2000 July Council ProceedingsReqular Session, July 5~ 2000
243
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session;
Wednesday, July 5, 2000
Council met in Regular Session at
6:30 P.M., in the Library Auditorium
Present: Mayor Duggan, Council
Membem Buol, Cline, Markham,
Michalski, Nicholson, Robbins, Cb
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the cai[ and
stated this is the regular session of the
City Council called for the purpose of
acting upon such business which may
propedy come before the City Council.
The invocation was given by Srl inez
Turnmeyer, Director of St_ Mark
Community Center.
PROCLAMATIONS: John Mauss
Day (July 7, 2000) received by Police
Chief John Mauss; Recreation and
Parks Month (July) received by
Recreation Division Manager Pat
Prevenas; and Apples for Students
(July 8 - 23, 2000) received by Sr. ]nez
Tummeyer, of St. Mark Community
Center.
Rick Dickinson, Executive Director,
Greater Dubuque Development
Corporation, gave a verbal progress
report.
Minutes Submitted: Cable TV
Regulatory Commission of 6/7; Cable
Community Teleprogramming
Commission of 6/13; CMl Service
Commission of 5/31 and 6/28; Five
Flags Commission of 5/15; Housing
Commission Trust Fund of 6/13;
Human Rights Commission of 5/8,
presented and read. Buol moved that
the minutes be received and tiled.
Seconded by Nicholson. Motion
carded 7-0.
Pdnted Council Proceedings for
March, 2000, presented and read.
Buol moved that the proceedings be
approved as pdnted. Seconded by
Nicholson. Motion carded 7-0.
Proofs of Publication of Council
Proceedings for 5/15/00 and 6/5/0C
and List of Claims and Summary of
Revenues for month ending April 30.
2000, 9resented ano reaa. Suol
moveo that the 9roofs De received and
tiled. Seconded by Nicho[son. Motion
carded 7-0.
Claims/Suits: Patdck Butler in the
estimated amount of $11.50 for
cleaning of his vehicle; Barbara Freund
in undetermined amount for property
damage; _Tim Patterson in the
estimated amount of $1 000 for vehicle
damage, presented and rose. Buol
moved that the claims be referred to
[ne Legal Dept Secondeo by
Nicholson. Motion carried 7-6.
Corporation Counsel advising the
following claims have been referred re
Public Entity Risk Services of Iowa, the
agent for rne Iowa Communities
Assurance Pool: Joseph L. Hickson for
vehicle damage; R.D. McDonald for
property damage; and Aimee Wagner
for vehicle aamage, 3resented and
read. Buol moved that the
communications be received ana filed.
Seconded by Niche[son. Motion
carried 7-0.
Corporation Counse~ recommending
that the claims of Thomas Buelow for
proper[7 damage, and Craig and Deb
Wurdinger for vehicie damage be
denied, presented and read. Sue
moved that the communication be
received aha tiled and concurred with
the recommendations. Seconoea by
Nicholson Motion carded 7-0.
Corporation Counsel recommending
that the claim of Patdck Butler in the
amount of$11,50 for reimbursement of
car-cleaning costs be approved and
that a check be issued by the Finance
Director, presented and read. Buol
moved that the communication be
received and filed and concurred with
the recommendation. Seconded by
Nicholson. Motion carded 7-0.
Corporation Counsel recommending
that the claim of Barbara Freund for a
sewer backue be received ann filed
ana forwarded to proper personnel,
)resented and read. Buol moved that
[ne communication be received and
fi]ed and concurred with the
recommendations Seconded by
Nicholson. Motion carried 7-0.
Communication from Tara Winger
Regular Session, July 5, 2000
regarding vadous iesues and
communicatior of Cletus J. Winter
regarding the Clarke Drive repaving
project, presented and read. Buol
moved that me communioaflons be
received and filed_ Seconded by
Nicho~son. -Motion carded 7-0.
Reques[ of Greg OrwolL Executive
Director of the Colts, to suspend
enforcement of the residenflai parking
regulations in the area surrounding
Senior H~gh School from 3:00 to 11:00
p.m., on Thursday, July 6, 2000, in
order to hold the annual Music on the
March Program on Datzell Fielo_
presented and read. Buol moved that
the communicatior be received and
flied and concurred with the request.
Seconded by Nichelson. Motion
Pefl~Jon from business owners
requesflng two hour ~arking on [he
east side of Jackson Street from the
comer of Milwaukee Street m the
corner of Ruby Street presented and
read. Buol moved t~at the
communication be received and filed
anc referred to the City Manager.
Seconded by Nicholson. Motion
carded 7-0.
Communication fram the State
Histedcsi Society of iowa advising that
Four Mounds has been accepted for
nomination to the Naflonal Register of
Histedc Places. presented and read.
Buo~ moved that the communication be
received and flied. Seconded by
Nichotsor.. Motion carded 7-0.
Communication from the Iowa
UIJlifies Board expreSSing gratitude for
the comments received on the
proposed 319 area coos changes,
oresented and read_ Buol moved that
the communication be received and
flied. Seconded by Nichoison. Motion
carded 7-0.
City Manager recommending
appointment of Dr. Douglas Butzier as
EMS Medical Director and Dr. Timothy
Bowers as Associate Medical Director
for the Dubuque Fire Department,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Metier
carded 7-0.
RESOLUTION NO. 288-00
APPOINTING PHYSICIAN MEDICAL
DIRECTORS FOR THE CITY OF
DUBUQUE FIRE DEPARTMENT'S
ADVANCED EMERGENCY MEDICAL
CARE AMBULANCE
Whereas the rules of [ne ~owa
Department of Public Health required
that an advanced emergency medical
care ambulance servme authorized by
that Department be under the direction.
advice or orders of a Physician Medica]
Director who supplies professional
expertise for advanced emergency
medical care; and
Whereas, Doctor Douglas Butzier,
MD, and Doctor Timothy Bowers, MD
are Board-Certified Emergency
Deparzmenr Physicians interested ir
serving ~n this caoscity, and sucr
sen,ice is in the best interest of the City
of Dubuque.
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. OWA:
Section 1. That Dr. Douglas Butzier,
MD be hereby appointed as Physician
Medical Direo(or of the City of Dubuque
Fire Deoar[men~s Advanced
Emergency Medical Care Ambulance
Service as authorizec By the Iowa
Department of Public -tea[th.
Section 2. That Dr. Timothy Bowers,
MD be hereby appointed as Associate
Physician Medical Director of the City
of Dubuque Fire Deoartment's
Advanced Emergency Medical Care
Ambulance Service as authorized by
the Iowa Department of ~ublic Heaith.
Passed. approved and adopted this
5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buo[ moveo aoopflon of the
resolution Seconded Dy Nicholson.
Motion carded 7-0.
City Manager recommending the
publication of combined notice of no
significant impact on the environment
and notice of intent to request release
of funds for the Fourth Street Peninsula
Acquisition and Clearance. presenmo
and read. Buol moved that the
communicaflon be received and filed.
Seconded by Nicholsor Motion
carried 7-0.
RESOLUTION NO. 289-00
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR 4TM STREET
PENINSULA ACQUISITION AND
CLEARANCE.
Whereas, the City of Dubuque will
enter into a Grant Agreement for the
Fiscal year commencing July 1, 2000,
with the U.S. Department of Housing
and Urban Development, providing for
financial assistance to the City under
Tide I of the Housing and Community
Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Deparb-nent of Housing and Urban
Development, an environmental review
has been processed for the 4TM Street
Peninsula Acquisition and Clearance
project;, and
Whereas, based on said
environmental review, the Department
of Community and Economic
Development has determined that said
project wi{l have no significant impact
on the environment;, and
Whereas, a combined notice of
"Finding of No Significant Impact on
the Environment" and of "Intent to
Request Release of Funds" for said
project will be sent by ragular mail to
vadous faderal, state and loca! public
agencies; to the appropriate Regional
Oifice of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, individuals and
groups kno~m to be interested and
believed to be appropdata to receive
such a notice; and
Whereas, any and all comments
received as a result of such notice
be duly considered before proceeding
with a Request for Release of Funds
and CeCdficatio n.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE C1TY OF DUBUQUE~ IOWA:
Section 1~ That the City Clerk be
and is hereby authorized and directed
to publish a combined Notice of
Finding of No Significant !mpact on the
Environment and Notice of Intent to
Request Release of Funds for the 4m
Street Peninsula Acquisition and
Ciearence project and te make the
Environmental Review Record for said
project available for public inspection
and comment until 5:00 p.m. on July
26, 2000. Such notice shall be in the
fom~ of F-'<hibit "A" attached hereto and
made a par[ hereof.
Section 2. That the environmental
review record for the project shall be
peaced On file in the Or, ce of the City
CLerk where said record may be
examined and copied by any interested
party,
Section 3, That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S.
Department of Housing and Urban
Development fifteen (15) days after
publication of appropdate notice a
Request for Release of Funds to
undertake the said project_
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision
making, and action assumed and
carded out by the City of Dubuque as
to environmental ~ssues.
Section 5. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the judsdistion of
the federal courts if an action is brought
to enforce responsibilities in relation to
environmental review, decision making
and action.
Section'6. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
environmental review procedures.
Passed, approved and adopted this
5th day of July, 2000.
Torrance M..Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending
submittal of the update for the Fiscal
Year 2001 REAP Plan for Dubuque
County, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Nichoison. Motion carded 7-0.
City Manager recommending
submission of a REAP grant
applicalton to the Iowa Department of
Natural Resources for construction of
the Granger Creek Nature Trail,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 290-00
APPLICATION TO THE IOWA
DEPARTMENT OF NATURAL
RESOURCES FOR A REAP GRANT
FOR THE GRANGER CREEK
NATURE TRAIL AT THE DUBUQUE
TECHNOLOGY PARK
246 Regular Session, July 5, 2000
Whereas, the Iowa Department of
Natural Resources has allocated grant
funds for the developmem of multi-
purpose trails: aha
Whereas. the City has ar adopted
Comprehensive Plan which includes
goals and objectives for the
development of bike/hike trails
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1 That the Mayor is hereby
authorized to sign and the Planning
Services Manager is hereby authorized
to submit the resolution and the
application to the Iowa Deoartment of
Natural Resources for REAP Funds for
the Granger Creek Nature Trail at the
Dubuque Technology Park
Section 2. That in the event said
application is aoorovea, the Cty
Council hereby orovides its written
assurance me completed project will be
adequately maintained for its intended
use for a minimum of twenty (20) years
following project completion
Section 3. Thatthe Cityof~)ubuque
agrees to abide by all local, state, and
federal reouirements applicable to the
proposed project.
Passed. approved and adected this
5th day of July, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Mo'don carried 7-0
submitting the Revised Survey Report
on Architectural/Historical Resources
for Council review/comment, presented
and 'ead. Buol moved 'that the
Seconded by Nicno~son. Motion
carried 7-0.
Communication of Barry A. Lindal"
advising of the status of the pumhase
of property on behalf of the Catfish
Creek Coalition from the Klauer's.
presented and read. Buo[ moved that
the communication De 'eceived and
filed. Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 291-00
ACCEPTING THE DEED TO CERTAIN
REAL ESTATE IN DUBUQUE
COUNTY, IOWA FROM ROBERT D.
KLAUER AND LIVIJA KLAUER
Whereas. the City of Dubuque
entered into an Agreement with Robert
D. Klauer and Livija Klauer for the
purchase of ti~e following described
real property in Dubuque Oounty, Iowa:
Lot One (1) of the Subdivision of Lot
One (1) of the Northwest Fractiona
Quarter of the Northeast Quarter anc
Lot One (1) of the Subdivision of Lot
One (11 of Fractional Government Lot
One (1) all in Section Six (6),
Township Eighty-eight (88) North
Range Three (3) East of the Fifth
Principal Meridian. all es shown oy
recorded p~at thereof, containing ar
area of nineteen and ~inety-sever
hundredths (19.97) acres, more or less
Anc
Lot "A" of Government Lot One (1) in
Section Six (6), Township Eighty-Eight
(88) North, Range Three (3) East of
Fifth Pdncipa~ Meridian. Dubuque
County, of Dubuque, Iowa. ano Lot
One (1) of Rock Cut Subdivision in the
City of Dubuque, Iowa, all shown by
recorded plats thereof, containing ar
area of one and thirty-two hundredths
(1.32] acres more or less.
Anc Whereas, [ne terms of the
Agreement have now been met.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA
AS FOLLOWS;
1 The City of Dubuque hereby
accepts the Deed from Robert D.
Klauer and Livija Klauer. a copy of
which is attached hereto.
2. The City Clerk is hereby
authorized and directed to record this
Resolution with the Dubucue County
Recorder.
Passed. approvea and adopted this
5th day of July, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Michalski 'noved adop~on of the
Resolution Seconded cy Nicholecn.
Motion carded 7-0.
Communication from Tom Stova][.
Executive Director, Operation: New
View, reque~ng a letter of support for
their HAWK-i Outreach Pilot Grant
aoclication presented anc read.
Michalsk[ movea [nat the
communication be received and fitec
ane approved a letter of support.
Seconded by Nicholecn. Motion
carded 7-0.
City Manager recommending
execution of a Preconstruction
Agreement with the owe Department
of Transportation relating [o
construction and future maintenance of
Phase IV of Iowa 32 (Northwest
Arterial), from John F. Kennedy Road
to U.S. 52. presented and read. Buol
Req u la r Session; d ~¥~5¢ 2~0.0 247
movec that the communica~on be 'cad. Buol "noved that me
received and flied. Seconded by communication be received and tiled
Nicholson. Motion carded 7-0_ Seconded by Nicholson. Motion
camed 7-0.
RESOLUTION NO. 292-00
RESOLUTION APPROVING PRE-
CONSTRUCTION AGREEMENT WITH
THE IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO
THE IOWA 32 (NORTHWEST
ARTERIAL) EXTENSION PROJECT
FROM EXISTING IOWA 32/JOHN F.
KENNEDY ROAD INTERSECTION TO
THE CITY'S NORTH CORPORATION
UNE
Whereas, the iowa Depar~nent of
Transportation has developed plans for
the extension of Highway 32
(Northwest Arterial) frorr the iowa
3~John F. Kenneay Road intersection
to the City's north corporation line; and
Whereas, the Iowa Depar~men~ of
Transportation has prepared and
submitted [o me City Counc~ for
approval, a Pre-Construction
Agreement relating to the construction
cost, participation, and respective
maintenance responsibilities of the
consmuctian project and
Whereas, the City of Dubuque
approves the terms and conditions of
said agrasmem.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
Section 1. That Pre-Construction
Agreement No. 99-4-095 consisting cf
an agreement providing for the
extension of Highway 32 (Northwest
Arterial) from the mdsting Iowa 32/John
F. Kennedy Road intersection to the
City's north corporation line be
approved.
Section 2. That the Mayor be
authorized and directed to execute two
copies of this Pre-Construction
Agreement and forward the executed
copies to the Iowa Deparb'nent of
Transportation for their approval.
Passed, approved and adopted this
5"~ day of Ju~,, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution, Seconded by Nicholson.
Motion carded
City Manager recommending
approval of a Community Development
Block Grant Agreement with the U.S.
Department of Housing and Urban
Renewal (HUD) m me amount of
$1,441 000 i"or Program Year
beginning Ju~ 1, 2000. oresented and
RESOLUTION NO. 293-00
RESOLUTION AUTHORIZING
EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT
AGREEMENT WITH THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
Whereas, under provisions of Title
of Housing and Community
Development Act of 1974 as
amended, the City of Dubuaue
prepared and submitted an Annual
Action Plan for a Community
Development Block Grant; and
Whereas, the euomissio~ nas oaen
approved by the U.S. DepaRmen[ of
Housing and Urban Development in the
amount of $1,441,000 for a twelve
month program ¢'ear commencing July
1. 2000 and ending June 30, 2001- and
Whereas, a grant agreement
covedng the ac~Jv~es proposed to be
carried out wiry the Community
Development Block Grant funds has
been Transmitted to the City of
Dubuque by the U. S. Department of
Housing and Urban Development
NOW, THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the Funding
Approval/Agreement authorized by the
U.S. Department of Housing and L~rban
DevaloDment on July 1, 2000 for a
Community Development Block Grant
to the City of Dubuque in the amount of
$1,441,000 and identified as Grant
Number B-00-MC-19-0004 is hereby
accepted.
