes--Duggan, Markham, Robbins.
178 Regular Session, May lS, 2000
Nays---Buol, C[ine, Michalski,
Nicholson. Motion failed. Nicholson
moved to remove this item from the
table for discussion. Seconded by
--Markham. Moiton carded 7-0 .....
Nicholson moved to amend the
motion on the table to receive and file
the communications and direct staff to
hire a consultant to design a concept of
what Main Street would look like open
to compare to presen[ renderings of
Main Street closed and that there be a
worksession with the City Council and
the consultant to discuss the project.
Seconded by Michalski. Carded bythe
follo,Mng vote: Yeas--Buol, Cline,
Michalski, Nicholson. Nays~Duggan,
Markham, Robbins.
City Manager recommending that the
speed limit on Pennsyivania Avenue
from McPoland Street to John F.
Kennedy Road De raised to 30 miles
per hour and communication of Joyce
R. Kirk, 2960 Pennsylvania, m
opposition to increasing th_e speed
limit, presented and read. Michaisk[
moved that the communications De
received and flied. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending the Code cf
Ordinances of the City of Dubuque,
Iowa by revising Subsection (C) of
Section 32-231 thereof providing for
me establishment of speed limits on
Pennsylvania Avenue, presented and
read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 43-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REVISING SUBSECTION (C) OF
SECTION 32-231 THEREOF
PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS
ON PENNSYLVANIA AVENUE
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque
Iowa be amended by adding the
following to Subsectior (cl of Section
32-231 thereof as follows:
"~ [ imlts Generally."
(c)
TWENTY-FIVE (25) MILES PER
HOUR
Pennsylvania Avenue, from
.University Avenue to Hickson Street
THIRTY (30) MILES PER HOUR
- Pennsylvania Avenue, from Hickson .
Street to John.F. Kennedy R.oad
Passed, approved and adopted this
15th day of May, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officiahy in the Telegraph
Herald qewspaper this 22nd day of
May, 2000.
Jeanne F. Schneider, City Clerk
It 5/22
Cline moved to amend the proposed
Ordinance to change the speed limit of
25 mph on Pennsylvania Ave. from
University Ave. to Hickson St. (instead
of McPo[and St.) and 30 mph on
Pennsylvania Avenue from Hickson St.
to J.F. Kennedy Rd. Seconded by
MichalskL Carried by the following
yom: Yeas--Buol Cline. Markham,
Michalski. Nicholson, Robbins.
Nays~Duggan. Michalski moved that
the requirement that a proposed and
amended Ordinance be considered
and voted on for passage az two
Council Meetings pdor to the meeting
a[ which it is to be finally passed be
suspended. Seconded by Nicholson.
Carded Dy the following vote:
Yeas--Buol, Cline, Markham,
Michalski, Nicholson. Robbins.
Nays--Duggan. Michalski moved final
consideration and passage of the
Ordinance, as amended. Seconded by
Nicholson. Carried by the following
vote: Yeas---Buol, Cline. Markham,
Micha[ski, Nicholsor, Robbins.
Nays--Duggan.
Communication frorr William J.
Baum. East Central Intergovernmental
Association, requesting appointment of
a City representative to the Workforce
Investment Board, presented and read.
Markham moved that Council Member
Nicholson's name be submitted to the
Workforce Investment Board.
Seconded by MichalskL Motion carded
7-0.
City Manager recommending that the
July 3, 2000 City Council meeting De
rescheduled to Wednesday, July 5,
2000 due to the Fourth of July holiday,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Markham. Motion carded
7-0.
Reqular Session, May 15, 2000,
179
City Manager submitting documents
providing for construction of the 2000
PC Concrete Paving Project No. 2
(Burden Street and North Burden),
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 210-00
PREUMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUEi IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the 2000 PC
Concrete Paving Project- No. 2
(Burden Street and North Burden), in
the estimated amount of
$1,216,236.65, are hereby approved
and ordered tiled in the office of the
City Clerk for public inspection.
Passed, adopted and approved this
15th day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Micheiski moved adoption of the
Resolution. Seconded by Nicheison.
Motion carried 7-0~
RESOLUTION NO. 211-00
FIXING BATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the 2000 PC Concrete
Paving Project - No. 2 (Burden Street
and North Burden).
