2000 June Council ProceedingsRegular Session, June 5, 2000 185
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June
5, 2000
Council met in Regular Session at
6:30 P.M., Monday, June 5, 2000 in the
Public Library Auditorium
Present Mayor Duggan, Council
Members Buol, Cline, Markham,
Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is the regular session of the
City Council called for the purpose of
acting upon such business which may
properly come before the City Council.
The invocation was given by Father
Jim Dubert, Associate Pastor of
Nativity Catholic Church and Chaplain
of Stonehiil Care Center,
PROCLAMATIONS;
Homeownership Week (June 3-10,
2000) received by Jim Lansing; Dollars
Against DiabetesDay(June 10, 2000);
Rising. Stars/Independent League Days
(June 10-11, 2000).
Minutes Submitted: Cable TV
Regulatory Commission of 5/17; Cable
Community Teleprogramming
Commission of 5/9; Civil Service
Commission of 5/3; Five Flags
Commission of 320; Historic
Preservation Commission of 5/4;
Human Rights Commission of 4/10;
Park and Recreation Commission of
5/9; Transit Board of 32; and Proof of
Publication of Council Proceedings of
5/1/00, presented and read. Buol
moved that the minutes and proof be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Claims/Suits; Thomas Buelow in
estimated amount of $137.18 for
property damage; Linda M. Federonich
in undetermined amount for personal
injuries; Jonathan S. Meyers in
estimated amount of $562.65 for
vehicle damage; Rhonda Switzer in
estimated amount of $335.25 for
vehicle damage, presented and read.
Buol moved that the claims and suits
be referred to the Legal Dept for
investigation and report Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel advising the
following claim has been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Allen Mohr for vehicle
damage, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel recommending
settlement of the vehicle damage claim
of Mark W. Becker in the amount of
$445.84, presented and read. Buol
moved that the communication be
received and filed and approved
recommendation and Finance Director
to issue check. Seconded by Robbins.
Motion carried 7-0.
Corporation Counsel recommending
denial of the towing expense
reimbursement claim of Michael L.
Hansen, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Communications from Tara Winger,
1145 Cleveland Avenue, Dubuque, IA,
presented and read.- Buol moved that
the communications be received and
filed. Seconded by Robbins. Motion
carried 7-0.
Communication of David W. Leifker,
Dubuque County Conservation Society,
in opposition to the City's proposal to
relocate barge fleeting to City Island
and communication of Gary Newt,
Newt Marine Service, regarding barge
fleeting on City Island, presented and
read. Buol moved that this be referred
to the City Manager. Seconded by
Robbins. Motion carried 7-0.
Communication of Mark Laird and
Wayne Reicher to vacate an alley
running westerly off South Algona
Street, presented and read. Buol
moved that the communication be
referred to the City Manager.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending
approval of a request from the
Dubuque Racing Association to amend
the 2000 DRA CIP Schedule to allow
for the purchase of a hot water heater
($11,690.13) and external defibrillator
186 Regular Session, June 5, 2000
($6,500), presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending the
issuance of $2,750,000 General
Obligation Bonds, Series 20008,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 221-00
RESOLUTION APPOINTING WELLS
FARGO BANK IOWA, NATIONAL
ASSOCIATION OF DES MOINES,
IOWA, TO SERVE AS PAYING
AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING
THE PAYING AGENT AND BOND
REGISTRAR AND TRANSFER
AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, pursuant to the provisions
of Chapter 75 of the Code of Iowa,
$2,750,000 General Obligation Bonds,
Series 20006, dated June 1, 2000,
have been sold at public sale and
action should now be taken to provide
for the maintenance of records,
registration of certificates and payment
of principal and interest in connection
with the issuance of bonds; and
Whereas, this Council has deemed
that the services offered by Wells
Fargo Bank Iowa, National Association
of Des Moines, Iowa, are necessary for
compliance with rules, regulations, and
requirements governing the
registration, transfer and payment of
registered Bonds; and
Whereas, a Paying Agent, Bond
Registrar and Transfer Agent
Agreement (hereafter "Agreement")
has been prepared to be entered into
between the City and Wells Fargo
Bank Iowa, National Association.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA
Section 1. That Wells Fargo Bank
Iowa, National Association of Des
Moines, Iowa, is hereby appointed to
serve as Paying Agent, Bond Registrar
and Transfer Agent in connection with
the issuance of $2,750,000 General
Obligation Bonds, Series 20008, dated
June 1, 2000.
Section 2. That the Agreement with
Wells Fargo Bank Iowa, Nationale
Association of Des Moines, Iowa, is
hereby approved and that the Mayor
and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed and approved this 5th day of
June, 2000.
Terrance M. Duggan,Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION. NO. 222-00
RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF
$2,750,000 GENERAL OBLIGATION
BONDS, SERIES 20008, AND
LEVYING A TAX TO PAY SAID
BONDS
WHEREAS, the Issuer is duly
incorporated, organized and exists
under and by virtue of the laws and
Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of
fundsto 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 Fifth and Sixth
Streets, an essential corporate
purpose, and it is deemed necessary
and advisable that General Obligation
Bonds in the amount of $2,750,000 be
issued for said purpose; and
WHEREAS; pursuant to notice
published as required by Section
384.25 of said Code, this Council has
held a public meeting and hearing upon
the proposal to institute proceedings for
the issuance of said Bonds, and the
Council is therefore now authorized to
proceed with the issuance of said
Bonds; and
WHEREAS, pursuant to the
provisions of Chapter 75 of the Code of
Iowa, the above mentioned bonds were
heretofore sold at public sale and
action should now be taken to issue
said bonds conforming to the terms
and conditions of the best bid received
at the advertised public sale:
NOW, THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE. CITY OF DUBUQUE, IOWA:
Section 1. Definitions. The following
terms shall have the following
meanings in this. Resolution unless the
text expressly orby necessary
implication requires otherwise:
Regular Session, June 5, 2000
187
+ "Beneficial Owner' shall mean,
whenever used with respect to a Bond,
the person in whose name such Bond
is recorded as the beneficial owner of
such Bond by a Participant on the
records of such Participant or such
person's subrogee.
+ "Bonds" shall mean $2,750,000
General Obligation Bonds, Series
2000B, authorized to be issued by this
Resolution.
+ "Cede & Co." shall mean Cede &
Co., the nominee of DTC, and any
successor nominee of DTC with
respect to the Bonds.
+ "Continuing. Disclosure Certificate"
shall mean that certain Continuing
Disclosure Certificate executed by the
Issuer and dated the date of issuance
and delivery of the Bonds, as originally
executed and as it may beamended
from time to time in accordance with
the terms thereof.
+ "DTC" shall mean The Depository
Trust Company, a New York
corporation, New York, New York.
+ "Issuer" and "City' shall mean the
City of Dubuque, Iowa.
+ "Participants" shall mean those
broker-dealers, banks and other
financial institutions for which DTC
holds Bonds as securities depository.
+ "Paying Agent" shallmean Welts
Fargo Bank Iowa, National Association,
or such successor as may be approved
by Issuer as provided herein and who
shall cavy out the duties prescribed
herein as Issuer's agent to provide for
the payment of principal of and interest
on the Bonds as the same shall
become due.
+ "Project Fund" shall mean the fund
required to be established by this
Resolution for the deposit of the
proceeds of the Bonds.
+ "Rebate Fund" shall mean the
fund so defined in and established
pursuant to the Tax Exemption
Certificate,
+ "Registrar' shall mean Wells
Fargo Bank Iowa, National Association
of Des Moines, Iowa, or such
successor as may be approved by
Issuer as provided herein and who
shall carry out the duties prescribed
herein with respect to maintaining a
register of the owners of the Bonds.
Unless otherwise specified, the
Registrar shall also act as Transfer
Agent for the Bonds.
+ "Representation Letter' shall mean
the Blanket Issuer Letter of
Representations from the Issuer to
DTC with respect to the Bonds.
+ 'Tax Exemption Certificate" shall
mean the Tax Exemption Certificate
executed by the Treasurer and
delivered at the time of issuance and
delivery of the Bonds.
+ "Treasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and
responsibilities with respect to the
recording andpayment of the Bonds
issued hereunder.
Section Z Lew and Certification of
Annual Tar Other Funds to he 1Iserj
(a) JewofAnnual Tax . That for the
purpose of providing funds to pay the
principal and interest of the Bonds
hereinafter authorized to be issued,
there is hereby levied for each future
year the following direct annual tax on
all of the taxable property in Dubuque,
Iowa, to -wit
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION:
$409,338 2001/2002
$249,449 - 2002/2003
$243,839 20032004
$243,429 2004/2005
$242,629 2005/2006
$246,539 20062007
$244,869 2007/2008
$242,909 20082009
$240,659 2009/2010
$243,119 2010/2011
$239,999 2011/2012
$241,589 2012/2013
$237,599 2013/2014
$238,319 2014/2015
$238,459 2015/2016
$238,019 20162017
$236,999 20172018
$235,399 20182019
$238,219 2019/2020
(NOTE: For example the levy to be
made and certified against the taxable
valuations of January 1, 2000, will be
collected during the fiscal year
commencing July 1, 2001).
(b) Resolutionto be Filed With
County Auditor. A certified copy of this
Resolution should be filed with the
County Auditor of Dubuque County,
Iowa, and said Auditor is hereby
instructed in and for each of the years
as provided, to levy and assess the tax
hereby authorized in Section 2 of this
Resolution, in like manner as other
taxes are levied and assessed, and
such taxes so levied in and for each of
the years aforesaid be collected in like
manner as other taxes of the City are
collected, and when collected be used
for the purpose of paying principal and
interest on said Bonds issued in
anticipation of said tax, and for no other
purpose whatsoever.
188 Regular Session, June 5,2000
(c) Additional City Funds Available.
Principaland interest corning due at
any time whenthe proceeds of said tax
on hand shall be insufficient to pay the
same shall be promptly paid when due
from current funds of the City available
for that purpose and reimbursement
shall be made from such special fund
in the amounts thus advanced.
Section 3. Bond Fund Said tax
shall be collected each year at the
same time and in the same manner as,
and in addition to, all other taxes in and
for the City, and when collected they
shall be converted into a special fund
within the Debt Service Fund to be
known as the "GENERAL
OBLIGATION BOND FUND 2000 NO.
ONE" (the "Bond Fund"), which is
hereby pledged for and shall be used
only for the payment of the principal of
and interest on the Bonds hereinafter
authorized to be issued; and also there
shall be apportioned to said fund its
proportion of taxes received by the City
from railway, express, telephone and
telegraph companies and other taxes
assessed by the Iowa State
Department of Revenue.
Section 4. Application of Bond
Proceeds Proceeds of the Bonds
other than accrued interest except as
may be provided below shall be
credited to the Project Fund and
expended therefrom for the purposes
of issuance. Any amounts on hand in
the Project Fund shall be available for
the payment of the principalof or
interest on the Bonds at any time that
other funds shall be insufficient to the
purpose, in which event such funds
shall be repaid to the Project Fund at
the earliest opportunity. Any balance
on hand in the Project Fund and not
immediately required for its purposes
may be invested not inconsistent with
limitations provided by law or this
Resolution. Accrued interest. if any,
shall be deposited in the Bond Fund.
Section 5. Investments of Bond
Fund Proceeds. All moneys held in the
Bond Fund, provided for by Section 3
of this Resolution shall be invested in
investments permitted by Chapter 128,
Code of Iowa, 1999 (formerly: Chapter
452, Code of Iowa, as amended) or
deposited in financial institutions which
are members of the Federal Deposit
Insurance Corporation and the deposits
in which are insured thereby and all
such deposits exceedingthemaximum
amount insured from time to time by
FDIC or its equivalent successor in any
one financial institution shall be
continuously secured in .compliance.
with the State Sinking Fund provided
under Chapter 12C of the Code of
Iowa, 1999, as amended or otherwise
by a valid pledge of direct obligations of
the United States Government having
an equivalent market value. Allsuch
interim investments shall mature before
the date on which the moneys are
required for payment of principal of or
interest on the Bonds as herein
provided.
Section 6. Bond Details Fxecution
and Redemption.
(a) Bond Details. General Obligation
Bonds of the City in the amount of
$2,750,000, shall be issued pursuant to
the provisions of Sections 38424 and
384.25 of the City Code of Iowa for the
aforesaid purpose. The Bonds shall be
designated "GENERAL OBLIGATION
BOND, SERIES 2000B", be dated June
1, 2000, and bear interest from the
date thereof, until payment thereof, at
the office of the Paying Agent, said
interest payable on December 1, 2000,
and semiannually thereafter on the 1st
day of June and December in each
year until maturity at the rates
hereinafter provided.
The Bonds shall be executed by the
manual signature of the Mayor and
attested by the manual signature of the
Clerk, and impressed with the seal of
the City and shall be fully registered as
to both principal and interest as
provided in this Resolution; principal,
interest and premium, if any, shall be
payable at the office of the Paying
Agent by mailing of a check to the
registered owner of the Bond. The
Bonds shall be in the denomination of
$5,000 or multiples thereof The Bonds
shall mature and bear interest as
follows:
Interest Principal Maturity
Rate Amount June 1st
5.800% $ 90,000 2002
5.800 95,000 2003
5.800 95,000 2004
5.800 100,000 2005
5.800 105,000 2006
5.800 115,000 2007
5.800 120,000 2008
5.800 125,000 2009
5.800 130,000 2010
5.800 140,000. 2011
5.800 145,000 2012
5.800 155,000. 2013.
5.800 160,000 2014
5.800 170,000 2015
5.800 180,000 2016
5.800 190,000 2017
5.800 200,000 2018
5.800 210,000 2019
5.875 225,000 2020
Regular Session; June 5, htd 189
(b) Redemption. Bonds maturing
after June 1, 2009, may be called for
redemption by the Issuer and paid
before maturity on said date or any
date thereafter, from any funds
regardless of source, in whole or from
time to time in part, in any order of
maturity and within an annual maturity
by lot The terms of redemption shall
be par, plus accrued interest to date of
call
Thirty days' notice of redemption
shall be given by first class mail to the
registered owner of the Bond. Failure
to give such notice by mail to any
registered owner of the Bonds or any
defect therein shall not affect the
validity of any proceedings for the
redemption of the Bonds. All Bonds or
portions thereof called for redemption
will cease to bear interest after the
specified redemption date, provided
funds for their redemption are on
deposit at the place of payment
if selection by lot within a maturity is
required, the Registrar shall designate
the Bonds to be redeemed by random
selection of the names of the registered
owners of the entire annual maturity
until the total amount of Bonds to be
called has been reached.
Section 71, DTC - Registration. All
of the Bonds shall be registered in the
name of Cede & Co., as nominee for
DTC. Payment of semiannual interest
for any Bond registered in the name of
Cede & Co. shall be made by wire
transfer or New York Clearing House or
equivalent next day funds to the
account of Cede & Co. on the interest
payment date for the Bonds at the
address indicated in or pursuant to the
Representation Letter.
Section 7.2, The Bonds shall be
initially issued in the form of separate
single authenticated fully registered
bonds in the amount of each separate
stated maturity of the Bonds. Upon
initial issuance, the ownership of such
Bonds shall be registered in the
registry books kept by the Paying
Agent and Registrar in the name of
Cede & Co„ as nominee of DTC; The
Paying Agent and Registrar and the
Issuer may treat DTC (or its nominee)
as the sole and exclusive owner of the
Bonds registered in its name for the
purposes of payment of the principal or
redemption price of or interest on the
Bonds, selecting the Bonds or portions
thereof to be redeemed, giving any
notice permitted or required to be given
to registered owners of Bonds under
the Resolution of the Issuer, registering
the transfer of Bonds, obtaining any
consent or other action to be taken by
registered owners of the Bonds and for
all other purposes whatsoever, and
neither the Paying Agent and Registrar
nor the Issuer shall be affected by any
notice to the contrary. Neither the
Paying Agent and Registrar nor the
Issuer shall have any responsibility or
obligation to any Participant, any
person claiming a beneficial ownership.
interest in the Bonds under or through
DTC or any Participant, or any other
person which is not shown on the
registration books of the Paying Agent
and Registrar as being a registered
owner of any Bonds, with respect to the
accuracy of any records maintained by
DTC or any Participant with respect to
the payment by DTC or any Participant
of any amount in respect of the
principal or redemption price of or
interest on the Bonds, wtth respect to
any notice which is permitted or
required to be given to owners of
Bonds under the Resolution, with
respect to the selection by DTC or any
Participant of any person to receive
payment in the event of a partial
redemption of the Bonds, or with
respect to any consent given or other
action taken by DTC as registered
owner of the Bonds. The Paying Agent
and Registrar shall pay all principal of
and premium, if any, and interest on
the Bonds only to Cede & Co. in
accordance with the Representation
Letter, and all such payments shall be
valid and effective to fully satisfy and
discharge the Issuers obligations with
respect to the principal of and
premium, if any, and interest on the
Bonds to the extent of the sum or sums
so paid. No person other than DTC
shall receive an authenticated Bond for
each separate stated maturity
evidencing the obligation of the Issuer
to make payments of principal of and
premium, if any, and interest Upon
delivery by DTC to the Paying Agent
and Registrar of written notice to the
effect that DTC has determined to
substitute a new nominee in place of
Cede & Co., the Bonds will be
transferable to such new nominee in
accordance with Section 7.7 hereof.