Section 2. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute said
Agreement on behalf of the City of
Dubuque, rowa.
Passer.. approved and adooted this
5~ day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo moved adoption of the
resolution. Seconaed Dy Nicholson.
Motion carried 7-0
June 21, 2000
Honorable Mayor and Members of
the City Counci
In accordance with ChaD[er 400 of
the 1999 Code of Iowa. an examination
for the Position Of Lead Sanitation
Ddver was given on May 31, 2000. We
hereby certify that the following
248 Regular Session, July 5, 2000
ndMduais have passed this written
examination and the vacancy for this
posi~on should be made from this list
and that this list is good for two (2)
years from above date.
LEAD SANITATION DRIVER
Craig Sorrow Randall Ludowitz
Jim Powers David Sitzmann
Mike Clancy Paul Herman
Rsspectfully submitted
Is/Loras J. Kluesner, Chairperson
Is/Mede Duehr
rs/Richard Wertzberger
CMl Sea, ice Commission
Juno 28. 2000
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the t999 Code of Iowa an examination
for the pos~on of Police Chief was
given on Juno 7, 2000. We 3eraby
cert~, that the fofiowing individuals
have passed this written examination
and the vacancy for this posi+Jon should
be made from this list and that this list
[s good for one (1) year fro~ above
date.
POLICE CHIEF
Michael T. Schnell Harold M Aigyer
William S. Sullivan
Timothy P. McDonald
Michael J. Sullivan John C, Kelley
MeMn L Williams Michael D. King
Kim Bruce Wadding Kevin D. Lindsey
Respectfully subm~ed.
/s/Lords J. Kluesner, Chairperson
/s/Mede Duehr
~s/Richard Wertzberger
Civil Service Commission
Buol moved that the aoove Civil
Se~ce certifications be made a maker
of record. Seconded Dy Nichcison.
Motion carded 7-0.
RESOLUTION NO. 294-00
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.
10 RENEWALS
Billy Buck's East StTap
William & Lynn Meyer 521 E. 22nd
IOCO Speede Shoppe # 93
Iowa Oil Company 3250 Dodge St
lOde Speede Shoppe # 3
Iowa Oil Company 1998 Jackson
IOCO Speede Sheppe # 33
Iowa Oil Company 3200 Central
lode Speede Shoppe # 17
Iowa Oil Company 2150 Twin Valley
IOCO Speede ShoeDe# 2
Iowa Oil Company 2335 University
Ok3/Dok7 #14 Kdstina Chapman
1050 University
Admiral's Hi-Hat Donald B. Meyer
253 Vlam
Ka[mes Braaktime Bar & Grill
Michael/Theresa Kalmes
1097 Jackson
Windsor Tap G & J's Inc
2401 Windsor
Passed. approved and aoopted this
5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider. City Clerk
Buo moveo aaoptior of me
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 295-00
Whereas applications for Beer
Permits have been submitted and filed
To this Council for approve and [ne
same have been examined and
approved; and
Whereas. the premises to ge
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City anc nave filed
J proper bonds.
NOW. THEREFORE. ~3E IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
L B Metcaif, Inc. Cedar Cross AMOCO
+(Sunday Sale) 1200 Cedar Cross
K Chao Foods inc Oky Doky Foods #
14+(Sunday Sale) 1050 University
Rainbo Oil Corn <wik Stop+
(Sunday Sale) 1401 Central Ave
Jena Inc. Oky Doky# 15+
(Sunday Sale) 1101 Rhomberg Ave
Passed, approved and adopted this
5th day Juiy 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F Schneider, City Clerk
Buol moved adoption of the
resotuiton. Seconded by Nicholson.
Motion carried 7-0
RESOLUTION NO. 296-00
Whereas applications for Liquor
Licenses have been submitted to th~s
Council for approval and the same
have been examined and approveo:
and
Whereas the premises to De
occueied by such aee[icants were
respected and found to comply With the
State Laws and al City Ordinances
relevant mereto and they nave filed
Reqular Sessi°n~ JuiCe 5i:2000 249
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"(COMMERClAL)
BEER/LIQUOR LICENSE
Madhatters Inc. Madhatters
+(Sunday Sale) 1091 Main St
Jeff A. Detainer Bodine's+
(Sunday Sale) 1445 Central Ave
Ethel K Schwarlz Airport Inn+
(Sunday Sale) 574 E. 16th St
Plastic Center, Inc. Fischer Lanes
+(Sunday Sale) 880 Locust St
City of Dubuque Dubuque Five Flags+
(Sunday Sale) 405 Main St
Craig J. Weiner Walnut Tap+
(Sunday Sale) 709 University Ave
Richard W. Hirsch fi Fat Tuesdays
(1 Day Outdoor Sale)
1121 University Ave
Passed. approved and adopted this
5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved aaootJen of the
resolution. Seconded by Nicholson.
Motion carded 7-0
BOARDS/COMMISSIONS:
Applicants are invited to address the
Council to express their desire ~o serve
on the following Beards/Commissions:
HISTORIC PRESERVATION
COMMISSION: Christopher J. Wand
(Architect/Au Large). Mr. Wand spoke
requesting consideration for
appointment.
INVESTMENT OVERSIGHT
COMMISSION: Paul Lassance Hiram
Melendez. No one spoke.
PLUMBING BOARD: Stanley G.
Gonner (Master Plumber). No one
spoke.
APPOINTMENTS to the following
Boards/Commissions:
CIVIC CENTER COMMISSION:
Gary Dolphin, Cynthia A. Fuller.
Michalski moved that Gary Dolphin and
Cynthia Fuller be reappointed To the
Civic Center Commission ~or three year
[erms which will expire 6-29-03.
Seconded by Robbins. Motion carried
7-0.
HOUSING COMMISSION: David J.
Kapler, Dan Teo[y. Vote on the
appointment was as follows: Michalski
voted for Teply; Nicholson voted for
Teply; Robbins voted for Kapler; Buol
vo[ec for Kap[er; Cfine voted for Teply;
Duggan voted for Kapler; Markham
voted for Kapler. Therefore, David J.
Kapler appointed to an unexpired three
year term which will expire 8-17-01.
TRANSIT BOARD OF TRUSTEES:
Harry J. Bemis. MichalsM moved that
Harry Bemis be reappointed to a three
year term which will expire 7-30-03.
Seconded by Nicholson. Motion
carded 7-0.
TV CABLE REGULATORY
COMMISSION: Charlie Ellis. Markham
moved that Charlie Ellis be reappointed
to a three year term which will expire 6-
30-03. Seconded by BuoL Motion
carried 7-6~.
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 [o consider rezomng properly
located at 26th and Pinard Streets from
R-2 Two-Family Residential District To
R-2A Alternate Two-Family Residential
Distdct To allow cons[ruction of an
employee'parking lot. presentec and
read. Buol movea that [ne proof and
communication be received and tiled.
Seconded by Robbins. Motion carriea
7-0.
Tom Prechaska of Klauer
Manufacturing spoke in supper[ of the
rezoning.
An Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinaf[ef aescdbed
proper(y located au the northwest
corner of 26th and =inard Streets from
R-2 Two-Family Residential District To
R-2A Alternate Two-Family Residential
District. with first and second readings
g~ven on 6/19/00, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 54-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT NORTHWEST CORNER OF 26TH
AND PINARD STREET FROM R-2
TWO-FAMILY RESIDENTIAL
DISTRICT TO R-2A ALTERNATE
TWO-FAMILY RESIDENTIAL
DISTRICT
NOW, THEREFORE. BE T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
250 Regular Session, July 5, 2000
Sectio~ 1. That Appendix A (the
Zoning Ordinance~ of the City of
Dubuque Code of Ordinances s
hereby amended by reclassifying the
hereinafter described property [rom R-2
Two-Family Residential District to R-2A
Alternate Two-Family Residential
District. re wit:
Lot 283 and Lot 284 Glendale Addition
No. 3. and to the center line of the
adjoining public right-of-way, all in the
City of Dubuque Iowa.
Section 2. The foregoing
amendment has heretofoEe eeen
'eviewed by the Zoning Advisory
Commission of the City of Dubuque,
iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
nrovided by ~aw
Passed. approved and adooted this
5th day of July, 2000.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newsoaper this 10th day of July,
2000
Jeanne F Schneider ~ity Clerk
It 7/10
Buo[ moved final consideration and
passage of the Ordinance Seconded
by Robbins. ~lotion carried 7-0.
Proof of publication on notice of
hearing to consider amending the ID
Institutional Distdct to add c~essrooms
as a permitted Jse and allow the
nstallatJen of a por~able classroom,
presented and read. Duel moved that
me proof be received and filed.
Seconded by Markham. Motion carried
7-0.
Jim Unsen of Hil[crest Family
Services spoke in suppor~ of the
amendment.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
providing for the amenomen~ of
Ordinance 41-92 which adopted
regulations for the Hiilcrest Family
Services Institutional District, with first
and second readings given on 6/19/00,
now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 55A)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
WHICH ADOPTED REGULATIONS
FOR THE HILLCREST FAMILY
SERVICES INSTITUTIONAL
DISTRICT
NOW, THEREFORE BE T
ORDAINED BY THE CITY COUNCIL
OFTHE CITY OF DUBUQUE, IOWA
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances and
Ordinance 41-92 be ameneee Dy
adding classrooms as a permitted use
for the foJlowing property, to wit:
All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of
Link's Subdivision excem [ne
southeester[y 38 feet thereof Lot 2 of
the Subdivision of Lot I of Lot 2 of
Mineral Lot 261: Lot 1 of the
Subdivision of Lot 1 of Lot 2 of Mineral
Lot 261, Mette] Link Place; Lot 2 of Lot
2of Lot' of Lot 2 of Lot l of Lot l of
Link's Subdivision: Lot 1 of Lot 1 of Lot
2 of Lot l of Lot l of Lot 2 of Lot l of
Lot ' of Link's Subdivision: and Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2
of Lot 1 of Lot 1 of Link's Subdivision
LOt 1 and _ct 2 of Peterson's
subdMsion all of Lot 2 of Lot 2 of Lot 1
of Lot 1 of Link's SubdMsion except for
the southeasterly 38 feet thereof, and
to the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Section 2. That in order To
accomplish me purposes of the ID
institutional Distdct and of the Zoning
Ordinance. rne aDova described
proper~y is subjec~ to the following
conditions and restrictions:
A. Use Reaalations
The following regulations shall apply to
all uses made of land in the above
described ID Institutional District:
1) Principal permitted uses shall se
limited to the following:
a) Residential care facilities [18]
b) Classrooms [45]
c) Offices for administrative
personnel or .other institutional
employees or affiliates [14]
d) Off-street parking and loading
iN/Al
e) Recreational or athletic facilities
for the primary use and benefit of
institutional 'esidents or affiliates [45]
f} Existing pdvate uses of structures
situated within an ID District for which
the R-3 District standards shall apply
iN/Al
2) Accessory uses shall be limited to
all uses customarily incidental to the
principal permlttec use in conjunction
with which such accessory use is
operated or maintained, nut not to
Reqular Sess on~ Jat~ ~i~000 25]
include instffutional use outside a
principal building:
B. Lot and Bulk Requlations.
Development of land in the ID
fastitu~onal District shall be regulated
as follows:
1) All building structures and acidities
shall be located in conformance with
the attached amended conceptual
development plan.
2) A minimum front yard setback of 25
feet is required for all structures.
3) Ail final site development plans shall
be approved in accordance with the iD
Institutional Distdct regulations as
provided in the Zoning Ordinance of
the C~ of Dubuque, Iowa.
C. Performance Standard.~
The development and maintenance of
uses in this ID Institutional Distdct shall
be established in conformance with the
regulations of Sec~on 3-5.2 of the iD
InstAudonal District
D. Site Development St'enterS8
The site development standards for this
ID Institutional District shall be
established as follows:
1) Landscaping and screening
requirements shall be established in
accordance with the requirements of
Secfion 4-5 of the Zoning Ordinance of
City of Dubuque, iowa. Ali other site
development standards of Section 4-4
shall apply.
2) Ail portable classrooms located in
this ID District shall be removed by
Hitlcrest Family Services no later than
June 30, 2003.
E. Sian Reaulation.~
The sign regulations shall be the same
as that which are allowed for ID
Distdcte in Section 4-3.11 of the Zoning
Ordinance of the City of Dubuque,
F. Perkins B:tandards
The off-street parking requirement for
the principal permitted uses for the
herein described ID Institutional District
which are designated by a bracket
enclosed number next to the use shall
be as described in Section 4-2.7 of the
Zoning Ordinance of the City of
Dubuque, Iowa, but in no case less
than shown on the conceptual plan
adopted by the City Council on June 1,
1992.
G. Transfer of Ownership
Transfer of ownership or lease of
property in this ID institutional District
shall include the transfer or lease
agreement, the prevision that the
purchaser or leases acknowledges
awareness of the conditionals
euthol~ng the establishment of the
district.
Passed, approved and adopted this
5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 55-00
I, Paul D. Porter, Hiticrest Family
Services, having read the terms and
conditions of the foregoing Ordinance
No. 55-00 and being familiar with the
cond~ons thereof, hereby accept this
same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 5th
day of July, 2000.
By/s/Paul D. Porter
Hillcrest Family Services
Published officially in the Telegraph
Herald newspaper this 10th day of July,
2000.
Jeanne F. Schneider, City Clerk
lt7/10
Buol moved final consideration and
passage of the Ordinance. Seconded
by Markham. Motion carried
Proof .of publication on notice of
hearing to consider rezoning property
on U.S. Highway 20 from C-3 General
Commercial and CS Commercial
Service and Wholesale Distdct to PUD
Planned Unit Development District with
a PC Planned Commercial designation
to allow for devekipment of a new
Menard's store, presented and read.
Buol moved that the proof and
communication be received and filed.
Seconded by Nichoison. Vote on the
motion was as follows:
Yeas--Nicholson. Nays---Michalski,
Robbins, Buol, Ctine, Duggan,
Markham. Motion failed.
Tom O'Neill for Menard spoke in
support of this request
Jim Bardley, Realtor, 8643 Mititary
Rd., spoke in favor of the project.
Tom Prochaska, 1863
Hummingbird, spoke in opposition of
the project.
An Ordinance Amending Appendix
A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifcng 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., with first and second
25_2 Regular Session~ July 5, 2000
readings given on 6/19/00, now
presented for final action. Buol moved
final consideration and oassage of the
Ordinance. Seconded by Nicholson.
Vote on the motion was as follows:
Yeas---Nicholson. Nays---Buol. Ciine.
Duggan, Markham. Michalski Robbins.
MOTION FAILED.
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 Arena Seat
Realacement Project and City_Manager
recommending [o awarc contract for
project, and communication from
Country Roads, Inc. regarding the
Dubuaue Five Flags Arena Seat
Replacement Project and response
from Corporation Counsel Barry
Undah presented and reaa. Buol
moved that the proof and
communicafions be received and filed
Secondec by Nicholson. Motion
carried 7-0.
RESOLUTION 297.0p
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS. on the 5th day of June
2000, plans, specifications form of
contract and estimated cost were filed
with the City Clerk of Dubuque. Iowa
for the FIVE FLAGS CENTER ARENA
SEAT REPLACEMENT PROJECT.
WHEREAS, notice of hearing on
plans, specifications, form of contract
and esumated cost was published as
required by law.