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 19th day of June, 2000,
a public hearing will be held at 6:30
p.m. in the Public Library Auditorium at
which time interested pemons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not leas than four days nor more than
twenty days pder to the day fixed for its
consideration. At the headng, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
15th day of May, 2000.
~ -Terrance M. Duggan,,Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalsld moved adoption of the
Resolution. Seconded by Nicheison.
Motion carded 7-0.
RESOLUTION NO. 212-00
RESOLUTION OF NECESSITY
Whereas, proposed plans have been
duly prepared and approved bythe City
Council of the City of Dubuque and are
now on file in the office of City Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount
proposed to be assessed against each
lot and the valuation of each lot as filed
by the City Council, for the 2000 PC
Concrete Paving Project- No. 2
(Burden Street and North Burden).
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
improvements, and unleea property
owners at the time of the final
consideration of this proposed
resolution have on file with the City
Clerk objections to the resolution of
necessity, they shall be deemed to
have waived all objections pertaining to
the regularity of the proceeding and the
legality of using the special
assessment procedure.
Said improvements shall be
constructed and done in accordance
with the plans and specifications which
have been approved by the City
Council and now on file with the City
Clerk. That the cost and expense of
making such improvement will be
assessed partially or totally against
privately owned property lying with the
assessment timits, and in an amount
not to exceed that provided by law, and
m proportion to the special benefits
conferred.
The portion of the cost which shall
be borne by the City Will be paid from
the Local Option Sales Tax Fund, Road
Use Tax Fund, Street Reconstruction
Fund, and special assessment bonds
may be issued in anticipation of
deferred payments of assessments
when a contract has been performed
and accepted, and the proceeds
thereof used to pay the contractor.
180 Regular Session, May 15, 2000
The above resolution was
introduced, approved and ordered
placed on file with the City Clerk this
15th day of May, 2000.
-Approved -and placed on file for final
action.
Torrance M. Duggan, MaYor
Attest:. Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by N[cholson.
Motion carded 7-0.
RESOLUTION NO. 213-00
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City
of Dubuque, Iowa. nas given its
prefiminary approval on the proposed
plans, specifications and form of
contract and placed same on file in the
office of the City Clerk for public
inspection, for the 2000 PC Concrete
Paving Project- No. 2 (Burden Stree[
and North Burden), and,
Whereas. the proposed Resolution
of Necessity for said improvement has
been introduced and is now. on file in
the City Clerk's office for public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 19th day of June, 2000,
a public headng wilt be held at 6:30
o'clock p.m. in the Public Library
Auditorium in the C.;r[y of Dubuque a[
which time the ownem of property
subject to assessment for the 3raposed
improvement or any other person
having an interest in the matter may
appear and be heard for or against the
making of the ~mprovement, the
boundaries of the district, the cost, the
assessment against any [ct. or the final
aooption of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed to cause a
notice of time an~: place of such
hesdng to be published in a newspaper
having general circulation in the City of
Dubuque Iowa. which notice shall be
published once each week for two
consecutive weeks, the first publication
of which shall be not less than ten days
pnor to the day fixed for its
consideration. Unless propert? owners
at the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
Resolution of NecesSity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
15th day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 214~)0
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE BE IT
RESOLVED 'BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the attached sheets. 1 to 4
inclusive, are hereby determined to be
the schedule of proposed assessments
for the-2000 PC Concrete Paving
Project - No. 2 (Burden Street and
North Burden) and the valuations set
out herein are hereby approved.
Passed, approved and adopted this
15th day of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adootion of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
C[~ Manager submitting documents
providing for construction of the 2000
Curb Ramp Installation :~roject,
presented and read. Robbins moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 215-00
PREUMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the proposec plans,
specifications, form of con[racz anc
estimated cost for the 2000 Curb Ramp
installation - CDBG Project, in the
estimated amount of $58,696.00 are
hereby approved and ordered filed in
the office of the Cit3, Clerk for public
inspection.
Passed, adopted and approved this
15th day of May, 2000.
Terrance M. Duggan. Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 216-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuaue, owa has g~ven its
preliminary approval on the proposed
plans, specifications, and form of
Reqular Session, May 15, 2000
181
contract and placed same on file in the
office of the City Clerk for public
inspection of the 2000 Curb Ramp
Installation - CDBG Project.