Section 7.3. In the event the Issuer
determines that itis in the best interest
of the Beneficial Owners that they be
able to obtain Bond certificates, the
Issuer may notify DTC and the Paying
Agent and Registrar, whereupon DTC
will notify the Participants, of the
availability through DTC of Bond
certificates. In such event, the Bonds
will be transferable in accordance with
190 Regular Session, June 5, 2000
Section 7.7 hereof. DTC may
determine to discontinue providing its
services with respect to the Bonds at
any time by giving notice to the Issuer
and the Paying Agent and Registrar
and discharging its responsibilities with
respect thereto under applicable law.
In such event the Bonds will be
transferable in accordance with Section
7.7 hereof.
Section 7.4. Notwithstanding any
other provision of the Resolution to the
contrary, so long as any Bond is
registered in the name of Cede & Co.,
as nominee of DTC, all payments with
respect to the principal of and
premium, if any, and interest on such
Bond and all notices with respect to
such Bond shall be made and given,
respectively to DTC as provided in the
Representation letter.
Section 7.5. In connection with any
notice or other communication to be
provided to Bondholders by the. Issuer
or the Paying Agent and Registrar with
respect to any consent or other action
to be taken by Bondholders, the Issuer
or the Paying Agent and Registrar, as
the case may be, shall establish a
record date for such consent or other
action and give DTC notice of such
record date not less than 15 calendar
days in advance of such record date to
the extent possible. Notice to DTC
shall be given only when DTC is the
sole Bondholder.
Section 7.6. The execution and
delivery of the Blanket Issuer Letter of
Representations to DTC by the Issuer,
in the form previously approved, is
hereby ratified and confirmed. The
Blanket Issuer Letter of
Representations shall set forth certain
matters with respect to, among other
things, notices, consents and approvals
by Bondholders and payments on the
Bonds.
Section 7.7. In the event that any
transfer or exchange of the Bonds is
permitted under Section 7.2 or 7.3
hereof, such transfer or exchange shall
beaccomplished upon receipt by the
Registrar from the registered owners
thereof of the Bonds to be transferred
or exchanged and appropriate
instruments of transfer to the permitted
transferee. In the event Bond
certificates are issued to holders other
than Cede & Co., its successor as
nominee for DTC as holder of all the
Bonds, or other securities depository
as holder of all the Bonds, the
provisions of the Resolution shall also
apply to, among other things, the
printing of such certificates and the
method of payment of principal of and
interest on such certificates.
Section 7.8. The officers of the
Issuer are hereby authorized and
directed to prepare and furnish to said
purchaser, and to the attorneys
approving the legality of said Bonds,
certified copies of such proceedings,
ordinances, resolutions and records
and all such certificates and affidavits
and other instruments as may be
required to evidence the legality and
marketability of said bonds, and all
certified copies, certificates, affidavits
and other instruments so furnished,
including any heretofore furnished,
shall constitute representations of the
Issuer as to the correctness of all facts
stated or recited therein.
Section 8. Registration of Bonds'
Appointment of Registrar Transfer
Ownership; Delivery; and Cancellation.
(a) Registration. The ownership of
Bonds may be transferred only by the
making of an entry upon the books kept
for the registration and transfer of
ownership of the Bonds, and in no
other way. Wells Fargo Bank Iowa,
National Association is hereby
appointed as Bond Registrar under the
terms of this Resolution and under the
provisions of a separate agreement
with the Issuer filed herewith which is
made a part hereof by this reference.
Registrar shall maintain the books of
the Issuer for the registration of
ownership of the Bonds for the
payment of principal of and interest on
the Bonds as provided in this
Resolution. All Bonds shall be
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 384.31 of the Code of Iowa,
subject to the provisions for registration
and transfer contained in the Bonds
and in this Resolution.
(b) Transfer The ownership of any
Bond may be transferred only upon the
Registration Books kept for the
registration and transfer of Bonds and
only upon surrender thereof at the
office of the Registrar together with an
assignment duly executed by the
holder or his duly authorized attorney in
fact in such form as shall be
satisfactoryto the Registrar, along with
the address and social security number
or federal employer identification
numberof such transferee (or, if
registration is to be made in the name
of multiple individuals, of all such
transferees). In the event that the
address of the registered owner of a
Bond (other than a registered owner
which is the nominee of the broker or
Regular Session, June 5, 2000 191
dealer in question) is that of a broker or
dealer, there must be disclosed on the
Registration Books the information
pertaining to the registered owner
required above. Upon the transfer of
any such Bond, a new fully registered
Bond, of any denomination or
denominations permitted by this
Resolution in aggregate principal
amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Bond, and
bearing interest at the same rate and
maturing on the same date or dates
shall be delivered by the Registrar.
(c) Registration of Transferred
Bonds. In all cases of the transfer of
the Bonds, the Registrar shall register,
at the earliest practicable time, on the
Registration Books, the Bonds, in
accordance with the provisions of this
Resolution.
(d) Ownershin. As to any Bond, the
person in whose name the ownership
of the same shall be registered on the
Registration Books of the Registrar
shall be deemed and regarded as the
absolute owner thereof for all
purposes, and payment of or on
account of the principal of any such
Bonds and the premium, if any, and
interest thereon shall be made only to
or upon the order of the registered
owner thereof or his legal
representative. All such payments
shall bevalid and effectual to satisfy
and discharge the liability upon such
Bond, including the interest thereon, to
the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which
have been redeemed shall not be
reissued but shall be cancelled by the
Registrar, All Bonds which are
cancelled by the Registrar shall be
destroyed and a certificate of the
destruction thereof shall be furnished
promptly to the Issuer, provided that if
the Issuer shall so direct, the Registrar
shall forward the cancelled Bonds to
the Issuer,
(f) Non -Presentment of Bonds. In
the event any payment check
representing payment of principal of or
interest on the Bonds is returned to the
Paying Agent or if any bond is not
presented for payment of principal at
the maturity or redemption date, if
funds sufficient to pay such principal of
or interest on Bonds shall have been
made available to the Paying Agent for
the benefit of the owner thereof, all
liability of the Issuer to the owner
thereof for such interest or payment of
such Bonds shall forthwith cease,
terminate and be completely
discharged, and thereupon it shall be
the duty of the Paying Agent to hold
such funds, without liability for interest
thereon, for the benefit of the owner of
such Bonds whoshall thereafter be
restricted exclusively to such funds for
any claim of whatever nature on his
part under this Resolution or on, or with
respect to, such interest or Bonds. The
Paying Agents obligation to hold such
funds shall continue for a period equal
to two years and six months following
the date on which such interest or
principal became due, whether at
maturity, or at the date fixed for
redemption thereof, or otherwise, at
which time the Paying Agent, shall
surrender any remaining funds so held
to the Issuer, whereupon any claim
under this Resolution by the Owners of
such interest or Bonds of whatever
nature shall be made upon the Issuer.
(g) Registration and Transfer Fees
The Registrar may furnish to each
owner, at the Issuer's expense, one
bond for each annual maturity. The
Registrar shall furnish additional bonds
in lesser denominations (but not less
than the minimum denomination) to an
owner who so requests.
Section 9 Reissuance of Mutilated
Destroyed, Stolen or Lost Bonds. In
case any outstanding Bond shall
become mutilated or be destroyed,
stolen or lost, the Issuer shall at the
request of Registrar authenticate and
deliver a new Bond of like tenor and
amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange
and substitution for such mutilated
Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and
substitution for the Bond destroyed,
stolen or lost, upon filing with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been destroyed, stolen or lost and
proof of ownership thereof, and upon
furnishing the Registrar and Issuer with
satisfactory indemnity and complying
with such other reasonable regulations
as the Issuer or its agent may prescribe
and paying such expenses as the
Issuer may incur in connection
therewith.
Section 10. Record Date.
Payments of principal and interest,
otherwise than upon full redemption,
made in respect of any Bond, shall be
made to the registered holder thereof
or to their designated agent as the •
same appear on the books of the
Registrar on the 15th day preceding
the payment date. Alt such payments
shall fully discharge the obligations of
192 Regular Session, June 5, 2000
the Issuer in respect of such Bonds to
the extent of the payments so made.
Payment of principal shall only be
made upon surrender of the Bond to
the Paying Agent.
Section 11. Execution,
Authentication and Delivery of the
Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall
execute and deliver the Bonds to the
Registrar, who shall authenticate the
Bonds and deliver the same to or upon
order of the Purchaser. No Bond shall
bevalid or obligatory for any purpose
or shall be entitled to any right or
benefit hereunder unless the Registrar
shall duly endorse and execute on
such Bond - a Certificate of
Authentication substantially in the form
of the Certificate herein set forth. Such
Certificate upon any Bond executed on
behalf of the Issuer shall be conclusive
evidence that the Bond so
authenticated has been duly issued
under this Resolution and that the
holder thereof is entitled to the benefits
of this Resolution.
No Bonds shall be authenticated and
delivered by the Registrar unless and
until there shall have been provided the
following:
1. A certified copy of the Resolution
of Issuer authorizing the issuance of
the Bonds;
2. A written order of Issuer signed
by the Treasurer of the Issuer directing
the authentication and delivery of the
Bonds to or upon the order of the
Purchaser upon payment of the
purchase price as set forth therein;
3. The approving opinion of Ahlers,
Cooney, Dorweiler, Haynie,. Smith &
Allbee, P.C.; Bond Counsel,
concerning the validity and legality of
all. the Bonds proposed to be issued.
Section 12. Right to Name
Substfute Paving Ment or Registrar.
Issuer reserves the right to name a
substitute, successor Registrar or
Paying Agent upon giving prompt
written notice to each registered
bondholder.
Section 13. Form of Bond. Bonds
shall be printed in substantial
compliance with standards proposed
by the American Standards Institute
substantially in the form as follows:
(6)
(7)
(6)
(8)
(1)
(2)
(3)
(4)
(5
(9)
(9a)
(10)
(Continued on the back of this Bond)
(11)(12)(13)
(14)
(15)
FIGURE 1
(Front)
Regular Session, June 5, 2000
193
FIGURE 2
(Back)
The text of the Bonds to be located
thereon at the item numbers shown
shall be as follows:
Item 1, figure 1=
"STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND"
"SERIES 20008"
Item 2, figure 1 = Rate.
Item 3, figure 1 = Maturity
Item 4, figure 1 = Bond Date: June 1,
2000
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No
Item 8, figure 1 = Principal Amount $
Item 9, figure 1 = The City of Dubuque,
Iowa, a municipal corporation
organized and existing under and by
virtue of the Constitution and laws of
the State of Iowa (the "Issuer"), for
value received, promises to pay from
the source and as hereinafter provided,
on the maturity date indicated above, to
Item 9A, figure 1 = (Registration
panel to be completed by Registrar or
Printer with name of Registered
Owner).
Item 10, figure 1 or registered
assigns, the principal sum of (principal
amount written out) THOUSAND
DOLLARS in lawful money of the
United States of America, on the
maturity date shown above, only upon
presentation and surrender hereof at
the designated office of Wells Fargo
Bank Iowa, National Association,
Paying Agent of this issue, or its
successor, with interest on said sum
from the date hereof until paid at the
rate per annum specified above,
payable on December 1, 2000, and
194 Regular Session, June 5, 2000
semiannually thereafter on theist day
of June and December in each year.
Interest and principal shall be paid to
the registered holder of the Bond as
shown on the records of ownership
maintained by the Registrar as of the
15th day preceding such interest
payment date. Interest shall be
computed on the basis of a 360 -day
year of twelve 30 -day months.
Unless this certificate is presented
by an authorized representative of The
Depository Trust Company, a New York
corporation ("DTC"),to the Issuer or its
agent for registration of transfer,
exchange or payment, and any
certificate issued is registered in the
name of Cede & Co. or such other
name as requested by an authorized
representative of DTC (and any
payment is made to Cede & Co. or to
such other entity as is requested by an
authorized representative of DTC),
ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF. FOR VALUE
OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL inasmuch as
the registered owner hereof, Cede &
Co., has an interest herein.
This Bond is issued pursuant to the
provisions of Sections 384.24 and
384.25 of the City Code of Iowa, for the
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 not
limited to the construction of additional
levels of parking spaces and expansion
of the structured parking facility located
on Iowa Street between Fifth and Sixth
Streets, in conformity to a Resolution of
the Council of said City duly passed
and approved.
Bonds maturing after June 1, 2009,
may be called for redemption by the
Issuer and paid before maturity on said
date or any date thereafter, from any
funds regardless of source, in whole or
from time to time in part, in any order of
maturity and within an annual maturity
by lot. The terms of redemption shall
be par, plus accrued interest to date of
call.
Thirty days' notice of redemption
shall be given by first class mail to the
registered owner of the Bond. Failure
to give such notice by mail to any
registered owner of the Bonds or any
defect therein shall not affect the
validity of any proceedings for the
redemption of the Bonds. All bonds or
portions thereof called for redemption
will cease to bear interest after the
specified redemption date, provided
funds for their redemption are on
deposit at the place of payment.
If selection by lot within a maturity is
required, the Registrar shall designate
the bonds to be redeemed by random
selection of the names of the registered
owners of the entire annual maturity
until the total amount of bonds to be
called has been reached.
Ownership of this Bond may be
transferred only by transfer upon the
books kept for such purpose by Wells
Fargo Bank Iowa, National Association,
the Registrar. Such transfer on the
books shall occur only upon
presentation and surrender of this
Bond at the office of the Registrar as
designated below, together with an
assignment duly executed by the owner
hereof or his duly authorized attorney
in the form as shall be satisfactory to
the Registrar. Issuer reserves the right
to substitute the Registrar and Paying
Agent but shall, however, promptly give
notice to registered bondholders of
such change. All bonds shall be
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 384.31 of the Code of Iowa,
subject to the provisions for registration
and transfer contained in the Bond
Resolution.
This Bond is a "qualified tax-exempt
obligation" designated by the City for.
purposes of Section 265(b)(3)(B) of the
Internal Revenue Code of 1986.
STATEMENT OF INSURANCE
MBIA Insurance Corporation (the
'Insurer") has issued a policy
containing the following provisions,
such policy being on file at Wells Fargo
Bank Iowa, National Association, Des
Moines, Iowa.
The Insurer, in consideration of the
payment of the premium and subject to
the terms of this policy, hereby
unconditionally and irrevocably
guarantees to any owner, as
hereinafter defined, of the following
described obligations, the full and
complete payment required to be made
by or on behalf of the Issuer to Wells
Fargo Bank Iowa, National Association
or its successor (the "Paying Agent") of
an amount equal to (i). the principal of
(either at the stated maturity or by any
advancement of maturity pursuant to a
mandatory sinking fund payment) and
interest on, the Obligations (as that
term is defined below) as such
payments shall become due but shall
not be so paid (except that in the event
Regular Session, June 5, 2000 195
of any acceleration of the due date of
such principal by reason of mandatory
or optional redemption or acceleration
resulting from default or otherwise,
other than any advancement of
maturity pursuant to a mandatory
sinking fund payment, the payments
guaranteed hereby shall be made in
such amounts and at such times as
such payments of principal would have
been due had there not been any such
acceleration); and (ip the
reimbursement of any such payment
which is subsequently recovered from
any owner pursuant to a final judgment
by a court of competent jurisdiction that
such payment constitutes an avoidable
preference to such owner within the
meaning of any applicable bankruptcy
law. The amounts referred to in
clauses (I) and (ii) of the preceding
sentence shall be referred to herein
collectively as the "Insured Amounts."
"Obligations" shall mean:
$2,750,000
City of Dubuque, Iowa
General Obligation Bonds, Series
2000B
Upon receipt of telephonic or
telegraphic notice, such notice
subsequently confirmed in writing by
registered or certified mail, or upon
receipt of written notice by registered or
certified mail, by the Insurer from the
Paying Agent or any owner of an
Obligation the payment of an Insured
Amount for which is then due, that such
required payment has not been made,
the Insurer on the due date of such
payment or within one business day
after receipt of notice of such
nonpayment, whichever is later, will
make a deposit of funds, in an account
with State Street Bank and Trust
Company, N.A., in New York, New
York, or its successor, sufficient for the
payment of any such Insured Amounts
which are then due. Upon presentment
and surrender of such Obligations or
presentment of such other proof of
ownership of the Obligations, together
with any appropriate instruments of
assignment to evidence the
assignment of the Insured Amounts
due on the Obligations as are paid by
the Insurer, and appropriate
instruments to effect the appointment
of the Insurer as agent for such owners
of the Obligations in any legal
proceeding related to payment of
Insured Amounts on the Obligations,
such instruments being in a form
satisfactory to State Street Bank and
Trust Company, N.A. State Street Bank
and Trust Company, N.A., shall
disburse to such owners or the Paying
Agent payment of such Insured
Amounts due on such Obligations, less
any amount held by the Paying Agent
for the payment of such Insured
Amounts and legally available therefor.