NOW THEREFORE BE IT
RESQLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. OWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of con[tact and
estimated cost for said imorovemems
for said project.
Passed approved and adopted this
5th day of July, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved aooption of the
resolution. Seconded by Nicholsan.
Motion carded 7-0.
RESOLUTION NO, 298-00
AWARDING CONTRACT
WHEREAS. sea~eo proposals nave
been submitted Dy contractors for me
F~VE FLAGS CENTER ARENA SEAT
REPLACEMENT PROJECT pursuant
to Resolution No. 252-00. and notice to
bidders published in a newapaper
published in the City of Dubueue Iowa
on the23rd day of June 2000.
WHEREAS said sealed oroDosals
ware opened and read on the 22nd day
of June, 2000 and it nas been
determined that the bid of School
Specialty n the amount of $166.155
was the lowest bid for the furnishings of
a~ labor ana materials and performing
[ne 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 me contract for the aoove
improvemen~ De awarded to School
Specialty, and the Manager be and s
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 July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Proofs of publication on notice of
hearing on plans and specs and notice
to b~dders on the receipt of bids for the
City Hall Remodeling (Interior Work)
Projec~ ana City Manager
recommending to award contract for
project, presented and read. Markham
moved that the proof ano
communication De received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 299-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 31" day of May,
2000. plans, soecifications, form of
contract aha estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the City Hall Remodeling - interior
Work.
Whereas, "otice 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 me ~)lans,
Regular Sess on, Ju y 5~ 2.000 253
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed; adopted and approved this
5th day of July, 2000.
Torrance M. Duggen, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 300-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
City Hall Remodeling - interior Work
Project pursuant to Resolution No. 257-
00 and notice to bidders published in a
newspaper pub[ishec in the City of
DubL qua, ~owa on the 9th day of June,
2000.
Whereas said sealea proposals
were opened and read on the 27th day
of June, 2000 and it has oeen
determined that the bid of Kluck
Construction of Dubuque, Iowa, in the
amount of $68,000.00 was the lowest
bid for the furnishings of all labor and
materials anc performing the WOrK as
provided for in the plans and
specifications
NOW THEREFORE, BE [T
~ESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the contract for the above
improvemen[ be awarded to KducK
Construction and the Manager be and
is hereby directed to execute a con~acr
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
contractoCs bond. the City Treasurer is
authored and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed. approved and adopted this
5th day of July, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Proofs of publication on notice of
headng on plans and specs and notice
to bidders on the receipt of bids for the
City Hail Remodeling (Exterior Work)
Project and City Vlanager
recommending [o awaro contract for
project, presented and read. Buo
moved that the proof ana
communication be received and tiled.
Seconded cy Nicholson. Motion
carded 7-0.
RESOLUTION NO. 301-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 31* day of May,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the City Hall Remodeling - Extedor
Work.
Whereas, notice of headng on
plans, specifications, form of contract,
and estimated cost was published as
required by [aw.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the said plans, specifications.
form of contract and estimated cost are
hereby approved as me p~ans.
specifications, form of conzrac~ aha
estimated cos[ for said improvements
for said project.
Passed, adopted eno aoDroved this
5th day of July, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buo[ moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 302-00
AWARDING CONTRACT
Whereas sealed proposals have
been submitted by contractors for the
City Hall Remodeling - Exterior Work
Project pu rsuan[ to F~eso[ution No. 260-
00 and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 9th day of June
2000.
Whereas. said sea~eo proposals
were opened and read on the 27th day
of June 2000, and it has aeon
determined that the bid of Kluck
Construction of Dubuque, Iowa. in the
amount of $262.600.00 was the lewes[
bid for the furnishings of all labor ane
materials and performing [ne work as
provided for in the Blahs and
sDecitications.
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 KJuck
Construction and the Manager be and
is hereby directed to execute a con,fac[
on behalf of the City of Dubuque for the
comolete performance of the worK.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's oond, the City Treasurer is
254 Regu ar Sess on, July 5,2000
authorized and instructed to -eturn the
bid deposits of the unsuccessful
bidders.
Passea. approved and adopted this
5th day of Ju~y, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo: movea adoption of [ne
resolufion. Seconded by Nicholson.
Motion carded 7-0.
Proofs of publication on notice of
heating on plans and specs and notice
[o biddem on the receipt of bids for
construction of the Parking Lot at Third
and Main Streets and City Manager
recommending that the bid received be
rejected, presented and read.
Markham moved that the proofs and
communication De received and filed.
Seconded by Robbins. Motion carded
7'-0.
RESOLUTION NO. 303-00
RESOLUTION RESCINDING
RESOLUTION NO. 261-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS FOR
CONSTRUCTION OF THE PARKING
LOT AT THIRD & MAIN STREETS
Whereas, an adve~sement for bids
for the construc~on of the Third Street
Ramp was oublished on June 9, 2000:
and
Whereas, the City Council deemed
it advisable to reject all bids -eceived
and re-bid the project at a later date
with modifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That Resolution No. 261-00,
Prelimina~J Approval of Plans and
Specifications for the construction of
the Third Street Ramp ce rescinded
and that the said ~raject be re-bid at a
later date
Passed, approved, and aoopted
this 5'~ day of July, 2000,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved aooation of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
Proofs of publication on notice of
headng on plans and specs and notice
to bidders on the receipt of bids for
construction of the 2000 PC Concrete
Paving Project No. 2 ~Burden Avenue
and North Burden) and City Manager
recommending to award contract for
project, presented and read Markham
moved that the proofs and
communication be 'ecsived and filed,
Seconded by Nicholson. Motion
carded 7-0
RESOLUTION NO. 304-00
AWARDING CONTRACT
Whereas, sealed propssals have
been submitted by contractors for the
2000 PC Concrete Paving Project- No.
2 pursuant to Resolution No. 280-00
and notice to bidders published in a
newspaper published in the City of
Dubuque, owa on the 8th da? of June.
2000.
Whereas, said sealed cropossls
were opened and read on the 22nd day
of June. 2000, and. t has been
determined that the bid of Tschiggfde
Excavating of Dubuque, owa, in the
amount of $823.841.49 was the lowest
bid for the furnishings of all labor and
materials and per~orming me work as
provided for in the clans ant
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That me contract for the above
improvement be awarded to Tschiggfde
Excavating and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for the
comple[e performance of the work.
BE IT FURTHER RESOLVED:
That upon the s~gning of said
contract and the approval of the
contractor's bond; the Cit7 Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of July, 2000.
-errance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham movao adoption of the
Resolution. Seconded by Nicholsor
Motion carded 7-0.
Buol moved that the rules be
reinstated limiting discussion [o
Council. Seconded by Nicholson.
Motion carried 7-0.
Communication of City Manager
recommending approval of a projecting
sign n the public right-of-way a~ 543
West 8th Street (Michael J. Koch),
tPressnted and read. 3ual moved that
he communication be received and
filed_ Seconded by Markham. Mo'don
carried 7-0.
An Ordinance authorizing Michael
v, Koch to construct a projecting sign at
543 West 8th Street, presented and
read,
Regular Session, Ju V 5, 2000
255
(OFFICIAL PUBLICATION)
ORDINANCE NO. 56-00
AN ORDINANCE AUTHOR[Z. ING
MICHAEL J. KOCH TO CONSTRUCT
A PROJECTING SIGN AT 543 W. 8TH
STREET
NOW THEREFORE, BE T
ORDAINED BY THE CiTY COUNCIL
OF THE CFFY OF DUBUQUE, IOWA:
Section 1. That Michael J. Koch as
the owner of the premises known as
543 W. 8th Street, Dubuque, Iowa.
legally described as Lot 2 of Lot 12 of
City Lot 703, Lot 1 and west 1/2 of Lot
11 of City Lot 688 and paA of City Lot
654, and Lot I of east 1/2 of Lot 11 of
City Lot 688 and part of City Lot 654
be and they are hereby granted the
revocable permit and authority to
construct and maintain a sign under the
terms and cond~ons set forth in this
Ordinance.
Section 2. That such construction
snail be done in accordance with plane
~eretofora submitted by Dermittees 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 cond~onec
on permittaes' agreement to:
a_ Assume any and all liability for
damages to persons or property which
may result from the existence. Iocatior,
installation construction or
maintenance of said sign; and
b_ Procure and maintain in force
dudng the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule: ano
c, Pay en behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated re
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the tscation
installation, existence, construction or
maintenance of said sign, sustained by
any person or Demons, caused Dy
accident or otherv~se to defend at its
own expense and on behalf of said City
an.y. claim against the City of Dubuque
arising out of the location, installation.
e~xistancs, construction or maintenance
of sign and to pay reasonable attorney
fees therefon anc
d ndemnlfy, 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 pemens or damages to property
of third persons, or for damage re any
property of the City of Dubuque which
may occur as a result of or in
connectior with me Iocatior,
installation, existence, constructior.,
maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the uermission
herein granted is expressly conditioned
upon permittees' further agreement thaz
shoulc the dght and prMlege herein
granted be rescinded or revoked by the
City Council permittees, or their
successors in interest, as owners of the
abutting prpperty: snal~ within Ten (10)
days after receipt of written notice from
the City Manager. so to do. at their own
e×oense, remove said sign ano in the
event of their failure to do so. the City
of Dubuque shall be aurnorized 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 remora' of
said sign.
Section 5. That 3ermittees
covenant ~nd agree that the'revocable
permit herein granted does not
constitute an apprava] of the design,
erection, location, construction, repair
or maintenance of said facility ano saic
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque tn rne
event of claim asserted for death.
9ersonal injudes and/or property
damage against the oermittees arising
out of or in any way connected with the
location installation, construction.
design, repair and maintenance of the
facil~ herein permitted.
Section 6. This Ordinance shall
become effective anc the rights
hereunder accrue to Michael J. Koch
when this Ordinance has been aceD[ed
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 O~ce of the
Recorder in and for Dubuque County,
Iowa.
Passed. approved and adopted this
5th day of Jury, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
ACCEPTANCE OF
ORDINANCE NO. 56-00
I. Michael J. Koch the unoersigned,
having read and being familiar with the
terms and conditions of Ordinance '40.
56-00, hereby, for themselves, their
256 Regular Session, July 5, 2000
successors or assigns as owners of
the abutlJng property, accept the same
and agree to be bound by the
cond~ons and agreements therein
contained re be performed Dy
permittaes.
By:/s/Michael J. Koch
Title: Owner
Dated: June 12,. 2000
Published officially in the Telegraph
Herald newspaper this 10th day of July,
2000.
Jeanne F. Schneider, City Clerk
It 7/10
Buot moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is [o De finally
passed De suspended dna further
moved final consideration and passage
of the Ordinance Seconded by
Markham. Motion carded 7-0.
Cb Manager submitting documents
providing for construction 'of the
redesigned Third Street Parking Ramp
and recommending that a public
hearing be set for August 7, 2000 and
communicafion of Bdan ~. Kane,
Counse, for The Fischer Companies,
regarding the design of the Third Street
Parking Ramp, and communication of
P.S. Vedi, Architect for the project,
responding to concerns exoressed by
the Fischer Companlss, presented and
read_ Buol moved that the
communications be received and filed.
Seconded by Nioholson Motion
carried 7-0.
RESOLUTION NO. 305-00
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,
spec~cations, form of contract dna
estimated cost for the Construction of
the Third Street Ramp, in the estimated
amount of $5,000,000.00 are hereby
approved and ordered fi[ed in the office
of the City Clerk. for public inspection.
Passed, approved and adopted this
5~ day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider. City Clerk
Bubl moved adoption of the
resolution. Seconded by N[cholson.
Motion carded
RESOLUTION NO. 306-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas. the City Council of the
City of Dubuque, Iowa has giver its
preliminary approval on the proposeo
clans, specification~ anc forrr of
contract and placed same on file in the
office of tne City Clerk for the public
inspection of the Construction of the
Third Street Ramn
NOW, -HEREFORE BE T
RESOLVEB BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 7= day of August. 2000. a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, al
which interested persons may appear
and be nearo for or against [ne
proposed plans and specifications
form of contract and cost of ss~d
improvement and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to De published in a newspaper
having general circulation in the City of
Dubuque, Iowa. which notice shall be
no[ less than four days nor more than
twenty days pder to the day fixed for its
consideration. At the hearing, any
contract, or estimated cost of the
improvement.
Passed, approved and adop[ed this
5~" day of July, 2000.
Terrance M. Dug9an, Mayor
Attest: Jeanne Schneider, City Clerk
Buol moved aaoptioc of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 307-00
ORDERING BIDS
NOW THEREFORE BE T
RESOLVED 3Y THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Construction of the Third
Street RalT 3 is hereby ordered To be
advertised for bids.
BE IT FURTHER RESOLVED that
the amoun[ of the secudty to
accompany each bid shall be n an
amount which shall conform [o the
provisions of the notice to bidders
hereby approveo as s cart of the plans
and snecificafions heretofore adoo~eo.
That the City Clerk is hereby
directed to advertise for bids for the
purchase of materials herein provided,
to be published in a newspaper having
generai circulation ir the City of
Dubuque iowa which notice sha~ not
be less than four days nor more than
twenty days pnor to [ne receipt of said
bds at 2:00 o.m on the 25m 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 7'" day of
Reqular Session, July 5~ 3000
257
August, 2000.
Passed. approved and adopted this
5~ day of July= 2000
Terrance M. Duggan, Mayor
Attest Jeanne Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicheison.
Motion carded 7-0.
City Manager subm~ng documents
providing for construction of the
Chicago Street Sanitary Sewer
Extension Project and recommending
that a public headng be set for August
7, 2000, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded
such hearing [o be published ir s
newspaper having general circulation
in the City of Dubuque, Iowa. which
notice sha[l be not less than four days
nor more than ~wen~y days pdor to the
day fixed for its consideration. At the
hearing, any interested person may
appear acc file objections to [he
proposed plans, specifications.
contract, or estimated cost of the
improvement.
Passed. adopted and approved this
5th day of July, 2000.
Torrance M. Duggan Mayor
Attest: Jeanne F. Schneider, City Clerk
Micha[ski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 308-00
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 Chicago Street
Sanitary Sewer Extensior Project, in
the estimated amount of S162,880.62,
are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this
5th day of July, 2000~
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the
Resolution. Seconded by Robbins.
Moron carded 7-0.
RESOLUTION NO. 309-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the
City of Dubuque, Iowa has giver its
preliminary approval on the proposed
plans, specifications, and form of
contract anc placed same on file in [he
office of the City Clerk for public
isspectien of the Chicago Street
Sanitary Sewer Extension 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
RESOLUTION NO. 310-00
RESOLUTION OF NECESSITY
Whereas, proposed plans have
seen duly prepares and approved by
the City Council of the City of Dubuque
and are now on file in the office of City
Clerk showing among other things the
plans, specifications, form of contract.
estimated cost and preliminary plat and
schedule showing the amount
proposed to be assessed against each
lot and the valuation of each lot as tiled
by the City Council, for the Chicago
Street Sanitary Sewer Extension
Project
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA4
That the City Council oeems it
advisable and necessary for the public
weifare to make the hera~n mentioned
improvements and unless properly
owners au the time of the final
consideration of this proposed
resolution have or file with the Cr(y
Clerk objections to ~ne resolution of
necessity, they shall be deemed to
have waived ali objections oertaining to
the regularity of the proceeding and the
legality of using the specia:
assessment procedure.
Said improvements shall be
constructed and done in accordance
with the plans and specifications which
have been approved by the City
Council and now on file with the City
Clerk. That the cost and expense of
making such improvement will be
assessed partially or totally against
privately owned property lying with the
assessment limits, and in an amount
not to exceed that provided by law, and
in proportion to the special benefits
conferred.
The portion of the cost which shall
be borne by the City will be paid from
25R Regular Session, July 5, 2000
the capital improvement project for the
C~ Share of Special Assessments
and special assessment Bonds may Be
issued in anticipation of deferred
payments of assessments when a
contract has Deem performed and
accepted and the proceeds thereof
used to Day the contractor.
