2000 August Council ProceedingsRegular Session, August 7, 2000
285
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
August 7, 2000
Council met in Regular Session at
6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council
Members Clige; Markham, MichalsM,
Nicholson, Robbins, City Manager
Michael Van Milligen, Corporation
Counsel Barry Lindahl.
Absent: Council Member Buol.
Mayor Duggan read the call and
stated this is the regular session of the
City Council called for the purpose of
acting upon such business which may
propedy come before the City Council.
invocation was given by Rev.
Constance Miller, Pastor, St. John
Lutheran Church_
PROCLAMATIONS: Responsible
Gaming Education Week (August 7 -
11, 2000) received by Bruce
Wentworth and George Papanier:
Downtown Month (August, 2000)
received by Linda Herbs'f; and United
Way Campaign Time (August 8 -
October 31, 2000) received by Ran
Kappas.
Minutes: Airport Commission of 716
and 7/24; Civil Service Commission of
6/28 and 7/11; Community
Development Advisory Commissian of
6/20; Five Flags Commission of 6/19;
Housing Commission of 7/11; Human
Rights Commission of 6/12; Library
Board of 6/21; Park and Recreation
Commission of 7/11, presented and
read. Michalski moved that the
minutes be received and filed.
Seconded by Nicholson. Motion
carded 6-0.
Proof of publication of Council
Proceedings for June 12, June 19, and
July 5, 2000; and List of Claims and
Summary of Revenues for month of
May, 2000, presented and read.
Michalski moved that the proofs and
communication be received and filed·
Seconded by Nicholson. Mo~on
carded
Printed Council Proceedings for
May, 2000, presented and read.
Michalski moved that the proceedings
be approved as pdnted. Seconded by
Nicholson. Motion carded 6-0.
Finance Director submitting the
· Quarterly investment Report, presented
and read. Michalski moved that the
communication and report be received
and filed. Seconded by NichoIson.
Motion carried 6-0.
Notices of C a ms and Suits: David
Hennessy in estimated amount of
$483.45 for vehicle damage; Rick
Hillard in undetermined amount for
vehicle damage; DonaM Kohl in
sst~mated amount of $100.78 for
vehicle damage; Beth Miller in
ss~mated amount of $50,000~ Jan Troy
in estimated amount of $33%36 for
property damage; Mona Turner in
undetermiP~d amount for vehicte
damage; and Wells Fargo Home
Mortgage, Inc. versus City of Dubuque,
presented and read. Michatski moved
that the claims'and suits be referred to
the Legal Staff for investigation and
report Seconded by Nicho~son.
Motion carried 6-0.
Corporation Counset advising the
following claims have been referred to
Public Entity Risk Services of iowa, the
for the Iowa Communities
Assurance Pool: Farm Bureau Mutual
Insurance for proper~y damage; Tim
Patterson for vehicle damage; Joseph
and Lois Stelken for vehicle damage;
and Robert and Jeanette Welu for
personal injuries, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
Corporation Counsel recommending
denial of the vehicle damage claim of
Jonathan S. Meyers, presented and
read. Michalski moved that the
communication be received and tiled
and concurred with the
recommendation. ~econded
Nicholson. Motion carded 6-0. by
July 27, 2000
Honorable Mayor and Members of
e City Council
tn accordance w~th Chapter 400 of
the 1999 Code of iowa, an examination
for the pos~on of inspector t vras given
on July 11, 2000. We hereby cer~fy
i that the following indMduats have
)assed this wtit'~en examination and
286 Regular Session, August 7, 2000
the vacancy for this position should be
made from this list and that this list is
good for t'¢~o (2) yearIs] from above
INSPECTOR I
David E. Weide
William K. Clapham
Jay S. Blake
Hugh R. McCarron
Jonn J. Tierney
David G. Fitzgerald
Dennis E. Hackbar~h
James S. O'Meara
Richard Vorwald
Scott J. LaRue
Gregory A. Foley
Dennis J. Lawler
Thomas R. Kopp
Grog Swartz
Shown D. Frazier
Frededk C. Timmermans
Charles K. Bandy Robert A. Hosch
Respectfully submitted.
~'s/Lords J. Kluesner
Chairperson
fsi Mede J. Duehr
Is/Richard Wedzberger
Civil Service Commissio~
Michalski moved that the above CMl
Service certificatiou be made a matter
of record. Seconded by Nicholson.
Motion carried 6-0
Communicafion of John F, Michateki
submitting his resignation from the
Long Range Planning Advisory
Commission and communication :of
Duaine H. GreenfieM submitting his
resignation from me Historic
Preservation Commission presented
one read. Michalski moved that the
communications be received and filed.
Seconded Dy Nicholson. Motion
carried
Communication of Lloyd S.
Gudenkauf requesting a 180 day
extension for the inataHafion of
Improvements for Jaeger Heights
Subdivision. presented and reae.
Michalski moved that this be referred to
the City Manager. Seconded by
~icholson. Motion carded 8-0.
Communication of E.C
Vandenburgn regarding damages m
Clara Coud presented and read.
Micha[ski moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 8-0.
City Manager recommending that
ce~ain City employees be authorized
To execute checks on behalf of the City,
presented and read. Michalski moved
that the communication be rece~vea
and filed. Seconded Dy Nicholsen.
Motion carried 6-0.
RESOLUTION NO. 346-00
RESOLUTION AUTHORIZING
CERTAIN DESIGNATED
EMPLOYEES OF THE CITY OF
DUBUQUE LIMITED
AUTHORIZATION TO EXECUTE
CHECKS ON BEHALF OF THE CITY
OF DUBUQUE, IOWA
i Whereas, the City of Dubuque
deposits certain funds for specific use
in Iocai commercial banking
institutions; and
Whereas the commercial banking
institutions re(~uJre author'Bation by the
City Council for City employees to s~gn
checks and drafts drawn on such
banldng inst~tions' anc
Whereas. the City Council I~es
determined that the City employees
who may sign checks and drafts drawn
on designated accounts on behalf of
the City of Dubuque are Five Flags
Civic Center ~lanager and
Concessions Manager for checks
issued for the City of Dubuque Five
Fl~s Civic Center Concessions
Account drawn on account number
2819000282-1 at FIRSTAR Bank in
Dubuque and the Leisure Services
Manager and Five Flags CMc Center
Manager for checks issued for the City
of Dubuque Five Flags CMc Center
Ticket Office Account draw~ on
account number 281900013-0
FIRSTAR Bank Jn Dubuoue.
NOW. THEREFORE. BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section t. The Five Flags Civic
Center Manager and Concessions
Manager are hereby author~ed to sign
checks and drafts on behalf of the City
ef Dubuque for checks issued for [ne
Five Flags CMc Center Concessions
2819000282-1 at F[RSTAR Bank tn
Dubuque.
Sectior 2. The Leisure Services
Manager and Five Flags CMc Center
Manager are hereby authorized to sign
checks and drafts on behalf of the City
of Dubuaue for checks issued for the
-~iva Flags Civic Center Ticket Office
Account drawn on account number
281900013-0 at FIRSTAR Bank in
Dubuque.
Paesar. approved and adopted this
7th day of August, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Michalsk moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded
City Manager recommending
acceptance of the r~eron Pond
Wetlands Nature Trail Project,
Regular Session~ Augu_At 7, 200.0
287
presented and read. Micha[ski moved
that the communication be received
and filed. Secondec by Nicholson.
Motion carded
Attest: Jeanne F. Schneider. City Ctsrk
Michalski moved adootion of [ne
Resolution. Secondec by Nicholson.
Motion carded
RESOLUTION NO. 3474)0
ACCEPTING IMPROVEMENT
Whereas~ the contract for the Heron
Pond Weflands Nature Trail Project
has been completed and the City
Manager has examined the work and
flied his certificate stating that the same
has been completed according to the
terms of the contract, plans ant
specifications and recommends its
~OW THEREFORE, BE T
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Se~on 1 Thatthe racommendaflon
of the City Manager be approved and
that said improvement be and the
same~s hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from '
the Resource E~}hancement and
Projections Grant (REAP) and the
General Fund in amount equal to the
amount of this contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
7th day of Augus~ 2000.
Tarranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 348-90
FINAL ESTIMATE
Whereas, the contract for the Heron
Pond Wetlands Nature Treil Project
has been complated and the City
Engineer has submitted his final
estimate showing the cost thereof
inctuding the cost of estimates, notices
and inspection and ali miscellaneous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $167,I02.45 and the said amount
shall be paid from the Resource
Enhancement and Projections Grant
(REAP) and the General Fund cf the
City of Dubuque, Iowa.
Passed, approved and adopted this
7th day of August, 2000.
Torrance M. Duggan, Mayor
City Manager recommending
acceD~anca of the 1999 PC Paving
Project, No. 2, presented and read.
Michalsk moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carded 6-0.
RESOLUTION NO. 3494)0
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1999
PC Concrete Paving Project - No. 2 -
i Arlington St_ and West Fifth, Bluff to
Hill St.. nas been completed and the
City. Manager has examined the work
and ti]ed his cer~flcate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends-- its
NOW THEREFORE, BE IT
'*~ESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on i~ Thatthe recommendation
cf the C~ Manager be approved and
that said improvement be and the
same is hereby accepted.
BE iT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Street Construction Fund, the Local
Option Salss Tax Fund, the General
Fund, and the Read Use Tax Fund in
amounts equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
7th day of August, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalsk[ moved adoption of the
Resolution. Seconded by Nichobon.
Motion carded 6-0.
RESOLUTION NO. 3504)0
FINAL ESTIMATE
Whereas, the contract for the 1999
PC Concrete Paving Project - No. 2 -
Arlington St. and West Fif~, Bluff to Hill
St., has been completed and the City
Engineer has submitted his final
ssflmate showing the cost thereof
including the cost of estimates, notices
and inspection and att miscellaneous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the cast of said
288 Regular Session, August 7, 2000
imorovemen~ is hereby determined to
be $820 487.29.
Section 2. That $138,091.94ofthe
cost thereof shall be assessable uean
private prcper~7 and $548.971.55 shall
be paid from the Street Construction
Fund.
Passed approved and adopted this
?th day of August, 2000.
Terranca M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Michalski movec adoption of the
Resolution. Seconded by Nicholecn.
Motion carried 6-0.
RESOLUTION NO. 351-00
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF FINAL
ASSESSMENTS FOR THE 1999 PC
CONCRETE PAVING PROJECT - NO.
2 -Arlington SL and West Fifth, Bluff
to Hill SL,
NOW THEREFORE,' BE IT
RESOLVED BY THE CITY COUNCIL
~ OF THE CITY OF DUBUQUE. IOWA:
That the attached sheets, ~1 to 5, are
hereby determined to be the
preliminary schedule of propesee
assessments for the 1999 PC Concrete
Paving Projec~ - No. 2 anc the
valuations set out herein are hereby
approved.
Passed, approved and adopted this
7th day of August, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider. City Clerk
Michalski moved adoption of ~ne
Resolution Seconoeo by Nicholson.
Motion carded 6-0.
City Manager recommending
approval of a City/County pavement
marking agreemenT, presented an(]
read. Michaiski moved that the
communication ~e received and fi[ed
Seconded by Nicholecn. Motion
carded 6-0.
RESOLUTION NO. 352-00
RESOLUTION APPROVING A
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF DUBUQUE
AND DUBUQUE COUNTY FOR THE
PAINTING OF PAVEMENT
MARKINGS ON STREETS AND
ROADS
Whereas Chapter 368 of the Code
of ~ow~ was amended in lg94 Dy
Senate File 418 regardin9 seconaary
road resoonsibilities when proposed
annexations included property on cmy
one side of an existing roadway; end,
Whereas, the City of Dubuque, iowa.
and Dubuque County, Iowa, agree that
the painting of pavement markings
divided down the centerqine of
roadways is neither cost-efficiem or
practical: and.
Whereas. it is necessary that the
City of Dubuque and Dubuque County
enter into an Agreement regarding the
painting of pavement markings on
these roadways.
Whereas. me City of Dubuaue
agrees m perform for Dubuque County,
the painting of pavement markings on
those streets as tisted in the attached
Agreement: and
Whereas. Dubuque County agrees
to perform for the City of Dubuoue. the
aerating of pavement markings on
those portions of roads as listed m the
attached Agreement
NOW THEREFORE. BE
RESOLVED BY THE CITY COUNCIL
OFTHE CITYOF DUBUQUE IOWA:
Section I That the City Council of
the City of Dubuoue. iowa, hereby
approves the attached Agreement with
Dubuque County for the painting of
pavement markings as listed in the
attached Agreement and the Mayor is
hereby authorized and directed
execute the Agreement on behalf of the
City cf Dubuque.
Passed. approved and adopted this
7th day of August, 2000.
Terrenca M. Duggan, Mayor
Attest: Jeanne F. Schneioer, City Clerk
M chalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
City Manager recommenaing
accectance of the public improvements
in the Tiffany Ridge SubdMsio~
presented and read. Micha[ski moved
that the communicatior be received
and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 353-00
ACCEPTING IMPROVEMENTS IN
TIFFANY RIDGE
Whereas, pursuant ~o Resolution
No. 421-93 certain improvements
including s~eet paving, storm sewer
sanitary sewer, watermain and .s~reat
lighting were installed by the develooer
of Tiffecy Ridge; and
Whereas. the improvemenm have
been comDlereo and the City Manager
nas examined the work and has filed a
caCdflcate stating that ~ne same has
been comoleted in accordance with the
piaes approved by the City Council and
in conformance with City specifications
ReqularSession~August 7,2000 . 289
and has recommended that the
improvements be accepted by the Cr~
Council
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 improvements in ~-~any
Ridge be and the same is hereby
accepted.
Section 2. That maintenance of said
imorovemen~s shall be the
responsibility of the contractor and the
owner for a pedod of two years from
thio date
Passed, adopted and approved thio
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
C. ommunication of CH Manager
recommending an amendment to the
-~ Code of Ordinances, rresentad and
read. Michatski moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 6-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances by~
changing the reference in Sections 10-
23, 10-24, and 10-38 from "Dock
DMsion Manager" to "City Manager,"
presented and read. Michalski moved
that this be the first reading of the
Ordinance_ Seconded by Nicholson.
Moflon carded 6-0.
The following was pulled from thio
Agenda and will be put on the 8/21/00
Agenda: City Manager recommending
an amendment to the Chamber of
Commerce Development Agreement
and a Resolution Approving and
authorizing execution of an amended
and restated Development Agreement
by and among the City of Dubuque,
Harbor View Development, LLC, and
the Dubuque Area Chamber of
Commerce.
City Manager recommending
acceptance of the Skate Park Concrete
Slab Construction Project, presented
and read. Michalski moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carded 6-0.
RESOLUTION NO. 354-00
ACCEPTING IMPROVEMENT
WHEREAS the contract for [ne
Skate Park Concrete Slab Construction
Project nas oeen completed and the
City Manager has examined the work
and tiled his certiticate stating that the
same has been completed according
the terms of the conzrac~, plans and
specitications and recommends its
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section I. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 2000 appropdaflons in
the amount of $43,334.57 in General
Funds, in amount equal to the amount
of this contract, lees any retained
percentage provided for therein.
Passed, approved and adopted this
7t~ day of August, 2000.
Terrance M. Duggan, Mayor
Attest. Jeanne F. Schneider, City Clerk
MichalskJ moved adop~on of the
Resolution. Seconded by Nicholson.
Motion card, ed 6-0.