This policy does not insure against loss
of any prepayment premium which may
at any time be payable with respect to
any Obligation.
As used herein, the term "owner"
shall mean the registered owner of any
Obligation as indicated in the books
maintained by the Paying Agent the
Issuer, or any designee of the Issuer
for such purpose. The term owner
shall not include the Issuer or any party
whose agreement with the Issuer
constitutes the underlying security for
the Obligations.
Any service ofprocess on the
Insurer may be made to the Insurer at
its offices located at 113 King Street,
Armonk, New York 10504 and such
service of process shall be valid and
binding.
This policy is non -cancellable for any
reason. The premium on this policy is
not refundable for any reason including
the payment prior to maturity of the
Obligations.
MBIA Insurance Company
And it is hereby represented and
certified that all acts, conditions and
things requisite, according to the laws
and Constitution of the State of Iowa, to
exist, to be had, to be done, or to be
performed precedent to the lawful issue
of this Bond, have been existent, had,
done and performed as required by
law; that provision has been made for
the levy of a sufficient continuing
annual tax on all the taxable property
within the territory of the Issuer for the
payment of the principal and interest of
this Bond as the same will respectively
become due; that the faith, credit,
revenues and resources and all the
real and personal property of the Issuer
are irrevocably pledged for the prompt
payment hereof, both principal and
interest and the total indebtedness of
the Issuer including this Bond, does not
exceed the constitutional or statutory
limitations.
IN TESTIMONY WHEREOF, the
Issuer by its Council, has caused this
Bond to be signed by the manual
signature of its Mayor and attested by
the manual signature of its City Clerk,
with the seal of said City impressed
hereon, and to be authenticated by the
manual signature of an authorized
representative of the Registrar, Wells
Fargo Bank Iowa, National Association,
196 Regular Session, June 5, 2000
Des Moines, Iowa.
Item 11, figure 1 = Dateof
authentication:
Item 12, figure 1 = Thisis one of the
Bonds described in the within
mentioned Resolution, as registered by
Wells Fargo Bank Iowa, National
Association.
WELLS FARGO BANK IOWA,
NATIONAL ASSOCIATION, Registrar
By:
Authorized Signature
Item 13, figure 1 = Registrar and
Transfer Agent
Wells Fargo Bank Iowa, National
Association
Paying Agent Wells Fargo Bank
Iowa, National Association
Corporate Trust Operations
MAC N9303-121
Sixth & Marquette Avenue
Minneapolis, MN 55479
SEE REVERSE FOR CERTAIN
DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE, IOWA
By (manual signature)
Mayor
ATTEST:
By (manual sianatur&
City Clerk
Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received,the undersigned
hereby sells, assigns and transfers
unto (Social
Security or Tax Identification No
the within Bond and does
hereby irrevocably constitute and
appoint attorney in fact to
transfer the said Bond onthe books
kept for registration of the within Bond,
with full power of substitution in the
premises.
Dated
(Person(s) executing this Assignment
sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must
correspond with the name(s) as written
upon the face of the certificate(s) or
bond(s) in every particular without
alteration or enlargement- or any
change whatever. Signature guarantee
must be provided in accordance with
the prevailing standards and
procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible
guarantor institutions that participate in
a recognized signature guarantee
program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual' Corporation
Partnership Trust
9f the Bond is to be registered in the
names of multiple individual owners,
the names of all such owners and one
address and social security number
must be provided.
The following abbreviations, when
used in the inscription on the face of
this Bond, shall be construed as though
written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as tenants in
common
IA UNIF TRANS MIN ACT
- Custodian
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT 1N
THE ABOVE LIST
Section 14. Contract Between
Issuer and Purchaser. This Resolution
constitutes a contract between said
City and the purchaser of the Bonds.
Section 15. Non -Arbitrage
Covenants. The Issuer reasonably
expects and covenants that no use will
be made of the proceeds from the
issuance and sale of the Bonds issued
hereunder which will cause any of the
Bonds to be classified as arbitrage
bonds within the meaning of Sections
148(a) and (b) of the Internal Revenue
Code of the United States, as
amended, and that throughout the term
of the Bonds it will comply with the
requirements of statutes and
regulations issued thereunder.
To the best knowledge and belief of
the Issuer, there are no facts or
circumstances that would materially
Regular Session, June 3, 2000
197
change the foregoing statements or the
conclusion that it is not expected that
the proceeds of the Bonds will be used
in a manner that would cause the
Bonds to be arbitrage bonds. Without
limiting the generality of the foregoing,
the Issuer hereby agrees to comply
with the provisions of the Tax
Exemption Certificate and the
provisions of the Tax Exemption
Certificate are hereby incorporated by
reference as part of this Resolution.
The Treasurer is hereby directed to
make and insert all calculations and
determinations necessary to complete
the Tax Exemption Certificate in all
respects and to execute and deliver the
Tax Exemption Certificate at issuance
of the Bonds to certify as to the
reasonable expectations and
covenants of the Issuer at that date.
Section 16. Severability Clause. If
any section, paragraph, clause or
provision of this Resolution be held
invalid, such invalidity shall not affect
any of the remaining provisions hereof,
and this Resolution shall become
effective immediately upon its passage
and approval
Section 17. Continuing Disclosure.
The Issuer hereby covenants and
agrees that it will comply with and carry
out all of the provisions of the
Continuing Disclosure Certificate, and
the provisions of the Continuing
Disclosure Certificate are hereby
incorporated by reference as part of
this Resolution and made a part hereof.
Notwithstanding any other provision of
this Resolution, failure of the Issuer to
comply with the Continuing Disclosure
Certificate shall not be considered an
event of default under this Resolution;
however, any holder of the Bonds or
Beneficial Owner may take such
actions as may be necessary and
appropriate, including seeking specific
performance by court order, to cause
the Issuer to comply with its obligations
under the Continuing Disclosure
Certificate. For purposes of this
section, 'Beneficial Owner" means any
person which (a) has the power,
directly or indirectly, to vote or consent
with respect to, or to dispose of
ownership of, any Bond (including
persons holding Bonds through
nominees, depositories or other
intermediaries), or (b) is treated as the
owner of any Bonds for federal income
tax purposes.
Section 18. Additional Covenants,
Representations and Warranties of the
Issuer. The Issuer certifies and
covenants with the purchasers and
holders of the Bonds from time to time
outstanding that the Issuer through its
officers, (a) will make such further
specific covenants, representations
and assurances as may be necessary
or advisable; (b) comply with all
representations, covenants and
assurances contained in the Tax
Exemption Certificate, which Tax
Exemption Certificate shall constitute a
part of the contract between the Issuer
and the owners of the Bonds; (c)
consult with bond counsel (as defined
in the Tax Exemption Certificate); (d)
pay to the United States, as necessary,
such sums of money representing
required rebates of excess arbitrage
profits relating to the Bonds; (e) file
such forms, statements and supporting
documents as may be required and in
a timely manner; and (f) if deemed
necessary or advisable by its officers,
to employ and pay fiscal agents,
financial advisors, attorneys and other
persons to assist the Issuer in such
compliance.
Section. 19. Amendment of
Resolution to Maintain Tax Fxemotion
This Resolution may be amended
without the consent of any owner of the
Bonds if, in the opinion of bond
counsel, such amendment is necessary
to maintain tax exemption with respect
to the Bonds under applicable Federal
law or regulations.
Section 20 Qualified Tax -Exempt
Obtiaations For the sole purpose of
qualifying the Bonds as "Qualified Tax -
Exempt Obligations" pursuant to the
Internal Revenue Code of the United
States, the Issuer designates the
Bonds as qualified tax-exempt
obligations and represents that the
reasonably anticipated amount of tax-
exempt governmental and Code
Section 501(c)3 obligations which will
be issued during the current calendar
year will not exceed Ten (10) Million
Dollars.
Section 21. Repeal of Conflicting
Resolutions or Ordinances. Thatall
ordinances and resolutions and parts of
ordinances and resolutions in conflict
herewith are hereby repealed.
PASSED AND APPROVED this 5th
day of June, 2000,
Terrance M. Duggan, Mayor
ATTEST: Jeanne F. Schneider, City
Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Communication of the Community
Development Advisory Commission
198 Regular Session, June 5, 2000
regarding allocation of Community
Development. Block Grant Funds for
the Lead Based 'Paint Hazard
Reduction Program, pres&nted and
read. Buol moved ` that the
communication be received and filed.
Seconded by. Robbins. Motion carried
7-0.
City Manager recommending
acceptance of the Merchant Hotel
Demolition and Site Clearance Project
and approval of the final payment to
Tschiggfrie Excavating Co., presented
and read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 223-00.
RESOLUTION APPROVING FINAL
PAYMENT TO TSCHIGGFRIE
EXCAVATING FOR THE
COMPLETION OF THE MERCHANT
HOTEL (304-326 MAIN STREET)
DEMOLITION AND SITE
CLEARANCE PROJECT' -
Whereas, the contract for the
Merchant Hotel (304-326 Main Street)
demolition and siteclearance project
has been completed and the work has
been examined and found to be in
accordance with the terms of the
contract dated August 19,1999.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the contract
between the City of Dubuque ' and
Tschiggfrie Excavating, is hereby
approved as complete for a total final
cost of $234,140.00.
Section 2. That the City Treasurer
is hereby directed to make payment to
Tschiggfire Excavating in the above
amount.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of a request from St. Luke's
United Methodist Church, 1199 Main
Street, to demolish a garage,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved..
Seconded by Robbins. Motion carried
7-0.
Communication of City Manager
recommending approval of the Final
Plat of Lots 1 through 22 Furuseth's
Fifth Subdivision in Dubuque County,
Iowa, presented and read. Buol moved
that the communication be received
and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 224-00
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1 THROUGH
22 FURUSETH'S FIFTH
SUBDMSION, IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with
the City Clerk a final plat of Lots 1
through 22 Furuseth's Fifth
Subdivision, in Dubuque County, Iowa,
and
Whereas, upon said final plat appear
streets to be known as Wildlife Ridge
and Turkey Valley Lane; and
Whereas, the preliminary plat has
been examined by the Zoning Advisory
Commission and has its approval
endorsed thereon, with the waiver of
Article IV, Design and Improvement
Standards of the Subdivision
Regulations, except for Section 42-19;
and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Lots
1 through 22 of Furuseth's Fifth
Subdivision, in Dubuque County, Iowa,
is hereby approved and the Mayor and
City Council are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said final
plat.
Section 2. That the City Council
hereby waives Article IV, Design and
Improvement Standards, except for
Section 42-19, Lots and Blocks, of the
City Subdivision Regulations.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoptionof the
resolution. ' Seconded by Robbins.
Motion carried 7-0.
Historic Preservation Commission
submitting the nomination of Four
Mounds to the National Register of
Historic Places for Council review,
Regular Session, June 5, 2000
199
presented and read. Buol moved that
the communication be received and
filed and concurred with the
nomination. Seconded by Buol.
Motion carried 7-0.
City Manager recommending
approval of a joint agreement between
the Dubuque County Board of
Supervisors and the City of Dubuque
for the asphalt reconstruction of Peru
Road from Tanzanite Drive to the City,
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
Michalski voiced concerns about
accessibility to Four Mounds during the
construction. John Gronen reported
on the events scheduled for the
summer.
RESOLUTION NO. 225-00
RESOLUTION APPROVING JOINT
AGREEMENT BETWEEN DUBUQUE
COUNTY AND THE CITY OF
DUBUQUE FOR THE
RECONSTRUCTION OF PERU ROAD
FROM TANZANITE DRIVE TO THE
CITY LIMITS
Whereas, Dubuque County has
developed plans for the reconstruction
of Peru Road from Tanzanite Drive to
the City limits; and
Whereas, portions of said project are
located within the City Limits of the City
of Dubuque and portions outside the
City limits, but within Dubuque County,
and
Whereas, both parties have agreed
to a joint project to develop, construct,
and fund a single construction project
located within both jurisdictional
boundaries on Peru Road from
Tanzanite Drive to the Dubuque City
limits; and
Whereas, the County of Dubuque
has approved the terms and conditions
of said Joint Agreement.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
Section 1. That the Joint Agreement
between Dubuque County and the City
of Dubuque for the reconstruction of
Peru Road from Tanzanite Drive to the
Dubuque City limits be approved.
Section 2. That the Mayor be
authorized and directed to execute two
copies of the Joint Agreement and
forward two executed copies to the
Dubuque County for their approval.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
acceptance of the contract for the Usha
Park Grading Project, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 226-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Usha
Park Grading Project has been
completed and the City Manager has
examined the work and tiled his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
acceptance.
NOW . THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the DRA Distributions in amount equal
to the amount of this contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 227-00
FINAL ESTIMATE
Whereas, the contract for the Usha
Park Grading Project has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and
all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $99,065.34, and the said amount
shall be paid from the DRA
Distributions of the City of Dubuque,
200 Regular Session, June 5, 2000
Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of the contract for the
Pennsylvania/Northwest Arterial
Project, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 228-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Widening of Pennsylvania Avenue at
the Northwest Arterial Project has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay tothe contractor from
the Local Option Sales Tax Fund in
amount equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed; approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 229-00
FINAL ESTIMATE
Whereas, the contract for the
Widening of Pennsylvania Avenue at
the Northwest Arterial Project has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and.
all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the cost of said
improvement is hereby determined to
be $80,055.12 and the said amount
shall be paid from the Local Option
Sales Tax Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of the contract for the Dell
and Chestnut Street Storm Sewer
Project, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 230-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Chestnut and Dell Street Storm Sewer
has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
Local Option Sales Tax Funds in
amount equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 231-00
FINAL ESTIMATE
Whereas, the contract for the
Chestnut. and Dell Street Storm Sewer
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW THEREFORE, BE IT
Regular Session, June 5, 2000 201
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the cost of said
improvement is hereby determined to
be $32,561.21 and the said amount
shall be paid from Local Option Sales
Tax Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of the contract for the
Sarah and Maryville Storm Sewer
Project, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 232-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Sarah
and Maryville Drive Storm Sewer -
Extension Project has been completed
and the City Manager has examined
the work and filed his certificate stating
that the same has been completed
according to the terms of the contract,
plans and specifications and
recommends it acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Local Option Sales Tax - Fiscal
Year 2000 and the Storm Sewer
Extension CIP - Fiscal Year 2000 in
amounts equal to the amount of this
contract, less any retained percentage
provided for therein.
Pass -d, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 233-00
FINAL ESTIMATE
Whereas, the contract for the Sarah
and Maryville Drive Storm Sewer
Extension Project has been completed
and the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $61,932.31 and the said amount
shall be paid from Local Option Sales
Tax - Fiscal Year 2000 and the Storm
Sewer Extension CIP Fiscal Year
2000 the City of Dubuque, Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of the contract for the
Granger Creek Lift Station Project,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 234-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Granger Creek Lift Station Project has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommendsit
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
sameis hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Technology Park Contingency Fund
in amount equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoptionof the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 235-00
FINAL ESTIMATE
Whereas, the contract for the
202 Regular Session, June 5, 2000
Granger Creek Lift Station Project has
been completed and the. City Engineer
has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous costs.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $72,885.47 and the said amount
shall be paid from the Technology Park
Contingency Fundof the City of
Dubuque, Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M_ Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of a Cops. in Schools Grant
application, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins.
Motion canied 7-0.
City Manager recommending that the
City waive its Juvenile Accountability
Incentive Block Grant (JAIBG)
allocation of $12,630 and allow the
funding to go to the Dubuque Decat
project, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins.
Motion carried 7-0.
Communication of Thomas G.
Goodman submitting his resignation
from the Library Board of Trustees,
effective immediately, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 236-00
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
49 RENEWALS
5 Point Mart 5 Point Mart Inc
405 Rhomberg Ave
Airport Inn E. Kim Schwartz
574 E 16th St
Aragon Tap Myra Woodman
1103 Iowa St
B'Z Dart Inn Bernice Bauer
431 Rhomberg Ave
Beecher's Conoco/Beverage
Beecher Co. Inc 1691 Asbury Rd
Big 10 Mart Molo Oil Co.
1875 JFK Rd
Big 10 Mart Molo Oil Co.
9th & Central Ave
Big 10 Mart Molo Oil Co.
2100 JFK Rd
The Busted Lift Davey Robertson's
Public Bar 180 Main St
Casey's General Store.
The Monday Co. 4003 Peru Rd
Casey's General Store
Angel Investment 2699 Rockdale Rd
Central Tap Myra Woodman
1046 Central Ave
Dempseys & Molly's Pub
Clifford Enterp. 395 E 9th St
Creslanes Bowling Lanes
Crescent Electric Supply
255 S Main St
-Denny's Lux Club Beverly A. Larsen
3050 Asbury Rd
Dubuque Discount Gas
Dubuque Discount Gas Inc.