The above resolution was
introduced, approveo and ordered
placed on file with the City Clerk this
5th day of July, 2000.
Approved and o~acec on ale for
final addon.
Torrance M. Dugg~n, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved aeootion of me
Resolution Seconded Dy Robbins.
Motion carried 7-0.
RESOLUTION NO. 311-00
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the
City of Dubuque, Iowa. has given its
preliminary approval on me proposaa
plans, specifications and -form of
contract and placed same on file in the
office of the City Clerk for public
inspection, for the Chicago Street
Sanitary Sewer Extension Project, and,
Whereas, the proposed Resolution
of Necessity for said imDrevement has
peen introduced ano is now on file in
the City Clerk's office for public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE C~TY OF DUBUQUE IOWA:
That on the 7th day of August,
200C a public headng will beheld at
6:30 o'clock p.m. in the Public Library
Auditorium in me City of Dubuoue au
which time the owners of proper~
subject to assessment for the proposed
improvement or any other person
having an interest in me matter may
appear and be heard for or againstthe
making of the [mBrovemem, the
boundaries of the district, the cost. the
assessment against any lot, or the final
adoption of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed to cause a
notice of time an(~ place of such
hearing to be published in a newspape[
having general circulation in the City of
Dubuque, iowa. which notice shall be
published once each week for two
consecutive weeks, the first publication
of which shall be nat less than ten days
pnor to the aay fixed for its
consideration. Unless proper~ ownem
at the time of the final consideration of
this proposea resolution have on flip
with the City Clerk objections to the
Resolutior of Necessity they shall be
deemed to have waived ali objections
thereto.
Passed adopted and approved this
5th day of July, 2000.
Torrance M. Duggan Mayor
Attest: Jeanne F. Schneider. Cit,, Clark
Michalski moved adoption of rne
Resolution Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 312-00
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
That the attached sheet~. 1 to 1
inclusive are hereby determined to Be
the schedule of proposed assessments
for the Chicago Street Sanitary Sewer
Extension Project and the valuations
set out herein are hereby apprevea.
Passed, approved and adopted this
5th dayof July 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CKy Clerk
Michalski moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7~0.
City Manager submitting documents
providing for construct]on of the Walker
and Oneida Street Storm Sewer
Replacement Project anc
recommending that a public headng be
set for August 7, 2000, presented anc
reap. Buo moved adoDtior of the
resolution. Seconded by Nicholsor
Motion carried 7-0.
RESOLUTION NO. 313-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE ~T
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. OWA:
That the proposed p~ans.
specifications form of con~rac[ aha
estimated cost for the Walker ane
Oneida Street Storm Sewer
Replacement Project, in the estimated
amount of $16C 043.46, are hereby
approved and ordered flied in the office
of the City Clerk for public inspection
Passe(: adopted and approved this
5th day of July, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoBtion of the
resolution, Seconded by Nicholson
Motion carried 7-0.
Reqular SessiOn, July 5;, 20~00 : 259
RESOLUTION NO. 314-00
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 Walker and Oneida
Street Storm Sewer Replacement
Proje~
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 headng will be held at
6:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such hearing to be published in a
newspaper having genera[ circulation
in the City of Dubuque, Iow'a, which
notice shall be not less than four days
nor mare than twenty days pdar to the
day fixed for its consideration. At the
heating, any interested person may
appear and file objections to the
proposed plans, specifisations,
contract~ or estimated cost of the
improvement.
Passed, adopted and approved this
5th day af July, 2000~
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Dual moved adoption of the
resolution. Seconded by Nkihoison.
Motion carded 7-0.
RESOLUTION NO. 315-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Walker and Oneida Street
Storm Sewer Replacement Project is
hereby ordered to be advertised for
bids for construction,
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a 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 C~y of Dubuque Iowa, which
notice shall not be less than four days
nor more than forty-five days pdor to
the rece pt of said bids at 2:00 p.m. on
the 27th day of July, 2000. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to the
Caunsil for final action at 6:30 p.m. on
the 7th day of August, 2000.
PasSed, adapted and approved this
5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Dual moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Dan Walsh, introduced himself as
the new Directar of Gavemment and
Business Affairs for the Chamber of
Commerce, and stated he is looking
forward to working with the City
Council.
At 8:14 P.M. Michalski moved to go
into Clssed Session re: Purchase of
Real Estat~ Caws Code §21.5(1)(j) and
Pending Litigation (lawa Cade
§21.5(1)(c). Seconded by Nicholson.
Motion carded 7-0.
At 8:51 P.M. Council reconvened
Regular Session stating that Staff had
been given proper direction.
There being no fur[her business,
Dual moved to adjaum. Seconded by
Cline. Motion carded 7-0. The meeting
adjourned at 8:52 P.M.
/s/Jeanne F. Schneider
City Clerk
260 Regular Session, July 5, 2000
Council Members
Clerk
Board of Health~ July 17~ 2000 261
DUBUQUE
BOARD OFHEALTH
OFFICIAL
PROCEEDINGS
Board of Heeith met July, 17. 2000
at 6:23 P.M., Public Library Auditorium
PresenT: Chairperson Duggan,
Board Members Buol, Cline, Markham.
Michalski, Nicholson. Robbins.
Chairperson Duggan reaa the call
and stated this is the Regular Session
of the Board of Health called for the
purpose of acting upon such business
which may properly come before the
Board of Health~
Approved
Adooted
2000
Communication of 3ublic Hea~th
Specialist Mary Rose Corngan
regarding update on City Board of
Health Dissolution Transition Process,
presented and read. Michalski moved
that the communication De received
and filed. Seconded by Robbins.
Motion carded 7-0.
Ma~' Rose Corrigan spoke of the
Transition process of the City Health/
Board.
There being no further business,
Robbins movedto adjourn. Seconded
by Nicheisor Motion carried 7-0. The
meeting adjourned at 6:30 P.M.
/s/Jeanne F. Schneider
Secretary, Board of Health
Board of Health
Regular Session, July 17, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session Ju~y
17 2000
Co~mci[ met at 6:30 P~M. in me
Public Library Auditorium .
Present: Mayor Duggan, Council
Members BUd[. C[ins. Markham
Michalski Nicholson. Robbins. City
Manager Michael Van Milligen,
Corporation Counsel Barry A. LindahL
Mayor Duggan read the call and
stated this is the regular session of the
City Council called for the purpose of
acting upon such business which may
properly come before the City Cbuncil.
Invocation was given by Rev. _Ec
Brady, Pastor 3f Faith United ~e~hodist
Church
Minute: ~,irp'ort'C~r~missi~n of 6/26:
Historic Preservafion Commission of
6/15; Housing Commission of 6/28;
Park and Recreation Commissiop of
6/13; Public Library Board of 5/25
presented and read. Buol moved tna~
[he minutes be received and tiled.
Seconded by Nicholscr.. Motion
carded 7-0.
Kenneth- J TeKippe submit~ng the
Financial Report for the month ending
,June 30, 2000, presented and read
Buol moved that toe report be receivec
and filed. Seconded by NichoJson.
Motion carded 7-0.
Proof of publication of Council
Proceedings for 5/18, presented and
rea6. Buol moved that toe proof be
received and filed Seconded Dy
Niche[son. Motion carded
Printed Council Proceedings for
April, 2000 presented and read BUd'
moved that the proceedings de
approved as Odored. Seconded by
Nicholson. Motion carried 7-0.
Claims/Suits Lois one Joseph
Stelken in esfimatec amount of
$396.73 for vehicle damage; Farrr
Bureau Mutual Ins. Subrogation Claim
for Rober~ Gruel in estimated amount
of $810.00 for property (3amage;
Robert E. Welu in ar undetermined
amount for personal injury, presented
and read. Buol moved that the claims
and suits be referred to me Legal Staff
for investigation and report. Secended
by NJcholson. Motion carded 7-0.
Communicatior and peri, on from
David W. Leifker to preserve the Tow-
Clock Plaza and Communication of
Cas~y J. Arensdorf expressing his
oemlon on the oeening of the Tow~
Clock Plaza. presented and read Bud
movec that the communication be
received and tiled. Seconded Dy
Nicholson. Motion carded 7-0
~etifion of residents of Douglas,
Parkway, Langworthy, and College
Streets regarding me upcoming
reconstruction of their streets and the
installation of water ShUt-off boxes and
communicatioc of City Manager
advising that reauested stop boxes are
being used, presented and read. Bud
moved that the petitio~ and
communication be received and filed
Seconded by Nicholson Metier
carried 7-0.
Communication of Chds Austin
reouesting that 1961 and 1975 North
Grandview ce added to the Residential
Parking Permit Distdct C tSenfor High
School area) presented and read.
Buol moved that the communication be
referred [o the City Manager.
Seconded by NJchorson Motion
carried 7-0.
City Manager recommending
acceu~anoe of the Guarantee
Agreement for the purchase of the
Klauer property in Riprow Valley
presented and read. Buol moved that
the communication 9e received and
filed and concurred with the
recommendation. Seconded by
Nicholson Motion carded7-0.
~ity Manager recommending
assignment of the grant agreement to
Prodigy Child Development, inc. under
the new ownership of AJan Arzu,
oresented and read. Buol moved that
me communication be received and
filed. Seconded by Nicholson. MotJo-
carded 7-0.
RESOLUTION NO. 316-00
A RESOLUTION CONSENTING TO
AN ASSIGNMENT AGREEMENT FC R
KINDERLAND LEARNING CENTER
(PRODIGY, INC.) CHILDCARE
INITIATIVE GRANT TO PRODIGY
Re,qu ar Session July 17; 2000
263
CHILD DEVELOPMENT, INC.
Whereas, the City of Dubuque. Iowa,
provided a Child Care Initiative Grant to
~indenane Learning Center, now
known as Prodigy, Inc. on March 13,
1997 for the expansion of [he day care
facility at 715 Locust; and
Whereas, owner Pat Mohr, now
known as Patricia Sco% is proposing to
sell the business asse~s To Ala~ Arzu
under the new corporation of Prodigy
Child Devalopment. Inc.; and
Whereas, Pathcia Scott nas asked
the City To consent to the assignment
of Ch~d Care Initiative Grant
Agreement [o Prodigy Child
Development. Inc.; and
Whereas, the Assignment
~greement hereto atYached and by this
reference made a part hereof, sets
forth the terms and conditions of the
assignment.
NOW, THEREFORE. BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Assignment
Agreement is hereby accepted and
approved.
Section 2. That the Mayoris hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque,
Iowa. the consent of the City of
Dubuque to the attached Assignment
Agreement
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
The lew~ Department of Natural
Resources subm~ng the Wastewa~er
Compliance Evaluation Inspection
repo~ for the Water Pollution ContrC
Plant. presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nichoison. Motion carded 7-0
Cable Franchise Administrator
Merrill Crawford advising of the
vacancy on the Cable Community
Teleprogramming Commission,
oresented and read Michaiski moved
that the communication be received
and filed and expressed gratitude to
Russell Nasn for the his long term of
eer'~ce in this capacity. Seconded Dy
Robbins. Motion carried 7-0.
City Manager recommending Cites
support and participation for the Grand
Excursion 2004 Event. presented and
read. Buol moved that the
communication be received aRC filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 317-00
SUPPORTING THE PLANNING FOR
THE GRAND EXCURSION 2004
EVENT
WHEREAS, the City of St Paul.
Minnesota. has initiated planning for a
'Grand Excursion 2004" event to be
held in 2004 to commemorate the
150th anniversa~, of the 1854
Excursion, and
WHEREAS the historical 1854
Grand Excursion made s stop in
Dubuque' and
WHEREAS. the Grand excursion
2004 event is plannad [o include
communities a]osg the Upper
Mississicpi River to showcase Upper
Mississippi commun~es dverfron~
revitalization effor[s: and
WHEREAS, Dubuque has made
continuous progress in improving its
dverfrant developing downtown historic
commercial districts, and expects to
have addifionai ~er-related
improvements, such as the America's
River project, including the Rive-
Discovery Center and Riverwalk,
hero.rater park, and a new National
Education and Conference Center by
2004; and
WHEREAS. Dubuque nas been
asked to oadJcipate in the Grand
Excursion 2004 event.
NOW THEREFORE BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Hereby expresses the City's support
for the Grand Excursion 2004 even[
concept and its expectation that it will
par~cipate in the Planning for said
event.
BE IT FURTHER RESOLVED:
That the Dubuque Convantiop one
Visitors Bureau is asked [o play the
lead role in planning the Dubuque
portion of the Grand Excursion 2004
with support from the Dubueue Area
Chamber of Commerce, Dubuque
County Historical Society, and
assistance from appropriate City of
Dubuque staff.
Passed, approved and adopted this
17th day of July, 2000.
Terranco M. Duggan. Mayor
Attest: Jeanne F. Schneider. City Clerk
Buo moved adoption of me
resolution. Seconded by Nichoison.
Motion carried 7-0
City Manager recommending To
Regular Session, July 17, 2000
assess $500 Civil Penalty against the
Walnut Tap for selling alcohol to an
underage person, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 318-00
WHEREAS, on June 2, 2000. Craig
Weiner was convicted in Dubuque
County District Court, Docket No.
SMCR042161, of violating owa Code
Section 123.49(2)h (a copy of said
conviction is attachea hereto and
incorporated herein by refere6ce) ana
WHEREAS= atthe time of the above
violation Craig Weiner was the licensee
of the Walnut Tap, and
WHEREAS, said violation is the first
violation of this sec~on within a pedod
of two (2) years, and
WHEREAS, Iowa coae section
123.50(3), as amended crovides that
a icensee who violates said section
shall be assessed a c~vil penalty in the
amount of $500.0Q
WHEREAS. Iowa code section
123.39. as amenaea provides that
local authorities shall retain such civil
penalties if the proceeding zo Impose
me penalty is conducted by the local
authority,
NOW, THEREFORE BE IT
RESOLVED, that the City Council, City
of Dubuque pursuant to the author~ of
[ne above cited sections hereby
in- ~oses a civil penalty in the amount of
$500 against Craig J. Weiner, D/B/A
Walnut Tap, 709 University, Dubuque,
Permit No. LC0023025
FURTHER BE IT RESOLVED that
said license holder has thirty (30) days
from the date of notice of me
Resolution to pay such penalty in full to
the City of Dubuque.
Failure m pay this penaRy shall
result in a fourteen (14) day
suspension of the liquor license and or
beer permit held by the licensee.
BE IT FURTHER RESOLVED that
the City Council. City of Dubuque is
hereby directed to notify the license
holder of this action by providing [o
said license holder a certified copy of
this Resolution. Such notice shall be
ey certified mail. return receipt
requested.
FURTHER that such license holder
is hereby notitied that license holder
has the right to appeal the imeoeition of
this dvil penalty to the Alcoholic
Beverages Division of the Department
of Commerce by tiling written notice of
appeal with said Division and with the
City Council, City of Dubuque within
twenty-one (21) days from the date of
service of this Resolution
FURTHER that the City Council
City of Dubuque shall mail a copy of
this Resolu~on to: Licensing Bureau
Alcoholic Beverages Division.
Department of Commerce, 1918 S.E.
Huisizer Avenue Ankeny, Iowa 50021.