RESOLUTION NO. 355-00
FINAL ESTIMATE
WHEREAS, the contract for the
Skate Park Concrete Slab Construction
Project has been completed and the
Engineer has submitted his tinal
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and ail miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, by the CH Councii of the
City of Dubuque, iowa:
Section 1. That the cost of said
improvement is hereby determined to
be $43,334.57 and the said amount
shall be paid from the Fiscal Year 2000
General Fund appropda~ons of the City
of Dubuque, Iowa.
Passed, approved and adopted this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adop~on of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
. C~y Manager advising that Carnegie
S~out Public Library has again been
awarded futl certification by the State of
Iowa, presented and read. Michaiski
moved that the communication be
received and flied. Seconded by
290 Regular Session, August 7, 2000
Nicholson. Motion carded 6-0
City Manager recommending
approval to allow Crime Stsppem to
place their signs on sign posts
throughout me City, presented and
read ~lichalaki movea that the
communication Da receivec and filed
and concurred with the
recommendation. Seconded by
Nichoison. Motion carded 6-0.
Reques~ from Rigel Corporatior
(Godfathers P~za) of a liquor license
refund in the amount of $225.00,
presented and read. MichalskJ moved
that the reeuest be received and filec
and approved request. Seconded by
Nicholson. Motion carded 6-0~
RESOLUTION NO, 356-00
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 ef
Dubuque, iowa, be granted ~ permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Shannon's Bar & Gdli
Shannon's Bar & Gdll LLC.
521 E. 22nd St
~assed, approved and aaopted this
7th day of August. 2000.
Terrance M. Duggan, Mayo~
Attest: Jeanne F Schneider City Clerk
Michalski moved adoution of the
Resolution. Secondec by Nicholson.
Motion carded
RESOLUTION NO. 357-00
NOW THEREFORE. BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the following having complied
~¢J~ 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.
2 RENEWALS
Oky Doky ~ 21
Oky Doky # 2t LLC 2010 Kerper Blvd
Bodine Lounge JeffA. Detainer
1445 Central Ave
Passed. approved and adopted this
7th day of August, 2000.
Terronce M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
MichalskJ moved adoDt]on of the
Resolufion. Seconded by Nicholson
Motion carried 6-0.
RESOLUTION NO. 358-00
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval ano me
same have been examined and
approved; and
Whereas, the premises re be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds_
NOW. THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the Manager be authorized To
cause m be issued the following namea
applicants a Seer Permit.
CLASS "B' SEER PERMIT
~/lusic N More Promotions
Music N More Promotions +~ Outdoor
Sales) 3rd St Ice Harbor
Donna Ginter RiverFest +
l (Outdoor Sales) Town Clock Plaza
T~State Gcif Center, inc.
Tri-State Golf Center, Inc. +[Outdoor
Sales) 19095 Cedar Cross
Ct.~SS "C' BEER PERMIT
Mulgrew Oil Co.
Amoco Food Shop+(Sunday Sale)
1450 Lores Blvd.
Passed approved and adopteo this
7th day of Auguat, 2000.
Torrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
RESOLUTION NO. 359-00
Whereas, applications for Liquor
Licenses nave been submitted to this
Council for approval and the same
nave been examined ane approveo;
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City. Ordinances
relevant thereto and they have filed
proper bonds.
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C- fCOMMERCIAL)
BEER/LIQUOR LICENSE
Shannod's Bar & Gdll LLC
Shannon's Bar & Gdll +(Sunday Safe)
521 E. 22nd
King of Clubs Freddy's King
cf Clubs 1902 Central
Passed. approved and adopted this
7th day of August; 2000.
Reqular Session, A~i.qti~t ~;; 2000
29]
Torrance M. Duggan, Mayor
Attest Jeanne F. SchneMer, City Clerk
Michalski moved adopdon of the
Resolution. Seconded by Nichdison.
Motion carded 6-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
HOUSING COMMISSION: Dorothy
A. Cutbertson, Jim Holz, Dan Teply.
Dorothy Cdibertson spoke requesting
reappointment
UBRARY BOARD OF TRUSTEES:
Sue Lindsay. Sue Lindsay spoke
requesting appointment
LONG RANGE PLANNING
ADVISORY COMMISSION: Chds
Curfman. Chds Cuffman spoke
requesting appointment and submitted
his resume.
Appointments to the foltswing
Boards/Commiesions:
HOUSING ADVISORY 3-RUST
FUND COMMITTEE: Dods Hingtgen.
Michalski moved that Doris Hingtgerr
be appointed to a three year term
which will expire 9-8-03: Seconded by
Robbins: Motion carded 6.0.
Robbins moved that the rules be
suspended to allow anyone present to
address the Council. Seconded by
Nichdison. Motion carded 6-0.
City Manager recommending that the
City dispose of Lots 7A and 8A in
O'Neill's SubdMsion to Wayne Reicher
and Mark Laird, presented and read.
Markham moved that the
communicafion be received and filed.
Seconded by Nichdison. Motion
carded 6-0.
RESOLUTiON NO. 360-00
RESOLUTION DISPOSING OF CiTY
INTEREST in LOTS 7A AND 8A IN
O'NBLL~S SUBDIVISION NO. 3 IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and
published notice ef time and ptace of
headng; published in the Telegraph
Herald, a newspaper of general
circulafion published in the City of
Dubuque, fowa on the 21st day of July,
2000, the City Council of the City of
Dubuque, iowa met on the 7th day of
August, 2000, at 6:30 p.m. in the Public
Libraw Audifofium, 11th and Locust,
Dubuque, Dubuque, County, tswa to
consider the proposal for the sale of
real ss~te described as:
Lots 7A and 8A in O'Neill's
Subdivision No. 3 in the City of
Dubuque, Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE, BE IT
RESOLVED BY THE CI'F'/COUNCIL
OF THE C17~¢ OF DUBUQUE, IOWA:
Section 1_ Thst the sots cf City of
Dubuque real property described as
Lot 7A in O'Neill's Subdivision in the
City of Dubuque, Iowa to Wayne E. and
Rita M. Reicher be and the same is
hereby approved for the sum of
$1,224.25 plus cost of publication,
platting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. That the sale of City of
Dubuque real properS, described as
Lot 8A in O'Neilfs Subdivision in the
City of Dubuque, lowa to Mark Laird
and Shelley Cue be and the same is
hereby approved for the sum of
$1,224.25 plus cost of publication,
platting and filing fees. Conveyance
shall be by Quit Claim DeedS- ¢
Se~orf 3. That the Mayor be
authorized and-directed to execute a
Quit Claim Deed, and the C~ Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Mark Laird and Shelley Cue and
Wayne E. and REa M. Reicher upon
receipt of the purchase price in full.
Section 4. That the City Clerk be
and is hereby authorized and directed
te record a ceri~ed copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
7th day of Auguat, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nichofson.
Mo~on carded 6-0.
Proofs of publication on notice of
headng on plans and specs and notice
to bidders on the receipt of bids for
construction of the Parking Let at Third
and Main and City Manager
recommending to award contract for
project, presented and read. Robbins
moved that the proof and
communication be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 361-00
ADOPTION OF PLANS AND
SPECIFICATIONS
NOW, THEREFORE BE IT
292 Regular Session, August 7, 2000
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the proposed p~ans,
specifications, form of contract and
cost for the Construction of the Parking
Lot at Third &Mair Streets n the
amount cf $ 71,042 are hereby
approved for said project.
=assed, approved and adopted this
7"' day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 362-00
AWARDING CONTRACT
Whereas sealed ~roposais have
been submitted by contractors for the
Parking Lot Project at Third & Main
Streets pursuant to Resolution No.
343-00 and notice to bidders published
n a newspaper published in the City of
Dubuque, iowa on the 28~" day
2000
-~ Whereas, said seaied proposals
were ooened and read on the 1't day of
August, 2000. and it nas been
determined that [he bid of Conlon
Construction of Dubuque, iowa in the
amount of $ 71.042 was the lowest bid
for the ¢umish[ngs of labor and
materials and performing the work as
provided for in the plans anc
sDec~fica~ons.
NOW THEREFORE BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the contract for the above
improvement be awarded to Conlon
Construction and the Manager is
hereby directed to execute a contrac~
on oehalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract ane me approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deoosits of the unsuccessful
bidders.
Passed. approved and adopted this
7TM day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried
Proofs of DUbiicatJon or notice of
hearing on o]ans and specs and not,ce
to bidders on me receipt of bids for
construction of the Third Street Parking
RamB and City Manager
recommending to award contract for
project, presented and read. Markham
moved that rne proofs anc
communication be 'eceived and filed.
Seconded by Robbins. Motion carried
Rhodes [senhar[ spoke questioning
various aspects of the bond issue and
objecting to this affecting both the City
and County also.
Rick Dickinson spoke in support of
the project.
9rian Kane Attorney at Law, on
behalf of the Fischer Co. sooke
objecting to this project, stating that it
was too close to their proper:y.
RESOLUTION NO. 363-00
ADOPTION OF PLANS AND
SPECIFICATIONS
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That me propssee plans,
specifications form of contract and
cost for the Construction of the Third
Street Ramp in the amount of
$5,395 868.00 are hereby approved for
said project.
Passee approved and adopted this
7th day of August, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved aaoetion of the
Resolution. Seconded by Robbins
Motion carded 6-0
RESOLUTION NO. 364~00
AWARDING CONTRACT
Whereas seslec proposals have
been submitted by contractors for the
construction of the Third Street parking
facility and notice to bidders has been
published in a newspaper published in
the City of Dubuque, Iowa on the 7~
day of July, 2000; ano
Whereas said sealed proposals
were opened and read on the 25TM day
of July, 2000 and t has been
determined that the bid of Conlon
Construction Company in the amount
of Five million mree hundred ninety-
five thousand eight hundred and
eight dollars ($5,395,868 08. was the
lowest bid for furnishing materials as
arovided for '~ the plans an(]
spec~cations.
NOW THEREFORE. BE tT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the contract for me above
Reqular Sessioni AugUst 7~ 2000
29q
construction be awarded to Conlon
Construction Company and the
Manager is hereby authorized to
execute a contract on behalf of the City
of Dubuque.
Passed, approved and adopted this
7*h dayofAugust, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
Proofs of publication on notice of
heating on plans and specs and notice
to bidders on the receipt of bids for the
Bunker Hill Building Remodeling
Project and C~y Manager
recommending to award contract for
project, presented and read. Robbins
moved that the proofs and
communication be received and flied.
Seconded by Michalski. Motion carried
RESOLUTION NO. 365-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 19th day of June,
2000, plansi specifications, form of
contract and e~matad cost were flied
with the City Clerk of Dubuque, Iowa
for the Bunker Hill Building Renovation
Project.
Whereas, notice of hearing on plans,
specifications, form of contract and
e~mated cost was published as
required by law.
NOW THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, approved and adopted this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 6-0.
RESOLUTION NO. 366-00
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
Bunker Hill Building Renovation Project
pu,'suant to Resolution No. 287-00¢ and
notice to bidders published In a
newspaper published in the City of
Dubuque, Iowa, on the 23rd day of
June, 2000~
~ WHEREAS~ said sealed proe0sals
were opened and read on the 20'th day
of July; 2000, and it has been
determined that the bid of Execucon,
Ltd., in the amount of $309,574.56 was
the lowest bid for the furnishings of all
labor and matadals and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
{mprovement be awarded to Execucon,
Ltd., and the Manager be and is hereby
directed to execute a contract on behalf
of the City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authored and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed;, approved and adopted this
7th day of. August, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 8-0.
Proofs of publication on notice of
hearing on plans and specs and notice
to bidders on the receipt of bids for
construc~on of the Chicago Street
Sanitary Sewer Extension Project and
! City Manager recommending to award
contract for project, presented and
read. Markham moved that the proofs
and communication be received and
filed. Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 367-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 28th day of June,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, iowa
for the Chicago Street Sanitary Sewer
Extension Project
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
294
Regular Session, August 7, 2000
estimated cost for said improvemen[s
for said project.
Passed. aaoeted and approved this
7th day of August. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the
Resolution. Seconded by Niche!son
Motion carried 6-0.
RESOLUTION NO. 368-00
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE CHICAGO
STREET SANITARY SEWER
EXTENSION PROJECT
Whereas. the City Council has
proposed a Resolution of Necessity for
me Chicago Street Sanitary Sewer
Extension Project, has given notice of
the cublic hearing thereon as required
by law; and
Whereas the cublic hearing has
been held, all persons offering
objections have been heard and
consideration giver To all ~bjections
ane is pending before this Council; ano
Whereas. this is the time and place
set as provided for the taidng of action
on the proposed Resolutior of
Necessity.
NOW THEREFORE. BE IT
RESOLVED BY THE C]7-¢ COUNCIL
OF THE CITY OF DUBUQUE iOWA:
That the proposec Resolution of
Necessity deschbed above is hereby:.
XX Adopted, without amendment,
and all objections tiled or made
having been dully considered
are overruled.
Passed, aooated and approved this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson
Motion carried 6-0.
RESOLUTION NO. 369-00
AWARDING CONTRACT
Whereas. sealed propcse~s have
been submitted by contractors for the
Chicago Street Sanbary Sewer
Extension Project and notice to bidders
aublished in a newspaper published in
the City of Dubuque Iowa on me 7th
day of July: 2000.
Whereas. sam scaled proposals
were opened and read on the 28th day
of July, 2000. and it nas been
determined that the bid of McDermott
Excavating of Dubuque, Iowa, in the
amount of $110 961.47 Was the lowest
bid for the furnishings of all labor and
materials and performing me wor~( as
providec for m the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the contrac~ for ~he above
improvement be awarded to McDermott
Excavating and the Manager be and is
hereby directed to execu[e a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon me signmg of said
contract and the approval of the
contractor's bond. the City Treasurer is
authorized and instrucme to return tne
bid deposits of the unsucceesfu
bidders.
Passed_ approved and adopted this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moveo adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Proofs of public~o~ on notice of
hearing on a~ans and specs and notice
To bidders on the receipt of b~ds for
construction of the Walker and Oneida
Storm Sewer Replacement Project and
City Manager recommending to award
contract for project, presented aaa
read. Robbins mevec that the proofs
and communication ce received and
filed. Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 370-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 28th day of June,
2000, plans, specifications, form of
contract and estimated cos[ were tiled
with the City Clerk of Dubuque, Iowa
for the Walker and Oneida Street Storm
Sewer Replacement Project
Whereas. notice of hearing on plans,
specifications form of contract, and
estimated cost was publishes as
required by law.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the said Blahs. seecltications
form of contract and estimated cost are
nereay aeBroveo as the clans.
specifications, form of con~rac~ and
Reqular Session~ August 7~ 2000
295
for said project_
~aesed. adopted and approved this
7th day of Augusf, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F Schneider, City Ctsrk
Robbins moved adoption of the
Resolution. Seconded by Nicholecn.
Marion carded 6-0.
RESOLUTION NO. 371-90
AWARDING CONTRACT
Whereas, sealed proposals have
Dean submitted Dy contl~ctors for the
Walker and Oneida Street Storm Sewer
Replacemeet Project pursuant to
Resolution No. 315-00 and notice m
bidders published in a newspaper
published in the City of Dubuque, iowa
on the 7th day of Ju~y, 2000.
Whereas. said sealed proposals
were opened and read'on the 27th day
of Ju4y, 2000, and it has been
eerermined that the bid of Drew Conk &
Sons Exc~val]-ng of Dubuque., Iowa, in
me amounz of $132,588.97 was the
lowest bid for me-furnishings of all
labor and ma~edeis and performing the
work as provided for in the clans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOW~
That the con[tact for the above
improvement be awarded to Drew
Cook & Sons Excavating and the
Manager be and is hereby directed [o
execute a contract on behalf of the City
of Dubuque for the complete
performance of the work.