4110 Dodge St
Dubuque Discount Gas
Dubuque Discount Gas Inc.
2175 Central Ave
Dubuque Golf & Country Club
Dubuque Golf & Country Club
1800 Randall PI
Dubuque Mining Co Apt. Ltd Corp
555 JFK Rd
Eagle Food Center #320
Eagle Food Centers, Inc. 2050 JFK Rd
Eagle Food Center#130
Eagle Food Centers, Inc. 1800 Elm St
Eagle Food Center # 018
Eagle Food Centers, :Inc..
300 S Locust St
Family Beverage Center
Family Beverage Center
3400 Central Ave
Family Beverage Center
Family Mart, Inc 3201 Central Ave
Hammerheads Bar/Billiards
Hammerheads, Inc 2095 Kerper Blvd
Hartig Drug Store # 4
Hartig Drug Co. Inc 2725 Central Ave
Hartig Drug Store # 3
Hartig Drug Co. Inc 2255 JFK Rd
Hartig Drug Store # 2
Hartig Drug Co. Inc 157 Locust St
Hartig Drug Store # 1
Hartig Drug Co. Inc
703 Town Clock Plz
Iowa Potato & Produce House
Iowa Potato & Produce House
2600 Dodge St
Regular Session, Ain a 5, 2000
203
K C's Downtown Auto
Lynn Kruser
K -Mart # 4018
Lucky 13 Tap
McCann's IOCO
McCann's Service Inc.
Oky Doky# 1
OkyDoky#2
TFM Co
Oky Doky # 3
TFM Co
Oky Doky # 8
Hill Street Plaza
Plaza 20 AMOCO
2600 Dodge St
Center
205 Locust St
K -Mart Corp
2600 Dodge St
David Erickson
385 E 13th St
690 W Locust
TFM Co
250 W 1st St
51 W 32nd St
1256 Iowa St
535 Hill St
Plaza 20 Amoco 2600 Dodge St
Puff n Snuff Molo Oil Co
495 N Grandview
Puff n Snuff Molo Oil Co
2013 Central Ave
Tobacco Outlet Plus # 504
Kwik Trip Inc 806 Wacker Dr
Tony's Place
Charles Steffen
1701 Central Ave
Walgreens # 377 Walgreen Co.
555 JFK Rd
Wal-Mart Store Wal-Mart Store
4200 Dodge St
Wainut Tap Walnut Tap
709 University Av
Wareco Service Wareco Service Inc
700 Rhomberg Av
West Locust Mart Lee W Potter Sr
408 W Locust St
Whiskey River Chad Streff
1064 University Av
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 237-00
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 "B" (SPECIAL EVENT 5 -DAY)
BEER PERMIT
Donna Ginter Catfish Festival+
(Sunday/Outdoor Sale) Hawthorne St
CLASS "B"( 6 MONTH)
BEER PERMIT
Dubuque Jaycees Dubuque Jaycees
TentA Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees
- Tent B Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees
- Tent C Town Clock Plaza
Passed, approved and adopted this
5th day June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 238-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied . by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS °C" BEER/LIQUOR LICENSE
James Ferring Dubuque Lanes+
(Sunday Sale) 1029 Main St
Bernice M Bauer B'z Dart Inn +
(Sunday Sale) 431 Rhomberg Ave
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commission
HISTORIC PRESERVATION
COMMISSION: Kenneth C. Kringle
(Cathedral District); Jim Gibbs, Alfred
S. Smemo, Joseph Ungs (At -Large)
Mr. Kringle spoke requesting
reappointment.
LONG RANGE PLANNING ADVISORY
COMMISSION: Chris Curfman, Dr.
Mary Lynn Neumeister, Rick Stein. Dr.
Mary Lynn Neumeister and Rick Stein
both spoke requesting reappointment.
704 Regular Session, June 5, 2000
PARK AND RECREATION
COMMISSION: Kim. Daykih, Chuck
Duggan, Gary Harjehausen, Robert C.
Timmerman. Robert Timmerman
spoke requesting appointment.
ZONING ADVISORY COMMISSION:
Stephen F. Hardie, Ferd Nesler,
Robert W. Nagle, Michael F. Portzen
Stephen Hardie spoke requesting
reappointment.
Michalski moved that the rules be
suspended to allowanyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carried
7-0.
Proofs of publication on notice of
hearing to consider rezoning 223 acres
of property between English Mill Road
and Highway 20 from County A-1
Agricultural District to City C-3 General
Commercial District, R-3 Moderate
Density Multi -Family Residential
District, and R-1 Single -Family
Residential District in conjunction with
annexation, presented and read.
Robbins moved that the proofs be
received and filed. Seconded by
Nicholson. Motion caned 7-0.
John Herrig, representing the
Siegerts, spoke requesting the
rezoning. Michael Wilson, 14021
Barrington, representing the Barrington
Lakes Property Owners' Assn., stated
that the Association is not opposed to
the rezoning.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located at 11515 English Mill
Road from Dubuque County A-1
Agricultural District to City of Dubuque
C-3 General Commercial District, R-3
Moderate Density Multi -Family
Residential District and R-1 Single -
Family Residential District, with
conditions, concurrent with annexation,
said Ordinance had been given the first
and second readings on 5/15100, now
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 44-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 11515 ENGLISH MILL ROAD
FROM DUBUQUE COUNTY A-1
AGRICULTURAL DISTRICT TO CITY
OF DUBUQUE C-3 GENERAL
COMMERCIAL DISTRICT, R-3
MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT
AND R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT, WITH
CONDITIONS, CONCURRENT WITH
ANNEXATION.
Whereas, Gerald and Judith Siegert
have requested rezoning concurrent
with annexation to the City of Dubuque
in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the
Cityof Dubuque Code of Ordinances;
and
Whereas, this request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from
Dubuque County A-1 Agricultural
District to City C-3 General Commercial
District, R-3 Moderate Density Multi -
Family Residential District and R-1
Single -Family Residential District as
shown on Exhibit 1, and to the center
line of the adjoining right-of-way, all in
the City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication as
provided by law, and at such time that
the herein described property is legally
annexed into the City of Dubuque,
Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
44-00
We, Gerald and Judith Siegert,
owners, having read the terms and
conditions of the foregoing Ordinance
No. 44-00and being familiar with the
conditions thereof, hereby accept this
same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 5th day
of June, 2000.
Regular Session, June 5, 2000
205
By Is/ Gerald Siegert
By /s/ Judith Siegert
Robbins moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0.
Proof of publication on notice of
hearing to consider a request to annex
land east of the Landfill between
Highway 20 and English Mill Road and
City Manager recommending approval
of a request to annex 229 acres of
agricultural land directly east of the
Landfill between Highway 20 and
English Mill Road, presented and read.
Robbins moved that the proof and
communication be received and filed.
Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO. 239-00
RESOLUTION ANNEXING CERTAIN
PROPERTY
Whereas, Gerald and. Judith Siegert,
property owners, have voluntarity
petitioned for annexation of
approximately 229 acres of . property
lying outside of the corporate limits of
the City of Dubuque, Iowa, as shown in
Exhibit A; and
Whereas, Chapter 368 of the Code
of Iowa authorizes the extension of City
limits in situations of this character by
adoption of a resolution after
notification as required by State
regulations; and
Whereas, this request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and
development of the City of Dubuque,
Iowa, make it desirable that said
property be made part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the territorial limits
of Dubuque, Iowa, be, and they hereby
are extended to include the property
legally described as shown in Exhibit A.
Section 2. The territory hereby
annexed shall become a part of the
Third Precinct of the First Ward of the
City of Dubuque, Iowa.
Section 3. That the City Clerk shall
file this resolution, all exhibits and the
petition for voluntary annexation with
the State of Iowa in accordance with
State regulations.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne R Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
Proof of publication on notice of
hearing to consider disposing of City's
interest in real property adjacent to the
North End Neighborhood Bike/Hike
Trail to Giese Sheet Metal and City
Manager recommending approval of an
ingress/egress easement to Giese
Company and to approve disposal of
the City's interest in the property,
presented and read. Buol moved that
the proof and communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 240-00
RESOLUTION 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, pursuant to Resolution
No. 218-00 and published notice of
time and place of hearing, published in
the Telegraph Herald, a newspaper of
general circulation published in the City
of Dubuque, Iowa on the 19th day of
May, 2000, the City Council of the City
of Dubuque, Iowa met on 5th day of
June, 2000, at 6:30 p.m. in the Public
Library Auditorium, 360 W. 11th Street,
Dubuque, Dubuque County, Iowa, to
consider the proposal for the
disposition of an interest in real
property by granting an ingress/egress
easement described as a 12 -foot by
35 -foot ingress/egress easement over
and across part of the abandoned
railroad right-of-way from 28th Street to
29th Street between Lots 131 and 136
in Glendale Addition No. 2 , as shown
on the attached Exhibit.
Whereas, the City Council of the City
of Dubuque, Iowa, overruled any and
all objections, oral and written, to the
proposal to dispose of an interest of the
City of Dubuque, Iowa, in the
hereinabove described real property by
granting an ingress/egress easement
for a certain property 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 IT
RESOLVED BY THE CITY COUNCIL
206 Regular Session, June 5, 2000
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of an interest of the
City of Dubuque, Dubuque County,
Iowa, in real propertyby granting an
ingress/egress easement to Giese
Company described as a 12 -foot by
35 -foot ingress/egress easement over
and across part of the abandoned
railroad right-of-way from 28th Street to
29th Street between Lots 131 and 136,
in Glendale Addition No. 2 to Giese
Company, 2820 Elm Street.
Section 2. ` That the Mayor be
authorized and directed to execute the
Ingress/Egress Easement, and the City
Clerk be and is hereby authorized and
directed to deliver said Easement to
the property owner referenced above:
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice to be published and
described under Section 3647of the
Code of Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved ..adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
At 7:07 P.M. Mayor Duggan turned
control of the meeting to Mayor Pro -
Tem Nicholson due to potential conflict
of interest and left the Chambers.
Proof of publication on notice of
hearing to consider an amended and
restated Urban Renewal Plan for the
Ice Harbor Urban Renewal District, City
Manager recommending adoption of
the Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban
Renewal District, Communication from
the Long Range Planning Advisory
Commission advising that the proposed
Urban Renewal District conforms with
the City's Comprehensive Plan and
Communication from Brian J. Kane,
Counsel for The Fischer Companies,
objecting to the inclusion of his clients
property as part of the Urban Renewal
District, presented and read. Buol
moved that the proof and
communications be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
Brian Kane, representing The
Fischer Companies, spoke objecting to
the proposed Urban Renewal Plan for
the Ice Harbor Urban Renewal District;
Lynn Pfohl Quigley of The Fischer
Companies, spoke in opposition to the
proposed Urban Renewal Plan for the
Ice Harbor Urban Renewal District.
Rhodes J. (Bud) Isenhart, 8908
Quail Ridge Court, spoke regarding
various Urban Renewal and TIF District
projects the City has undertaken.
RESOLUTION NO. 241-00
A RESOLUTION APPROVING THE
AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR THE ICE
HARBOR URBAN RENEWAL
DISTRICT.
Whereas, on May 8, 2000, the City
Council of the City of Dubuque, Iowa
authorized the preparation of an
Amended and Restated Urban
Renewal Plan. (the 'Plan") for the Ice
Harbor Urban Renewal District (the
"District"); and
Whereas, the City of Dubuque's
primary objective in amending this Plan
is to provide opportunities for further
redevelopment and reinvestment in the
4th Street Peninsula area; and
Whereas, the Long Range Planning
Advisory Commission has reviewed the
proposed Plan and has found that said
document is consistent with the
Comprehensive Plan for the
development of the City of Dubuque as
a whole and has transmitted its findings
to the City Council; and
Whereas, a consultation process
has been undertaken with affected
taxing entities in accordance with
Chapter 403 of the Code of Iowa with
no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in
accordance with Chapter 403 of the
Code of Iowa, has held a public
hearing on the proposed amended and
restated Plan after public notice
thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section t That the Amended and
Restated Urban Renewal Plan for the
Ice Harbor Urban Renewal District,
attached hereto and made reference to
herein, be approved.
Section 2. That the City Clerk of the
City of Dubuque, Iowa is hereby
authorized and directed to file a
certified copy of this Resolution along
with the Plan in the office of the
Dubuque County Recorder.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buolmoved adoption of the
resolution. Seconded by Nicholson.
Regular Session, June 5, 2000
207
Motion carried 7-0.
At 7:57 P.M. Mayor Duggan returned
to the Chambers and took control of
the meeting.
Proof of publication on notice of
hearing to consider a lease to the
Dubuque County Historical Society for
the America's River Museum and City
Manager recommending approval of
the lease to the Dubuque County
Historical Society for the America's
River Museum, presented and read.
Michalski moved that the proof and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
Jerry Enzler, 1921 Simpson, spoke
in appreciation of the lease.
RESOLUTION N0.242-00
RESOLUTION DISPOSING 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 certain real
property described in Exhibit A to the
Lease attached hereto (the Property);
And Whereas, the Dubuque County
Historical Society (DCHS) desires to
lease the Property for the construction
and operation of a museum upon the
terms set forth in the Lease.
And Whereas, on the 5th of June,
2000, the City Council pursuant to
notice published as required by law
held a public hearing on its intent to
dispose of the foregoing interest in real
property and overruled all objections
thereto;
And Whereas, the City Council finds
that it is in the best interest of the City
to approve the Lease.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. The Lease between City
and DCHS, attached hereto, is hereby
approved.
Section 2. The Mayor is hereby
authorized and directed to execute the
Lease on behalf of the City of
Dubuque.
Section 3. The City Clerk is hereby
authorized and directed to cause this
Resolution to be recorded with the
Dubuque County Recorder.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of publication on notice of
hearing on plans and specs and notice
to bidders on the receipt of bids for the
Five Flags Center Skate Tile
Replacement Project and City Manager
recommending to award contract for
project, presented and read. Robbins
moved that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 243-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 1st day of May,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the FIVE FLAGS CENTER SKATE
TILE INSTALLATION.
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, approved and adopted this
5th day of June, 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. 244-00
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
FIVE FLAGS CENTER SKATE TILE
INSTALLATION PROJECT pursuant to
Resolution No. 243-00, and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa,
on the 5th day of May, 2000.
WHEREAS, said sealed proposals
were opened and read on the 23rd day
of May, 2000, and it has been
determined that the bid of THE
FLOORSHOW COMPANIES, in the
amount of $55,978 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
208 Regular Session, June 5, 2000
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the contract for the above
improvement be awarded to THE
FLOORSHOW COMPANIES, and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractors bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded. by Nicholson.
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 the
Olympic Heights/U.S. 52/Jackson
Street Drainage Improvements - Phase
II (Flexsteel Pump Station
Augmentation) and City Manager
recommending toaward contract for
project, presented and read. Robbins
moved that the proofs - ;and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 245-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 26th day of April,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Olympic Heights -U.S. 52 -
Jackson Street Drainage
Improvements - Phase II (Flexsteel
Pump Station Augmentation).
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved. as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
5th day of June, 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. 246-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Olympic Heights-US52-Jackson Street
Drainage Improvements - Phase II
(Flexsteel Pump Station Augmentation)
Project pursuant to Resolution No. 189-
00 and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 5th day of May,
2000:
Whereas, said sealed proposals
were opened and read on the 18th day
of May, 2000, and it has been
determined that the bid of CDI
Excavating, Inc. of Dubuque, Iowa, in
the amount of $43,514.00 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to CDI
Excavating, Inc. and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of publication on noticeof
hearing on plans and specs and notice
to bidders on the receipt of bids for
Reconstruction of the Sheridan Road
Storm Sewer and City Manager
recommending to award contract for
project, presented and read. Robbins
moved that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 247-00
Regular; Session, June 5, 2000,.
209
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 26th day of April,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Sheridan Road Storm Sewer
Reconstruction: Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
5th day of June, 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. 248-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Sheridan Road Storm Sewer
Reconstruction Project pursuant to
Resolution No. 193-00 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 5th day of May, 2000.
Whereas, said sealed proposals
were opened and read on the 18th day
of May, 2000, and it has been
determined that the bid of Tschiggfrie
Excavating, of Dubuque, Iowa, in the
amount of $122,841.95 was the lowest
bid for the fumishings 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 Tschiggfrie
Excavating, and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders,
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0_
Nicholson moved that the following
item be removed from the table.
Seconded by Michalski. Motion
carried 7-0.