This Resolution is passed this 17th
day of July, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Bual moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
July 11, 2000
Honorable Mayor ano Members of
the City Council
In accordance wifl' Chapter 400 of
the 1999 Code of Iowa an examination
for the position of Account Clerk i was
given on June 20 2000. We hereby
ce~fy that the following individuals
have passea this wdtten examination
and the vacancy for this position should
be made from this list and that this list
is good for two (2) years from above
date
Jeannette C. Raby
Curran J. Smothers
Laurie J. Moe Dan L Hansen
Annette M. Jones Chris G. Feldman
Jean M. Delaney
Sandra M. Stohlmeyer
Deb A. Gross Colleen M. Horsfield
Karen S. Ohnesorge
Gregory L. Williams
Peggy S. Gruber
Richard R. Hansaiman~
Jane M. McCarthy DanieIW. Murphy
Sue A. Welter Sharen A. Geers
Jean A. Waishire Melissa A. McGinnis
Lola A. Twaites Patticia A. Ostrander
Sherti L Wolf Marcia C. Underwood
JacquaiineA. Lambe Mary L. KoehJer
Bevedy K. Mueller
Kathleen E. Rogers
Tara A. Flannery Kris A. Terwilleger
Joan A. Casey Cheryl b Stecke,
Rosemary T. Lehr Nancy b Berry
Respectfully submitted
/sC Loras J. KJuesner. Chairperson
/s/Mede Duenr
/s/Richard Wertzberger
Civil Service Commission
July 11, 2000
Honorable Mayor and Members ~f the
City Council
In accordance with Chapter 400 of
the 1999 Code oflowa, an examination
for the position of Lead Public Safety
Dispatcher was given on June 28,
2000. We hereby cer~fy that the
Reqular Session, July 17, 2000
following individuals have passed this
written examination and the vacancy
for this position should be made from
this list and that this list is good for two
(2) years from above date.
Lead Public Safety Dispatcher
James P. Abitz
John F. Callahan
Beth A. Saylor
Joseph M. Young
Respectfully submitted,
/s/Lorss J. Kluesner, Chairperson
/s/Merle Duehr
/s/Richard Wedzberger
CMl Service Commission
Buo[ moved that the above Civil
Service certifications be received and
filed and made a matter of record.
Seconded by Nichoison. Motion
carded 7-0.
City Manager recommending a grant
Agreement w[t~* the Iowa Department
of Transportation for statewide TEA-21
~ranscortation enhancement funds for
the Railroad Freight Pouse Restoration
Project in the amount of $629,121.
presented and read. Buol moved that
the communication be received and
~iled. Seconded by Nichoison. Motion
carded 7-0.
RESOLUTION NO. 3194)0
RESOLUTION APPROVING A TEA-21
GRANT AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION (IDOT) FOR THE
RAILROAD FREIGHT HOUSE
RESTORATION PROJECT
Whereas, the Dubuque County
Historical Society (DCHS) has beer
awarded a $629.100 gran~ Dy the IDOT
¢or the Railroad Freight mouse
Restoration Project;, and
Whereas. the DCHS nas the
necessary 30% matching funds of
$269.600 available for this project; and
Whereas. the DOT requires
approval of a TEA-21 grant agreement
for this project with the City.
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized to sign and submit this grant
agreement to me IDOT.
Section 2. Thatthe DCHS stipulates
that the Society has the required 30%
matching funds available for this grant_
Section 3. That the DCHS stil3uistes
that it will assume responsibility for
~dequate maintenance of any new or
~rnproved facilities as a result of this
application for ~ ~ninimum of 20 years
265
following project completion.
Section 4. That the City Of Dubuque
and the DCHS hereby agree to abide
by the terms of this agreement with
IDOT.
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City . Manager recommending
approval of a grant agreement with the
Iowa Department of Transportation for
local TEA-21 transportation
enhancement funds awarded by
DMATS for the Railroad Depot
Restoration Project in the amount of
$444,100, presented and read. Buo.
moved that the communication be
received and filed. Seconded by
Nichoison. Motion carded 7-0
RESOLUTION NO. 3204)0
RESOLUTION APPROVING A TEA-21
GRANT AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION (IDOT) FOR THE
RAILROAD FREIGHT HOUSE
RESTORATION PROJECT
Whereas. the Dubuque County
Historical Society (DCHS) has been
awarded a $629.100 grant b,'the IDOT
for the Raiitoad Freight House
Restoration Project; and
Whereas. the DCHS qas the
necessary 30% matching funds of
$269.600 available for this project and
Whereas, the IDOT requires
approval of a TEA-21 grant agreement
for this project with the City.
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CFFY OF DUBUQUE. IOWA:
Section 1. That the Mayor is hereby
authorized to sign and submit this grant
agreement to the IDOT.
Section 2. That the DCHS stipulates
that the Society has the required 30%
matching funds available for this granT.
Section 3. That the DCHS stipulates
that it will assume responsibility for
adequate maintenance of any new o¢
improved facilities as a result of this
application for a m~nimum of 20 years
following project completion.
Section 4. That the City of Dubuque
and the DCHS hereby agree to abide
by the terms of this agreement with
IDOT.
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
266 Regular Session, July 17, 2000
Attest: Jeanne F. Schneider City Clerk
Buel move(: adootion of [he
resolution. Seconded Dy ~licholscn.
Motion carried 7-0.
Histodc Preservation Commission
requesting to keep the brick savemen[
on 15th Street oetween Locust St. and
Main St. when it is reconstructed in FY
2004 presented and read. Buol
moved that the communication be
'eceived and filed. Seconded by
~icholson. Motion carded 7-0.
City Manager recon~mending
approval of a Purchase of Services
Agreemen[ between the Dubuque
Humane Society and the City of
Dubuque for provision of animal shelter
services from Juiy 1. 2000 through
June 30. 2001. eresented and read.
Buol moved that the communication be
received and filed ane concurred with
me recommendation. Seconded by
Nicholson Motion carded 7-0.
City Manager recommending
approval of Hillcrest Usage Agreemem
for use of Murphy Park from November
1st. 2000 through January 12, 2001 for
holiday Fight display, presented and
read. Buo' moveo that the
communication be received and filed
and concurred wm me
recommendation. Seconded by
Nicholson. Motion carried 7-0.
City Manage( requesting approval of
an agreement with IA Dept. of
Transportation relating to early dght-of-
way acquisition for future highway
improvements in the U.S. Corridor from
the City west corporation line to Devon
Dr.. presented and read. Buo] moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 321-00
RESOLUTION APPROVING AN
AGREEMENT WITH THE IOWA
DEPARTMENT OF
TRANSPORTATION RELATING TO
EARLY RIGHT-OF-WAY
ACQUISITIONS FOR FUTURE
HIGHWAY IMPROVEMENTS IN THE
U.S. 20 CORRIDOR
Whereas the Deoartment of
Transportation has prepared and
submitted [o the City Council for
aDoroval, an agreemem relating to the
re[afive resconsibilities of the Iowa
Department of Transportauon to allow
the early acouisition of right-of-way for
corridor preservation and properb'
ownershib economic hardship cases:
end
Whereas the City of Dubuaue
aDDrovea the terms and cond~ons of
said agreement.
~OW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
Section 1. That the Right-of-Way
Agreemen[ for City Street Relocations
and/or Reconstrucuon, No. 2000-1-
182. consisting of an agreement for the
reconstruction of U.S. 20 from tnb west
coreoration Fine easterly [o Devon
Drive, be approved.
Section 2. Thatthe City Manager be
authorized and directed to execute two
(2) copies' of the right-of-way
agreement, and forward the executed
copies to the Iowa Department of
Transportation for their approval.
Passed, adopted and approved this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buoy moved adobtion of me
resolution Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
acceptance of a Quit Claim Deed for a
right-of-way purchase on Pennsylvania
Ave. near the Northwest Arterial from
the Assemblies of God Ministers
Benefit Assn. bresented and read.
Buo[ moved thatthe communication be
received and filed. Seconded by
Nicholsor, Motion carried 7-0.
RESOLUTION NO. 322-00
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON
PENNSYLVANIA AVENUE TO THE
CITY OF DUBUQUE
Whereas, the City of Dubuque
entered into an agreemen[ with
Assemblies of God Ministers Benefit
Association, pursuan[ to whicl'
Assemblies of Gcc Minismrs Benefit
Association agreed to convey ali that
sar[ of the following descdbec propers'
lying north of [he centeriine of
Pennsylvania Avenue: Lot 1 of Lot 1 of
_o[ 2 of Bryne's Subdivision in the City
of Dubuque, Dubuque County, Iowa, as
shown on the Exhibit A thereof and
Whereas. Assemblies of God
Ministers Benefit Association has
executed a conveyance of said
property.
NOW, THEREFORE, SE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. The City Council of the
Regular Session~ July 17, 2000
2,",7
City of Dubuque, Iowa, hereby
approves of, accepts and consents to
the Quit Claim Deed from Assemblies
of God Ministers Benefit Association,
copies of which are attached hereto; as
required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the C~ of
Dubuque any instruments in
connection herewith.
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adop~on of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
City Manager recommending
acceptance of the Bee Branch Storm
Sewer Cleaning Project and the final
contract be established at $307,175.90,
presented and read. Buol moved that
the communication be reCeived and
tiled. Seconded by Nicholson~ Motion
carried 7-0.
RESOLUTION NO. 323-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Bee
Branch Storm Sewer Cleaning Project
has been completed and the City
Manager has examined the work and
flied his certiticate stating that the
same has been completed according to
the terms of the contract, plans and
speciticetions and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Se~on 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the FEMA Public Assistance Funds
and the Storm Sewer Construction
Fund in amount equal to the amount of
this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Dugganl Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 324-00
FINAL ESTIMATE
Whereas, the contract for the Bee
Branch Storm Sewer Cleaning 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 ail 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 $307,175.90 and the said amount
shall be paid from the FEMA Public
Assistance Funds and the Storm
Sewer Construction Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending that the
Administr'4tive Services Manager, the
Finance Director and the Assistant
Finance Director be authorized to
execute electronic investment
transactions with Treasury Direct on
behalf of the City, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 325`00
RESOLUTION AUTHORIZING
CERTAIN DESIGNATED FISCAL
OFFICERS OF THE CITY OF
DUBUQUE TO EXECUTE
ELECTRONIC INVESTMENT
TRANSACTIONS WITH TREASURY
DIRECT ON BEHALF OF THE CITY
OF DUBUQUE, IOWA
Whereas, the City of Dubuque has
established a book-entry account with
Treasury Direct; and
Whereas, the City of Dubuque
invests short-term funds in the U.S.
Treasury securities through Treasury
Direct; and
Whereas, the City of Dubuque can
~mprove cash management through
electronic processing provided by
Treasury Direct; and
Whereas, the City Council has
determined that the fiscal officers who
may execute electronic investment
transactions with Treasury Direct on
behalf of the City of Dubuque are
Administrative Services Manager,
Finance Director, and Assistant
Finance Director.
268 Regular Session, July 17, 2000
NOW. THEREFORE BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE. iOWA:
The Administrative Services
Manager Finance Director. and
Assistant Finance Director are hereby
authorized to execute electronic
nvestment [ransactions w~th Traasu~'
Direct on behalf of the City of Dubuque.
Passeo, approved and aooDted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Bual moved adoption of me
resolution Seconded by Nichoison.
Motion carded 7-0.
City Manager recommending that the
Administrative Services Manager,
Finance Director anc Assistant
Finance Director to sign checks and
drafts on behalf of the City, presented
anc read. Dual moved that the
communication ce received and filed.
Seconaeo by Nicheison. V~otion
carded 7-0.
RESOLUTION NO. 326-00
RESOLUTION AUTHORIZING
CERTAIN DESIGNATED FISCAL
OFFICERS OF THE CITY OF
DUBUQUE TO EXECUTE CHECKS
ON BEHALF OF THE CITY OF
DUBUQUE
Whereas, me City of Dubuque
deposits certain funds in Ioca
commercial banking institutions: and
Whereas, these commercial banking
institutions require authorization by the
City Council for certain fiscal officers to
sign such checks and drafts: and
Whereas, the City Council has
determined that the fiscal officers who
may sign checks and drafts on behalf
of the City of Dubuque are
Administrative Services Manager,
Fir~ance Director and Assistani Finance
Director
',IOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE iOWA:
Section 1 The Administrative
Services Manager, Finance Director
and Assistant Finance DirecTor are
hereby authorized to sign checks and
drafts on behalf of the City of Dubuque.
Section 2. Thatthe foregoing fiscal
officers are also hereby authorized to
sign ~he authorization cards from the
commercia~ banking institutions
Passec approved and adopted this
f7th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Dual moved aooption of the
resolution. Seconded By Nicholson.
Motion carded 7-0
City Manager recommending that
Finance DireCtor Kenneth J. TeKippe
be appointed as City Treasure'
presented and read. Buei moved mat
the communication be received aaa
filed. Seconded Dy Nichoison Motio~
carded 7-0
RESOLUTION NO. 327-00
RESOLUTION NAMING FINANCE
DIRECTOR KENNETH J. TEKIPPE AS
CITY TREASURER FOR THE CITY OF
DUBUQUE, IOWA
Whereas iowa Code §372.8 and §2-
106 of the City of Dubuque Code of
Ordinances state that the City Manager
shall appoint a Treasurer subject to the
aoDroval of the City Council; and
Whereas, the City Manager has
determined that the Finance Director.
Kenneth J. TeKippe, should ~erform
these duties.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the Finance Director, Kenneth
J. TeKippe is hereby appointed as the
City Treasurer for the Cib, of Dubuque,
Iowa.
Passed. approved and adopted this
17th day of July, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F: Schneider, City Clerk
Buol movec adoption of me
resolution. Secondec by Nichoison.
Motion carded 7-0.
City Manager recommending
authorization for the City ~o enter into a
three year ex[ension of membership ir
the Iowa Communifies Assurance Poo'
(ICAP) for insurance coverages
/General Liability, Auto Liability,
Wrongful Acts Officials Liability, Law
Enforcemen[ Liability), which covers
the period of 7/1/02 through 7/1/0E.
presented and teac. Buol moved ina[
the cemmunication be received and
filed and concurred with
recommendation. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending
authorization to sign ~ne U.S Army
Corps of Engineers 404 Construction
Permit Acalication for construction of
the Mississippi River Discovery Center
We~Jand Project, the construction of the
Harbor Walk and the installation of
Boat Docks, presenmo and read. Buol
moved that the communication be
Reqular Session, Jul~l 7+-2000
269
received and filed. Seconded by
Nichoison. Motion carried 7-0.
RESOLUTION NO. 328-00
RESOLUTION AUTHORIZING THE
CITY MANAGER TO SIGN THE
CORPS OF ENGINEERS
CONSTRUCTION PERMIT
APPLICATION FOR THE MISSISSIPPI
RIVER DISCOVERY CENTER
WETLAND CONSTRUCTION IN THE
ICE HARBOR, THE CONSTRUCTION
OF THE HARBOR WALK AROUND
THE EDGE OF THE ICE HARBOR,
AND THE INSTALLATION OF BOAT
DOCKS
Whereas, the Dubuque Historical
Society is proposing to construct the
Mississippi River Discovery Center in
the ice Harbor, and a portion of the
development includes the construction
of a proposed wetland area along the
northwest corner of the Ice Harbor, and
Whereas, a permit application is
required by the U.S: Army Corps of
Engineers; and
Whereas, the City of Dubuque is the
owner of the property and the Dubuque
County Historical Society is leesing the
property, the permit application must
be executed by both parties; and
Whereas, the City Council of the City
of Dubuque approves the terms and
condtlJons of said permit application.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the U.S. Army Corps
of Engineers permit application for the
construction of a wetland along the
northwest comer of the Ice Harbor, in
conjunction with the Mississippi River
Discovery Center Project and Harbor
Walk around the westady edge of the
Ice Harbor, and the installation of
modular transient boat docks, along the
westady edge of the Ice Harbor, be and
hereby is approved.
Section 2. That the City Manager be
authorized and directed to execute four
(4) copies of the permit application and
forward them along with the signature
of the Dubuque County Historical
Society to the U.S. Corps of Engineers
for fur[her review and comment by
various Federal, State, and Local
agencies,
Passed, adopted and approved this
17th day of Juh7, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0,
City Manager recommending
approval of a financial assistance
package to assist the expansion of
Precision Tool & Engineering, Inc.,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 329-00
A RESOLUTION AUTHORIZING A
COMMITMENT LETTER AND THE
EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT
LOAN OF ONE HUNDRED
THOUSAND DOLLARS ($100,000) TO
PRECISION TOOL & ENGINEERING,
INC.