SE IT FURTHER RESOLVED:
That upon the signing of saic
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
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adopdon of the
Resolution. Seconded by Nichoison.
Motion carried 6-0.
Proc,% of publication on notice of
header on plans and specs end notice
to bidders on the receipt of bids for the
reconstruc+Jon of Fifth Street from Iowa
to Main; City Manager recommending
to award contract for project and to
reduce the Preliminary Assessment
schedule, oresented and read.
Robbins moved thai the proofs and
communication be received and tiled.
Seconded Dy Nicholson. Motion
carded 6-0.
RESOLUTION NO. 372-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas on the 13ti' day of July,
2000. ~lans, specifications, form of
contract and estimated cos~ were filed
with the City Clerk of Dubuque, Iowa
for the Fifth Street Reconstruction -
Iowa to Main Street Project.
Whereas notice of heenng on plans,
specifications, form of cornrac~, 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, soecifications,
form. of contrect and estimated cos~ are
hereby approved as tee p~ans
estimateq cost for said improveme~n~s
for said project
Passed. adopted and approved this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider C~ Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson
Motion carded 6-0.
RESOLUTION NO. 373-90
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE FIFTH
STREET RECONSTRUCTION - IOWA
TO MAIN STREET PROJECT
Whereas the City Council has
~rooosed a Resolution of Necessity for
the Fifth Street Reconstruction - Iowa
to Main Street Project has given notice
of the public header thereon as
required by law; and
Whereas, the public headng has
been held, all persons offering
objections have been heard and
consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed Resolution of
Necessity described above is hereby:
296 Regular Session, August 7, 2000
X Adopted as amendeC by the
Schedule of Assessments attached
hereto as Exhibit A. and mede a par~
hereof by reference. All objections
filed or mede having been duly
considered are overruled.
Passed, adopted and approved this
7th day of August, 2000.
Torrance M. Buggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicheison.
Motion carded 6-0.
Nichoison moved that me rule be
reinstated limiting discussion [o the
Council. Seconded by =~obbins.
Motion carded 6-0.
Request from Michael Sills Lucent
Technology, to address the Council
regarding the submittal of their RFP for
the City's communications system,
presented and read. Mr. Sills spoke
reauestJng consideration of his RFP.
'4ichoison moved that the
communication be received-and flied
Seconded by Cline Motion carded 6-0.
Planning Services Manager Laura
Caratens presenting a repot[ on the
status of the Comprehensive Plan
Uedate. presentec and read,
Nichoison moved that the
communication be received and filed.
Seconded b~ Michalsld. Motion carriec
6-0.
Laura Carstans spoke briefly on the
Comprehensive Plan Update.
Corporation Counsa Barry Lindah]
submitting an Ordinance to provide that
the liaison from the Zoning Advisory
Commission shall not be a member c'
the Long Range Planning Advisory
Commission until September 1. 2001,
presented and read. Robbins moved
that the communication be received
and ti[ed. Seconded by Nicholson.
Carded by the fo[lowing vote: Carried
by the following vote: Yeas~Nicholson
Robbins, Cline Duggan, Markham.
Nays--Michaiski.
An Ordinance Amending the City cf
Dubueue Code of Ordinances Section
36-4 Long Range Planning Advisory
Commission creamo: composition, by
Commission of a member of the Zoning
Advisory Commission until Sep~emDer
1. 2001 arssentea and read. Robbins
moved that this be the first reading of
the Ordinance. Seconded Dy
Nichoison Carded by the fo[lowing
vote: Yeas--Nichoison, Robbins. Cline.
Duggan, Markham. Nays--Michalski.
Communication of City Manager
recommending approval of a projec~ng
sign in the public right-of-way at 356
Main Street. presentec and teac
Markham movec that the
communication be received and flle¢
Seconded by Nichoison. Motion
carded
An Ordinance Authorizing Guy Gard
To construcx awning signs, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64-00
AN ORDINANCE AUTHOR]ZING GUY
GARD TO CONSTRUCT AWNING
SIGNS
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CtTY OF DUBUQUE, IOWA:
Section 1. That Guy A. Gard, as the
owner of the premises known as 356
Main Street. Dubuaue. owa. and
legally described as the S. 2/3 of City
Lot 1~ (Parcel No. 10-25-241-004) be
and they are hereby granted the
revocable oermit and authority ~o
construct and maintain two awmng
signs under the terms ano conditions
set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with ~lans
heretofore submitted by permittees and
approved by the City Manager, unoer
the suoervision and direction of the City
Manager, and in accordance with all
aoolicabie state and federal laws and
regulations, and the Ordinances of me
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any eno ali liabilky for
damages to persons or property whicl'
may result from the existence, location
installation construction or
maintenance of said awning signs; and
b. Procure and maintain in force dudng
the mrm of this permit a policy of
liability insurance as set forth in the
ar[ached Insurance Schedule; end
c. Pay on behalf of [he City of
Dubuque all sums which the City of
Dubueue shall oecome obilgateQ [o
pay by reason of the liability imposea
uoon the City of Dubuoue for damages
of any kind resultinc~ from the location
installation, existence construction or
maintenance of said awning signs
Reqular Session, AuRust
297
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence,
?nstruction or maintenance of awning
signs and to pay reasonable attorney
fees therefor; and
d. indemnity, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injudes to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
l I~nn permittees' further agreement that
shouid the right and privilege herein
granted be rescinded or revoked by the
City Council, permittess, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days aRer receipt of wr~en notice from
the City Manager, so to do, at their own
expense, remove said awning signs
and in the event of their failure to do
so, the City of Dubuque shall be
authorized to remove said awning
signs at perm~ees' expense and
dispose of the same, and the perm~ee
shall have no claim against the City or
its agents for damages resulting from
the removal cf said awning signs.
Section 5. That permittaes covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permit~ess hereby covenant and agree
not to asser~ such ctaim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injudes and/or property
damage againat the permittaes arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Guy A. Gard when
this Ordinance has been adopted by
the City Council and the terms and
conduces thereof accepted by
perm~ees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be and
t she is authorized and directed to file at
I permittees' expense a copy of this
ordinance in the Office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted thb
7th day of August, 2000.
Torrance M. Duggan, Mayor
Atbest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 64-00
I Guy A. Gard the undersigned
having read and being tamiliar with the
terms and conditions of Ordinance No
64-00, hereby, for themselves, their
successors or assigns, as owners of
the abut~ng proper~y, accept the same
and agree to be pound by the
conditions and agreemen;s therein
contained To be performed by
permlttass
By:/s/Guy A. Gard
Title: Owner
Dated: July 12, 2000
· Pub4ished officially in the Telegrepn
Herald news. paper this-~llth day of
August, 200d. -
J~anne F. Schneider, C~ Cierk
It 8/11
Markham moved that the
requirement that a prooosed Ordinance
be considered and voted on for
passage at two Council Meetings prior
To me meeting at which it is to be finally
passed ce suspended and further
moved final consideration and passage
of the Ordinance. Seconded oy
Nichoison. Motion carried 6-0.
Communication of City Manager
recommending approval of a projecting
sign Jn the public fight-of-way at 255
LOCUST Street, presented and teac.
Robbins movee that the
communication ce received and filed.
Seconded by Nicholson. Motion
carried 6-0.
An Ordinance Authorizing Miracle
Car Wash to install a projecting sign,
presented and read.
{OFFICIAL PUBLICATION)
ORDINANCE NO. 65J30
AN ORDINANCE AUTHORIZING THE
ORIGINAL MIRACLE CAR WASH
INC. TO CONSTRUCT A PROPERTY
SIGN AT 255 LOCUST STREET
NOW THEREFORE BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY' OF DUBUQUE, iOWA:
Se~on 1. ThatThe Onginal MiracIe
CaF Wash too as the owner of the
premises know~ as 255 Locust S~reet,
Dubuque, Iowa. and fegatly described
as lot 1 of CJ~ Lot 114 be and they are
298 Regular Session, August 7, 2000
hereby granted the revocable permit
and authority to construct and maintain
a property sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by perm~ee eno
approved ~y me C~ Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federe$ laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the eermission
herein granted is expressty conditioned
on permitfae' agreement to:
a Assume any eno all liability for
damages to persons or proper~y which
may result from the existence location,
instailatior., construction or
maintenance of said property sign; and
b Procure and maintain in force dudng
the term of this permit s policy of
liability rrsurance- as set forth in-the
attached Insurance Schedule: and
c. Pay on behalf of the City of
Dubuque, ali sums which the City of
Dubuque shall become obitgated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said property sign
sustained by any person or persons
caused Dy accident er otherwise to
defend at ~ own expense and on
behatf of said City any claim against
the City of Dubuque arising out of the
location installation, existence
censtructior or maintenance of the
property sign and ro pay reasonable
a~orney fees therefor: and
o. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, less. liability and
expense for death and/ar injunes to
third persons or aamages to property of
third persons, or for damage to any
prepe~ of the City of Dubuque which
may occur as a result of or in
connec+~on with the location
installation, existence, construction
maintenance and repair of the facility,
work ar improvemen[ permitted herein
Section 4. That the permis.~on
qerein granted is expressly condBened
upon permittee' further agreement that
should the tight and privilege here~n
granted be rescinded or revoked by the
City Councit eermittee, or their
successors m interest es owners of the
abutting proper[y, shail within ten (10~
days after receipt of wdtten notice from
the City Manager, so to do, at their own
expense, remove said preper[y sign
and in the event of their failure to do
so the City of Dubuque shall De
8u[nonzea [o remove said properly
sign st permittee' expense and dispose
of the same and the eermittee shall
nave no claim against the City or its
agents for damages resulting from the
removal of said property sign.
Section 5. That permittee covenant
and agree that the revocable permit
herein granted does not constitute an
approval of [ne design, erection.
location, construction reoatr or
maintenance of said facility and said
permittee hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death
personal m junes and/or properly
damage against-u~e permittee ansing
out of or in any way connected with the
~ocation. installation, construction
design, repair and maintenance of the
facitity herein permitted.
Section 6. This Ordinance shall
become effective anc the rights
hereunder accrue tithe Original Miracle
Car Wash lnc when this Ordinance
has been adapted by the City Council
and the [arms and conditions thereof
accepted by permitfae by accepzance
endorsed on this Ordinance.
Section 7. That the C~ Clerk be and
she is authorized and directed to file at
permittee' expense a copy of this
ordinance in the Office of the Recorder
in and for Dubuque County, Iowa
Passed, approved and adopted this
7th day of August 2000.
Terrance M. Duggan, Mayor
At[asr: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 65-00
, (We), the undersigned having read
eno being familiar with the terms and
I conditions of Ordinance No.
65-00,
hereby, for themselves, their
successors or assigns, as owners of
the abutting propers', accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
I permittee.
By: Michael Pathoff
Title: Pres.
Da~ed: 7-28-00
Published officially in the Telegraph
Herald newspaper this 11th day of
August, 2000.
Jeanne F. Schneider City Clerk
It 8/11
Robbins moved that the recu~rement
that 8 proposes Ordinance De
considered and voted on for passage
az ~vo Council Meetings 2riot to the
Reqular Session~ August 7, 2000
299
· meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 6-0.
Communication of City Manager
recommending approval of a projecting
s~gn in the public right-of-way at 1091
Main Street, presented and read.
Markham moved that the
communic~rdon be received and tiled.
Seconded by Nicholson. Motion
carded 6-0.
An Ordinance Authorizing Lime Rock
Spdngs Co., Inc. (Pepsi-Cola) to install
a projecting sign, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 664)0
AN ORDINANCE AUTHORIZING LIME
~ROCK SPRINGS CO., INC. (PEPSI -
COLA) TO CONSTRUCT A
PROJECTING SIGN AT 1091 MAIN
STPJSET
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY oF '~UBUQUE, IOWA~
Section 1. That Lime Rock Springs
Co., Inc. as the owner of the projecting
signs at 1091 Main street, Dubuque,
iowa, and legally described as N. 43.2'
- City Lot 41, be and they are hereby
granted the revocable permit and
authority to construct and maintain a
projecting sign under 'the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with pians
heretofore submitted by permittess 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·
Sec~on 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or properly which
may result from the existence, location,
installation, construction or
maintenance of said projecting sign;
and
b. Procure and maintain in force duting
the term of this permit a policy of
liability insurance as set forth in the
attached insurance ScheduIe; and
c. Pay on behalf of the City of
Dubuque, ail sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said projecting sign
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence,
construction or maintenance of
projecting sign and to pay reasonable
attorney fees therefor; and
d. indemnify, defend and holdthe City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property of
third persons, or for damage to any
property of the City ef Dubuque which
may occur as a resutt of or in
connection with the location,
installation, existence, construction,
maintenance arrd repair of the facility,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon perm~ittees' further agreement that
should_; the tight and privilege herein
granted be rescinded or revoked by the
City Council, permittess, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at theit own
expense, remove said projecting and in
the event of their failure to do so, the
City of Dubuque shatl be authorized to
remove said projecting sign at
permittees' expense and dispose of the
same, and the penmittee shall have no
claim against the City or its agents for
damages resulting from the removal of
said projecting sign.
Section 5. That permittess covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal iajudes and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the tights
hereunder accrue to Lime Rock
Springs Co., Inc. when this Ordinance
has been adopted by the City Council
and the terms and conditions thereof
300 Regular Session, August 7, 2000
accepted Dy permittees by accep[ance
endorsed on this Ordinance.
Section 7. That the Cib/Clerk be anc
she is authorized and directed to file at
perm~ess' expense a copy of this
ordinance in the Office of the Recorder
in and for Dubuque County, cwo.
Passed. approved and adopted this
7th day of August 2000.
Terrance M. Duggan, Mayer
Attest Jeanne F. Schneider City Clerk
ACCEPTANCE OF
ORDINANCE NO. 66-00
1, Thomas J. Fitzpatrick, the
undersigned, having 'dad and being
familiar with the terms and conditions
of Ordinance '40. 66-00 hereby, for
themselves, their successors or
assigns, as owners of the abutting
propere/, accept the same and agree to
be bound by the conditions ano
agreements thereir contained to be
performed by permittees.
By:/s/Thomas J. Fitzpatrick
Assistant On-Premise Mahager
Dated: August 8, 2000
PubIished officially in the Telegraph
Herald newspaper this 11th day of
August, 2000.
Jeanne F. Schneider. City Clerk
It 8/11
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at t~vo Council Meetings pr[or
[o the meeting at which it is to be finally
passed ce suspended and further
moved final consideration and passage
of the Ordinance. Seconded b~,
Nicholson. Motion carried 6-0.
City Manager recommending that the
City enter into an agreement with
Durran~ Group for preparation of a
Conceptual Design of Mair Street
presented and read. Michatski moved
that this be received and filed and to
concur with the recommendation.
Seconded by Cline. Vote on the motion
was as follows: Yess--Nicho~son
Cline. Michalski. Nays---Robbins,
Duggan, Markham. Motion Coiled.
Michalski moved to table this mat~er.
Seconded by Niche!son. Vote on the
motion was as. follows:
Yeas---Nicholson Cline Michalsk[.
Nays---Robbins. Duggan, Markham.
Motion failed.
City Manager recommending that a
building permit moretedum for zne
Fourth Street Peninsula be enacted for
a twelve month period orssen[eo and
read Robbins moved that [ne
communication ae receivec and flied
Seconded by Markham Motion carried
6-0.