Ken Buesing spoke in support of the
reclassification.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at 3030
Brunskill Road from AG Agricultural to
PUD Planned Unit Development
District and a PR Planned Residential
District Designation and adopting a
Conceptual Development Plan, with
Conditions, said Ordinance having
been presented and read on 5/1/00,
now presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 45-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 3030 BRUNSKILL ROAD FROM
AG AGRICULTURAL TO PUD
PLANNED UNIT DEVELOPMENT
DISTRICT AND A PR PLANNED
RESIDENTIAL DISTRICT
DESIGNATION AND ADOPTING A
CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by reclassifying the
hereinafter described property from AG
Agricultural and R-1 Single -Family
Residential Districts to PUD Planned
Unit Development District with a PR
Planned Residential District
designation and adopting a conceptual
development plan, a copy of which is
attached to and made a part hereof for
the property designated as PR Planned
Residential on the conceptual
development plan, to the center line of
the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code
210 Regular Session, June 5, 2900
Section 414.5 (1993), and as an
express the condition of the
reclassification, the undersigned
property owner agrees to the following
conditions, all of which the property
owners further agree are reasonable
and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification:
A. Use Regulations.
The following regulations shall apply to
all uses made of land in the above
described PUD District
1) Principal permitted uses for PR
Planned Residential District shall be
limited to twenty (20) condominium
dwelling unitsin ten (10) two -unit
buildings [11].
2) Accessory uses shall include any
use customarily incidental and
subordinate to the principal use it
serves.
[] Parking group—see Section 4-2 of
the Zoning Ordinance.
B. Lot and Bulk Regulations.
Development of land in the PUD
District shall be regulated as follows:
1) All residential structures shall be
constructed in substantial compliance
with the attached conceptual
development plan.
2) Maximum height for all structures
shall be 30 feet.
C. Performance Standards.
The development and maintenance of
uses in this PUD District shall be
established in conformance with
Section 3-5.5 of the Zoning Ordinance
and the following standards:
1) Erosion control devices shall be
provided during all phases of
construction of the PR Planned
Residential District development.
2) Parking requirements for allowed
uses shall be as per the parking group
for the designated use, in accordance
with Section 4-2 of the Zoning
Ordinance.
3) Sidewalks shall be provided
adjoining all new public streets.
4) Storm water control facilities will
be installed as per City Engineering
requirements.
5) Final site development plans
shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance
prior to construction of any buildings
and parking lots.
D. Open Space and Recreational
/areas
Those areas not designated on the
conceptual development plan for
development shall be maintained as
open space, as defined by Section 8 of
the Zoning Ordinance by the property
owner and/or association.
E. Sign Regulations.
Signs in the PUD District shall be
regulated as follows in accordance with
the R-1 Single -Family Residential
District sign regulations of the Zoning
Ordinance.
F. Transfer of Ownership
Transfer of ownership or lease of
property in this PUD District shall
include in the transfer or lease
agreement a provision that the
purchaser or lessee acknowledges
awareness of the conditions
authorizing the .establishment of the
district.
G. Reclassification of Subject Property.
The City of Dubuque, Iowa, may initiate
zoning reclassification proceedings to
the AG Agricultural District and R-1
Single -Family Residential District in
accordance with Section 6 of the
Zoning Ordinance if the property owner
fails to complete or maintain any of the
conditions of this ordinance.
H. Modifications.
Any modifications of this Ordinance
must be approved by the City Council
in accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
I. Recording.
A copy of this ordinance shall be
recorded at the expense of the property
owner(s) with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within ten (10)
days after the adoption of this
ordinance. This ordinance shall be
binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing
amendment has heretofore been
reviewed by the Zoning Commission of
the City of Dubuque, Iowa.
Section 4. The foregoing
amendment shall take effect upon
publication, as provided by law.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 45-00
I, David Patter, representing Paizer
Investments, LLC, property owner,
having read the terms andconditions of
the foregoing Ordinance No. 45-00 and
being familiar with the conditions
thereof, hereby accept the same and
agree to the conditions required
therein.
Dated this 5th day of June, 2000.
By /s/ David Patter
Regular Session, June 5,2000„
211
Published officially in the Telegraph
Herald newspaper this 12th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 6/12
Nicholson moved final consideration
and passage of the Ordinance.
Seconded by Michalski. Motion carried
7-0.
Buol moved that the rules be
reinstated limiting discussion to the
Council. Seconded by Nicholson.
Motion carried 7-0.
Appointment of the Mayor, City
Manager and two City Council
Members (currently Council Members
Nicholson and Cline) to the GDDC
Board of Directors. Michalski moved
that the communication be received
and filed and resolved to reappoint the
same individuals. Seconded by
Robbins. Motion carried 7-0.
Request of the Dubuque County
Board of Supervisors for appointment
of a Council Member (currently Council
Member Robbins) to the Resources
Enhancement - and Protection
Committee, presented and read.
Michalski moved to receive and file the
communication and to reappoint
Council Member Robbins. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance amending Section 2-
22 of the City of Dubuque Code of
Ordinances providing for the regular
meetings of the City Council by
changing the meeting dates for July,
2000, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 46-00
AN ORDINANCE AMENDING
SECTION 2-22 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
PROVIDING FOR THE REGULAR
MEETINGS OF THE CITY COUNCIL
BY CHANGING THE MEETING
DATES FOR JULY, 2000
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 2-22 of the City of
Dubuque Code of Ordinances is
amended to read as follows:
Sec. 2-22. Meetings -Date.
Regular meetings of the council shall
be held on the first and third Monday of
each month and special meetings may
be called from time to time by the
mayor or a majority of the members of
the council. When the day fixed for
any regular meeting of the council falls
upon a day designated as a legal or
national holiday, such meeting shall be
held at the same hour on the next
succeeding day not a holiday.
Notwithstanding the foregoing, the
regular meetings for July, 2000 shall be
the first Wednesday and the third
Monday.
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
June, 2000.
Jeanne F. Schneider, City Clerk
It 6/12
Michalski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Communication of City Manager
recommending approval of a projecting
sign in the public right-of-way at 180
Main Street (The Busted Lift),
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Robbins.
Motion carried 7-0.
An Ordinance Authorizing John Finn
to construct projecting sign, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 47-00
AN ORDINANCE AUTHORIZING
JOHN FINN TO CONSTRUCT A
PROJECTING SIGN
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That John Finn as the
owner of the premises known as The
Busted Lift Dubuque, Iowa, and legally
described as N. 1/2 C.L. 3A be and
they are hereby granted the revocable
permit and authority to construct and
maintain a sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
212 Regular Session, June 5, 2000
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction - or
maintenance of said sign and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said sign sustained by
any person or persons, caused by
accident or otherwise to- defend at its
own expense and on behalf of said City
any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of sign and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign and in the
event of their failure to do so, the City
of Dubuque shall be authorized to
remove said sign at permittees'
expense and dispose of the same, and
the permittee shall have no clairn
against the City or its agents for
damages resulting from the removal of
said sign.
Section 5. That permittees covenant
and agree that the: revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not toassert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to John Finn when
this Ordinance has been adopted by
the City Council and the terms and
conditions thereof accepted by
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
47- 00
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 47-00,
hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and ' agreements therein
contained to be performed by
permittees.
By/s/ Kathy Farrettfor John Finn
Title: Manager, The Busted Lift
Dated: 5/18/00
Published officially in the Telegraph
Herald newspaper. this 12th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t6/12
Michalski moved that the
requirement that a proposed Ordinance
be considered and votedon for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
City Manager recommending
approval of a construction ordinance to
allow the Bluff Street Neighborhood
Regular Session, June 5, 2000
213
Association to construct and maintain
planters in the public right-of-way,
presented and read. Robbins moved
that the communication be received
and filed. Seconded by Nicholson.
Carried by the following motion.
Yeas—Buol, Cline, Duggan, Markham,
Nicholson, Robbins. Nays—Michalski.
Michalski voiced her concern that
there were too many planters and they
were too close to the street Ken
Kringle, President of the Bluff Street
Neighborhood Assn., spoke in favor of
the plan.
An Ordinance Authorizing Bluff
Street Neighborhood Association to
construct planter placement, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 48-00
AN ORDINANCE AUTHORIZING
BLUFF STREET NEIGHBORHOOD
ASSOCIATION TO CONSTRUCT
PLANTER PLACEMENT
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Bluff Street
Neighborhood Association as the
owner of the premises known as 4th,
5th, and Bluff Streets, Dubuque Iowa,
and legally described as 4'", 51n, and
Bluff Streets be and they are hereby
granted the revocable permit and
authority to construct and maintain
planters under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressed
conditioned on permittees' agreement
to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said planters; and
b. Procure and maintain in force
during the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said planters sustained
by any person or persons, caused by
accident or otherwise to defend at its
own expense and on behalf of said City
any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of planters and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the
City of Dubuque free and harmless
from any and all claims, loss, liability
and expense for death and/or injuries
to third persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement
that should the right and privilege
herein granted be rescinded or revoked
by the City Council, permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said planters and in
the event of their failure to do so, the
City of Dubuque shall be authorized to
remove said planters at permittees'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resulting from the removal of
said planters.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to the Bluff Street
Neighborhood Association when this
Ordinance has been adopted by the
214 Regular Session, June 5, 2000
City Council and the terms and
conditions thereof accepted by
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be and
she is authorizedand directed to file at
permittees' expense a copy of this
ordinance in the Office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 48-00
I (We), the undersigned having read
and being familiar with the terns and
conditions of Ordinance No. 48-00,
hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
permittees.
By: /s/ Ken Kringle
Title: President, Bluff Street
Neighborhood Assn.
Date: June 5, 2000
Published officially in the Telegraph
Herald newspaper this 12th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 6/12
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Carried by the following
vote: Yeas—Buol, Cline, Duggan,
Markham, Nicholson, Robbins.
Nays—Michalski.
City Manager recommending that the
City submit written comments to the
Iowa Utilities Board advocating a
°geographic split' relief plan, presented
and read. Nicholson moved that the
communication be received and filed
and concurred with the
recommendation. Seconded by Buo1.
Motion carried 7-0.
City Manager recommending
approval of the Fiscal Year 2001
Community Partnership Program
funding awards, presented and read.
Michalski moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION N0.249-00
RESOLUTION AUTHORIZING THE
AWARD OF COMMUNITY
PARTNERSHIP PROGRAM (cp2)
FUNDS FOR FISCAL YEAR 2001.
Whereas, under the provisions of
Title I of the Housing and Community
Development Act of 1974, as
amended, the City of Dubuque has
received Community Development
Block Grant (CDBG) funds for the
development and maintenance of a
viable urban community through the
provision of decent housing, a suitable
living environment and expanded
economic opportunities for its
residents, particularly those persons of
low and moderate income; and
Whereas, the Community
Partnership Program (cp2) was
developed in the City of Dubuque in
response to the national goals and
objectives of the CDBG program; and
Whereas, guidelines for the
implementation of the Community
Partnership Program (cp2) were
approved and amended by the City
Council.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
hereby awards Community Partnership
Program (cp2) monies to the following
organizations. The award shall consist
of a grant to the organization for the
identified projects and shall be for the
amount noted below:
St. Mark's Community Center
Computer Programs for Neighborhoods
$ 10,271
Boys and Girls Club
Educational & Social Program
$ 22,714
Dub County Historical Society
Handicap Ramp for Discovery
Center Ramp $ 26,464
Hillcrest Family Services
Building Community $ 44,619
Ecumenical Housing
Handicap Accessibility $ 5,912
Total $110,000
Section 2. That the City Manager be
and he is hereby authorized to develop
and execute contracts with representa-
tives from the aforementioned
organizations in accordance with the
program guidelines established for the
Community Partnership Program and
with the regulations of the Community
Development Block Grant Program.
Section 3. That upon execution of
said contracts, the City Manager is
hereby authorized and directed to
disburse program funds in support of
Regular Session, June 5, 2000 215
the approved projects and in
accordance with the termsand
conditions established in said
contracts.
Passed, approved and adopted this
5" day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager submitting documents
providing for initiation of the bidding
process for the Five Flags Center
Arena Seat Replacement Project,
presented and read. Robbins moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 250-00
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 for the FIVE FLAGS
CENTER ARENA SEAT
REPLACEMENT PROJECT, in the
estimated amount of $350,000, are
hereby approved and ordered filed in
the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
5th day of June, 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. 251-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval onthe proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the FIVE FLAGS
CENTER ARENA SEAT
REPLACEMENT PROJECT,
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 5th day of July, 2000, a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than fourdays nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, approved and adopted this
5th day of June, 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. 252-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the FIVE FLAGS CENTER
ARENA SEAT REPLACEMENT
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 theimprovementsherein provided,
to be published in a newspaper. having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 200 p.m. on the 22nd 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 5th day of
July, 2000.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending that a
public hearing be set for June 19, 2000
to consider a petition to vacate Monroe
Avenue, presented and read.
Michalski moved that the
216 Regular Session, June 5, 2000
communication be received and filed.
Seconded by Robbins. Motion carried
7-0. ..
RESOLUTION NO. 253-00
RESOLUTION - OF INTENT TO
DISPOSE OF CITY INTEREST IN
LOTS C, D, E, AND F OF MAPLE
LEAF ADDITION NO. 2, DUBUQUE,
IOWA
Whereas, Ken Birch has requested
the vacating of Monroe Avenue (a/k/a
Louise Lane); and
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of Monroe
Avenue (a/k/a Louise Lane) and
assigned lot numbers thereto, which
hereinafter shall be known and
described as Lots C, D, E, and F of
Maple Leaf Addition No. 2 in. the City of
Dubuque, Iowa; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of Monroe Avenue (aka
Louise Lane) is no longer required for
public use, except for utility easements
as noted, and vacating and sale of said
portions of alleys and streets known as
Lots C, D, E, and F of Maple Leaf
Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lots
C, D, E, and F of Maple Leaf Addition
No. 2 in the City of Dubuque, Iowa.
Section 2. That the conveyance of
Lot C to Robert Fuerst and be
contingent upon the payment of
$100.00, Lot D to Ken Birch and be
contingent upon the payment of
$100.00, and Lots E and F to Janet
Balk upon the payment of $400.00,
plus platting, publication and filing fees.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting,installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the Plat of Survey of
Lots C, D, E, and F of Maple Leaf
Addition No. 2.
Section 4. That the City Clerk be.
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 254-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED MONROE
AVENUE (A/K/A LOUISE LANE)
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated May 5,
2000, prepared by IIW Engineers &
Surveyors, P.C., describing the
proposed vacated portion of Monroe
Avenue (a/k/a Louise Lane); and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated May
5,. 2000, prepared by IIW Engineers &
Surveyors, P.C. relative to the real
estate hereinabove described be and
the same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the Plat of Survey of
Lots C, D, E; and F of Maple Leaf
Addition No. 2.
Section 3. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
An Ordinance Vacating Monroe
Avenue (a/k/a Louise Lane), presented
and read.
Regular Session, June 5 2000
217
(OFFICIAL PUBLICATION)
ORDINANCE NO. 49-00
ORDINANCE VACATING MONROE
AVENUE (A/K/A LOUISE LANE)
Whereas, Ken Birch has requested
the vacating of Monroe Avenue (a/k/a
Louise Lane); and
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of Monroe
Avenue (a/k/a Louise Lane) and
assigned lot numbers thereto, which
hereinafter shall be known and
described as Lots C, D, E, and F of
Maple Leaf Addition No. 2 in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
Monroe Avenue (aka Louise Lane) is
no longer required for public use,
except for utility easements as noted,
and vacating of said portions of Monroe
Avenue (a/k/a Louise Lane) known as
Lots C, D, E, and F of Maple Leaf
Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lots C, D, E, and F of
Maple Leaf Addition No. 2 in the City of
Dubuque, Iowa, be and the same is
hereby vacated.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, far the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be
authorized by. the City of Dubuque,
Iowa, as shown on the Plat of Survey of
Lots C, D, E, and F of Maple Leaf
Addition No. 2.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest. Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 6/12
Michalski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
City Manager submitting documents
providing for initiation of the bidding
process for the City Hall Interior Work
Project, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 255-00
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 City Hall
Remodeling - Interior Work, in the
estimated amount of $190,272.00, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
5th day of -June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 256-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the City Hall Remodeling -
Interior Work.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That on the 5th day of July, 2000, a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
218 Regular Session, June 5, 2000
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 257-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the City Hall Remodeling -
Interior Work is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of thesecurity to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice tobidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 27th 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 5th day
of July, 2000.
Passed, adopted and approved this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager submitting documents
providing for initiation of the bidding
process for the City Hall Exterior Work
Project, presented and read. Robbins
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 258-00
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 for the City Hall
Remodeling Exterior Work, in the
estimated amount of $192,692.00, are
hereby approved and ordered filed in
the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
5th day of June, 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. N0.259-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the City Hall Remodeling -
Exterior Work
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 5th day of July, 2000, a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
5th day of June, 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. 260-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Hall Remodeling -
Exterior Work 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
Regular Session, June 5, 2000
219
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on the 27th 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 5th day of
July, 2000.