Whereas, under provisions of Title I
of the Housing and Commun~
Development Act of 1974, as
amended, the City of Dubuque has
received Community Development
Block Grant Funds for the purpose of
stlmulafing economic development
actlvifies within the community; and
Whereas, the City of Dubuque, Iowa
desires to assist the further expans on
of Precsion To01 & Engineering, Inc.
and to create new permanent
employment opportunities for Iow and
moderate income citizens; and
Whereas, a Commitment Letter,
hereto attached and by this reference
made a par[ hereof, sets forth the
terms and conditions of Precision Tool
& Engineering Inc/s participation in the
City's CDBG Economic Development
Loan Program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque,
Iowa, the attached Commitment Letter
and to forward said letter to Precision
Tool & Engineering, Inc.
Section 2. That the City Manager be
and he is hereby directed to prepare,
upon receipt and acknowledgment of
the attached Commitment Letter by the
Company, the necessary loan
documents in accordance with the
terms and cond~ons set forth in said
Commitment Letter.
Section 3. Thatthe CH Manager is
hereby authorized to execute, on behalf
of the City Council of the City of
Dubuque, Iowa, all necessary loan
documents and is further authorized to
disburse loan funds from the CDBG
Economic Development Loan Program,
in accordance with the terms and
270 Regular Session, July 17, 2000
conditions of the executed agreement
Passed. approved and adopted this
17th day of July. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of me
resolution. Seconded by NJcholsor..
Motion carded 7-0.
RESOLUTION NO. 330-00
A RESOLUTION AUTHORIZING ECIA
BUSINESS GROWTH, INC. TO
PROCEED WITH A LOAN FROM THE
CITY OF DUBUQUE'S PORTION OF
THE EDA REVOLVING LOAN FUND
OF TWO HUNDRED FOUR
THOUSAND DOLLARS ($204,000) TO
PRECISION TOOL & ENGINEERING,
INC.
Whereas, the City of Dubuque has
funded a portion of the Economic
3evelopment Administration's (EDA~
Revolving Loan Fund (RLF~ which is
administered Dy ECIA Business
Growth Inc.: and
Whereas, Precision Tool &
Engineering, Inc. nas requested
financial assistance from EClA
Business Growth. Inc. of $204.000 for
the further expansion of their business
in the Dubuque Industrial Center; and
Whereas, ECIA Business Growth
Inc. nas reviewed me request and
asked that the City Council authorize
the use of loan funds from the City of
Bubuque's portion of the EDA
Revolving Loan Fund; and
Whereas. the City of Dubuque, iowa
desires to assist Precision Tool &
Engineering, Inc. in this exoansion.
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Sectior 1. That EClA Bus~ness
Growth, Inc. is hereby authorized to
3roceed with a loan to Precision Tool &
Engineering, Inc. from the City of
Dubuque's portion of the EDA
Revolving Lean Fund.
Se~on 2. That the City Clerk is
hereby directed to notify EClA
Business Growth, Inc. of saic
authorization by transmitting a ceFdfiec
copy of this Resolution.
Passed. approved and adopted this
17th day of July, 2000
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
BUd[ moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0
Dubuaue Jaycees, KDTH. KATF
and KGRR Radio requesting
display on Tuesday, July 3, 2001 or
Volunteer Road with a rain date of July
4th, oresented and read. Buol moved
that the commumcation be receivec
andfiled and reeues~ approved, subject
To imolementation by City Manager.
Seconded by Nichoison. Motion
carded 7-0.
City Manager adding support to the
application 'for tax credits to the Iowa
Inn project, presented and read. Buc
moved that me communication be
received anc filed. Seconded Dy
Nicholson. Motion carried 7-0.
RESOLUTION NO. 331-00
NOW THEREFORE. BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the following having comelied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa. be granted a permit to
sell Cigarettes and Cigarette Pacers
within said City.
I RENEWAL
Sid's Beverage Store inc.
Beverly Miller 2727 Dodge St
Passed approved and adopted this
17th dayof July, 2000.
Terrance M Duggan Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Buol moved adoption of the
resolutior.. Seconded Dy Nichoison.
Motion carried 7-0
RESOLUTION NO. 3324)0
Whereas, applications for Beer
Permits have been submitted and filed
To this Council [or approval and me
same have been examined add
approved: and
Whereas. tne premises to Be
OCcuPied by such applicants were
inspected and found to compiy 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 issuedthe following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
(5-DAY SPECIAL EVENT)
Four Mounds Foundation ~c.
Four Mounds Foundation +
(Outdoor Sale) 500 E 4th ST
Dubuque Area Labor Mn~m
Summen'est + (Outdoor Sale-Tent -
A,B,C) Town Clock Plaza
CLASS 'C" BEER PERMIT
Mulgrew Oil Con' 3any
Re.qu ar Session, July 17, 2000
27T
JFK AMOCO Foodshop+(Sunday Sale)
1701 JFK Rd
Jean A. Aithaus Family Beverage
Center +(Sunday Sale)
3400 Central Ave
Passed. approved and adopted this
17th day July, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 333-00
Whereas. applications for Liquor
Licenses nave been submitted to this
Council for approval and the same
have oeen examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inseected and found to complL, with the
State Laws and all City Ordinances
relevant thereto and they have filec
proper bonds.
NOW, THEREFORE, BE ~'
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*(COMMERClAL)
BEER/LIQUOR LICENSE
ADDle Corps, LP. Appiebee's
Neighborhd. Grill & Bar+(Sunday Sale}
1395 Associates Dr
House of China House of China+
(Sunday Sale) 170 JFK Rd
Cud. is L Gerhard Knickers Saloon
+(Sunday Sale) 2186 Central Ave
LTott's & C.Meyers Tott's Tar)+
(Sunday/Outdoor Sale)
3457 Jackson St
Aramark Educational Service
Loras Coliege+(Outdoor Sale)
1450 Alta Vista Dr
CLASS "B" WINE (WB)
Mildred M. Dot[er Basket Expressions
474 Bluff St
Jean A. AIthaus Family Beverage
Center 3400 Central Ave
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoptio~ of the
resolution. Seconded by Nicholson.
Motion carded %0.
sale of Cigarettes within me City of
Dubuque, Iowa. be granted a permit to
sell Cigarettes anc Cigarette Pacers
within said City.
NEW
Madhatters Inc. Dave R Lorenz/
Steve Schirm 1091 Main St
Passed. approved and adopted this
17th day of Ju~y, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, city Clerk
Buo moved adootion of me
resolution. Seconded by Nicho~on.
Motion carried 7-0.
Rer~uest from Dubuque Jaycees to
transfer Class B Beer Permit to 555
West Eight for date of 8/11f2000
presented and read. BuoJ moved ~ha~
~ne reques[ be rece[veo and filed and
approved transfer. Seconded by
Nicholson. Motion carded 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the
Council to express their desire to serve
on the fo[lowing Boards/Commissions:
HOUSING ADVISORY TRUS"-
FUND COMMITTEE: Dods Hingtgen.
Appointments To the following
Boards/Commissions:
HISTORIC PRESERVATION
COMMISSION: Christopher ~. Wand
(Architect/At Large). Michalski moveo
that Christopher J. Wand be aeeointed
~o the unexpired three year term which
will expire 7-1-0;_. Seconded by
Nicholson. Motion :arded 7-0.
INVESTMEN- OVERSIGHT
COMMISSION: Paul Lassance Hiram
MeJendez. MichalskJ moved mat Paul
Lassance and Hiram Me[endez ce
reappointed to three year terms which
will expire 7-1-03. Seconded Dy
Nicho[son. Motion carded 7-0.
PLUMBING BOARD: Stanley G
Gonner (Master Plumber). Markham
moved that Stanley G. Gonner be
appointed to [he Master Plumber
position which will expire 11-02-02
Seconded by Robbins. Motion carried
7-0.
Michalski morea to susoend the
rules to allow anyone present to
address the Council if they so desire
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 334-00
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
Request of Buesing &
Associates/Plastic Center [nc.. to
rezone the southeast corner of the
Nor[hwes[ Ar[edaJ and Asbury Road
from AG Agricultural Distdct To PUD
Planned Unit Development with PC
272. Regular Session, July 17, 2000
Planned CommerciaL, PO Planned
Office and PR Planned Residential
designafions, Pardon from the
residents of the St Cella Street area
neighborhood regarding the proposed
development by Plastic Center, lnc.,
and an Ordinance Amending Appendix
A (the Zoning Ordinance) of the City of
Dubu(~ue Code of Ordinances by
reclassifying hereinafter dsscdbed
property located at the southeast
corner of Highway 32 (Northwest
Arterial) and Asbury Road from AG
Agricultural Distdc~ to PUD. Planned
Unit Development District with PC
Planned Commercial District. PQ
Planned Office and PR Planned
Reeidentiai District Designafions, and
adopting a Conceptual Deve~opmen[
Plan, WT['h cond*~ons, for ~lastic
Center, Inc. , ~ first and second
readings given or 6/19/00, now
presented for further action. Nichelson
moved that this matter be tabled at the
request of Plastic Center, Inc.
Seconded by BuoL Motion carded 7-C.
Request of R. J. Schlitz ~o rezone
property of Larry & Sharon McDermoE
at 3556 Crescent Ridge, from PUD
Planned Unit Development with a PR
Planned Residential District
designation and AG/kgficultural District
to R-1 Single Famity Residential;
communication of Zoning AcMsory
Commission recommending approval
of the request; 3roof of publication on
Notice of ~ublic Hearing to rezone
property at 3556 Crescent Ridge,
Presented and read. Markham moved
that the communications and proof be
received and filed. Seconded by Cline.
Motion carried
R. J. Schlitz spoke reaussfing this
rezoning.
An Ordinance amending Appendix A
(the Zoning Ordinance) of the City
Code of Ordinances by reclassifying
droper~y at 3556 Crescent Ridge from
~lanned Unit Development with a PR
Planned Residential Designation ane
AG Agricultural D[stdct to R-1 Single
:emily Residential, presented and
'ead
(OFFICIAL PUBLICATION)
ORDINANCE NO. 57-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 3556 CRESCENT RIDGE FROM
PLANNED UNIT DEVELOPMENT
VVITH A PR PLANNED RESIDENTIAL
DESIGNATION AND AG
AGRICULTURAL DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from
Planned Unit Development w~h a PR
Planned Residential Designation and
AG Agricultural to F~-I Single-Family
Residential District, to wit:
Lot 1 of Mineral Lot 290, Lot I of Lot 2
of Mineral _et 290, and Lot 2 of Mineral
Let 285. and to the center line of the
adjoining public right~of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore beer
reviewed by the Zoning Advisory
Commissio~ of the City of Dubuque,
Iowa
Section 3. This ordinance shall take
effect immediately ~ son publication, as
provided by law.
Passed, aPProved and adopted this
17th day of July, 2000.
Torrance M Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
~ublished officially in the Telegraph
Herald newspaper this 21 st day of July,
2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved that the
requirement that a proposeo Ordinance
be consideree and voted on for
passage at two Council Meetings pnor
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration anc passage
of the Ordinance. Seconded by C~ine.
Motion carded
Request of Hartig Realty IV, Richard
J. Hartig, to rezone existing Hartig Drug
Store the NW Corner of Central Ave. &
Kaufman location from C-4 Downtown
Commereia To C-3 General
Commercial District communication of
Zoning Advisory Commission
recommending approval of the request
and proof of publication on Notice of
=ublic Hearing m amen~ the Zoning
Ordinance, presented ane read.
Robbins moved that the
communications and proof be received
and i~led. Seconded by Nicholson.
Reqular Session, July 17, 2000
273
Carried Dy the following vote:
Yeas--Nicholson, Robbins BuoL,
Clir e. Duggan, Markham.
Nays---Michalski.
An Ordinance Amending Appendix a
fThe Zoning Ordinance) of the City of
Dubuaue Code of Ordinances by
Reclassifying Hereinafter Described
Prope~ Located at 2225, 2235. 2239-
224' Central Avenue from C-4
Downtown Commercial Distdct to C-3
General Commercial District, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 58-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2225, 2235, 2239-2241 CENTRAL
AVENUE FROM C-4 DOWNTOWN
COMMERCIAL DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT
NOW. THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOW. A:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amendec by reclass~/ying the
hereinafter described property from C-4
Downtown Commercial Distdct to C-3
General Commercial District. to wit:
Lot 5 N 40' of Lot 4, S 10' of Lot 4, Lot
3 N 10' of N 32' of Lot 2, S 22'- N 32' of
Lot2, S f8'of Lot 2. N 4' 8" - N 25'4"
of Lot I S 20' 8"- N 25' 4" of Lot I and
S 24' 8" of Lot 1, all of Tivoli Addition,
and To the center line of the adjoining
public right-of-way all i~ the City of
Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
"evlewed by the Zoning Advisory
Commfssior of the City of Dubuque,
Passed. approved and adopted this
17th day of July, 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 21 st day of July,
2000.
Jeanne F. Schneider. City Clerk
It 7/21
Robbins moved that the requirement
[hat a Proposed Ordinance be
considered and voted on for passage
at ~vo Council Meetings odor to the
meeting at which it is To be finally
gassed be suspended and furths-
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson Carded by the following
vote: Yeas--Nicholson. Robbins. BuoJ
ClJne, ~uggan Markham.
Nays---MichalskL.
Request of The Finley Hospital. 350
N. Grandview. Io expand The Finley
Mospital ID institutional District to a,ow
construcfior of a new medical office
building and off-street parking;
commumcation of Zoning Advisory
Comm. recommending approval of the
requesT; proof of publication on Notice
of Public r~earmg to amend the Finley
Hospital's D Institutional District.
oreesnted and read. Buol moved ma~
the communications and creel De
received and filed, Seconded by
Markham. Mo'don carded 7-0.
Kevir Rogols, Pres. & CEO of The
Finley Hosoital. spoke in request of the
zoning. Dave SchaIler and Rick
Peterson of The Finley Hospital were in
attendance.
An Ordinance amending Appendix A
(the Zoning Ordinance) of the City
Code of Ordinances providing for the
amendment of Ordinance %93 Dy
approving an Amended Conceptual
development Plan for the =inley
Hospital ID Institutional Distdct and
reclassifying hereinafter describes
property located in me 1400 block c'
University and including Allison Place
from R-2 Two Family Residential
District to D Institutional District,
oresented anu read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 59-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY PROVIDING
FOR THE AMENDMENT OF
ORDINANCE 1-03 BY APPROVING
AN AMENDED CONCEPTUAL
DEVELOPMENT PLAN FOR THE
FINLEY HOSPITAL ID
INSTITUTIONAL DISTRICT AND
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
IN THE 1400 BLOCK OF UNIVERSITY
AND INCLUDING ALLISON PLACE
FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT TO ID
INSTITUTIONAL DISTRICT
NOW THEREFORE BE
274
Regular Session, July 17, 2000
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Sec~on 1. That ADcendix A (the
Zoning Ordinancel of the Dubuque
Code of Ordinances be amended by
providing the amendment of Ordinance
35-93 Dy approving an amended
Conceptual Development plan for The
Finley Hosoital ID Institutional District
ana by reclassifying hereinafter
described properzy from R-2 Two-
:emily Residential District m D
Institutional District, to wit:
Lot I_ Lot 2 and Lot 3 of Mii[igan's
Subdivision; Lot I of Lot 1 of Motor
subdMsion: Lot 2, Lot 3, Lot 4. Lot 12,
NVV 223 of Lot 13 SE 1/3 of Lot 13 NW
1/3 of Lot 14 SE 2/3 of Lot 14. Lot 15.