An Ordinance Amending Chapter 11
(Buildings and Building Regulations) of
the City of Dubuque Code of
Ordinances by adding Section 11-58.2
establishing a moretodum for perm~
applications on the Fourth Street
Peninsula, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 67-00
AN ORDINANCE AMENDING
CHAPTER 11 (BUILDINGS AND
BU LDNG REGULATIONS] OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING SECTION
11-58.2, ESTABLISHING A
MORATORIUM FOR PERMIT
APPLICATIONS ON THE FOURTH
STREET PENINSULA.
Whereas, the City of Dubuque is
engaged in a master planning process
for the Fourth Street Peninsula, which
will include the establishment of
develooment standards: and
Whereas. [ne C~ of Dubuque
desires [o minimize po[enua~
development conflicts during this
planning process by enacting a permit
moretodum for the Fourth Street
Peninsula ROD Redevelopment
Oveday District
NOW THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:
Section 1_ Chad[er 11 (Buildings and
Building Regulations) of the City of
Dubuque Code of Ordinances s
hereby amended by adding Sectien 11-
58.2 as follows:
Section 11-58.2 Moratorium - for work
on the Fourth Street Peninsula
The Building Official shall not issue any
permit [or any new construction
demolition or substantial enlargemenT,
alteration repair or remodeling of any
structure, building or sign in the Fourth
Street Peninsula ROD Redevelopmen[
Oveday Disffict during the ~welve-
month pedod from the effective date of
this Section except where a vested
right to the issuance of such permit
corporation as a matter of law pdor to
the effective date of this Section.
Any person, firm or cerpora~on so
aggrieved Dy or adversely affected By
the Building Official's refusal to issue a
permit pursuam To this moratorium
shall appeal therefrom To me City
Council. The City Council may direct
the Building Official To issue a permit
Regular Sees on, August 7, 2000
30]
.during this twelve-month moratorium
for any work in the Fourth Street
Peninsula ROD Redeveloomant
Ovenay DJstdat which the City Council
believes would not negatively impact
the master planning process for the
Fourth S~'eet Peninsula, upon a
showing of good cause by the person,
firm or corporation.
Section 2. This Ordinance snail take
effect upon publication, as provided by
Passed approved and adopted this
7th day of August, 2000.
Torrance M. Duggan, Mayor
At,eat: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
August, 2000.
Jeanne F. Schneider. City Clerk
It 8/11
Robbins moved that me requirement
that_ a proposed Ordinance ~e
considered and voted on for passage
aT two Councit Meefings prior to the
meeting at which it is to be finally
passed be suspended an~ further
moved final consideration anc passage
of the Ordinance. Seconded ay
Markham. Motion carded 6-0
An Ordinance amending the City of
Dubuque Code of Ordinances by
Repealing Sec. 23-1 Providing for a
Board of Heatih: by Repealing Sec. 23-
3 Providing for the Conduct of Appeal
by the Board of Health: by amending
Sec. 7-75 and 7-81 relating :o
Dangerous AnimaIs, presented and
read Markham moved that the
requirement that a proposed Ordinance
be consiaereo and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Robbfns. Vote on the motion was as
follows: Yea,~-Nicholson, Robbins,
Duggan, Markham. Nays--Ciine,
Michalski. Motion failed due to lack of
3/4 vote. Markham moved that this be
considered the first reading of the
Ordinance. Seconded by Robbies.
Carried by the following vote:
Yeas--Nicholson, Robbins, Duggan,
Markham. Nays---Ciine, MichaJski.
Communication from the Iowa
Department of Transportation
requesting that the City CounciI
implement a one-year moratorium cn
development atong U.S. 20 end
communications from Gary K. Norby,
Attorney for Edward Tschiggfde and
Tschiggfde Excavating Company;
ThomasW. O'Neill, Menards' inc.: and
Wm. J. Maiers, Attorney for Sill and
Janet SiegerE regarding the reouest
from IDOT for a moratorium along U.S.
20, presented and read. Nicholson
moved that the communications be
received and filed and instructed the
City Manager to obtain specific written
information from IA Dept. of
Transportation. Seconded by
MichalskL Motion carded 6-0.
Ed Tschiggfde, Attorney Gary Norby
and Attorney Bill Meiers all SpoKe
objecting to implementation of a
moratorium.
City Manager submitting documents
providing for expansion of the Eagle
Point Water Plant Chlotine Feed
Room, presented and read. Michalski
movec ~naI Tne~.esmmunication be
received and filed. Secondec by
Robbins. Motion carried 6-0.
RESOLUTION NO. 3754)0
PRELIMINARY APPROVAL '-OF
PLANS AND SPECIFICATIONS
- Whereas, the proposed plans.
specifications and form of contract for
Re construction ofs 935 sq. ft. room to
the Eagle Point Water Plant at 1902
Hawthorne Street Dubuque, IA in the
es~rnated amount of $117,000 dollars
have beer prepared by J.W
Engineering firm of Dubuque Iowa
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section 1. The proposed p~ans,
specifications and form of contrac~ are
approved and ordered filed in the o~ce
of the City Cierk for public inspection.
Passed, approved and adopted this
7th day of Auguat, 2000.
Torrance M. Duggan, Mayor
A~est Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Mo+Jon carded 6-0.
RESOLUTION NO. 3764)0
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, iowa has given i~
preliminary approval on the proposed
plans, specifications, and form Of
contract and pieced same on die in the
office of the City Clerk for public
inspections of the construction ora new
Chlorine Feed Room.
NOW, THEREFORE, SE iT
RESOLVED BY THE CITY COUNCIL
302 Regular Session, August 7, 2000
OF THE CITY OF DUBUQUE. IOWA:
That on the 5th day of September.
2000. a cublic headng will be held 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 seecifications,
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
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall Be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the hearing, any
nterasted person may appear and die
objections to the proposed plans,
seecitications, contract, or estimated
cost ortho mpravement.
Passed, approved and adopted this
7th day of August. 2000.
- Torrance M. Dugga~, Mayor
Attest: Jeanne F. Schneider. City Clerk
MichalskJ moved adoption of ~ne
Resolution. Seconded by .Robbins
Motion carried 6-0.
RESOLUTION NO. 3774)0
ORDERING BIDS
NOW THEREFORE. BE IT
~ESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 Thatthe construction cfa
935 sq. ft. room at me Eagle Point
Water Plant located at 1902 Hawthorne
Street Dubuque, Iowa is hereby
ordered to be advertised for bids for
construction.
Section 2 That the amount of [ne
securffy to accompany each bid shal
ee in the amount which shall conform
to me provisions of the notice to
bidders hereby approved as par[ of the
plans and speciflca~ons heretofore
adooted
Section 3. That the City Clerk is
hereby directed to advedJse for bids for
the construction ef the improvement
hereto provided to ue published in a
newspaper having general circulation
in the City ef Dubuque, Iowa. which
notice shall not De less than four days
nor more than ~vemy oays pdor to the
receipt of said bids at 2:00 p.m. on the
22nd day of August, 2000. Bids shall
ce oeened and read by the C~ Clerk
at said time and will be submitted to the
Council for tinal action at 6:30 P.m. on
the 5th day of Sepremeer 2000.
Passed approvea and adc oted this
7th day of August, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved aooption of the
Resolution. Seconded by Robb[ns.
Motion carded 64).
City Manager submitting documents
providing for the reconstruction of
Salina Street, eresented anc teac.
Markham moved that the
communication be received and tiled
Seconded Dy Rebbins. Motion carded
RESOLUTION NO. 3784)0
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,
specific~ons, form of contract and
estimated cost for the Salina Street
Reconstruction¢ Project, in the
estimated amount of $611,375.77, are
hereby approved and ordered fled n
the office of the City Clerk for puelm
inspection.
Passec aoopted and approved this
7th day of August. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoptio~ ef the
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 3794)0
FIXING DATE OF HEARING ON
PLANS AND SPEC F CAT ONS
Whereas. the C~ Council of the Cit~
of Dubuque, iowa nas given ts
3ralJminary approva~ on the proposed
2[ans specifications and form of
contract and o[aced same on file in the
office of the City Clerk for 3ublic
inspection of [ne Salina Street
Reconstruction Project.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE C-PC OF DUBUQUE. OWA:
That on the 5th day of Seotember
2000, a public hearing will ce held at
6:30 p.m_ in the Public Library
Audtorum at wh ch time nterested
persons may appear and be heard for
or against the proposed plans and
seeciflcations, form of contract and
cast of said improvemenT, and the C~
Clerk De ant is hereby d~rected m
such heanng to be pubhshed n a
newspaper having general circulation
in the City of Dubuoue. iowa, which
~otJce shatt be not less than four days
~or more than twenty days pdor to the
Requ[ar Session, August 7i 2000
303
day fixed for its considerafion. At the
hearing, any interested person may
appear and file objections to the
proposed plans, specifications,
contract, or estimated cost of the
improvement.
Passed, adopted and approved this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 64).
RESOLUTION NO. 3804)0
RESOLUTION OF NECESSITY
Whereas, proposed plans have been
duly prepared and approved by the City
Council of the City of Dubuque and are
now on file in the office of City Clerk
showing among other things the plans,
specifications, form o?_ contract.
estimated cost and preliminary plat and
schedule showirfg the amount
proposed to be assessed against each
let and the vaicatien Of each let a~'~led
by the City C~-dhcil, for the Saline~
Street Reconstruction Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
improvements, and unless property
owners at the time of the final
consideration of this proposed
resolution have on file with the C~
Clerk objections to the resolution of
necessity, they shall be deemed to
have waived all objections pertaining to
the regularity of the proceeding and the
legality of using the special
assessment procedure.
Said improvements shall be
constructed and done in accordance
with the plans and specifications which
have been approved by the City
Council and now on file with the C~
Clerk. That the cost and expense of
making such improvement will be
assessed papally or totally against
privately owned properly 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 per, on of the cost which shall
be borne by the City wiII be paid from
the Road Use Tex Fund, and special
assessment bonds may be issued in
anticipation of deferred payments cf
assessments when a con~act has
been performed and accepted; and the
proceeds thereof used to pay the
contractor.
The above resolu~on was
introduced, approved and ordered
placed on file with the City Cferk this
7th day of August, 2000.
Approved and placed on file for final
action.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adop~on of the
Resolution. Seconded by Robbins.
Motion carried 64).
RESOLUTION NO. 3814)0
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City
of Dubuque, iowa, has given its
preliminary approval on the proposed
plans, specifications end form of
contract and pieced same on file in the
offica of the City Clerk for public
inspection, for the Salica Street
Recodstruction Project, and,
Whereas, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in
the C~ Clerk's offibe fo~,¢ public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 5th day of September,
2000, a public hearing will be held at
6:30 o'clock p.m. in the Public Library
Auditorium in the City of Dubuque at
which t~me the owners cf property
subject to assessment for the proposed
improvement or any other person
having an interest in the matter may
appear and be heard for or against the
making of the improvement~ the
boundaries of the district, the cost, the
assessment against any tot, 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 and place of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
)ublished once each week for t~vo
consecutive weeks, the first pubiicatica
of which shall be not Iess than ten days
prior to the day fixed for its
consideration. Unless property owners
st the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
Resolution of Necessity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
7th day of August, 2000.
30/4 Regular Session, August 7, 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the
Reseiu~on. Seconded by Robbins.
Motion carried
RESOLUTION NO. 382-00
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the attached sheets, 1 to ~
nclusive, are hereby determined to be
the schedule of proposed assessments
for ~e Salina Street Reconstruction
Project and the valuations set out
herein are hereby aporoved.
Passec. approveo and adopted this
7th day of August 2000_ ¢
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoptior of the
:~eeolution. Seconded oy Robbins_
Vlotion carried 6-0.
RESOLUTION NO. 383-00
ORDERING BIDS
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE iOWA:
Section 1. That the Salina Street
Reconstruction Project is hereby
ordered to be adve~sed for bids for
construction.
BE iT FURTHER RESOLVED. that
the amount of security to accompany
each bid shall be in an amount which
shall conform to the provisions 0f the
notice te biddem hereby approved as a
pair of the plans ano specifications
heretofore adopted.
That the C~ Clerk is hereby directed
to advedJse for bids for the construction
of the ~mprovement herein provided to
De published in a newspaper having
general circulation ir the City of
Dubuque, iowa, which notice shall nor
be tess than four days nor more that
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 7th day cf
September, 2000. Bids shall be
opened and read ay the City Clerk at
said time and will be submitted to me
Council for final action at 6:30 p.m. or
the 18th day cf September. 2000.
Passed, approved ano adopted this
7th day cf August, 2000.
Terranca M. Duggan, Mayor
Attests Jeanne F. Schneider City Clerk
Markham moved adoption of the
Resolution. Seconded Dy Robbins
Motion carried 6-0.
City Manager submitting documents
providing for construction of the
Bennett Street Storm Sewer Extension
Project, presented and read. Michalski
moved that the communica~on De
received and filed. Seconded by
Robbins. Motion carried 6-0.
RESOLUTION NO. 384-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE= iOWA:
That the proposed p~ans.
soecifications, form of contract ano
estimatec cost for the Bennett Street
Storm Sewer Extension Project, in the
estimated amount of $34,941.83, are
hereby approved and ordered filed ~n
me office of the C~ Clerk for public
inspection
Passed, adopted and approved thf~
7th day of August, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Michalsk[ moved adaptor of the
Resolution. Seconded oy Robbins.
Motion carried 6-0.
RESOLUTION NO. 385-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas. the C~ Council of the City
of Dubuque. iowa has given its
preliminary approval on the proposeo
p~ans, soecificadons, and form of
contract and placed same on file in me
office of [ne City Clerk for public
inspection of the Bennett Street Storm
Sewer Extension
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That on the 5th day of September.
2000, a public hearing will be held at
6:30 a.m. ~n me Public Library
Auditorium az which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contrac[ and
cost of said improvement, and the City
Clerk be and is hereby directed [o
cause a notice of ama and pIaca of
such hearing to be publishec in a
newspaper having genera~ circulation
n the Cffy of Dubuque, Iowa, which
notice shall be not less than four days
nor more ~nan twemy oays prior to the
day fixed for its consideration. At the
neanng, any mterestec person may
appear and fiIe objections to the
proposee plans, soecifications
Reqular Session~ Aupast 7~ 2000
305
contract, or estimated cost of the
improvement.
Passed, adopted and approved this
7th day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski movec adoption of ihs
Reec[ution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 386-00
ORDERING BIDS
NOW THEREFORE, BE
RESOLVED BY THE COUNCIL OF
THE CiTY OF DUBUQUE, IOWA:
That+he Bennett Street Storm Sewer
Extension Project is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security
accompany each bid shall be in an
amount which shall conform To the
provisions of the notice to bidders
nere~y approved as a part of+he plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction o'f the improvements
hereir, provided, to be published in a
ne~paper having general circulation
iN the City of Dubuque, Iowa. which
notice shall not be less than four days
nor more than forty-five days pdor to
the receipt of said bids at 2:00 p.m. on
the 24th day of August, 2000. Bids
shall be opened and reed by +he City
Clerk at said time and will be subm~ed
[o the Council for tinat action at 6:30
o.m. on the 5+h day of September,
2000.
Passed, adopted and approved this
7+h day of August 2000.
Terrence M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Rcbbins.
Motion carded 6-0.
City Manager submitting documents
providing for Removal of the Discovery
Center Parking Lot, presented and
read. Markham moved +hat the
communication be received and filed.
Seconded by Nicholecn. Motion
carded 6-0.