Passed, approved and adopted this
5th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager submitting documents
providing for initiation of the bidding
process for the construction of a
parking lot at Third and Main Streets,
presented and read. Robbins moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 261-00
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 for the Parking Lot
Project - Third & Main Streets, in the
estimated amount of $50,134.57, are
hereby approved and ordered filed in
the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
5th day of June, 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. 262-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Parking Lot Project -
Third and Main Streets.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 5th day of July, 2000, a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, at
which time interested persons may
appear and be heard for or against the
proposed plans and - specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, approved and adopted this
5th day of June, 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. 263-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Parking Lot Project - Third
& Main Streets 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 circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on the 22nd 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 5th day of
July, 2000.
Passed, approved and adopted this
5th day of June, 2000.
220 Regular Session, June 5, 2000
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk Approved4.7021-49-7/2000
Robbins moved adoption of the
resolution. Seconded by Nicholson. Adopted? c-5 a/'c-/ 2000
Motion carried 7-0.
At 8:32 P.M. Nicholson move to go
into Closed Session re: Purchase of
Real Estate (Iowa Code §21.5(1)(j).
Seconded by Michalski. Motion
carried 7-0.
At 9:16 P.M. Council reconvened
Regular Session with .statement that
Staff had been given proper direction.
There being no further business,
Cline moved to adjourn. Seconded by
Michalski. Motion carried 7-0. The
meeting adjourned at 9:17 P.M.
/s/ Jeanne F. Schneider
City Clerk
Special Session, June 12, 2000
221
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, June
12, 2000
Council met at 4:15 P.M., at the
DAIDC Spec Building, 7425 Chavenelle
Road
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, City Manager,
Michael Van Milligen.
Absent Council Member Cline.
Mayor Duggan read the call and
stated this is a special session of the
City Council called for the purpose of
conducting the annual evaluation of the
City Manager.
At 4:15 RM. Michalski moved to go
into Closed Session in accordance with
Ch. 21.5.1(1) 1999 Code of Iowa: 1) To
evaluate the professional competency
of an individual whose appointment,
hiring, performance or discharge is
being considered when necessary to
prevent needless and irreparable injury
to that individual's reputation, (Note:
That individual must request a Closed
Session.) Seconded by Buol. Motion
carried 6-0,
City Manager evaluation in
accordance with Ch. 21.5.1(1) — The
individual has requested a dosed
session.
At 5:04 P.M. Council reconvened
Regular Session with statement that
Staff had been given proper direction.
There being no further business,
Bud moved to adjourn the meeting.
Seconded by Markham. Motion carried
7-0. The meeting adjourned at 5:05
P.M.
/s/ Jeanne F. Schneider
City Clerk
Approve -to/ ✓ ' 4/-
2000
2000
Adopted . _ ✓ ' '
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Attest:
ty Clerk
222 Regular Session, June 19, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June
19, 2000
Council met in Regular Session at
6:30 P.M. in the Library Auditorium
Present Mayor Duggan, Council
Members - Buol, Cline, Markham,
Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is the regularsession of the
City Council called for the purpose of
acting upon such business which may
properly come before the City Council.
Invocation was given by Father Scott
Bullock, Director of Seminarians,
Archdiocese of Dubuque.
Minutes Submitted: Airport
Commission of 4/24 and 5/31; Civil
Service Commission of 523;
Community Development Advisory
Commission of 5/16; Historic
Preservation Commission of 5/18;
Housing Commission of 4/13; Long
Range Planning Advisory Commission
of 5/17; Transit Board of 5/11; Zoning
Advisory Commission of 5/3, presented
and read. Michalski moved that the
minutes be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
Acting Finance Director Gerald Hird
submitting the Finance Reports for
month ending May 31, 2000, presented
and read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
Notice of Claims/Suits: Joseph
Hickson in undetermined amount for
vehicle damage; R.D. McDonald in
estimated amount of $1,065.30 for
property damage; Aimee Wagner in
estimated amount of $691.24 for
vehicle damage; Craig and Deb
Wurdinger in estimated amount of
$500.00 for vehicle damage, presented
and read. Michalski moved that the
claims and suits be referred to the
Legal Dept. for investigation and report.
Seconded by Nicholson. Motion
carried 7-0.
Corporation Counsel recommending
that the claim of Linda M. Federonich
for personal injuries be referred to
Portzen Construction for processing
and the claim of Rhonda Switzer for
vehicle damages be referred to Conlon
Construction, presented and read.
Michalski ` moved that the
communications be received and filed
and - concurred with the
recommendations. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel recommending
denial of the towing expense
reimbursement claim of Diana Jean
Grob and the motorcycle damage claim
of Chuck Minnick, presented and read.
Michalski moved that the
communication be received and filed
and concurred with the
recommendation. Seconded by
Nicholson. Motion carried 7-0.
Katie Gustafson submitting her
resignation from the Environmental
Stewardship Advisory Commission,
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
Housing Services Manager David
Harris advising that Jane Steele has
submitted her resignation from the
Housing Commission, and Ruth Clark
has submitted her resignation from the
Housing Trust Fund Committee,
presented and read. Michalski moved
that the communications be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
Planning Services Manager Laura
Carstens advising of the resignation of
Greg Yoko from the Zoning Board of
Adjustment and Jeff Stiles' resignation
as the Zoning Advisory Commission
liaison to the Long Range Planning
Advisory Commission, presented and
read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending
adopting of Supplement No. 45 to the
Code of Ordinances, presented and
read.
Regular Session, June 19, 2000,
223
RESOLUTION NO. 264-00
ADOPTING SUPPLEMENT NO. 45 TO
THE CODE OF. ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, under date of July 17,
1989, the City Council, pursuant to
Ordinance No. 34-89, readopted the
Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted
up to and including December 19,
1988; and
Whereas, since December 19, 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that
supplements by resolution, become
part of the Code of Ordinances.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That Supplement No. 45
of the Code of Ordinances of the City
of Dubuque, Iowa, covering Ordinances
through Ordinance No. 34-00 enacted
through April 3, 2000 and prepared by
the Sterling Codifiers, Inc, Weiser, ID
hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be
and is hereby adopted and becomes
part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0,
Request of Richard Stoffel, 14020
North Cascade Road, to subdivide an
existing lot into three lots, presented
and read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson, Motion
carried 7-0,
RESOLUTION NO. 265-00
RESOLUTION APPROVING THE
FINAL PLAT OF STOFFEL ACRES
SUBDIVISION IN DUBUQUE
COUNTY, IOWA
Whereas, said plat provides 0 feet of
frontage for Lots 2 and 3, where 60 feet
is required by Section 42-19 (b)
Subdivision Regulations; and
Whereas, there has been tiled with
the City Clerk a final plat of Stoffel
Acres Subdivision in Dubuque County;
and
Whereas, said plathas been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said 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 Section 42-19 (b) of
the Subdivision Regulations is waived
to allow Lots 2 and 3 to have 0 feet of
frontage, where 60 feet is required,
Section 2. That the final plat of
Stoffel Acres Subdivision is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat.
Passed, approved and adopted this
19th day of June, 2000.
. Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Request of City of Dubuque
Community and Economic
Development Department for approval
of the final plat of Lots 1, 2, A, B & C of
South Fork Industrial Subdivision No.
1, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 266-00
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1, 2, A, B AND
C OF SOUTH FORK INDUSTRIAL
SUBDIVISION NO. 1
Whereas, there has been filed with
the City Clerk the final plat of Lots 1, 2,
A, B and C of South Fork Industrial
Subdivision No. 1, in the City of
Dubuque, Iowa; and
Whereas, uponsaid final plat
appears existing streets known as
Cottingham Road (Lot A), Seippel
Road (Lot B), and the westerly half of
Cousins Road (Lot C), together with
certain public utility and sanitary sewer
easements which the owners by said
final plat have dedicated to the public
forever, and
Whereas, said final plat has been
reviewed by the Zoning Advisory
Commission and had their approval
endorsed thereon, subject to the
224 Regular Session, June 19, 2000
owners agreeing to the conditions
noted in Section 2 below, and
Whereas said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF. DUBUQUE, IOWA:
Section 1. That the dedication of a
portion of Cottingham Road (Lot A),
Seippel Road (Lot 8)1 and the westerly
half of Cousins Road (Lot C), together
with easements for public utilities and
sanitary sewer main as they appear
upon said final plat, be and the same is
hereby accepted; and
Section 2. That the Final Plat of Lots
1, 2, A, B and C of South Fork
Industrial Subdivision No. 1 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
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne. F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Request of Ron Smith to replat the
property line between Mount Calvary
Cemetery and Loras Estates
Subdivision, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 267-00
RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT 1 AND
LOT A LORAS ESTATES NO. 2 IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a plat of survey of Lot 1
and Lot A Loras Estates No. 2 in the
City of Dubuque, Iowa; and
Whereas, said plat provides 0 feet of
frontage for Lot 1, where 60 feet is
required by Section 42-19(b) of the
Subdivision Regulations; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and has its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 1 to have 0 feet of
frontage, where. 60 feet offrontage is
required.
Section 2. That the plat ofsurvey of
Lot 1 and Lot A Loras Estates No. 2 is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said final
plat
Passed, approved and adopted this
19th day of June, 2000.
Terrance. M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski movedadoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Request of Julien Nemmers to
approve the Minor Final Plat. of Cedar
Ridge Farm Place No. 3, presented
and read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 268-00
RESOLUTION APPROVING THE
FINAL PLAT OF CEDAR RIDGE
FARM PLACE NO. 3 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a final plat of Cedar
Ridge Farm Place No. 3 in the City of
Dubuque, lowa; and
Whereas, .upon said final plat
appears an existing street known as
Cedar Cross Road (Lots A and B)
together with certain public utility and
sanitary sewer and storm sewer
easements which the owners by said
final plat have dedicated to the public
forever; and
Whereas, said plat provides 0 feet of
frontage for Lot 1, where 60 feet is
required by Section 42-19(b) of the
Subdivision Regulations; and
Whereas, said final plat has been
reviewed by the Zoning Advisory
Commission its approval endorsed
thereon, and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Cedar Cross Road (Lots A and 8),
together with easements for public
utilities, sanitary sewer and storm
sewer as they appear upon said final
Regular Session, June 19, 2000 225
plat, be and the same are hereby
accepted; and
Section 2. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 1 to have 0 feet of
frontage, where 60 feet of frontage is
required.
Section 3. That the final plat of
Cedar Ridge Farm Place No. 3 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.
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 268-00
I, the undersigned, Julian Nemmers,
representing Nemmers Cedar Ridge
Farm Limited Partnership, having read
the terms and conditions of the
Resolution No. 268-00 and being
familiar with the conditions thereof,
hereby accept this same and agree to
the conditions required therein.
Dated this 20th day of June, 2000.
By /s/ Julian Nemmers
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Request to subdivide property
located east of BMR Lane on the north
side of Humke Road into six single
family lots, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 269-00
RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1 THRU 6,
INCLUSIVE, OF PARADISE HEIGHTS
SUBDIVISION IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with
the City Clerk a Final Plat of Lots 1 thru
6, inclusive, of Paradise Heights
Subdivision, in Dubuque County, Iowa;
and
Whereas, said plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said 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 Lots
1 thru 6, inclusive, of Paradise Heights
Subdivision, is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said subdivision plat.
Section 2. That the City Council
hereby waives Article IV, Design and
Improvement Standards, of the
Subdivision Regulations, except
Section 42-19, Lots and Blocks.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of the Final Plat of Lots 1 thru
27, inclusive, Lots A, B, and C, of
Embassy West No. 3, presented and
read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 270-00
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1 THRU 27,
INCLUSIVE, LOTS A, B AND C OF
EMBASSY WEST NO. 3 IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a final plat of Lots 1 thru
27, Inclusive, Lots A, B and C of
Embassy West No. 3 in the City of
Dubuque, Iowa; and
Whereas, upon said final plat
appears, streets to be known as Red
Violet Drive (Lot A) and Samantha
Drive (Lot B ), together with certain
public utility and sewer easements and
storm water detention facility (Lot C),
which the owners by said final plat
have dedicated to the public forever;
and
Whereas, the preliminary plat has
been examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 2 below;
and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it, except that no
streets or public utilities have yet been
constructed or installed.
226 Regular Session, June 19, 2000
NOW, THEREFORE, BE IT
RESOLVED BY THE CIN COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Red Violet Drive (Lot A) and Samantha
Drive (Lot B) and storm water detention
facility (Lot C) together with the
easements for public utilities, sanitary
sewer, storm sewer and water mains
as they appear upon said finalplat, be
and the same are hereby accepted;
and
Section 2. That the a final plat of
Lots 1 thru 27, Inclusive, Lots A, B and
C of Embassy West No. 3 is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat,
provided the owners of said property
herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce Red Violet Drive (Lot A)
and Samantha Drive (Lot B) to grade
and to construct concrete curb and
gutter and to hardsurface with
asphaltic concrete, or with concrete
paving with integral curb, all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
conformance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
b. To install sanitary sewer mains and
sewer service laterals into each
individual lot, water mains and water
service laterals into each individual lot,
storm sewers and catch basins,
boulevard street lighting and erosion
control devices all in accordance with
the City of Dubuque standard
specifications, - all in a manner
acceptable to the City Engineer, and in
accordance with construction
improvement plans approved by the
City Engineer,and inspected by the
City Engineer.
c. To construct a storm water detention
facility in a manner acceptable to the
City Engineer on Lot C of Embassy
West No. 3 in accordance with the
improvement plans and City of
Dubuque Standard Specifications
approved by the City and inspected by
the City Engineer, and maintain said
detention facility until 80 percent of the
sum of the platted lots are fully
developed and the remaining 20
percent of said lots have installed
adequate erosion control measures as
approved by the City Engineer.
d. To construct erosion control
measures in the drainage swale in Lots
17 through 24 in a manner acceptable
to the City Engineer in accordance with
the improvement plans and City of
Dubuque Standard Specifications
approved by the City and inspected by
the City Engineer.
e. To construct said improvements
prior to two (2) years from the date of
acceptance of this resolution, at the
sole expense of the owners, or future
owners.
f. To maintain the public improvements
for a period of two (2) years from the
date of acceptance of those
improvements by the City of Dubuque,
Iowa, at the sole expense of the
owners or future owners.
And further provided that said Moore
Development, Ltd. as owners of said
property, shall secure the performance
of the foregoing conditions provided in
this Section by providing guarantees in
such form and with such sureties as
may be acceptable to the City Manager
of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall
be the responsibility of the owner
abutting the public rights-of-way,
including lots with multiple frontages,
as required by City Code 41-161
through 41-164. The responsibility
shall extend to all successors, heirs
and assignees. Sidewalk installation
will not be required until the
development of the lot has been
completed, except as required herein.
In sparsely developed subdivisions,
sidewalks on developed lots will not be
required until 50% of the lots approved
by the plat have been developed. All
vacant lots shall have sidewalks
installed upon development of 80% of
the lots approved by the plat.
Section 4. That the final acceptance
of all public improvements shall occur
upon certification of the City Engineer
to the City Council that all public
improvements have been completed in
accordance with the improvement
plans and City standard specifications
and accepted by City Council
Resolution.
Section 5. That maintenance
expenses incurred by the City of
Dubuque for the storm water detention
facility (Lot C) shall be assessed
against Lots 1 through 27 in equal
amounts, and the City Manager shall
certify such costs to the City Clerk, who
in turn shall promptly certify such costs
to the Dubuque County Treasurer, and
such costs shall then be collected with
an in the same manner as general
property taxes in accordance with
provisions of law.
Regular Session, June 19, 2000
227
Section 6. That in the event Moore
Development, Ltd. shall fail to execute
the acceptance and furnish the
guarantees provided in Section 2.
hereof within 180 days after the date of
this Resolution, theprovisionshereof
shall be null and void and the
acceptance of the dedication and
approval the plat shall not be effective.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, .Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval to submit a Recreational
Trails Grant to IDOT for funding of the
Heritage Trail Extension: Heron Pond
to Greyhound Park Road, presented
and read. Michalski moved that the
communication be received and filed
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 271-00
RESOLUTION AUTHORIZING A
GRANT APPLICATION FOR IOWA
DEPARTMENT OF
TRANSPORTATION RECREATIONAL
TRAIL FUNDS FOR THE HERITAGE
TRAIL EXTENSION FROM THE
HERON POND WETLANDS NATURE
TRAIL TO GREYHOUND PARK
ROAD.
Whereas, the Iowa Department of
Transportation (IDOT) has Recreational
Trail funds available to develop
recreational trails in cities, and
Whereas, the City of Dubuque has
adopted a Comprehensive Plan and a
Riverfront Plan that include goals for
development of bike/hike trails; and
Whereas, the City of Dubuque has
adopted the Heritage Trail Master Plan
that includes the extension of Heritage
Trail from the Heron Pond Wetlands
Nature Trail to Greyhound Park Road,
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Planning
Services Manager is hereby authorized
to sign and submit this application for
Recreational Trails funds to the IDOT
for the extension of Heritage Trail from
the Heron Ponds Wetland Nature Trail
to Greyhound Park Road, on behalf of
the City,
Section 2, That the City of Dubuque
agrees to adequately maintain the trail
for its intended use and maintain the
total trail used to justify the project in
public use for a minimum of 20 years
following project completion.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Submittal of the Ninth Amendment to
the City Manager's Employment
Agreement for approval, presented
and read. Michalski moved that the
communication be received and filed
and Amendment approved. Seconded
by Nicholson. Motion carried 7-0.