Lot 1 of Lot 16. Lot 2 of Lot 17, Lot 19.
Lot 1 of Lot 20, Lot 2 of Lot 2 of Lot 20
aha Lot 1 of LOt 2 of Lot 20, all of
Finley Home Addition: Lot 2 of Minard's
Subdivision and to the center line of the
adjoining cublic right-of-ways, all in the
City of Dubuque.
Section 2. That in order m
accorr 21ish the purposes of the ID
Institutional District aha of the Zoning
Qrdinance, the property herein above
descdbeP is subject to the following
conditions and restrictions:
A. Use Requlations
The following regulations shall apply to
a uses made of land in the above-
described ID Institutional District:
1) Principal permitted uses shall be
limited to the following:
a) Hospitals. (46)
b) Out-catient care facilities. (36)
c) Offices for aaministrative
personnel or other institutional
employees or affiliates. (14)
d) Classroom, laboratories lecture
halls, auditoriums and similar places of
institutional assembly. (45)
e) Oft-street parking and loading.
(NA)
f) Existing private uses or structu res
situated withir an ID nstitutionm
District for which the R-3 District
standards shall apply. (NA)
g) Facilities and operations for the
diagnosm care and treatment of
human ~ealth disorders, including
examinations [n operating rooms.
pnysical therapy or x-ray facilities
psychiatric treatment, convalescent
care and similar hospital-related uses.
9ut not to include commercial uses or
uses listed as conditiona~ or accessory
uses for this district, this provision
shall include separate doctors clinics
and other medical.facilities not owned
or operated by the principal institution
and included in the conceptual
development plan. (36)
h) Group aay care center (8).
2) Accessory Uses. The following
uses s[3a][ be permitted as accessory
uses m the above-desctibec ID
Institutional Distdcti
a) Restaurants or cafeterias, flower
snoos., gift shops, eno canay, cigar or
magazine stands Cut only when
operated or Iocateti entirely within a
principal building.
b) :acilities with a compounding,
dispensing or sales of drugs or
medicines prosthetic devices, lotions
or preparations, bandages or dressings
and similar medical or health-related
supplies.
c) All uses customarily incidental to
the principal permitted use
conjunction with which such accessory
use is operated or maintained, but not
to include commercial uses outside the
principal building.
B. Lot and Bulk Requlations
Development of land in the iD
institutional District shall be regulatec
as follows:
1) All buildings, structures and activities
shall be located in conformance with
the attached concectua! development
plan and all final site developmem
plans to be approved in accordance
with the provisions of the ID
Institutional Distdct regulations as
pro',qded in the Zoning Qrdinance of
the City of Dubuque iowa.
C. Site Develocment Standards
1) Final site aevelo~ment plans shall
be submitted in accordance with
Section 4-4 of the Zoning Ordinance.
2) The landscaping and screening
requirements shell be established n
accordance with the requirements of
Section 4-5 of the Zoning Ordinance.
D. Additional Standards
1) The oft-street parking requirement
for the principal permitted uses for the
herein described ID institutional District
shall be shown on the attached
amended concectual develonment
Dian.
2) Signage permitted in this ID
institutional District shell be as fotlows:
a) Nine free-standing signs with a
maximum of 50 square feet per sign;
b) One free-standing sign with a
maximum of 100 square feet per sign;
c) 22 wall-mounted signs with a
maximum of 50 square feet per sign;
d) Four well-mounted s~gns with a
maximum of 100 square feet per sign;
e) One wall-mounted sign with a
maximum of 200 square feet;
f) Directional signs, as needed with
a maximum sign area of 10 square feet
Reqular Session, July 17, 2000
275
and 10 feet in height
g) That all other sign regulations not
herein idenfified shall conform to
Section 4-3.11 Schedule for Sign
Regulations for the ID Institutional
District.
3) That all previously approved
conceptual development p[aes are
hereby amended to allow for the
attached conceptual development plan.
E~ Time Limitation
The conceptual development plan shall
be valid for a period of five years
provided final site development plans
are submitted within the five (5) year
time frame. Extensions may be
granted by the Zoning Advisory
Commission at the request of The
Finley Hospital.
F. Tr@nsfer of Ownershic~
Transfer of ownership or lease of
property in this ID Institutional Distdct
shall include the transfer of lease
agreement a provision that the
purchaser or lessee acknowledges
awareness of the conditions
authorizing the establishment of this
distdct
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cb Clerk
ACCEPTANCE OF
ORDINANCE NO. 59-00
l, Kevin Rogols, representing The
Finley Hospital, having read the terms
and conditions of the foregoing
Ordinance No. 59-00, and being
familiar with the conditions thereof,
hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque~ Iowa this 17th
day of July, 2000.
By:/s/Kevin Rogols,
President, The Finley Hospital
Published o~ciaIly in the Telegraph
Herald newspaper this 21st day of July,
2000.
Jeanne F. Schneider, City Clerk
It 7/21
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carded 7-0.
Request of Jim Stock to amend PR
Planned Residential District for Oak
Meadow II to allow construction of a
new private street and 14 additional
condominium units in 7 buildings on
the south side of Brunskill Road and
Deer'wood Circle; communication of
Zoning Advisory Commission
recommending approval with one
condition, that the _p, roposed street be
constructed with 25 wde paving and
30' dght of way with no parking allowed
on either side- proof of Publication on
Notice of Public Hearing to amend the
PR Plannea Residential Distdct
presented and read. Buol moved that
the communications and ~roof De
receivec and filed. Seconded by
Robbins. Motion carried 7-0
Jim Stock spoke in favor of the
rezoning.
An Ordinance amending Appendix A
[zhe Zoning Ordinance} of the City
Code of Ordinances Dy reclassifying
property at 2702 Brunskill Rd. from R1
Single Family Residentia, District To
PUD Planned Unit Deve~oomem
District with a PR Planned Residential
Distdct designation and adopting an
amended ConcepTual Development
Plan with conditions, for Oak Meadows
Condominiums, presented anc teac.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE} OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2702 BRUNSKILL ROAD FROM R~
I SINGLE-FAMILY RESIDENTIAL
DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A
PR PLANNED RESIDENTIAL
DISTRICT DESIGNATION AND
ADOPTING AN AMENDED
CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS, FOR OAK
MEADOWS CONDOMINIUMS.
NOW: THEREFORE BE T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE= IOWA:
Section 1. Appendix A (the Zoning
Ordinance} of the City of Dubueue
Code of Ordinances is hereby
amended by reclassifying me
hereinafter aescribed oroper[y from R-1
Single-Fam~y Residential District To
PUD Planned Unit Development
District with a PR Plannea Residential
designation and adoating an amended
conceptual developmem plan, a copy
of which is attachea To and maae a J3e~
hereof, for Oak Meadows
Condominiums as sra[ed below, to wit:
276 Regular Session, July 17, 2000
Lot 2 of M.L 222, Lot 2 of M.L 223, Lot
2 of Block 1, Lot I thru 4 and Lot A
Block 2 of Oak Meadow 2nd Addifon.
and to the center line of the adjoining
public right-of-way, all in the City of
Dubuque. Iowa.
Section 2. Pursuant to Iowa Code
Section 414.5 (1993), and as an
express condifon of the
reclaesifcatian the undersigned
properb7 owner agrees to the following
condifons, all of whicr the property
owners further agrees are reasonable
and imposed to satisfy the public needs
teat are caused directly by the zoning
reclassification:
A. Use Regulations.
The following regulafions shall apply to
all uses made of land in the above
described PUD District:
1. Principal permftted uses shall be
limited to:
a) 56 condominium units
2. Accessory uses shell include any
use customarily incidental and
subordinate to the principal use it
serves.
B. Lotand Bulk Reeulafions
Development of land in the PUD
District shall be regulated as follows:
1. Ail mult~fam[ly residential structures
in the ~Janned Residential
development shall be constructed in
substantial compliance with the
attached conceptual Dian.
2. All buildings one structures shall
provide a front yard setback from
Brueskill Road of twent~ (20) feet_
C. Performance Standards
The development and maintenance of
uses in this PUD Distdct shall be
established Jn conformance vath
Section 3--5.5 of the Zoning Ordinance
and the fo[lowing standards:
1. The proposed pdvate street (cul-de-
sac} shall be constructed % 25 feet
wide with curb and gu~ter and a 30-foot
dght-of-way.
2. A 'hold harmless" agreement
between the City aha the properly
owners association shall be provided
for damages resulting from solid waste
collection and routine or emergency
maintenance of City utilit7 systems.
3. That a m~mmum of 150 feet
separation be provided between
Deerwood Circle's south access with
BrunsMII Road and the Mulgrsw
propers/driveway access.
4. Recreationalfac[lifes as shown and
noted on the attached Conceptual
Development Plan shall be comoleted
by tee end of the 2000 construc~on
5. Sidewalks as ShOWn and noted on
the attached Conceptual Development
Plan shall be comeleted_by rne eno of
2000 construction season from
Brunskill Road to the last constructed
unit. Thereafter sidewalks shat[ be
installed upon completion of each
building.
6. Street lighting as shown ano no[ed
on the attached Conceetual
Develoomen[ Plan shall be completed
as each chase of the street s
constructed
7. Landscaping as noted on the
attached Concepzual Develoomen[
Plan shall be installed around each
b, ve-unit complex when that complex is
comoleted.
8. Two parking spaces Der dwelling
unit shall ce provided. Additional open
lot spaces shall be provided as shown
on the attached Conceptua
Development Plan n ieu of curbside
parking. No on-street parking allowed
9. Storm water detention shall be
provided as oar City Engineedhg
requirements.
10. Ail utilities, including telephone aec
cable television, shall be installec
underground.
1 I. A final site development plan shal
3e submitted in accordance with
Section 4-4 of the Zoning Ordinance of
the City of Dubuque. Iowa.
12. A Property Owners Association
shall be established
D. aden Space and Recreational
Areas
Open space and andscaping in the
PUD District shall be regulated as
follows:
1. Those areas not designated on the
conceptual plan for development shall
be maintained as open space as
defined by Section 8 of the Zoning
Ordinance. by the proper~y owner
and/or association.
E, Sion Reoufafions
Signs in the PUD Distdct shall be
regulated as follows:
1. Signs shall be allowed in the
Planned Residential Develoemeat in
accordance with the R-4 Multi-Family
Residential Distdct sign regulations of
the Zoning Ordinance.
F. Transfer of Owr~ershiD
Transfer of ownership or lease of
proper~ in this PUD District shall
include in the transfer or lease
agreement a prowsion that ~ne
purchaser or lessee acknowledges
awareness of the conditions
authorizing the establishment of rne
District.
G. Reclassifcation of Subiect Prooertv.
The City of Dubuque, Iowa, may initiate
Regular Session, July 17, 2000
zoning reclsssificatJon proceedings to'
the R-1 Single-Family Residential
Distdct in accordance with Secfion 6 of
the Zoning Ordinance if the property
Owners fail to complete or maintain any
of the conditions of this ordinance.
H. M odifica~on,s
Any modifications cf this Ordinance
must be approved by the City Council
in accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
I. Recordino
A Copy of this ordinance shall be
recorded at the expense of the property
owners with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
r?clsssificafion approval within ten (I0)
oays after the adop~on of this
ordinance. This ordinance shall be
binding upon the undersigned and
his/her heirs, successors and assigns.
Secdon 3. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Section 4. The foregoing
amendment shall take effect 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
17th day of July, 2000·
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 60~00
I, James Stock, property owner,
having read the terms and conditions of
the foregoing Ordinance No. 60-00
and being familiar with the conditions
thereof, hereby accept the same and
agree to the conditions required
therein.
Dated this 15th day of July, 2000~
By/s~ James Stock
Published officially in the Telegraph
Herald newspaper this 21 st day of July,
2000.
Jeanne F. Schneider, City Clerk
It 7/21
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be fina!iy
passed be suspended and further
moved final consideration and passage
of the Ordinance, as amended.
Seconded by Robbins. Motion carried
7-0.
277
Buol moved to rainsta(e the rule
limiting discussion [o the City Council.
Seconded by Nicholson Motion
carded 7-0.
Communication of Thomas W.
O'Neil, Menard, inc., requesting a re-
hearing before the City Council ano
Iowa Department of Transportation
submitting update of alternate corridors
for the Southwest Arterial, with specific
consideration of the aiignmen[ of the
connection to U.S. 20. presented and
read. Michaiski moved that the reouest
be reconsidered. Seconaec Dy BuOl.
Carded by the following vote:
Yeas~Michaiski, Nicholson, Robbins.
Buol, Cline Markham. Nays--Duggan.
Nicholsor then move(] To reconside-
this at the second meeting of AugusT,
2000. Seconded by Buol. Mo'don
carded 7~6
City Manager recommending a
proposed change in the "No Parking"
zone which exists on both sides of
Hardson Street, from Railroad Ave. To
its northehy terminus which would
create a new parking distdct prohibiting
the parking of semi-trailers, presentec
and reaa. Buol moved that the
communication be 'eceived and filed.
Seconded by Robbins. Motion carded
7-0
An Ordinance amending City of
Dubuque Code of Ordinances by
adding a new Section 32-267.:
providing for the establishment o¢
Parking Restrictions for Semitrailers on
designated Streets or Po~ons thereof
and adding certain portions of Hardsor,
StreeT, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 61-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW
SECTION 32-267.1 PROVIDING FOR
THE ESTABLISHMENT OF PARKING
RESTRICTIONS FOR SEMITRAILERS
ON DESIGNATED STREETS' 'OR
PORTIONS THEREOF AND ADDING
CERTAIN PORTIONS OF HARRISON
STREET
NOW THEREFORE, BE IT
ORDAINED BY THE CiTY COUNC!L
OF THE CiTY OF DUBUQUE. IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
lows. be amended by adding the
folio~ng new Section 32-267.1 Lhereof
as follows:
278 Regular Session, July 17, 2000
"Sec. 32-267.1 "Parking Restrictions
for Semitrailers on Designated Streets
or Portions Thereof'.
Where spaces have been
designated by signs or markings for
"No Parking Semitrailers', it shell De
unlawful for the operator of any such
vehicle to stop siena or park in the
following areas:
Hardson Street east side. from
Railroad to its northeny terminus.
Passed, approved and adopted this
17th dayof July, 2000.
Terrance M. Duggan, Mayor
At[est: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
August, 2000.
Jeanne F. Schneider. City Clerk
1 t 8/29
Buol moved ina[ the requirement
[nat [he proposed Ordinances be
considered and voted on for passage
at two Council Meetings arior to the
meeitng at which they are to be finaliy
passed ce suspended and further
moved final consideration and. passage
of the Ordinances. Seconded by
Robbine Motion darded 7-0.
An Ordinance amending Section 32-
262(D) of the City Code Prohibiting
Parking on Designated Streets or
portions thereof by deleting certain
portions of Hardson Street, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 62-00
AN ORDINANCE AMENDING
SECTION 32-262 iD) OF THE CITY
OF DUBUQUE CODE OF
ORDINANCES, PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
BY DELETING CERTAIN PORTIONS
OF HARRISON STREET
NOW THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque
Code of Ordinances is amended By
deleting from Subsection id) of Section
32-262 the following:
Hardson Street, both sides from
Railroad Avenue TO its northerly
terminus.
Section 2. The City of Dubuque
Code of Ordinances is amended by
adding TO Subsection id) of Section 32-
262 the following:
Harrison Street. west side. from
:~ailroad Avenue To its northerly
terminus.
Passed approved and adc pted this
17th day of July, 2000..
Terrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
August. 2000.
Jeanne F. Schneider, City Clerk
I t 8/29
Buol moved that the requirement
that the proposed Ordinances be
considered and voted on for passage
at 'cwo Council Meetings poor To the
meeting at which they are to be finally
passed be suspended aha further
moved final consideration and passage
of the Ordinances Seconded by
Robbins. Motion carried 7-0
City Manager recommending the
filing of the application for Enterprise
Zone Certification for the exoansion of
Enterprise Zone 1 to include the 4th
Street ~eoinsuJa/Ice Harbor area,
presented and read. Markham moved
that the communication be received
and filed. Seconded by Cline. Motion
carded 7-0.