RESOLUTION NO. 387-80
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 Parking Lot
Pavement Removal for Mississippi
River Discovery Center, in the
estimated amount of $27,885.00. are
hereby approved and ordered tiled ~n
tne office of me C~ Clerk for oubiic
inspection.
Passed adopted and approved this
7th day of August, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Reeclufion. Secondec by Nichoison.
Motion carded 6-0.
RESOLUTION NO. 388-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the C~ Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
cantrect and placed same on file i~ the
office of tl~e City Clerk for uubJic
inspecfion-of +he Parking Lot Pavement
Removal for Mississlpp~ River
Discovery Center.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OFTHE CITY OF DUBUQUE IOWA:
That on the 5th day of September,
2000, a public headn_c w~ll be held au
6:30 p.m. in the ~ublic Library
Auditorium a[ which fime interested
persona may appear and be heard for
or against the proposea plans ano
specifications form of contract ano
cost of said imorovement, and the City
Clerk be ara is hereby dJractec to
cause a notice of time aha ~lece of
such headng to be published in a
newspaper having general circulation
in the City of Dubuque, iowa, which
notice shall be not less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
heating, any interested person may
appear and file objections to the
proposed plans, specifications,
contract, or e~mated cost of the
improvement.
Passed, adopted and approved this
7th day of August, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolufion. Seconded by Nichoison.
Motion carried 6-0.
RESOLUTION NO. 389-00
ORDERING BIDS
NOW THEREFORE, BE
IT
306
Regular Session, August 7, 2000
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, OW,A:
That the Parking LOT Pavement
Removal for Mississippi River
Discovery Center is hereby ordered to
be advertised for bids for construction.
BE R F-dRTHER RESOLVED that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed m adverties for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having general circulafion
in the C~ of Dubuque~ iowa. which
notice shell not be less than four days
nor more than forty-five days odor
me receipt of said bids at 2:00 p.m. on
the 24th day of August. 2000. Bios
shall ~e opened aha read by the City
Clerk at said time and will be submitted
To the Council for final action at 6:30
a.m. on the 5th day of September,
2000.
Passed, adopted aha aoDrovea this
7th day of Auguat, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. SchneMer City Clerk
Markham moved aaoption of the
Resolution. Seconded by ~icholson.
Motion carried
City Manager recommending that a
public hearing be set for September 18
2000 to consider the designation of the
"Garfield Place" as an Urban
Revitalization area; and further
recommending approval of a Housing
Trust Fund Award for construction of a
single room occuoancy facility on
Garfield Avenue presented and read.
Michalski movea that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 390-00
A RESOLUTION: 1) FINDING THAT
THE DESIGNATION OF "GARFIELD
PLACE" AS AN URBAN
REVITALIZATION AREA IS
NECESSARY IN THE INTEREST OF
PUBLIC HEALTH, SAFETY AND
WELFARE OF THE RESIDENTS OF
THE CITY; 2) DETERMINING THAT
SAID AREA MEETS THE EUGIBILITY
REQUIREMENTS OF SECTION 404.1
OF THE CODE OF IOWA; 3)
ACKNOWLEDGING A PROPOSED
PLAN FOR THE GARFIELD PLACE
AREA; 4) PROVIDING FOR A PUBLIC
HEARING AND PUBLISHED NOTICE;
AND 5) WAIVING NOTIFICATION OF
OCCUPANTS BY ORDINARY MAIL.
Whereas. Ray Davis the owner of
the property located at 511 Garfieid
Avenue and Scott and Dawn Potter,
proposed future owners, propose To
redevelop the property at 511 Garfield
Avenue through construction of a
singie room occupancy facility; ano
Whereas, the City of Dubuque has
been asked [o assist in such
redevelopmenz by designating the
property as an uroan revitalization area
which wou~e allow for property tax
exemptions: and
Whereas Chapter 404 of the Code
of iowa the Urban Revitalization Act.
requires that the City Council adopt a
Resolution finding tna~ the
rehabiiitatio n conservation
redevelopment, and/or economic
development of the area is necessary
in the interest of the oublic health
safety or welfare of the residents of the
City ana that the area meem the
eligibility criteria of the Act, and further
that the City must prepare a propeseo
plan for the designated revf[alization
area ano schedule and holc a public
hearing on said revitalizalJon p~an; ano
Whereas. the area proposed for
designation unoer the Urban
Revitalization Act is an economic
development area appropriate for
housing and residential developmem
as defined by Section 403.17 of the
iowa Code: and
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA.
THAT:
1. That the rehabilitation
conservation or redevelopment of the
hereinafter described area is found To
be necessary in [he in~eres~ of the
public health, safety and welfare of the
residents of the City, to wit:
Lot 1 of Lot 1 of Lot 3 of the subdivision
of mineral lot 113A in the City of
Dubuque, commonly known as 511
Garfield Avenue. Dubuque, IA, 52001.
2. That the "Garfield Place" Urban
Revitalization Area as proposed.
mee~s ~ne eligibility criteria of Cha~er
404.1 ofthe Code of Iowa 1999.
3. That a proposed p~an for the
"Garfield Piace" Urban Revitalization
Area attached hereto, shall be a matter
of recore and shalf De available for
public inspection in the office of the
City Clerk at City Hail, 13~ and Central
Reqular Session, AugUst 7; 2000
307
Dubuque, iowa.
4. That a public headng shall be
held by the City Council on said plan
on September 18, 2000.
5. That official notice of the
pendency of said plan and the public
hearing shall be a true copy of this
resolution, but without attachments
referred to therein.
6. That the City Clerk is hereby
authorized and directed to secure
publication of said official notice.
7. That the City Council does hereby
determine that as there are currendy no
occuaanus within the proposed ares
that the requirement for no.cation by
ordinaw mail be waived as aermitted
by Sedan 404.2, (3) of the Code of
Iowa 1999.
Passed, approved and adopted this
7th dayofAugust, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
M~ch~lsld moved adoption of the
Resolution and set Public Headng for
9-18-00 ar 6:30 P.M. in the Public -- Council Members
Library Aud~odum and that the CH Attes!;: -
Clerk publish nodce in the manner
.pre,sc,dbed by raw. Seconded by
I~icnolson. Motion carded_6-0. //~fty Clerk
Public Inaut: Rhodes (Bud) lsenhart ~
spoke regarding TIF funding.
Approved ,2000
Ad o Pt e d~?~---~'¢ ~/~ ,2000
At 8:47 P,M. Markham moved to go
into Closed Session re: Purchase of
Real Estate Iowa Code §21.5(1)0) and
Pending Litigation [iowa Code
§2t.5(1)(c). Seconded by Nicholson.
Motion carded 6-0.
At 9:52 CounciJ reconvened Regular
Session stating that staff had oeen
g~ven proper direction.
There being no further business
Rabbies moved to adjourn. Seconded
by Markham. Motion carded 6-0. The
meeting adjourned at 9:53 P.M.
Is/Jeanne F. Schneider
City Clerk
308 Special Session, August 14, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Counci Special Session
August 14, 2000
Council met in special session at 5:30
p.m. in Conference Room B at City
Hail
Present: Mayor Duggan, .Counci
Members Cl[ne Michaiski. Nicha[son.
Robbins,~City'Madager Michael Van
Milligen, Corporation Cour~sei Barry
LindahL
Absent: Council Members Buol.
Markham
Mayer Duggan read ,the call and
stated this is a special seesior of the
City Council called for tne pu{pose of
going nto closed session ~n
accordance with Chapter 21.5.1(c)
Pending Litigation, of the Code of iowa.
At 5:34 p.m., Robbins moved [o go
into Closed Session in accordance with
Approved~/'2~~, 2000
× ,2ooo
Counci Members
Chapter 21.5(1)(c, Pending Litiga=on, At[es~- ,
to discuss strategy with counsel in '-~_'
matters that are presently in litigation.
Seconded by Nicholsen. Motion carried /'~'~
Clerk
At 6:12 p.m., Council raconveneo
soecial session vath s~[emen~ that
staffhad been given direction.
There being no further business
NJcholsor moved [o adjourn.
Seconded by Robbins. Motion carried
5-0. The meeting adjournee at 6:13
p.m.
Is~ Jeanne F. Schneider
City Cterk
Special Session, Au,qugt 17; 2000 309
DUBUQUE
CITY COUNCIL
OFFIC~L
PROCEEDINGS
,2000
City Counc~, Special Session,
August 17, 2000
Council met in special session at
6:45 p.m. in the Sprague Room at the
Holiday Inn Five Flags.
Present: Mayor Duggan (6:55),
Council Members Cline, Markham,
Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen
Absent: Council Member Buol
Mayor Pro-Tern Nicholsor read the
call and stated this is a special session
of the City Counc~ called fbr the
purpose of considering the transfer of a
liquor license.
Robbins moved [o approve the
Dubuaue Jaycee's request to transfer
their Class 'B' Beer Permit to.6th and
Town Clock Plaza. * Seconded by Council Members
Markham Motion~arrfed 6-0. I Attest:/
Robbiee moved to adjourn Seconded
by Markham. Motion carned 6-0. The
meeting adjourned at 7:03 p.m.
/s/Jeanne F. Schneider
City Clerk
3;t0 Regular Session, August 21, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
August 21, 2000. City Council
Special Session followed Dy Regular
Session.
At 5:00 P.M. Council had dinner in
the Second Floor Rotunda of the Public
Library.
At 5:30 P.M. Council convened for
the meeting, Public Library Auditorium
Present: Mayor Duggan. Council
Members BuoL Cl[ne, Markham
Michalski Nicholson Robbins City
Manager Michael Van Milligen
Corporati~Counset Barry LindahL
Mayor 'Duggan read the cai and
stated this is a special session of the
City Council called for the purpose cf
discussing the ice Harbor Master Plan
Discussion ensued.
At 6:30 P.M. Council convened the
Regular Session.
Mayor Duggan read me call and
stated this is the regular session of the
City and stated this is the regular
session of the City Council called for
the purpose of acting upon such
business which may propedy come
before the City Council.
Invocation was g~ven by Reverend
Mol Hootan Pastor. Grandview Heights
Baptist Church
Proclamations: Enhancing End-of-
Life Care Month (September 2000)
received by Sue Wilford: Ride to
River Day (August 26, 2000) received
by Gary Frederick.
Minuted: Community Develoement
Advisory Commission of 6/20:
Environmental Stewardshio Advisory
Commissior of 8/1: Histodc
Preservatior Commission of 7/20;
Housing Code Appeals Board of 7/25;
'nvestment Oversight Commission of
8/10: Long Range Planning
Commission of 7119' Park and
Recreation Commission of 818; Zoning
Advisory Commission of 8/2. oresented
and read. Buol moved thatthe minutes
be received and filed. Seconded by
Markham. Motion carded 7-0
Printed Officiat Council Proceedings
for June 2000. presented and read.
Buol moved that the proceedings De
approved as pdntad. Seconded Dy
Markharr Motion carriedT-0.
Proof of Publication of Council
Proceedings for meeting of July 17.
2000 presented and read. Buot
moved that the proof be received and
filed. Seconded by Markham Motion
carded 7-0.
Finance Director Kenneth J. TeKippe
submitting financial report for July,
2000, presented and read. Buol
moved that the report be received and
filed. Seconded by Markham Motion
carded 7-0.
Quarterly repor~ from the Convention
and Visitors Bureau and Substance
Abuse Services Center. presented and
read. Buol moved that the report be
received and filed. Seconded ny
Markham. Motion carried 7-0.
Notices of Claims and Suits: Mary
Harkey ]n the estimated amoun[ of
$1.210.50 for personal injuries: Tracy
Pioees in undetermined amoun[ for
vehicle damage; Michele Schreiber in
undetermined amount for vehicle
damage; Greg Swartz in estimated
amount of $127.20 for vehicle damage,
presented and read. Buol moved that
the claims and suits be referred to the
Legal Staff for investigation and repo~.
Seconded by Markham_ Motion camed
7-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances Dy
changing the reference in Sections 10-
23, 10-24, and 10-38 from "Doc,k
Division Manager' to "City Manager,
said Ordinance having been presented
and read a[ the Council Meeting of
8/7100 now presented for further
action. Buol moved that this be the
second reading of the Ordinance.
Seconded by Markham. Motion carried
7-0.
Commudication from Karma J.
Wanamaker advising ma~ she w~ll not
Be applying for reappointment To [he
commission presort[ed and teac. Buol
movee ma~ the communication be
received ane filed. Secondec Dy
Markham. Motion carded 7-0.
Reqular Session~ August 21 ~ 2000
311
Communication from Donald H.
Kelliher regarding a traffic safety
problem in the area of the Dubuque
Golf and Country Club, presented and
read. Busi moved that the
communication be referred to the City
Manager. Seconded by Markham.
Motion carried 7-0.
Communication of Jon Romaine,
Executive Director of Area Residential
Care, Inc., requesting the City to
vacate a parcel of land adjacent to
property at 2455 Kerper Boulevard,
presented and read. Buol moved that
the communication be referred to the
City Manager. Seconded by Markham.
Motion carded 7-0.
Communication of Donna Smith,
Dubuque County Board of Supervisors,
regarding duplicate street names within
cities or in the unincorporated area of
the County, presented and read. Busi
moved that the communication be
referred to 'the City Man,Car.
Seoondgd~ by Markh~am. Motion carded
7-0.
Communication of Gene Fangman,
Chief of the Asbury Police Department
and Chair of the Dubuque Public
Safety Communications Center
Committee expressing concern about
the duplisalJon of City street and
County road names, presented and
read. Buel moved that the
communication be referred to the City
Manager. Seconded by Markham.
Motion carded 7-0.
Communication ef Katie Ssile,
Chairperson cf the Stonehill Aduti
Center Advisory Committee, requesting
a letter of support for the proposed
renovation and expansion of Stonehil]
Adult Center's adult day care program,
presented and read. Buol moved that
the communication be referred to the
City Manager. Seconded by Markham.
Motion carried 7-0.
City Manager submitting letter of
support for expansion of Stonehill Adult
CenteCs adult day care program,
presented and read. Buo[ moved that
the communication be received and
filed and approved letter of support.
Seconded by Markham. Motion carried
7-0.
Communication of Ruth Nosh urging
Council adoption of the Historic
Preservation Task Force proposal,
presented and read. Busi moved that
the communication be received and
filed. Seconded by Markham. Motion
carried 7-0.
Communication of Chad Sampson
expressing his appreciation for the
opportunity to work as an intern for the
Dubuque Human Rights Department,
:resented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carried 7-0.
Communication from the Visiting
Nurse Association regarding recent
changes, presented and read.
moved that the communication be
received and filed. Seconded by
Markham. Motion carded 7-0.
Communication of Zoning Advisory
Commission advising of their approval
of Plat of Survey for Lot 1 of Lightning
Ridge as requested by-Dan Conlan,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 7-0~
RESOLUTION NO. 391-00
RESOLUTION APPROVING THE
PLAT OF SURVEY LOT 1 OF
LIGHTNING RIDGE iN DUBUQUE
COUNTY, iOWA
Whereas, there has been flied with
the City Clerk the plat cf survey Let 1 of
Lighthing Ridge in Dubuque County;
and
Whereas, said ptat provides 0 feet of
frontage for Lot 1, where 80 feet is
required by Section 42-19 (b) of the
Subdivision Regulations; and
Whereas, said plat has been
examined by the Zaning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto,
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the CH Council
hereby waives A~cle IV, Design and
Improvement Standards of the
SubdMsion Regulations, except for
Section 42-19, Blocks and Lots~
Section 2. That Section 42-19 (b) of
the Subdivision Regulations is waived
to aIIow Lot 1 to have g feet cf
frontage, where 80 feet is required, due
to the pfa~ing of a 30-feat access
easement to Lot 1.