Library Director Tom Moran
submitting `A Study of Public Library
Governance and Funding Options in
Dubuque County, Iowa," presented and
read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending
submittal of an application to HUD for
funding of the Mainstream Program,
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 272-00
A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE IN
THE SECTION 8 HOUSING
MAINSTREAM PROGRAM
Whereas, the City of Dubuque
recognizes the continuing unmet need
for provision of assisted housing to the
City's qualifying disabled families; and
Whereas, the City has continuousty
provided housing assistance to Section
8 Housing Program tenants, since
1976; and
Whereas, the U.S. Department of
Housing and Urban Development has
made funding available to encourage
municipalities to implement innovative
programs promoting the economic
independence of lower-income
families, through cooperating efforts of
the public and private sectors; and
Whereas, and in accordance with
Section 403A.5 of the Iowa Code which
states *A municipality or a 'Municipal
Housing Agency' may not proceed with
a housing project until a study or a
report and recommendation on housing
228 Regular Session, June 19, 2000
availablewithin the community is made
public by the municipality or agency
and is included in its recommendation
for a housing project.
Recommendations must receive
majority approval from the local
governingbody before proceeding on
the housing project°
AND IN ACCORDANCE WITH Section
213(c) of the Housing and Community
Development Act of 1974, which states
in part that it must be determined
whether or not there is a need for such
housing assistance, taking into
consideration any applicable State or
area wide housing assistance plan as
well as generally available data with
respect to population, poverty, housing
over -crowding, housing vacancies and
substandard housing. An application
may be approved only - if this
determination is in the affirmative; and
Whereas, this application is
consistent with the Comprehensive
Housing Affordability Strategy and
Consolidated Plan for the City of
Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque has
determined there is a need for
additional housing assistance for
persons with disabilities and is
knowledgeable of the status of
available housing within the City as
required by Iowa Code and that
majority approval of the proposed
housing activity within the City's
jurisdiction is hereby granted.
Section 2. This resolution is intended
to serve as the City of Dubuque's final
notice to the U.S. Department of
Housing and Urban Development of
such approval and that no additional
comment will be made by the. City of
Dubuque on this matter.
Section 3. The City of Dubuque
Housing Commission has reviewed
and approved the proposed program
application.
Section 4. The Mayor is authorized
and directed to execute an application
to the U.S. Department of Housing and
Urban Development for participation in
the Section 8 Housing Mainstream
Program.
Section 5, The City Manager is
hereby authorized and directed to
forward said application and resulting
standard executed contract to the
respective agencies in a timely fashion
and as required by the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval to submit two pre -applications
to the Iowa Department of Economic
Development - for Local Housing
Assistance Program funds, presented
and read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 273-00
A RESOLUTION AUTHORIZING AN
APPLICATION TO THE IOWA
DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR LOCAL
HOUSING ASSISTANCE PROGRAM
FUNDS
Whereas, the Iowa Department of
Economic Development has published
notice of availability of funds under the
Local Housing Assistance Program
(LHAP); and
Whereas, the Department of
Economic Development is encouraging
municipalities to promote housing
assistance programs which address
unmet needs and complement current
and planned programs of economic
development; and
Whereas, the Consolidated Plan for
the City of Dubuque includes the
objectives of promoting
homeownership opportunities for low -
and moderate -income households,
elimination of slum and blight and
public and private investment in
revitalization of downtown
neighborhoods; and
Whereas, the Housing Services
Department has for the past two years
successfully administered
a homebuyer assistance program for
moderate -income families funded
through an LHAP award received from
the Department of Economic
Development; and
Whereas, the Housing Trust Fund
Committee and Housing Commission
have reviewed the proposed
applications for moderate -income
household home purchase assistance
and for construction of affordable new
condominium homes for low-income
households..
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
Regular Session, June 19, 2000
229
Section 1. The Mayor is hereby
authorized to execute this resolution in
support of two applications to the
Department of Economic Development
for Local Housing Assistance Program
funds, to assist in provision of home
purchase assistance to low -and
moderate -income households.
Section. This resolution shall take
effect immediately.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of a contract with the U.S.
Department of Housing and Urban
Development (HUD) for renewal of
expiring Section 8 Moderate
Rehabilitation Program annual
contributions contracts, presented and
read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 274-00
RESOLUTION AUTHORIZING
EXECUTION OF A RENEWAL
ANNUAL CONTRIBUTIONS
CONTRACT FOR SECTION 8
MODERATE REHABILITATION
PROGRAM CONTRACTS NUMBERS
IA0870001/0014; AND
IA087MR0002/0022
Whereas, contracts for certain
programs under Annual Contributions
Contracts for Section 8 Programs are
periodically scheduled for expiration;
and
Whereas, the US Department of
Housing and Urban Development
extends these funding commitments
through the offering of amended
consolidated contracts, extensions or
renewal contracts; and
Whereas, the Department requires
execution of this contract for the City's
continued administration of these funds
for the above -referenced programs,
NOW, THEREFORE, BE rr
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
renewal Annual Contributions Contract,
with the US Department of Housing
and Urban Development, for Project
Numbers IA087MR0001/0014; and
IA087MR000210077, under Master
Annual Contributions Contract No KC -
9004 -E, on behalf of the City of
Dubuque.
Section 2. This resolution shall take
effect immediately.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of an agreement with Mercy
Medical .Center to provide employee
assistance program services,
presented and read. Michalski moved
that the communication be received
and filed and concurred with the
recommendation. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending a
contract with Conventions, Sports and
Leisure International to update the
Dubuque Convention Center Study that
was completed in December 1998,
upon motion received and filed and
concurred with the recommendation.
City Manager recommending that the
Police Department towing contract with
Wenzel Towing be renewed for an
additional three years, presented and
read. Michalski moved that the
communication be received and filed
and concurred with the
recommendation. Seconded by
Nicholson. Motion carried 7-0.
Request of the Dubuque Jaycees to
transfer their liquor license from the
Town Clock Plaza to the northeast
comer of the Iowa Street Parking Ramp
as a rain site for Dubuque and All That
Jazz from June 16 through September
5, 2000, presented and read. Michalski
moved that the communication be
received and filed and request
approved, Seconded by Nicholson.
Motion carred 7-0.
RESOLUTION NO. 275-00
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
230 Regular Session; June 19, 2000
38 RENEWALS
16th St Auto Truck Plaza
Muigrew Oil Co. 1215 E. 16th St
A & B Tap Vickie Willis
2600 Central Ave
Arby's Q -Mart Arcon, Inc.
10 Main St
Asbury Amoco Foodshop
Mulgrew Oil Co. 3300 Asbury Rd
Best Western Dubuque Inn
Dubuque Inn Corp 3434 Dodge St
Cedar Cross Amoco
L B Metcalf, Inc 1200 Cedar Cross
Clubhouse Melvin Spiegelhalter
2364 Washington
Cue Master Billiards
900 Central Ave 900 Central
Diamond Jo Casino
Peninsula Gaming Com. Ice Harbor
Diamond Jo Portside
Peninsula Gaming Com. 3rd St
Dubuque. Greyhound Park
Dubuque Racing Assoc
1855 Greyhound Pr
Fat Tuesday's Richard Hirsch III
1121 University Ave
Fratemal Order of Eagles
Fraternal Order of Eagles
1175 Century Dr
Econofoods #471 Nash Finch Co.
3355 JFK Rd
Galaxies Pub Galaxies Corp
3203 Jackson St
Hy -Vee #1 Hy -Vee Inc.
3500 Dodge St
Hy -Vee #2 Hy -Vee Inc.
4800 Asbury Rd
Instant Replay Pamela Arensdorf
1602 Central Ave
JFK Amoco Foodshop
Mulgrew Oil Co 1701 JFK Rd
Jym's Bar Jymie Lyons
1700 Central Ave
Knickers Saloon Curtis Gerhard
2186 Central Ave
Kwik Stop Rainbo Oil Co.
4039 Pennsylvania
Kwik Stop Rainbo Oil Co.
2320 Hwy 61
Kwik Stop Rainbo Oil Co.
2390 Central Ave
Kwik Stop Rainbo Oil Co.
2255 Kerper Blvd
Kwik Stop Rainbo Oil Co.
2297 University Ave
Kwik Stop Rainbo Oil Co.
280 Locust St
Kwik Stop Rainbo Oil Co.
1401 Central Ave
Kwik Stop Rainbo Oil Co.
1685 JFK Rd
Liquor Depot of Dubuque
Express Depot Inc 1620 JFK Rd
Loras Amoco Foodshop
Mulgrew Oil Co 1450 Loras Blvd
Murph's South End Tap
Pamela J. Murphy 55 Locust St
Noonan's Tap Mary. Lou Kamp
1618 Central Ave
Oky Doky Foods #15 Nancy Ginter
1101 Rhomberg
Paul's Tavern Tom Koch
176 Locust St
Ten Pin Tap Dolores G. Weber
601 Rhomberg Ave
Tri-State Goff Center
Tri-State Golf Center Inc
1095 Cedar Cross
White House Tavern
David Hoffman 450 W Locust
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 276-00
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 °B" BEER PERMIT
Prospect Pia, Inc
Pizza Hut # 1+(Sunday Sale)
2075 JFK Rd
Prospect Pizza, Inc.
Pizza Hut # 2+(Sunday Sale)
320 E. 20th St
CLASS "C" BEER PERMIT
Hy -Vee Inc Hy -Vee # 1+
(Sunday Sale) 3500 Dodge St
Passed, approved and adopted this
19th dayJune,2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 277-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
Regular Session, June 19, 2000 231
occupied by such applicants were
inspected and found to comply with the
State Laws and- all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS 'C'(COMMERCIAL)
BEER/LIQUOR LICENSE
Pamela Murphy Murph's South End
Tap 55 Locust St
Dubuque American Legion
American Legion Post #6+
(Sunday Sale) 1306 Delhi St
Riverside Bowl, Inc
Riverside Bowl+(Sunday/Outdoor Sale)
1800 Hawthorne St
Tom Koch, Inc. Paul's Tavem+
(Sunday Sale) 176 Locust St
Jymie Lyons Jym's Bar+
(Sunday Sale) 1700 Central Ave
Creslanes Bowling Creslanes Bowling+
(Sunday Sale) 255 5. Main St
Peninsula Gaming Com.
Diamond Jo Portside+(Sunday/Outdoor
Sale) 400 E 3rd St
CLASS'C(SPECIAL) BW
BEERPMNE LICENSE
Four Season Buffet Inc,
Four Season Buffet+(Sunday Sale)
3305 Asbury Rd
CLASS'WB' WINE PERMIT
Creative Touch Gallery, Inc,
Ooh La La 3460 Hillcrest Rd
Hy -Vee Inc Hy -Vee # 1
3500 Dodge St
Passed, approved and adopted this
19th day of June, 2000,
Terrance M, Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
CIVIC CENTER COMMISSION,
Applicants: Gary Dolphin, Cynthia A.
Fuller. No one spoke,
HOUSING COMMISSION, Applicants:
David J, Kapler, Dan Tepty, Mr, Kapler
and Mr. Tepty both spoke requesting
consideration for appointment
TRANSIT BOARD OF TRUSTEES.
Applicant Harry J, Bemis, No one
spoke,
TV CABLE REGULATORY
COMMISSION, Applicant Charlie Ellis,
No one spoke.
APPOINTMENTS to the following
Boards/Commissions:
HISTORIC PRESERVATION
COMMISSION. Applicants: Kenneth C.
Kringle (Cathedral District); Jim Gibbs,
Alfred S. Smemo, Joseph Ungs (At -
Large). Michalski moved that Kenneth
C. Kringle be reappointed to the
Cathedral District position for a three
year term which will expire 7-1-03.
Seconded by Markham. Motion carried
7-0. Vote on the At Large appointment
was as follows: Buol voted for Gibbs.
Cline voted for Gibbs. Duggan voted
for Gibbs. Markham voted for Gibbs.
Michalski voted for Gibbs. Nicholson
voted for Gibbs. Robbins voted for
Gibbs. Therefore, Jim Gibbs
reappointed to a three year term which
will expire 7-1-03.
LONG RANGE PLANNING ADVISORY
COMMISSION. Applicants: Chris
Curfman, Dr. Mary Lynn Neumeister,
Rick Stein. Vote on the appointment
was as follows: Buol voted for
Neumeister and Stein. Cline voted for
Neumeister and Stein. Duggan voted
for Neumeister and Stein. Markham
voted for Neumeister and Stein.
Markham voted for Neumeister and
Stein, Michalski voted for Neumeister
and Stein. Nicholson voted for
Neumeister and Stein. Robbins voted
for Neumeister and Stein. Therefore,
Mary Lynn Neumeister and Rick Stein
reappointed to three year terms which
will expire 7-1-03.
PARK AND RECREATION
COMMISSION. Applicants: Kim
Daykin, Chuck Duggan, Gary
Harjehausen, Robert C. Timmerman.
Vote on the appointments was as
follows: Buol voted for Daykin and
Duggan. Cline voted for Daykin and
Timmerman. Duggan voted for Daykin
and Duggan. Markham voted for
Duggan and Timmerman. Michalski
voted for Daykin and Duggan.
Nicholson voted for Daykin and
Harjehausen. Robbins voted for
Daykin and Duggan. Therefore, Kim
Daykin reappointed and Chuck Duggan
appointed to three year terms which will
expire 6-30-03.
ZONING ADVISORY COMMISSION.
Applicants: Stephen F. Hardie, Ferd
Nester, Robert W. Nagle, Michael F.
Portzen. Vote on the appointments
was as follows: Buol voted for Hardie
and Nester. Cline voted for Hardie and
Nagle. Duggan voted for Hardie and
Nagle. Markham voted for Hardie and
Nester. Michalski voted for Hardie and
Portzen. Nicholson voted for Hardie
and Nagle. Robbins voted for Hardie
232 Regular Session, June 19, 2000
and Nagle. Therefore, Stephen F.
Hardie reappointed and Robert Nagle
appointed to three year terms which will
expire 7-1-03.
Michalski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carried
7-0.
Proofs of publication on notice of
hearing to consider rezoning property
located on East 12th Street adjacent to
Highway61/151 from POS Public Open
Space District to MHI Modified Heavy
Industrial District, and Communication
of Long Range Planning Commission
supporting the A.Y. McDonald
rezoning, presented and read. Buol
moved that the proofs and
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
Attorney Steve Juergens
representing A. Y. McDonald Mfg. Co.,
spoke in support of the rezoning.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of. Ordinances by
reclassifying hereinafter described
property located north of East 12th
Street and east of Highway 61/151
from POS Public Open Space to MHI
Modified Heavy Industrial District, with
first and second readings given on
5/15/00, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 50-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
NORTH OF EAST 12TH STREET AND
EAST OF HIGHWAY 61/151 FROM
POS PUBLIC OPEN SPACE TO MHI
MODIFIED HEAVY INDUSTRIAL
DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from
POS Public Open Space to MHI
Modified Heavy Industrial District, to
wit
Lot 1 of Lot 1 of A. Y. McDonald
Manufacturing Company Place, and to
the centerline of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewedby 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
19th day of June, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 6/26
Buol moved final consideration and
passage of the Ordinance. 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 the
2000 PC Concrete Paving Project --No.
2 (Burden Street and North Burden)
and Communication of William R.
Knudson, 641 NorthBurden Street, in
opposition to the project, presented
and read. Markham moved that the
proofs and communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
Liz Picker, 645 N. Burden, John
Snider, of 624 N. Burden, and Brian
Hyde, 627 N. Burden all spoke stating
the need for reconstruction of the street
but against the installation of the
sidewalks. William Knudson of 641 N.
Burden stated the street is ok as is with
proper care. Mary Mueller and Terry
Mueller of 642 N. Burden spoke stating
their assessment is the largest and
objected to sidewalks. Jack Williams
of 2824 Burden spoke questioning
specifics. of the sewer design, the
removal of trees and recommended the
burying of power lines.
Markham moved to remove the
sidewalk project from the N. Burden
street area only. Seconded byCline.
Motion carried 7-0.
RESOLUTION NO. 278-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 10th day of May,
2000, plans, specifications, form of
Regular Session, June 19, 2000,,,
233
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the 2000 PC Concrete Paving
Project - No. 2 (Burden Street and
North Burden).
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 279-00
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 2000 PC
CONCRETE PAVING PROJECT - NO.