RESOLUTION NO. 335-00
A RESOLUTION AUTHORIZING THE
FILING OF AN APPLICATION WITH
THE IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT
REQUESTING ENTERPRISE ZONE
CERTIFICATION OF AN EXPANSION
OF THE EXISTING ENTERPRISE
ZONE - 1 IN THE CITY OF DUBUQUE.
Whereas, the State of Iowa
Department of Economic Devel0pmen[
(IDED) is taking applications for the
Enterprise Zone program to provide
benefits and incentives for
redevelopment and reinvestment m
areas of a community that meet certain
eligibility c-iteria; and
Whereas, the City of Dubuque, iowa
has identified an area which meets the
eligibility requirements; and
Whereas the City Council of
Dubuque, Iowa has determined that
said designation and cerlJfication of an
expansion of the City's existing
Enterprise Zone - 1 will benefit the local
economy through the creation of new
investment and new jobs for area
residents: and
Whereas, the City of Dubuque, iowa
is eligible m submit an application for
Lhe Enterprise Zone 9rogram.
NOW, THEREFORE BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the filing of an
Reqular Session, July t7, 2000
279
application for Enterpdee Zone
Certification to expand the City's
existing Enterprise Zone - 1 is
approved.
Section2. That the schedule of
value-added property tax exemption for
this Enterprise Zone shall be One
Dollar ($1.00) per year for ten years.
Section 3_ That the Mayor is hereby
authorized and directed to execute, on
behalf of the City Council of the City of
Dubuque, Iowa, the appropriate
Enterprise Zone application.
Section 4. That the City Manager is
directed to submit the application to the
Iowa Department of Economic
Developmem together with such
documents as may be required.
Section 5. That~ once the expanded
Enterprise Zone is der'dried, a copy of
this resmutioc and all supporting
documems be forwarded [o the City
Assessor.
Passed, approved and adopted this
17th day of Juiy, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Markham moved adoption of me
Resolution. Seconded by Cline.
Motion carded 7-0.
City Manager advising of IA Dept_ of
Transportation's denial of City's
request to lower the maximum
allovcable train speed through the City
and requesting direction. Discussion
ensued as to possible actions.
Zoning Advisory Commission Chair
Eugene Bird requesting
reconsideratio~ of a request to
maintain a liaison with the Long Range
Planning Commission, and
consideration of a compromise solution
of me Commissions conducting joint
presented and read. Buol moved ro
deny the request for reconsideration
Seconded by MichalskL Vote on the
motion was as follows: Yeas--Buol,
Michalski, Markham.
Nays--Nicholson, Robbins, Cline,
Duggan. MOTION FAILED. Nicholson
then moved to approve a suspension of
the liaison position for one year and
reviewthe situation then. Seconded by
Cline. Carded by the following vote:
Yess--Cline, Duggan, Markham.
Nicho[ssn. Rcbbins. Nays---Buol,
Michalski.
Eugene Bird. Chair of the Zoning
Comm spokein support of the deletior
of the liaison.
City Manager recommending the
City Council dissolve the City Board of
Health and allocate $15,000 to the
County Board of Health Dept. for the
next three years to assist in funding the
public health priorities, presented and
read. Robbins moved that the
communication be received and tiled.
Seconded by Nicholssn. Carried by
the following vote: Yeas--Nicholson,
Robbins, Buol, Duggan, Markham.
Nays--Michalski. Cline.
An Ordinance amending the City of
Dubuque Code of Ordinances by
Repealing Sec. 23-1 Providing for a
Board of Health: By Repealing Sec. 23-
3 Providing for the Conduct of Appeai
by the Board of Health; By amending
Sec. 7-75 ano 7-81 relating to
Dangerous Animals crssented and
read. Robbins moved that the
requirement that a proposeo Ordinance
De considered and voted o~ for
passage az two Council Meetings pnor
to the meeting at which it is to be finaJly
passed ge suspended and fur[her
moved final consideration and passage
of the Ordinance. Seconded by
Nichoison. Vote on the motion was as
follows: Yess--Nfchoison, Robbins
Buol, Duggan. Markham.
Nays--Michalski, Cline. Motion failed
due to lack of 3/4 VOid.
City Manager requesting a~
add~onal staff person for the Section 8
Housing activity, presented and read.
Buol moved that the communication be
received and tiled and approved
reauest. Seconded by MichaJskL
Motion carded 7-0.
City Manager recommending
authorize the City Manager ~o execute
the contract for services for Phase I of
the Fourth Street Peninsuls Master
Plan m The Currant Group, nc..
oresented and recd. Markham moved
that the communication be received
and I~led and concurred with the
recommendation. Seconded by Buol.
Motion carded
City Council Goal Setting date and
upon consensus it was decided that
this time be scheduJed for 8/28/00 and
8/29100.
City Manager recommending public
headng be held on 8/7/00 to vacate
portion of an alley between 61 and 65
South A[gona, presented and read.
Buol moved that the communication ce
received and filed. Seconded oy
280 Regular Session, July 17, 2000
Nichoison. Motion carried 7-0.
RESOLUTION NO. 336-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED ALLEY
BETWEEN 61 AND 65 SOUTH
ALGONA STREET
Whereas. there has been presented
to the City Council of the City of
Dubuque, ~owa, a plat dated June 20
2000. prepared by IIW Engineem &
Surveyors, P.C.. describing the
proposed vacated arvey between 61
and 65 South A~gona Street: and
Whereas. said plat conforms to the
laws and statutes pertaining thereto.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE ClTYOF DUBUQUE IOWA:
Section 1. That the plat dated June
20, 2000, prepared by IIW Engineers &
Surveyors, P.C., relative to the rea~
estate hereinabove described be and
the same is hereby approved, and the
Mayor and City Clerk be and they are
~ereby authorized and airected [o
execute said plat for and on 3eha[f of
the City of Dubuque, Iowa.
Section 2. That the City Clerk be
and is hereby authonzed 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
17th day of July, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol moved adop~on of the
'esolution. Seconded by Nicholson.
Motion carded 7-0.
An Ordinance vacating the alley
between 61 and 65 South Algona
Street, presented and reaa.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 63-00
ORDINANCE VACATING THE ALLEY
BET~NEEN 61 AND 65 SOUTH
ALGONA STREET
Whereas, Mark La[rd and Wayne
Reicher have requested the vacating of
an alley between 61 and 65 South
Algeria Street; and
Whereas. IIW Engineers &
Surveyors, P.C. has prepared ano
submitted to the City Council a plat
showing the vacated podJon of an alley
between 61 and 65 South Algona
Street and essignea [et numoers
thereto, which hereinafter shall 3e
known and descdbed as Lots 7A and
8A [n O'Neill's Subdivision No. 3 in the
City of Dubuque= Dubuque County,
Iowa;
Whereas. the Cfty Council of the City
of Dubuque, Iowa has determined that
the alley between 61 and 65 South
AJgons Street is no longer required for
public use, and vacating of said
portJoos of an alley between 61 and 65
South Alqons Sb'eet known as Lots 7A
and 8A in C~Neill's Subdivision No. 3 in
the City of Dubucde, Dubuque County,
Iowa should be approveo
NOW THEREFORE BE [T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. Thai the rea~ es[a~e
described as Lots 7A and 8A in
O'Neilrs Subdivision No. 3 in the City
of Dubuque, Iowa, be and the same is
hereby vacated.
Passec approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Published officially in the Telegraph
Herald newspaper this 21 st day of July,
2000
Jeanne F. Schneider, City Clerk
It 7/21
Buol moved mat the reeuirement
that a proposed Ordinance be
considered and voted on for passage
at two Council MeelJngs 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 oy
Nicholson. Motion carded 7-0.
RESOLUTION NO. 337-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN
LOTS 7A AND 8A IN O'NEILL'S
SUBDIVISION NO. 3 IN THE CITY OF
DUBUQUE, IOWA
Whereas. ~4ark Laird and Wayne
Reicher have requested the vacating of
an alley between 61 and 65 South
Algeria Street.
Whereas IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of an alley
between 61 and 65 South Algona
Street and assigned ct numbers
thereto, which hereinafter shall be
known and described as Lots 7A and
8A in O'Neill's Subdivision No 3 in the
City of Dubuque. iowa; and
Whereas the City Council of the City
of Dubuque. Iowa has determined that
this alley oewveen 61 and 65 South
Algooa Szree[ is no longer reouired for
eublic use and vacating ano sale of
said portions of alleys and streets
known as Lots 7A and 8A in O'Neill s
Regular Session, July 17, 2000
Subdivision No. 3 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. Thatthe Ctiy of Dubuque
intends to dispose of its interest in Lots
7A and 8A in O'Neill's Subdivision No.
3 in the City of Dubuque, Iowa.
Section 2. That the conveyance of
Lots 7A in O'Neill's Subdivision No. 3 in
the City of Dubuque, Iowa to Wayne E.
and Rita M. Reicher be contingent
upon the payment of $1.224.25, plus
platting, publication and filing fees.
Secfion 3. That the conveyance of
Lots 8A in O'Neill's SubdMsion No. 3 in
the City of Dubuque, Iowa to Mark
Laird and Shelley Cue be contingent
upon the payment of $1.224.25, plus
piat[ing, publication and filing fees.
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
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CH Clerk
Buol moved adoption of the
resolution and set Public Headng for
this on 8/7/00 at 6:30 P.M. in the Public
Ubrary Audltodurn and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carded 7-0.
City Manager submifting documents
providing for reconstruction of street
and sidewalk improvements for a
posen of Fifth Street from Iowa to Main
Street, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 338-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREEORE, 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 Fifth Street
Reconstruction - Iowa to Main Street
Project, in the estimated amount of
$234,062.18, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
17th day of July, 2000.
Terrance M. Duggan, Mayor
281
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO, 339-00
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 Fifth Street
Reconstruction - iowa to Main Street
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 5:30
p.m. in the Public Library Aud~todum at
whic[' 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
ana is hereby directed to cause a
notice of time and place of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, iowa, which nst~ce shall be
not less than four days nor more than
twenty days Drier to the day fo<ed for its
consideration. A! the headng, any
interested person may appear and file
objeclions to the proposed plans
specifications, contract, or es~ma~ed
cost of the improvement.
Passed, adopted and approved this
17th day of July, 2000
Terrance M. Duggan, Mayor
At, est: deanne F. Schneider, City Cerk
Michalski moved adoption of the
resolution. Seconded by Robbins.
Motion carries 7-0
RESOLUTION NO. 340-00
RESOLUTION OF NECESSITY
Whereas. proposed plans have been
duly prepared and approved by the City
Council of the City of Dubuque an~ are
now on file in the office of City Clerk
showing amon~c other things the plans
specifications, form of con~rac~,
estimated cesz and preliminary plat and
schedule showing me amoum
proposed to be assesSed against each
lot and the valuation of each lot as filed
by the City Council for the Fifth Street
Reconstruction - Iowa to Maln Street
Project
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
282 Regular Session, July 17, 2000
OF THE CITY OF DUBUQUE, IOWA:
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
~mprovements and unless property
owners at the time 0f the final
consideration of this proposed
resolution have on file with the City
Clerk objections ro the resolution of
necessity, they shall be deemed to
have waived all objections pertaining to
the regalarity oft,he proceeding and the
legality of using the special
assessment procedure.
Said improvements sl~all De
constructed and done in accordance
with the plans and specifications which
have ceen approved Dy the City
Council and now on file with the City
Clerk. That the cost and expense of
making such imDrovemem will 3e
assessed padJally or totally against
pdvateiy owned property ~ng with the
assessment limits and ~n an amount
notto exceed that provided b?' law, and
m 3ropoKion to the special 3enefits
conferred.
The poddon of the cost w~ich shall
be borne by the City will be paid from
the Street Construction Fund. and
special assessment bonds may De
issued in anticipation of deferred
payments of assessments when a
contract has beer performed and
accected, and the proceeds thereof
used to paythe contractor.
The above resolution was
introduced, approved and ordered
placed on file with the City Clerk this
17th day of July, 2000.
Approved and placed on file for final
action,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 341-00
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas,,the City Council of the City
of Dubuque, ~owa, nas given its
preliminary approval on the proposed
plans, specifications end form of
contract and placed same on file in the
office of the Cit~' Clerk for public
inspection, for the Fifth Street
Reconstruction - Iowa to Main Street
Project, and,
Whereas, the proposed Resblution
of Necessity for said improvement has
~een introduced and is now on file in
the City Clerk's office for public
inspec~on.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That on the7th day of August, 2000,
a public headng will be held at 6:30
o'clock e.m. in the Public Library
Auditedum in the City of Dubuque az
which time the owners of proper~y
subject to assessment for the proposed
improvement or any other person
having an nterest in the maRer may
appear and be heard for or against the
making of the improvement, zne
boundafiss of the district the cost, the
assessment against any lot, or the final
adoption of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed [o cause a
notice of §me end place of SUCh
heating to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
published once each week for two
consecutive weeks, the first publication
of which shall be not less than ten days
pdor ro the day fixed for its
consideration. Unless properly owners
at the time of the fine consideration of
this proposed -esolution have on file
with the City Clerk objections to the
Resolution of Necessity they shall be
deemed to have waived all obje~ons
thereto.
Passed, adopted and approved this
17th day of Ju~y, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Michalski movea adoption of me
Resolution. Seconded by Robblns.
Motion carded 7-0.
RESOLUTION NO. 342-00
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the attached sheet~ I to 1
inclusive, are hereby determined to be
the schedule of proposea assessments
for the Fifth Street Reconstruction -
owe ro Main Street Project and the
valuations se[ oul herein are hereby
approved.
Passed approved and adopted this
17th day of Jaly 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robblns.
Motion carried 7-0,
City Manager submitting documents
providing for initiation of the bidding
Regular Session, July 17, 2000:
283
process for the construction of a
parking lot at Third and Main Streets,
presented and read. Markham moved
that the communication be received
and flied. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 343-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Construction of
the Parking Lot at Third & Main Streets,
in the estimated amount of $55,460.76
are hereby approved and ordered tiled
in the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
17th dayof July, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 344-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the C~
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for the public
inspection of the Construction of the
Parking Lot at Third & Main Streets.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
· OF THE CITY OF DUBUQUE, iOWA,
that on the 7~ day of August, 2000, a
public headng will be held at 6:30 p.m.
m the Public Library Auditorium, at
which 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 ef such
headng to be published in a newspaper
having general cimulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the headng, any
contract, or estimated cost of the
improvemenL
Passed, approved and adopted this
17th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adop'don of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
RESOLUTION NO. 345-00
ORDERING BIDS
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Construction of the Perking
Lot at Third & Main Streets is hereby
ordered to be advertised for bids.
BE IT FURTHER RESOLVED; that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a par[ of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise'for bids for the purchase of
mstedats herein proVided, td 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 pdor to the receipt of said
bids at 2:00 p.m. on the 1'~ day of
August, 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
17th dayof July, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
At 8:00 P.M. Buol moved to go into
Closed Session re: Purchase of Real
Estate (iowa Code §21.5(1)Ci) and
Pending Litigation (iowa Code
§21.5(1)(c). Seconded by Nichoison.
Motion carded 7-0.
At 8:36 P.M. Council reconvened
Regular Session with statement that
Staff had been given proper direction.
There being no fur[her business,
Buol moved to adjourn. Seconded by
Markham. Motion carded 7-0. The
meeting adjourned at 8:37 P.M.
/s/Jeanne P. Schneider
City Clerk
284 Regular Session, July 17, 2000
Approve~~ o'~. 2000
Adopted~'~/c, ~ 2000
.~.._~0uncil Members