Section 3. That the plat of Survey
Lot 1 of Lightning Ridge is here by
312 Regular Session, August 21, 2000
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat.
Passed. approved and adopted this
21st day of August, 2000~
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
ACCEPTANCE OF
RESOLUTION NO. 391-00
We , Daniel J. and Barbara A.
Conlan. the undersigned, having reaa
the terms ant condcions of [ne
Resolufion No. 391-00 and being
familiar with the condcions [hereof
hereby accept this same and agree to
the conditions required therein.
Dated this 30th day of August, 2000.
By/s/Daniel J. Conlan
By/s/Barbara A_ Conlan
Buol moved adoption of tne
resolution. Seconded Dy Markham.
Motion carded 7-0.
Communication of Zoning Advisory
Commission advising of their approval
of Plat of Survey of Lot 1, Lot 2. and
Lot 3 ef Harbor View Place as
requested by the City of Dubuque,
eresented and read. Buol moved th[t
the communication be received and
filed. Seconded by Markham. Mofion
carded 7-0.
RESOLUTION NO. 392-00
RESOLUTION APPROVING THE
PLAT OF SURVEY LOT 1, LOT 2
AND LOT 3 OF HARBOR VIEW
PLACE IN THE CITY OF DUBUQUE,
IOWA
Whereas there nas been filed with
[he C~ Clerk the Plat of Survey Lot 1.
Lot 2 and Lot 3 of Harbor View Place in
the City of Dubuque. Iowa: anu
Whereas, said elat of survey
erovides 21 feet of frontage for Lot 1
and 13.25 feet of frontage for Lot 3
where 60 feet is required by Sec[on
42-19(b) of the Subdivision
Regulations; and
Whereas said plat of survey has
been reviewed by the Zoning Advisory
Commission its approval enoorseo
thereon, and
Whereas. said plat of survey ~es
been examined by the City Council eno
they find that it conforms to the statutes
and ordinances rela*Jng to it
NOW THEREFORE, BE '-
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
Section 1. That Section 42-19~b) of
the Subdivision Regulations is waived
to allow LOt I to have 21 feet of
frontage and Lot 3 to have 13.25 feet of
frontage where 60 feet of frontage is
required.
Section 2. That the slat of survey
Lot 1. Lot 2 and Lot 3 of Harbor View
Place Is hereby approvea and the
Mayor and City Clerk are hereby
authorized and directed to endorse the
approva~ of the C~ of Dubuque, Iowa
upon said plat of survey.
Passed, approved and adopted this
21st day of August 2000.
Torrance M. Duggan, Mayor
At, est: Jeanne F. Schneider. City Clerk
Buol movea aaop*Jon of the
resolu~on. Seconded by Markham.
, Modon carried 7-0.
Communication of Zoning Advisory
Commission advising of their approva.
of the Final Plat of Lots 1.2, ~ B C,
and D of Maple Leaf Addition No. 3.
presenzeo ano read. Buol moved
adoption of me resolution. Seconded
by Markham. Motien carded 7-0
RESOLUTION NO. 393-00
RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1, 2, A, B, C,
AND D OF MAPLE LEAF ADDITION
NO. 3 IN THE CiTY OF DUBUQUE.
IOWA.
Whereas there bas been filed with
the City Clerk a final plat of Lots 1, 2
A, B, C, and D of Maple Leaf Addition
No. 3 . in the City of Dubuque, lewa~
and
Whereas, said plat provides 0 feet of
frontage for Lots 2, A, B, C, and D and
less tha~ 6.000 square feet of tot area
for Lots 2, A, [3 and C where 60 feet
and 6,000 eeuare feet is reauired
resoectively, ey Secdon 42-19(b) of the
Subdivision Regulations: and
Whereas. said final plat nas been
examined by the City Zoning Advisory
Commissio~ and had its approva~
enoorsee meraon and
Whereas. said final slat has been
examined by the City Counitiit and the
City Council finds that me same
ordinances relating thereto
NOW THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Sec~on 1. That Section 42-19(b) of
the Subdivision Regula~ons is waivea
to allow Lots 2. A. B. C and D to have 0
feet of frontage, wnere 60 feet of
frontage is required ena to aiiow Lots
2, A, [3 and C to nave tess than 6.000
sauare feet of Iot area.
Section 2. Thatthe final oiat of Lots
1, 2, A B. C and D of Maple Leaf
Addition No. 3 is hereby approved and
Reqular Session, August 21~ 20~)0 313
the Mayor and City Clerk are hereby
authorized and directed te endorse the
approval of the City of Dubuque upon
said final plat.
Passed, approved and adopted this
21 st day of August, 2000.
Terranca, M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
Communication of Zoning Advisory
Commission advising that the
University of Dubuque's proposed site
plan changes do not represent a
significant change to the intent and
purpose of the Planned Unit
Development section of the Zoning
Ordinance, presented and,read. Buol
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 7-0.
Communication of 'C4ty Manager
recommending approval of a 180 day
extension fo~ security bonding for
Jaeger Heights Subdivision No. 2; '-
presented and read. Buo} moved that
the communication be received and
flied. Seconded by Markham. Motion
carried 7-0.
RESOLUTION NO. 394-00
A RESOLUTION RESCINDING
RESOLUTION NO. 103-00 AND
RE. AFFIRMING THE FINAL PLAT OF
LOTS 1 THRU 4 OF BLOCK 4, LOTS
I AND 2 OF BLOCK 5, AND LOTS 1
THRU 3 OF BLOCK 6 OF JAEGER
HEIGHTS SUBDIVISION NO. 2, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a final plat of Lots 1 thru
4 of Block 4, Lots I and 2 of Block 5
and Lots 1 thru 3 of Block 6 of Jaeger
Heights SubdMsion No. 2 fn the City of
Dubuque, Iowa; and
Whereas, upon said final plat
appears, streets to be known as Jaeger
Drive and Bianca Drive (Lot A),
together with certain public util~ and
sanitary sewer and storm sewer
easements which the owners by said
final plat have dedicated to the public
forever; and
Whereae~ the preliminary plat has
been examined by the Zoning Advisof'y
Commission and had its approvai
endorsed thereon; and
Whereas, said tinat plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 3 belo~
and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it, excapt that no
streets or public utilities have yet been
constructed or instaJted; and
Whereas, the City Council concurs
in the conditions of approval
established by the Zoning Commission
and the City Planner.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOW~
Sectien 1. That Resolution No. 103-
00 is hereby rescinded.
Section 2. That the dedication ef
Jaeger Ddva and Bianca Drive (Lot A)
together with the easements for pubiic
utilities, sanitary sewer, storm sewer
and water mains as they appear upon
said final plat, be and the same are
hereby accepted; and
Section 3~ That the final plat of Lots
I thru 4 of Block--4, Lots 1 and 2 of
Block 5, and Lots 1 thru 3 of Block 6 of
Jaeger Heights Subdivision No. 2, is
hereby reaffirmed and the Mayor and
City Clerk are hereby authorized and
directed to endorse the reaffirmation of
the City of Dubuque, Iowa, upon said
final plat, provided the owners of said
property herein named, execute their
wr~en acceptance hereto attached
agreeing:
a. To reduce Jaeger Drive and Bianca
Drive to grade and to cansttuct
concrete curb and gutter and to hard
surface with asphaltic concrete, or with
concrete paving with integral curb; all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
conformance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
b. To instaII sanitaD' sewer mains and
sewer service lateraIs into each
individual lot, water mains and water
service laterals into each individual lot,
storm sewers and catch basins,
boulevard street lighting and erosion
control devices ail in accordance with
the City of Dubuque standard
specifications, all in a manner
acceptable te the C~ Engineer, and in
accordance with construction
improvement plans approved by the
City Ehgineer, and inspected by the
City Engineer.
C. Te construct said improvements
' prior to ~vo (2) years from the date of
acceptance of this r_solufion,¢ at the
314 Regular Session, August 21, 2000
sole expense of the owoers, or future
To maintain the public
improvements for a pedod of ~wo (2)
years from the date of acceptance of
those improvements by the City of
Dubuque, iowa, at the sole expense of
the owners or future owners.
And fuC-~her provided that said Lloyd
S. Gudeckauf, as owner of said
propers/, shall secure the performance
of the foregoing conditions provided in
this SeclJon by providing guarantees in
such form and with such surettas as
may be acceptable to the City Manager
of the City of Dubuque, iowa.
Section 4. Sidewalk instal[aria n shall
be the responsibil~ of the owner
abu~eg the public rights-of-way,
including Lots with multiple frontages,
as required by C~ Code 41-161
through 4%164 The rssponsibQity
shall extend to ell successors, heirs
and assigc~ees.- Sidewalk ~rrst~tation
will not be required until the
development of me lot nas oeen
camp~ated, except as required herein_
in sparsely developed subdMsiens.
sidewalks on beveloaed Lets will not be
required un~150% of the Lots apprevec
by the plat have been developed. Cd[
vacant Lots shell have sidewalks
installed uoon devalopmec[ of 80% of
the Lets approved by the plat
Section 5. Thatthe final acceptance
of all public improvements shall occur
upon cer~catiee of the City Engineer
that eli public im~ovements have been
cemplated in accordance with the
~mprovement plane and City standard
specifications.
Section 6. That in the event Uoyd S.
Gudenkauf shall fail to execute the
acceptance and furnish the guarantess
provided ia Section 3 hereof w:thin 180
days after the date of this Resolution,
the previsions hereof sha~ be nell and
voic and the acceptance of the
dedication and approval the elat shall
not be effective.
Passed, approved and adopted this
21at day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
ACCEPTANCE OF
RESOLUTION NO. 394-00
I. the undersigned, Lloyd S.
Gudenkauf. hamng read theterms and
conditions of the Rsselution No. 394-
00. and being familiar with tee
conditions thereof, hereb., accept
required therein,
Dated this day of
2000,
By: Lloyd S. Gudenkauf
NOT SIGNED AS OF OCTOBER
2000.
Buol moved adootion of the
-sselLr~on. Seconded by Markham.
~otion carded 7-0.
Communication of City Manager
recommending approval of the
acquisition of property at 1650 Manson
Road which s necessary for the
Manson Road Bddge Replacement
project, presented and read. Buol
moved that the communicatior be
received and filed. Seconded by
Markham. Motion carded 7-0.
RESOLUTION NO. 395-00
RESOLUTION AUTHOPJZING THE
ACQUISITION OF PROPERTY AT
1650 MANSON ROAD
Whereas the propers/ at 1650
Manecn Road, legally described as the
Lot T-2-1-1-1-1;1-1-2-1-4 of M~neral Lot
501. in the C~ of Dubuque, iowa's
needed for the relocation aec
reconstruction of the Manson Roac
Bddge; and
Wherea-. the C~y and the propers'
owner, John H. Gordon, have agreed to
apurchase pdca of 684,000, n
expenses allowable under federei
relocation assistance and
Whereas, the City Council concum
with the purchase of said real estate.
NOW. THEREFORE BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1 That the City Council has
determined that it is in the interest of
the City to acquire the property at 1650
Manson Road [egaiiy described as Lot
1-2-1-1-1-1-1-1-2-1~, of Mineral Lot
501 for the purpose of the relocation
and reconstruction of Masson Road
Bddge.
Section 2. That the attached plan is
hereby determined to be the prepare/
acquisition plan for me bridge
reconstruction and the realignment of
the bddge approaches.
Passed. adopted and approved this
21st day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol move(] ecopdon of the
resolution. Seconded by Markham
Motion carded 7-0.
Communication of City Manager
recommenelng approval of me
acquisition of rea~ estate at 3425
Pennsylvania Avenue, presented ana
read. 3ual moved that the
Reqular Session, August 21, 2000
315
communication be received and filed.
Seconded by Markham. Motion carded
7-0.
RESOLUTION NO. 396-00
RESOLUTION AUTHORIZING THE
ACQUISrrloN OF PROPERTY AT
3425 PENNSYLVANIA AVENUE
Whereas. [he propert7 at 3425
Pennsylvania Avenue, legally
described as the East 80 Feet of the
West 130 Feet of Lot 2 of Lot 2 of the
South East 114 of the South East 1/4 of
Section 21, Township 89 North, Range
2 East of the 5"' P.M., in the C~bJ of
Dubuque, iowa, is subject to periodic
flooding; and
Whereas, the Federal Emergency
Management Administration (FEMA)
has agreed to fund the purchase of the
properly in the amount of $112,728.00
as a flood mitigation project` provided
that the building is removed from the
taco plain: and
Whereas. the City Counci~ concurs
with the purchase of said real estate-
and agrees to the terms and conditions
of the offer to buy real estate attached
hereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That ~he attached
Vctun~ary Acquisition Program for
Flood-damaged Residence Offer to
Buy Rea; Estate and Acceptance be
approved.
Section 2. That the Mayor be
authorized and directed to execute the
real estate agreement on behaff of toe
City Council.
Passed, adopted aha approved this
21st day of August, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Bual moved adoptior of the
resolution. Secondeo by Markham.
Motion carded 7-0.
Communication of City Manager
recommending that the Southwest
Artedal Environment~ Assessment
Contract with WHKS & Company be
terminated, presented and read.
MichaiskJ moved that the
communication be received and flied.
Seconded by Nicholson. Carried by
the following vote: Yeas---Buol, Cline,
Duggan, Markham, Nichoison,
Robbins. Nays--Michalsk[.
RESOLUTION NO. 397-00
RESOLUTION AUTHORIZING C]TY
MANAGER TO EXECUTE AN
AGREEMENT WITH THE IOWA
DEPARTMENT OF
t TRANSPORTATION TERMINATING
THE CURRENT CONTRACT
AGREEMENT BETWEEN THE CITY
OF DUBUQUE, THE iOWA
DEPARTMENT OF
TRANSPORTATION, AND WHKS &
COMPANY FOR THE SOUTHWEST
ARTERIAL ENVIRONMENTAL
ASSESSMENT
Whereas, the City of Dubuque, the
Iowa Depa¢~cant of Transportation,
and WHKS & Company entered in[o an
agreement dated October 17, 1966, for
WHKS & Company to perform an
uodate of the Environmental
Assessment for the Soumwest Arterial;
anc
Whereas the City of Dubuaue
approved of the terms and conditions
of said agreement and authorized and
directed the Mayor [o execu[e the
agreement on behalf of the City
Council; and
Whereas, the Iowa Department of
Transportation is now requesting [hat
the City ahd the Iowa Department of
Transportation, pursuant to Section 10.
Part C of the agreement, terminate the
current contract with WHKS &
Company without fault on me para-of
the consultant; and
Whereas. the C~ of Dubuque
approves of the termination of me
October 17. 1996 agreement_
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1_ That the agreement
between the C~ of Dubuque. the
Depa~men[ of Transportation, aRq
WHKS & Company to upda~ the
Environmental Assessment for the
Southwest Arterial be terminated under
the terms of Section 10. Part C of the
AGREEMENT FOR CONSULTING
SERVICES signed October 17. 1996
by the Iowa Depattment of
Transportation. It shall be understood
that this termination is without fault
the consultant.
Section 2_ That the Mayor be
authorized and directed to execute two
copies of the agreement to terminate
the contract and forward the copies to
the iowa Department cf Transportation
for their approval
Passed, adopted and approved this
21st day of August, 2000.
Terren? M. Duggan, Mayor
Attest: Jeanne F. schneider, City Clerk
Michalski moved adoption of the
J Resolution. Seconded by Nichotson.