- NOW -THEREFORE, . -BE. -- iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,.IOWA:
That on the 19th day of June, 2000,
a public headng will be held at 6:30
p.m. in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
pmposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to :cause a
notice of time and place of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the headng, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
15th day of May, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F~ Schneider, City Clerk
Robbins moved adoption of the
reno{utica. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 217-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 2000 Curb Ramp
Installation -CDBG Project is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general cimulation in the City of
Dubuque, lowa~ 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 1st day of
June, 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 19th day of
June, 2000.
Passed, adopted and approved this
15th day of May, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
.. Robbies. moved adoption: of the
resolution. Seconded by Nicho[son.
Motion carded 7-0.
City Manager recommending an
ingress/egress easement to Giese
Company and to set a public hearing
on the disposal of the City's interest in
the property, presented and read.
Michaiski moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 218-00
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN REAL
PROPERTY BY GRANTING AN
INGRESS/EGRESS EASEMENT TO A
CERTAIN PROPERTY OWNER
ADJACENT TO THE NORTH END
NEIGHBORHOOD BIKE/HIKE TRAIL
FROM 22ND STREET TO 32ND
STREET, IN THE CITY OF DUBUQUE,
IOWA.
Whereas, the Gib/of Dubuque, iowa
has negotiated an ingraes/egress
easement With Gisse Company
adjacent to the North End
Neighborhood Bike/Hike Trail from
22nd Street to 32nd Street, along the
abandoned railroad fight-of-way owned
by the City of Dubuque, Iowa, all in the
City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe City of Dubuque
intends to dispose of an interest of the
City of Dubuque, Dubuque County,
lows, in real property by granting a 12-
foot by 35~foot ingress/egress
easement over and across par[ of the
abandoned railrcad fight-of-way from
28th Street to 29th Street between Lots
131 & 136, in Glendale Addition No. 2
to Giese Company, 2820 Elm Street.
Section 2. That the City Clerk Mayor
be and is hereby authored and
directed to cause notice to be
published as prescribed under Section
364.7 of the Code of Iowa.
Passed, approved and adcptad this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Micheiski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
152 Regular Session, May 15, 2000
Request of John Herdg and Gerald
and Judith Siegert to rezone 223 acres
of properly between English Mill Road
ano Highway 20 in conjunction with
-annexatior., presented and read. Buol
moveo that the communication be
received and filed. Seconded by
~icholson. Mofion carded 7-0.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
redaesitying hereinafter descfibed
proper~y located at 11515 English Mill
Road from Dubuque County A-1
Agricultural District to CH of Dubuque
0-3 General Commercia! District. R-3
Moderate Density Mud-Family
Residential District and R-1 Single-
Famiiy Residential District. with
cond~ons, concurrent with annexatior.,
presented and read. Buol moved that
the requirement that a proposed
Ordinance be considered and voted on
for passage at two Council Meetings
prior to the meeting at which it is to be
finaliy passed be suspended an(~
further moved that a Public Heaitng be
he~d on the proposed Ordinance on the
5th day of June, 2000 at 6:30 P.M. in
the Public Librery Auditorium and that
the C'~y Clerk publish notice in the
manner prescribed by law. Seconded
by Nicbelson. Motion carded 7-0.
~y Manager recommending
approval of a request from Gerald and
Judith Siegen to annex land east of the
Lan~li between Highway 20 and
English Mill Road and that a public
headng be held on June 5. 2000, and
providing [or a Resolution Annexing
Certain Property, presented and teac.
Buol moved tbet the communication be
received and filed and resolved to set
for Public Headng on 6-5-00 at 6:30
P.M in the Public Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by law.
Seconded by Nicholson. Motion
carried 7-0.
Request to rezone property located
on East 12th Street from POS Public
Open Space District to MHI Modified
Heavy Industrial District, presented and
read Buoi moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded
An Ordinance Amending Appendix
A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclaesifying hereinafter described
property located north of East 12th
Street and east of Highway 61/151
from POS Public Open Space to
ModBed Heavy Industrial 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 meeting at which it is to be
finally passed be suspended and
moved that a Public Hearing be held on
the proposed Ordinance on the 19th
day of June, 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
Nicbelson. Motion carried 7-0.