2 (BURDEN STREET AND NORTH
BURDEN) •
Whereas, the City Council has
proposed a Resolution of Necessity for
the 2000 PC Concrete Paving Project -
No. 2 (Burden Street and North
Burden),has given notice of the public
hearing thereon as required by law;
and
Whereas, the public hearing has
been held, all persons offering
objections have been heard and
consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the proposed Resolution of
Necessity described above is hereby
X Adopted as amended by the
Schedule of Assessments attached
hereto as Exhibit A, and made a part
hereof by reference. All objections
filed or made having been duly
considered are overruled.
Passed, adopted and approved this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Buof. Motion
carried 7-0.
RESOLUTION NO. 280-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA
That the 2000 PC Concrete Paving
Project - No. 2 (Burden Street and
North Burden) 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 circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 22nd 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 5th day
of July, 2000.
Passed, adopted and approved this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
Proof of publication on notice of
hearing on the City's intent to dispose
of property in Monroe Avenue (a/k/a
Louise Lane) to Kenneth P. Birch,
presented and read. Markham moved
that the proofs be received and filed.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 281-00
RESOLUTION DISPOSING OF CITY
INTEREST IN MONROE AVENUE
(A/K/A LOUISE LANE), DUBUQUE,
IOWA
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on the 9th day ofJune,
2000, the City Council of the City of
Dubuque, Iowa met on the 19th day of
June, 2000, at 6:30 p.m. in the Public
Library Auditorium, 11th and Locust,
234 Regular Session, June 19, 2000
Dubuque, Dubuque, County, Iowa to
consider the proposal for the sale of
real estate described as:
Lots C, D, E, and F of Maple Leaf
Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or writtento the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot C to Robert Fuerst and be
contingent upon the payment of
$100.00, Lot D to Ken Birch and be
contingent upon the payment of
$100.00, and Lots E and F to Janet
Balk and be contingent upon the
payment of $400.00, plus cost of
publication, platting and filing fees.
Conveyance shall be by Qui Claim
Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, construction,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electric fines as may be
authorized by the City of Dubuque,
Iowa, as shown on the Plat of Survey of
Lots C, D, E, and F of Maple Leaf
Addition No. 2.
Section 3. That the Mayor be
authorized and directed to execute
three Quit Claim Deeds, and the City
Clerk be and is hereby authorized and
directed to deliver said deeds of
conveyance to Robert Fuerst, Ken
Birch, and Janet Balk upon receipt of
the purchase price in full.
Section 4. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
Proofs of publication on notice of
hearing on plans and specs andnotice
to bidders on the receipt of bids for
construction of 2000 Curb Ramp
Installation Project (CDBG) and City
Manager recommending to award
contract for project, presented and
read. Robbins moved that the proofs
and communication be received and
fled. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 282-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 10th day of May,
2000, plans, specifications, form of
contract and estimated cost were fled
with the City Clerk of Dubuque, Iowa
for the 2000 Curb Ramp Installation -
CDBG Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW ` THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
19th day of June, 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. 283-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
2000 Curb Ramp Installation - CDBG
Project pursuant to Resolution No. 217-
00 and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 191° day of May,
2000.
Whereas, said sealed proposals
were opened and read on the 1° day of
June, 2000, and it has been
determined that the bid of Winger
Construction of Dubuque, Iowa, in the
amount of $40,869.60 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 Winger
Construction and the Manager be and
is hereby directed to execute a contract
Regular Session, June 19, 2000
235
on behalf of the City of Dubuque for the
complete performance of the work
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion caned 7-0.
Michalski moved to reinstate the
rules limiting discussion to Council.
Seconded by Robbins. Motion carried
7-0.
Request of Tara Winger to address
the Council. Ms. Winger spoke of
problems with the City. Michalski
moved that the City Manager review
this and send a copy to the County
Supervisors. - Seconded by Cline.
Motion carried 7-0.
Communication of City Manager
recommending approval of a projecting
sign in the public right-of-way at 113
Main Street (Inside Decor), presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Authorizing Inside
Decor to construct projecting sign at
113 Main St, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 51-00
AN ORDINANCE AUTHORIZING
INSIDE DECOR TO CONSTRUCT A
PROJECTING SIGN AT 113 MAIN ST.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Bill Barrick and
Tony Kemp, as the owners of the
premises known as 101-123 Main
Street, Dubuque, Iowa, and legally
described as C,L, 80 be and they are
hereby granted the revocable permit
and authority to construct and maintain
a projecting sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicablestate and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assumeany and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said sign; and
b. Procure and maintain in force
during the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said sign sustained by
any person or persons, caused by
accident or otherwise to defend at its
own expense and on behalf of said City
any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of sign and to pay reasonable attorney
fees therefor, and
d. Indemnify, defend and hold the
City of Dubuque free and harmless
from any and all claims, loss, liability
and expense for death and/or injuries
to third persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their
su ess rs in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign and in the
event of their failure to do so, the City
of Dubuque shall be authorized to
remove said sign at permittees'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resulting from the removal of
said sign.
Section 5. That permittees covenant
and agree that the revocable permit
236 Regular Session, June 19, 2000
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, - construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Bill Barrick and
Tony Kemp when this Ordinance has
been adopted by the City Council and
the terms and conditions thereof
accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO, 51-00
I, Bill Barrick and Tony Kemp, the
undersigned, representing Lamar
Advertising, having read and being
familiar with the terms and conditions
of Ordinance No. 51-00, hereby, for
themselves, their successors or
assigns, as owners of the abutting
property, accept the same and agree to
be bound by the conditions and
agreements therein contained to be
performed by permittees.
By: /s/Bill Barrick
By: /s/Tony Kemp
Title: Owners of Property
Dated: 5/25/00
Published officially in the Telegraph
Herald newspaper this 26th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 6/26
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by.
Nicholson. Motion carried 7-0.
Communication of City Manager
recommending approval of a projecting
sign in the public right-of-way at 1690
Elm Street (Lamar Advertising),
presented and read. Robbins moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Authorizing Lamar
Advertising to construct a projecting
sign at 1690 Elm Street, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 52-00
AN ORDINANCE AUTHORIZING
LAMAR ADVERTISING TO
CONSTRUCT AN ON -PREMISE
PROJECTING SIGN AT 1690 ELM
STREET
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Lamar Advertising
as the owner of the premisesknown as
1690 Elm St., Dubuque, Iowa, and
legally described as Lots 177,178 and
the N.1/2 179 of East Dubuque
Addition, be and they are hereby
granted the revocable permit and
authority to construct and maintain an
on -premise projecting sign under the
terms and conditions set forth in this
Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said sign; and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque,all sums which the. City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said sign sustained by
any person or persons, caused by
accident or otherwise to defend at its
Regular Session, June 19, 200Q.,< 237
own expense and on behalf of said City
any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of sign and to pay reasonable attorney
fees therefor, and
d. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign and in the
event of their failure to do so, the City
of Dubuque shall be authorized to
remove said sign at permittees'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resulting from the removal of
said sign.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Lamar Advertising
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by
permittees by acceptance endorsed on
this Ordinance,
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 52-00
I, Jim Schumacher, the undersigned
having read and being familiar with the
terms and conditions of Ordinance No.
52-00, hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
permittees.
By. /s/ Jim Schumacher
Title: Marketing Manager
Dated: 6/6/00
Published officially in the Telegraph
Herald newspaper this 26th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 6/26
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Communication of City Manager
recommending approval for
construction of an awning in the public
right-of-way at 1310 White Street
(Brannon Monument), presented and
read. Markham moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Authorizing Michael P.
Brannon and Stasia L Brannon (dba
Brannon Monument Co.) to construct
an awning, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 53-00
AN ORDINANCE AUTHORIZING
MICHAEL P. BRANNON AND STASIA
L. BRANNON (dba BRANNON
MONUMENT CO.) TO CONSTRUCT
AN AWNING
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Michael P. Brannon
and Stasia L. Brannon as the owners of
the premises known as 1330-1340
White Street, Dubuque, Iowa, and
.._ .........._...........
238 Regular Session, June 19, 2000
legally described as 1330-1340 White
Street, be and they are hereby granted
the revocable permit and authority to
construct and maintain an awning
under the terms and conditions set
forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supendsion and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said awning; and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said awning sustained
by any person or persons, caused by
accident or otherwise to defend at its
own expense and on behalf of said City
any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of awning and to pay reasonable
attorney fees therefor, and
d. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, Toss, liability and
expense for death and/or injuries to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the 'location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement. permitted herein.
Section 4. That the permission
herein granted is expressed
conditioned upon permittees' further
agreement that should the right and
privilege herein granted be rescinded
or revoked by the City Council,
permittees, or their successors in
interest, as owners of the abutting
property, shall within ten (10) days after
receipt of written notice from the City
Manager, so to do, at their own
expense, remove said awning and in
the event of their failure to do so, the
City of Dubuque shall be authorized to
remove said awning at permittees'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resulting from the removal of
said awning.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute any
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittee hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Michael P.
Brannon and Stasia L. Brannon when
this Ordinance has been adopted by
the City Council and the terms and
conditions thereof accepted by
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, adopted and approved this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
53-00
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 53-00
hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
permittees.
Michael P. Brannon
President/Owner
June 8, 2000
Published officially in the Telegraph
Herald newspaper this 26th day of
June, 2000.
Jeanne F. Schneider, City Clerk
1t 626
•
Regular Session, June 19, 2000 " 239
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending
approval of an agreement to purchase
approximately 19 acres from Robert D.
and Livija Klauer in Riprow Valley,
contingent upon the City receiving
personal guarantees for any remaining
financial obligations toward the
purchase of the property,
Communication of Jerry Enzler,
Dubuque County Historical Society,
expressing their support of the Riprow
Valley Park Development Project
Communication of Margreet J. Ryan,
President of the Dubuque Audubon
Society, endorsing development of
Riprow Valley; Communication/petition
from the Dubuque Girls Independent
Softball League expressing support for
the Riprow Valley Park Development,
presented and read. Buol moved that
the communications be received and
filed and concurred with the
recommendation. Seconded by
Michalski. Motion carried 7-0.
City Manager recommending that a
request for a demolition permit at 1672
Central be referred to the Historic
Preservation Commission and that the
permit be withheld for up to ninety
days, presented and read. Michalski
moved that the communication be
received and filed and concurred with
the request. Seconded by Nicholson,
No vote taken on the motion. Michalski
withdrew the motion, with the
concurrence of Nicholson.
Michalski then moved to approve the
request for demolition immediately.
Seconded by Nicholson. Motion
carried 7-0,
At 7:56 P.M. Mayor Duggan tumed
control of the Meeting to Mayor Pro -
Tern Nicholson due to potential conflict
of interest and left the Chambers.
Corporation Counsel recommending
that the fair market value of certain real
property owned by Plastic Center, Inc.,
in the Ice Harbor Urban Renewal
District, be established at $1,191,500,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO. 284-00
ESTABLISHING FAIR MARKET
VALUE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY OWNED
BY PLASTIC CENTER INC.
WHEREAS, the City of Dubuque
(City) intends to acquire certain real
property owed by Plastic Center Inc.
(Plastic Center) shown on Exhibit A
attached hereto (the Property);
AND WHEREAS, Iowa Code
Chapter 6B, as amended in 2000 by
House File 2528, requires that City
must make a good faith effort to
negotiate with Plastic. Center to
purchase the Property before
proceeding with condemnation;
AND WHEREAS, Chapter 66
requires that City may not make an
offer to purchase the Property which is
less than the fair market value City has
established for the Property,
AND WHEREAS, City has caused
an appraisal of the Property to be
made and the appraised value of the
Property is $ 1,191,500.00.
AND WHEREAS, City now desires to
establish the fair market value of the
Property.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
AS FOLLOWS:
1. The fair market value of the
Property is hereby established to be
$1,191,500.00.
2. The City Manager and the
Corporation Counsel are hereby
directed to submit a copy of the
appraisal to Plastic Center Inc. as
required by Iowa Code Chapter 68 and
to commence negotiations with Plastic
Center for the purchase of the Property
for a purchase price which is not less
than the fair market value established
by this Resolution.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Michalski.
Motion carried 7-0.
At 7:57 P.M. Mayor Duggan then
returned to the Chambers and took
control of the meeting.
City Manager recommending
approval of a Development Agreement
with Platinum Hospitality Group, LLC,
the attached land lease, Minimum
Assessment Agreement, and the
240 Regular Session, June 19, 2000
Convention Center Facility
Management Agreement and
presentation by Jim Rix, Chief
Executive Officer of -: Platinum
Hospitality Group, LLC., presented and
read. Buol moved that the
communication be received and filed
and concurred with the
recommendation including the
amended Development Agreement.
Seconded by Markham. Motion carried
7-0.
Mr. Rix spoke and introduced others
involved with the potential development
who also spoke: Barry Thalden,
President of Holden Entertainment
Architects and Charles Neumann an
official of Water Technology Parks
Request of Klauer Manufacturing
Company, 26th and Pinard Streets, to
rezone property from R-2 Two -Family
Residential District to R -2A Alternate
Two -Family Residential District to allow
construction of an employee parking
lot, presented and read. Buol moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending Appendix A
(the Zoning Ordinance) of. the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located at northwest comer of
26th and Pinard Streets from R-2 Two -
Family Residential District to R -2A
Alternate Two -Family Residential
District, presented and read. Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council meetings prior to the Council
meeting at which it is to be finally
adopted be suspended and further
moved that a Public Hearing be held on
the proposed Ordinance on the 5th day
of July, 2000 at 6:30 P.M. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
Request of Hillcrest Family Services
to amend the ID Institutional District to
add classrooms as a permitted use and
allow the installation of a portable
classroom, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
providing for the amendment of
Ordinance 41-92 whichadopted
regulations for the Hillcrest Family
Services Institutional District, presented
and read. Michalski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council meetings prior
to the Council meeting at which it is to
be finally adopted be suspended and
further moved that a Public Hearing be
held on the proposed Ordinance on the
5th day of July, 2000 at 6:30 P.M. in
the Public Library Auditorium and that
the City Clerk publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carried 7-0.
Request to rezone property on U.S.
Highway 20 from C-3 General
Commercial and CS Commercial
Service and Wholesale District to PUD
Planned Unit Development District with
a PC Planned Commercial designation
to allow for development of a new
Menard's store, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Amending Appendix A
(The' Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located along U.S. Highway
20 west of Westside Court from C-3
General Commercial District and CS
Commercial Service and Wholesale
District to PUD Planned Unit
Development District with a PC
Planned Commercial District
designation and adopting a Conceptual
Development Plan, with conditions, for
Menard, Inc., presented and read.
Buol moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council meetings prior to the Council
meeting at which it is to be finally
adopted be suspended and further
moved that a Public Hearing be held on
the proposed Ordinance on the 5th day
of July, 2000 at 6:30 P.M. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
Request of Buesing &
Associates/Plastic Center, Inc., to
rezone the southeast corner of the
Northwest Arterial and Asbury Road
from AG Agricultural District to PUD
Regular Session, June 19, 2000 241
Planned Unit Development with PC
Planned Commercial, PO Planned
Office and PR Planned Residential
designations, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Markham. Motion carried 7-0.
An Ordinance Amending. Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located at the southeast
corner of Highway 32 (Northwest
Arterial) and Asbury Road from AG
Agricultural District to PUD Planned
Unit Development District with PC
Planned Commercial District, PO
Planned Office and PR Planned
Residential District Designations, and
adopting a Conceptual Development
Pian, with conditions, for Plastic
Center, Inc., presented and read. Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council meetings prior to the Council
meeting at which it is to be finally
adopted be suspended and further
moved that a Public Hearing be held on
the proposed Ordinance on the 17th
day of July, 2000 at 6:30 P.M. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Markham. Motion carried 7-0.
City Manager submitting documents
providing for initiation of the bidding
process for Renovation of the Bunker
Hill Building project, presented and
read. Cline moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 285-00
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 for the RENOVATION
OF THE BUNKER HILL BUILDING
PROJECT, in the estimated amount of
$270,000, are hereby approved and
ordered filed in the office of the City
Clerk, for public inspection.
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest. Jeanne F. Schneider, City Clerk
Cline moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 286-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the RENOVATION OF
THE BUNKER HILL BUILDING
PROJECT.
NOW, THEREFORE, BE. IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 7th day of August, 2000, a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, approved and adopted this
19th day of June, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 287-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the RENOVATION OF THE
BUNKER HILL BUILDING 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,
242 Regular Session, June 19, 2000
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to thereceipt of said
bids at 2:00 p.m. on the 20th day of
July, 2000. Bids shall be opened and
read by the City Clerk at said time and
will be submitted to the Council for final
action at 6:30 p.m. on the. 7th day of
August, 2000.
Passed, approved and adopted this
19th day of June, 2000. --
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
There being no further business
Buol moved to adjourn. Seconded by
Markham. Motion carried 7-0. The
meeting adjourned at 9:03 P.M.
/s/ Jeanne F. Schneider
City Clerk
Approv-.ct. .-2 -
2005
Adopte. . f �� i% 2000
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ty Clerk