Carried by the following vote:
316 Regular Session, August 21, 2000
Yeas--Buo.. Cline, Duggan, Markham,
Nicholson. Robbins. Nays--Michaiski.
Communication of City Manager
recommending approval of an
amendment to the Fiscal Year 2001
Annual Action Plan presented and
read. Bust moved that the
comm~nicatiec be received and flied.
Seconded by Markham. Motion carded
7-9.
RESOLUTION NO. 398-00
RESOLUTION APPROVING AN
AMENDMENT TO THE FISCAL YEAR
2001 (PROGRAM YEAR 2000)
ANNUAL ACTION PLAN FOR
COMMUNITY DFVELOPMENT
BLOCK GRANT FUNDS,
Whereas, the City of Dubuque has
prepared and filed w~h the U.S.
Department of Housing and Urban
Development an Annual Acfioe P[an for
Fiscal Year 2001 (Program Year 2000);
aec
Whereas the City now de. res [o
amend said Annual Plan to recognize
receipt of additional income and [o
allecata funds as per the attached
Exhibit A: and
Whereas said amendment is a
substantial amendment as provided in
the City's Citizen Participation Plan and
must therefore be approveo by
resolution of the City Council after a
pubiic headng by the Community
Deveiopmen[ Advisory Commission
and
Whereas, the City advertised a
public comment pedod beginning June
23. 2000; and
Whereas me Community
Development Advisory Commission
reviewed ti~e proposed amendment at
a public hearing on August 15, 2000.
and has voted m approve said
amenoment and to recommend
approval by the City Council.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 That the amendment to
the Fiscal Year 2001 (Program Year
2000) Annual Action Plan for the
Community Development Block Grant
Program hereto attacheo as Exhibit A
is hereby approveo
Section 2. That the City Manager is
hereby authorized and d~rected ;o
submit a copy of ~his rssoiufion to the
U. S. Department of Housing aha
Urban Development.
Passed. approved and adopted this
21s' day of August, 2000~
Torrance M. Duggan, Mayor
Jeanne F. Schneider. City Clerk
Buo movec adoption of me
resol~on. Seconded oy Markham.
Motion carded 7-0.
Communicatio~ of City Manager
recommending release of real estate
mortgage for property located at 185
Main Street presented and read Buol
moved [na[ the commun~catio~ be
received and filed Seconded by
Markham. Motion carded 7-0;
RESOLUTION NO. 399-00
A RESOLUTION APPROVING THE
RELEASE OF REAL ESTATE
MORTGAGE FOR PROPERTY
LOCATED AT 185 MAIN STREET
Whereas, the C?ty of Dubuque. towa
provided a Downtown Rehabilitation
Loan to Duaine H. Greenfield and Jane
M. Greenfield on July 22, 1998 for the
rehabilitation of properly Iocatad at 190
Main Street: and
Whereas Duaine H. Graenfiek~ anc
Jane M Greenfield executac
mor~gagss dated July 23, 1998 for 185
Main as per Instrument No_ 11555-98
and for 190 Main as per Instrument No.
11554-98 as security for the Downtown
Rehabilitation Loan; and
Whereas, Duaine H. Greenfield and
Jane M. Greenfield have asked ~e City
~o release me mcr[gage on 185 Main
and transfer their entire liability to me
mortgage of 190 Main.
Whereas the Release of Reel
Estate Mortgage, hereto attached and
By this reference made a part hereof
sets forth the terms aha conditions of
the release.
NOW THEREFORE, BE T
RESOLVED BY THE CITY COUNCIl_
OF THE CITY OF DUBUQUE. IOWA:
Sect]on 1. That the Release of Real
Estate Mortgage for 185 Main is hereby
accepted and approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque,
iowa, the attachec Release of Real
Estate Mortgage.
:assed. approved and aoopted this
21~ da~( of August. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider. City CIerk
Euol moved adop~on of the
resolution. Seconded by Markham.
Motion carried 7-0
Communication of City Manage~
recommending acceptance of the
Skate Park Equipmen~ Construction
Project in the final contract amount of
$98.500. presented aec read Suot
Regular Session, August 21~ 2000
317
moved that the communication be
received and filed. Seconded by
Markham. Motion carded 7-0.
RESOLUTION NO. 400-00
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
Skate Park Equipment Construction
Project has been completed and the
City Manager has examined the work
and filed his certificate stating that the
same has been completed according to
the terms of the contract~ plans and
specifications and recommends its
acceptance.
NOW THEREFORE; BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thstthe 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 Fiscal Year 2000 apprapfiations in
the amount of $98,500 in General
Funds, in amount equal to the amount
of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
21st day of August, 2000.
Terraece M. Duggan, Mayor
A~sst: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 401-00
FINAL ESTIMATE
WHEREAS, the contract for the
Skate Park Equipment Constru~on
Project has been completed and the
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspe~on and all misceilanecus
costs;
NOW, THEREFORE, BE IT
RESOLVED, bythe City Council
City of Dubuque; Iowa:
Section 1. That the cost of said
improvement is hereby determined to
be $98,500 and the said amount shall
be paid from the Fiscal Year 2000
General Fund appropriations of the City
of Dubuque, Iowa.
Passed, approved and adopted this
21st day of August, 2000.
Torrance M. Duggan, Mayor
A~est Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
Communication of City Manager
recommending approval of a contract
with the Iowa Department of Public
Health for continued funding of the
Childhood Lead Poisoning Prevenfion
Program and an agreement with VNA
for related services, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carded
7-0.
RESOLUTION NO. 402-00
A RESOLUTION AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE
TO SIGN A CONTRACT WITH THE
IOWA DEPARTMENT OF PUBLIC
HEALTH AND AN AGREEMENT
WITH THE · DUBUQUE VISITING
NURSE ASSOCIATION.
Whereas, the City of Dubuque has
established such a local childhood lead
poisoning prevention program; and
Whereas, the Iowa Dedartm~nt of
Public Hssith has offered to provide
I financial suppor~ for activities relating to
the local-childhood lead poisoning
prevention program in the City of
Dubuque; and
Whereas, the City of Dubuque will
~rovide environmental and medical
case management of identified lead
~oianned children in addition to
community outreach and education on
the .problem of childhood lead
poisonmg.
Whereas, the City of Dubuque must
}rovide'medica[ case management for
all lead poisoned children in the city,
and provide community outreach and
education; and
Whereas, the City of Dubuque will
enter into an agreement with the
Dubuque VisilJng Nurse Association to
~rovide medical case management of
lead poisoned children and conduct
community outreach and education for
the citizens of Dubuque.
NOW, THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Se~on 1. That the City of Dubuque,
Iowa hereby approves the attached
contract between the iowa Department
of Public Health and the City of
Dubuque, Iowa.
Section 2. That the attached
Memorandum of Understanding by and
between the City of Dubuque, Iowa and
the Dubuque Vising Nurse
Association is hereby approved.
Section 3. Thst the City Manager or
his designee is hereby authoriZed end
I directad to execute said contract and
agreement on behalf of the City of
318 Regular Session, August 21, 2000
Dubuoue, Iowa.
Passed approved and adopted this
21st day of August, 2000.
Terranca M. Duggan, Mayor
Attest:_ Jeanne F. Schneider. City Clerk
Buo] moved adootion of the
resolution Seconded by Markham.
Motion carded 7-0.
Communication of City Manager
submitting an update on the status of
ice Iowa Utilities Board consideration
of the changes to the 319 area code.
presented and read. Buol moved that
zne communication be received aha
filed. Seconded by Markham. Motion
carded 7-0.
Communicatbn of (Y~ Manager
recommending changes to the C~'s
authorized depository institutions.
arasented aha read. Buo[ moved that
the communication be received anc
flied. Seconded by Markham_. Motion
carried 7-0.
RESOLUTION NO. 403-00
RESOLUTION NAMING
DEPOSITORIES
RESOLVED. that the City Council of
the City of Dubuque, Iowa in Dubuque
County, Iowa, approves the fol[ow~ng
list of financial instJ~ufions [o be
aepcsitodes of the City ef Dubuque,
iowa funds in conformance with ail
applicable provisions of IOWa Code
Chapter 453.2. The City Treasurer is
hereby authorized to deposit the City of
Dubuque, Iowa funds in amounts not to
exceea the maximum approvea for
each respective financial [nstitutioF as
set ou"~ below.
Depository Name t ocafion of Home
Office Maximum Balance
Amedcan Trust & Savings Bank
Dubuque. Iowa $40.000.000
Dubuque Bank & Trust Company
Dubuque, Iowa $40.000,000
Fimtar Bank N.A.
Miiwaukes. Wisconsin $10.000.000
Dupaco Community Credit Union
Dubuque iowa $10,000,000
Premier Bank
Dubuoue Iowa $10.000.000
East Dubuque Savings Bank
East Dubuque. Illinois $10.000.000
CERTIFICATION. hereby certify
that the foregoing is a true and correct
copy cf a resolution of the City Council
of Dubuque. IOWa aoonted at a meeting
of said public body, duly cai[ed one
hem on the 21st day of August, 2000 a
quorurr being present, as sale
resolution remains a record in the
minutes of said meeting and it is now
in full force and effect.
Dated this 21st day of August_ 2000.
Terranca M. Duggan, Mayor
At, est: Jeanne F. Schneider, City Clerk
Buol moved aooption of the
resolution. Seconded oy Markham.
Motion carried 7-0.
Communication of City Manager
recommending that certain ass~gnated
agents of the City be authorized [o
execute checks on behalf of the C~ ~o
pay workers compensation expenses
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 7-0.
RESOLUTION NO. 404-00
RESOLUTION AUTHORIZING
CERTAIN DESIGNATED AGENTS OF
THE CITY OF DUBUQUE LIMITED
AUTHOPJZATION TO EXECUTE
CHECKS ON BEHALF OF THE CITY
OF DUBUQUE. IOWA
Wherea~, the City of Dubuque
deposits certain funds for specific use
in local commercia~ banking
institutions ana
Whereas the commercial boning
institutions require authorization by the
City Council for City employees and
omers to sfgn checks and drafts drawr
on such banking institutions: and
Whereas, the City Council ~ss
determined that agents of the City of
Dubuque who may sign checks and
drafts drawn on a designated account
on behalf of the City of Dubuque are
the SISCO authorized check signers
for checks issued for the City of
Dubuaue Workers Comcensation
Account crown on account number
309141 at American Trust and Savings
Bank in Dubuque.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. OWA:
That the SISCO authorized check
signers are hereby granted ability to
sign checks and drafts on behalf of the
City of Dubuque for checks issued for
the Workers Compensation Account
arawn on accoun~ number 309141 at
American Trus~ ane Sa~/Ings Bank in
Dubuque.
Passed. approved ana aaoDted this
21st day of Augus[ 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider Cr[y Cierk
Buol moved aaopticn of me
resoldtion Seconded By Markham.
Motion carded 7-0.
Communication of City Manager
Reqular Session, Au.qust 21, 2000. 319
recommending approval of an
application for a Fiscal Year 2000 L~w
Enforcement Block Grant from the
Department of Justice, presented and
read_ Buoi moved that the
communication be received and tiled
and approved recommendation.
Seconded by Markham. Motion carded
7-0.
Communication of C~6' Manager
submitting a letter of support for the
Universf[y of Dubuque's Student
Service Program, presented and read.
Buol moved that the communication be
received and flied. Seconded by
Markham. Motion carded 7-0~
Communication of City Manager
recommending an addendum to the
contract with Vedi Associates for
expenses incurred for redesign and
rebid of the Third Street Parking Ramp,
presented and read. Buol moved the[
the communication be receivec~ and~
tiled and approved recommendaflon~
Seconded by Markham. Motion carded
7-0.
Communic~on of City Manager
recommending an agreement with the
Iowa Emergency Management Division
and the Federal Emergency
Management Agency to prepare a
Hazard Mitigation Plan for the City,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Markham. Motion
carded 7-0.
RESOLUTION NO. 405-00
Whereas, the City of Dubuque would
like to develop a Hazard Mitigation Plan
and desires to obtain a Planning Grant
from the Federal Emergency
Management Agency (FEMA); and
Whereas, The City of Dubuque
desires to designate the East Central
Intergovernmenta] Association (ECIA)
as its aathodzed representative for the
planning grant.
THEREFORE, BE IT RESOLVED,
the City of Dubuque :designates and
authorizes the East Central
Intergovernmental Association,
specifically, Mark Schneider, Program
Supervisor and Darwin Polk, Project
Manager to execute on behalf of the
City of Dubuque, the Hazard Mitigation
Planning Project Grant and fl~e the
application and related documents with
the iowa Emergency Management
Division (]EMD) for purpose of
obtaining Federal financial assistance.
Pesesd~ approved and adopted this
21st day of August, 2000 by the City
Council of the City of Dubuque.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
RESOLUTION ftC. 406.00
RESOLUTION GUARANTEEING
LOCAL MATCH FOR HAZARD
MITIGATION PLANNING GRANT
Whereas, the City of Dubuque would
{iketo develop a Hazard Mitigation Plan
and desires to obtain a Planning Grant
from the Federal Emergency
Management Agency (FEMA); and
Whereas, the City of Dubuque
recognizes the fact that a planning
grent from FEMA is a 75% federaV25%
non-federal matching source.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWAc
Se~on 1. The City of Dubuque
shall form an agreement with the iowa
Emergency Management Division
(IEMD) and FEMA as to the date that
said 25% shall be available to be used
as match the federel funds awarded
and agrees to provide $1,250,000 of
loca[ monies to be used as matching
funds for the approved planning grant
as outlined in the grant application. Of
this amount, only one half may be
provided from in-kind contributions.
Passed, approved and adopted this
21at day of August, 2000.
Terrance M. Duggan, Mayor
At, est Jeanne F: Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
Communication of City Manager
recommending that the C~ enter into
a contract ~/ith QED Consulting of
Lakeside Park, Kentucky for an
analysis of the economic impact the
America's River Project, as required for
the Vision Iowa grant application,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Markham. Motion carried
Communication of City Manager
recommending an amendment to the
Development Agreement with Platinum
Holdings, LLC (formerly Platinum
Hospitality Group, LLC) to reflect the
name changes and other minor
modifications, presented and read.
Buol moved that the communication be
320 Regular Session, August 21, 2000
received and filed. Seconded by
Markham. Motion carded 7-0.
RESOLUTION NO. 407-00
A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF
DUBUQUE AND PLATINUM
HOLDINGS, LLC.
Whereas, this Council, on June 19,
200g approved aha au[hofized
execution of a Development Agreement
with Platinum Hospitality Group, LLC
[the Farmer Developer); and
Whereas, the pa~es now aesire to
amend the Develoement Agreement as
set forth in the attached Amen(~ed and
Restated Development Agreement so
as to. among other things, provide for a
name change of Developer,
modification ct cea. ale language related
to an environmental no- action letter,
references to tee convention center
and clarification of the Minimum
Assessment Agreement tax years.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, 'OWA:
Section 1. That the attached
Amended and Restated Develoement
Agreement by and between the C~bJ of
Dubuque. Iowa and Platinum Holdings,
LLC is in the public interest of the
citizens of the City of Dubuque and in
furtherance of the Ice Harbor Urban
Renewal Plan, and is hereby approved.
Section 2. That the Mayer is hereby
authorized and directed to execute said
Amended and Restated Development
Agreement on behalf of the C~bj and
the City Clerk s authorized and
directed to attest to his signature.
Passed, approved and adopted this
21st day of August, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F- Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion camed 7-0.