City Manager recommending that a
public headng be set for June 5, 2000
to consider a leese to the Dubuque
County Historical Society for the
Amedca' River Museum, presented and
read. Robbins moved that the
communication be received and filed~
Seconded by Nicbelson. Motion
carded 7-0.
RESOLUTION NO. 219-00
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN REAL
PROPERTY BY LEASE WITH THE
DUBUQUE COUNTY HISTORICAL
SOCIETY
WHEREAS, the City of Dubuque,
iowa (City) is the owner of the real
property described in Exhibit A
attached hereto (the Property);
AND WHEREAS, the Dubuque
County Historical Society (DCHS)
desires to lease the Property for the
construcfion and operation of a
museum upon the terms set forth in a
Lease now on file in the Office of the
City Clerk at City Hall, Dubuque, Iowa,
which Lease provides among other
things for a term of fifty years;
AND WHEREAS, the City Council
has tentafiveiy determined that it would
be in the best interests of the City to
enter into the Lease with DCHS.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque
intends to dispose of its interest in the
foreg0ing-descdbed real Property by
Lease between City and DCHS.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be published
as prescribed by Iowa Code Section
364:7 of a public hearing on the City's
intent to dispose of the foregoing-
described real property, to be held on
Reqular Session, May 15, 2000
183
the 5~ day of June, 2000, at 7:00
o'clock p.m. at the public library
auditorium, 11th & Locust, Dubuque,
Passed, approved and adopted this
15th day of May, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholsen.
Motion carded 7-0.
Raymond Tayler of 17464 Gondola
Dr. spoke regarding urban renewal and
TIF districts. Rhodes J. (Bud) Isenhart
spoke questioning the Fifth St. Ramp
bidding and. contract awarding
procedure.
There being no further business,
Robbins moved to adjourn. Seconded
by Markham. Motion carried 7-0. The
meeting adjourned at 8:30 P.M:
/s/Jeanne F. Schneider,
City Clerk
Council Members
~' Clerk_
184 Special Session, May 18, 2000
DUBUQUE
-CITY-COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session, May
18, 2000
Council met in Specie Session az
4:00 3.M. in Conference Room B ar
City Hal~
Present Mayor Duggan, Council
Members Cline, Markham, qicholson
Robbins, C~ Manager Michael Van
Milligen, Corporation Counsel Barry
Lindahl
Absent Council Members BuoL
Michalski
Mayor Duggan reaa [ne call and
stated this is a special session of the
City Council called for the purpose of
acting upon the sale of' Genera]
Obi[ga'don Bonds. Series 2000B.
Larry Berger of Speer Financial
spoke zo the Cf[y's sound financial
status.
RESOLUTION NO. 220-00
RESOLUTION DIRECTING SALE OF
$2,750,000 GENERAL OBLIGATION
BONDS, SERIES 2000B
Whereas, pursuant to notice as
required by law, bids nave been
received at public sale for the Bonos
described as follows and the best bid
received is determined to Be the
following:
$2.750 000 GENERAL OBLIGATION
BONDS. SERIES 2000B:
Bidder: Griffin. Kubik, Stephens &
Thompson, Inc. of Chicago, Illinois
the terms of said bid being:
Purchase Price: $2,722 500.00
Net Interest Rate: 5.8896%
Net Interest Cost: $2.028.975.20
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the bid for the Bonds
as above set out is hereby determined
to be the best and most favorable bid
received and, said Bonds are hereby
awarded based on said bid.
Section 2. That the statement of
information for bond bidders and the
form of contract for the sale of said
Bonds are hereby approved and the
Mayor and Clerk are authorized to
execute the same on behalf of the City
Section 3. That the notice ~f the sale
of the Bonds heretofore given and al
acts of the Clerk done in furtherance of
the sale of said Bonds are hereby
ratified and approved.
Passed and approved, [his 18th day
of May, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneioer, City Clerk
Markham moved adoption of the
Resolution. Seconded Dy Nicholson.
Motior carried 5-0.
There being no further business,
Robbins moved to adjourn. Seconded
ay Markham. ~,lotion carried 7-0.
The meeting adjourned at 4:28 P.M.
/s/Jeanne F. Schneider
,2000
2000
CounciIMemBers
Clerk