Communication from the County
Board of Supervisors expressing their
dissatisfaction over recent legislation
relating to the Local apron Sates Tax
and aommunic~on of C~ Manager
submitting a reply ts the County Board
of Suoervisors stating that the City cf
Dubuque opposes the legislation
relating ts the Local Option Sales Tax
oresented and raao. Buol moved that
the communications be received and
filed. Seconded by Markham~ Motion
carded 7-0.
Communication of the City Manager
I~o the Iowa Department of
Transportation regarding the Southwest
Arterial Moratadum, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carded
7-0.
RESOLUTION NO. 4084)0
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUEUQUE, [OW,~
That me following having complied
with the provie~ons of law rela~ng to the
sale of Cigarettes within the City of
Dubuque, Iowa. be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
1 RENEWAL
One Flight Up One Flight Up Inc.
44-4~] Main St
Passed, approved and adopted this
.2_1at day of August,
Terrance M. Duggen. Mayor
Attest: Jeanne F. Schneider City Clerk
Buol moved at,option of the
[esolution. Seconded by Markham.
Motion carried 7~0.
RESOLUTION NO, 4094)0
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have Dean examined and
approved; and
Whereas, the premises [o be
occupied by such applicants were
inspected and found to comply with me
Ordinances of this City and have filed
proper bonds.
NOW, ~'HEREFORB BE IT
RESOLVED BY THE CITY COUNCIL
QF THE CITY OF DUBUQUE, IOWA:
That me Manager be authorized to
cause to be issued the following named
aaalicants a Beer Permit.
CLASS "C" BEER PERMIT
Oky Doky# 21LLC Oky Doky #21+
(Sunday Sa[e) 2010 Kerper BNd
Sid's Beverage Sid's Beverage-*
(Sunday Sale) 2727 Dodge St
Iowa Oil Company
IOCO Speede Shoppe+(Sunday Sale)
2335 University Ave
Iowa Oil Company
I IOCO Seeede Shoppe+(Sunday Sale)
1998 JacKson St
! Oky Doky ¢f-8
Oky Doky# 6+fSunday Sale)
1256 Iowa St
CLASS "B"fWB~ WINE
Oky Poky ¢~ 6 Oky Doky Ct-8
1258 Iowa St
Sid's Beverage Sid's Beverage
2727 Dodge St
Reqular Session, August 21, 2000
321
Passed, approved and adopted this
21st day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F~ Schneider, City Clerk
Buo[ moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0:
RESOLUTION NO. 410-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants ware
inspected and found to complywith the
State Laws and all City Ordinances
relevant thereto and they have l~ied
proper bonds.
NOW, THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the Mat~ager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "(C) COMMERCIAL
BEER/LIQUOR LICENSE
Clarke College Clarke College+
(Sunday Sale) 1550 Clarke Dr
Famolo of Iowa, Inc Los Aztecas
Mexican Restr.+(Sunday Sale)
2700 Dodge St
CLASS "E" LIQUOR
Eagle Food Centers, lnc
Eagle Food Center #130+(Sunday
Sale) 1800 Elm St
Passed, approved and adopted this
21st day of August 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolUtion. Seconded by Markham.
Motion carded 7-0.
BOARDS/COMMISSiONS:
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
AIRPORT COMMISSION: R. J.
Blocker, Ted Goodmann, Dan
Hedeman, NancyAnn Helling. No one
spoke.
TV CABLE TELEPROGRAMMING
COMMISSION: Jennifer Tiggss. No
one spoke.
Appointments to the following
Boards/Commissions:
HOUSING COMMISSION: Dorothy
Culbertson, Jim Holz, Dan Teply.
Michalski moved to reappoint Dorothy
Culbertson and Jim Hotz and appoint
Dan Teply to three year terms expidng
August 17, 2003. Seconded by
Rebbins. Motion carded 7-0.
L!BRARY BOARD OF TRUSTEES:
Sue Undsay. Mayor appointed Sue
Lindsay to the unexpired term which
will expire on July 1, 2003. Markham
moved to concur with the Mayor's
appointment. Seconded by Michalsk[
Motion carded 7-0.
LONG RANGE PLANNING
ADVISORY : COMMISSION: Chds
Curfman. Markham moved that Chris
Cur[man be appointed to the unexpired
term which will expire on July 1¢ 2002.
Seconded by Robbins. Motion carried
Buol moved that the rules be
suspended to alloW anyone present to
address the Council. Seconded by
Robbins. Modon carried 7-0.
Request of Juli~ Harry to consider
rezoning property located at 3251
Roosevelt Street fibre R-1 Single
Family Residential Distdct to CS
Commercial Service and Wholesale
District, and proof of publication on
Notice of Public Hearing to amend the
Zoning Ordinance, presented and read.
Julie Harry spoke in favor of the
rezoning.
Wait Pregter, Sr. Cathy Lynch, John
Dolan, Diane Beau, Shirley Heacock,
Ken Kaiser, Albert Doland, and Lowell
Davis spoke in opposition to the
rezoning. Nicholson moved to receive
and file the communications and
concur with the denial of the Zoning
Advisory Commission. Seconded by
Buol. Motion carded 7-0.
Buol moved to reinstate the rule
limiting discussion to the Council.
Seconded by Nicholson. Motion
carried 7-0.
Request of Doug Brotherton,
Chairman of the Airport Commission, to
address the Council on current Airport
issues. Mr. Bratherton addressed the
Council.
Request of Ed Tschiggfde to
address the Council regarding the
West End Commercial Subdivision
Final Plat, presented and read.
Michalski moved that this matter be
referred to the Ci~/ Manager.
Seconded by Nichotscn. Motion
carried %0.
Mr. Tschi~gfde spoke concerning the
storm water drainage ordinance.
Communication of Thomas W.
322 Regular Session, August 21, 2000
Q'Nell Menard, inc., requesting (1)that
this item be set for a oublki hearing ar
September 5, 20{30, (2) that Ccuncii
suggest access alternatives: eno (3)
that Council allow City staff to
part[diDdle in determining access as
well Communication of William J.
Majors. on behalf of Mr. and Mrs.
William A. Siegerg reque~ng that
Menard's' application for plat approval
be tabled. Michalski moved to receive
and file the communication eno that a
public hearing be set for 9~5~00 at 6:30
P.M. in the Public Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by law.'
Seconded by Dual Motion carried 7-0.
Communication of City Manager
recommending an amendment to the
Chamber of Commerce Development
Agreement, presented and read. Dual
moved that.the communication be
received andflled. Seconded by Clkqe.
Motion carried 7-0.
RESOLUTION NO. 411-00
A"RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BY
AND AMONG THE CiTY OF
DUBUQUE, HARBOR ViEW
DEVELOPMENT, LLC AND THE
DUBUQUE AREA CHAMBER OF
COMMERCE.
Whereas. this Council by Resolution
No. 670-99 dated December 20. 1999
approved and authorized execution of
a Development Agreement witf' the
Dubuque Area Chamber of Commerce
(the Former Developer); and
Whereas. the parties now desire to
amend the Development Agreement as
sez forth in the attached Amended and
Restated Development Agreement so
as lc, among other things, orovide for a
New Developer, an Employer,
reimbursement to New Developer for a
public pedestrian access eno an
Whereas Iowa Code Chapter 403
(the "Urban Renewal LAW') and
Chapter 15A authorize cities to provide
infrastructure for rehabilitation and
reconstruction of blighteo areas and
furfheranca of the objectives of an
appropriate such funds and make such
expenditures as may De necessary to
Cheaters. and To levy [axes and
assessments for such purposes: and
Whereas. me Council has
determined that the Development
Agreement, as so amended eno
restate~ is in the best interests of the
City and the residents thereof and that
the performance by the City of ts
obiiga~ona mereunder ~s a pub~ki
undertaking and purpose and in
furtherance of the Urban Renewal Plan
and the Urban Renewal Law and
further, that the Development
Agreement. as so amended eno
restated, and. the. City's performance
thereunder ~s m furtherance of
appropriate economic development
activYdes and objectives of the
within the meaning of Cheaters 403
and 15A of the Iowa Code taking
accoudt the factors set forth therein.
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNC _
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the performance by
the City of its obligations under me
Developmen[ Agreement, as so
amended by me Amended and
Restated Development Agreement,
including but not limited to making of
grant to the Developer in connection
with the development of Development
Property under the terms set forth in
me Development Agreement, as so
amended eno restated oe and is
hereby declared to be a oublic
undertaking and purpose and in
furtherance of the Urban Renewal Plan
and the Urban Renewal LaW and.
further, that the Develoomem
Agreement, as so amended and
restated, and the City's performance
thereunder is m furtherance of
appropriate economic developmem
actJvitJas and objectives of me City
within the meaning of Chapters 403
and 15A of the Iowa Code. taking into
account the factors set forth therein.
Section 2. That the attached
Amended and Restated Develoomem
Agreement oy and among ~ne City of
Dubuque, Iowa. Harbor View
Development. LLC ~the New
Developer) anc [ne Dubuque Area
Chamber of Commerce (the Employer
is in the public interest of the citizens of
the City cf,Dubuque and in furtherance
of the City s Urban Renewa Plan. and
is hereby approved.
Section 3. That the Mayor is hereby
authorized and directed to execute said
Amended ano Restated Devetopmem
Agreement on oehaff of the City and
[ne City Clerk is author~ed
directed to attest to his signature.
Passed, approved and adooted th~s
21 st day of Au gust, 2000.
Reqular Session, August 21, 2000
32_3
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buct moved adoCdon of the
Resolution. Seconded by Cline.
Motion carried 7-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances Section
364 Long Range Planning Advisory
Commission Created; Compos~on, by
suspending the membership on the
Commission of a member of the Zoning
Advisory Commission unfil September
1, 2001, said Ordinance having been
presented and read at the Council
meeting of 8/7100 now presented for
further action. Buol moved thatthis be
the second reading of the Ordinance.
Seconded by Nicholson. Carried by
the following vote: Yees--~line,
Duggan, Markham., Nicholson.
Robbins. Nays--Budi, Michalski.
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 far the Conduct of Appeal
by the Board of Health; by amending
Sec. 7-75 and 7-81 reladng to
Dangerous Animals. said Ordinance
having aeon eresented and read at the
Council Meeting cf 8/7/00 now
presented for further action. Markham
moved that this be the second reading
of the Ordinance. Seconded by
Robbins. Carried by the fctlowing rate:
Yeas--Buol, Duggan, Markham.
Nichoison Robbins. Nays---Clin e,
Michalski.
Request of Mayor Tomy Duggan to
discuss allowing the citizens of
Dubuque to vote on the issue of
opening or closing the Town Clock
P~aza and communic~on of
Corpora~o~ Counsel submitting an
opinion to the Mayor and City Council
that Coundfi can submit issue to voters
and communication of Coraoration
Counsel regarding 'eferendum
ordinance. Markham moved that the
communications be received and flied
and that the issue be out to a vote on
the nex~ general etecfion. November 7,
2000. Seconded by Robbins. Vote on
the motion was as follows:
Yeas---Robbins Duggan, Markham.
Nays~Nicholson, Buol Cline.
Michalski. Motion failed.
Corporation Counsel Barry Lindahl
submitting an ordinance amending the
Code of Ordinances to remove the
durational limitations for political signs
and an Ordinance Amending the City of
Dubuque Code of Ordinances Section
4-3.5(c) of Appendix A (the Zoning
Ordinance) regulating political signs by
deleting the durational ]imitations for
such signs, presented and read.
Nicholson moved that this matter be
referred to the Zoning Advisory Comm.
Seconded by Buol. Motion carried 7-0.
Communication of City Manager
recommending that an application be
subm~ed to the State Histodc
Preservation Office for a Cerdfied Local
Government grant to develop design
guidelines for the Cites five historic
districts, presented and rosa. Buol
moveo that the communication oe
received and flied. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 4124)0
RESOLUTION APPROVING THE
SUBMISSION OF AN APPLICATION
FOR CERTIFIED LOCAL
GOVERNMENT FUNDING TO
DEVELOP DESIGN REVIEW
GUIDELINES FOR THE CITY'S
HISTORIC DISTRICTS
Whereas the State H{atofica!
Society of Jaws has announced the
avaiiabi[tiy of Certified LocaJ
Government (CLG) Grant Program
funds; and
Whereas, the development of
Design Review Guidelines is an eligible
activity for CLG funding; and
Whereas, the State Historical
Society of owa has advised that
Design Review Guidelines are
necessary for the renewal of
Memorandum of Agreement between
the State and City for the purposes cf
conducing local Secfior 108 reviews;
and
Whereas, the City of Dubuque
Historic Preservation Commission has
reviewed and endorsed the hiring of a
consultant to develop design guidelines
for the C~b/s Historic Districts.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
Secfion 1. That the submission of
an aoolication for CerIfiied Local
Government (CLG~ Program funds to
prepare Design Review Guidelines is
hereby approved.
Section 2. That ~ne Mayor is
authorized aha directed to si;n ant
submit said application to the State
-~istodcal Society of iowa.
Section 3. That the City Manager is
authorized m utilize Community
Regular Session, August 21, 2000
Development Block Grant funds to
provide the reauired local match should
the application be approved by the
State Historical Society of Iowa
Section 4. That the City of Dubuque
agrees to abide by all local, sm~e. and
federal requirements applicable to the
Cdr'dried Local Government Grant
Program.
Passed, approved and adopted this
21st day of August, 2000.
Torrance M Duggan, Mayor
Attest: Jeanne F Schneider City Clerk
Buol moved adoption of the
resolution. Seconded uy Nichblson.
Motion carried 7-0.
Communication sf City Manager
submitting the proposed training and
implementation schedule for converting
[oa papedess City Council agenda,
presented and read. Nichblson moved
[nat the communication-be received
and tiled. Seconded by Robblne.
Motion carded 7-0.
Council Member Repor~: Council
Member Nichblson stated qe had
consensus of four Counci~ Members
that the agreement with Durrant Group
for preparation of a Conceptual Design
of Main Street be placed on the 9/5/00
City Council agenda and gave direction
to staff.
City Manager submitting documents
providing for construction of the Sutton
Pool Water Playground, presented and
read. Robbins moved that the
communication be received and filed.
Seconded by Nicholson Motion
carded 6-0. Michatski absent during
RESOLUTION NO. 4134)0
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That me proposed plans,
specifications, form Of contrast and
estimated cost for the Sutton Pool
Water Playground Construction
Project, in me estimated amount of
$242,500, are hereby approved an(]
ordered filed ir the o~ce of the City
Clerk for Public inspection.
Passed. approved and adopted th~s
21st day of August, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Robbins movec adoption of the
resolution. Seconded Dy Nicholsen.
Motion carded 6-0.
Michalski abseht during vote.
RESOLUTION NO. 4144)0
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS. the City Council of the
City of Dubuque, Iowa has given rcs
preliminary approval on the proposec
o~ans, specifications and form of
contract and placed same on file in the
office of the C~ Clerk for public
inspection of the Sutton Pool Water
Playground Construction Project
NOW. THEREFORE BE IT
RESOLVED. BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
that on the 2nd day of October, 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 direstec To cause a
notice of time and place of such
headng to be published in a newspaper
having general circulation in the C~ of
Dubuoue. ~owa. which notice shall be
not less [nan four days nor more man
twenty days pdor to the day fixed for its
consideration. At [he hearing, any
interested person may appear and file
objections to me proposed plans,
specifications, contract, or estimated
cost of the imorovement
Passed, approved and aoooted this
21st day of August, 2000.
Torrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moveo adootion of [ne
resolution. Seconded by Nichblson.
Motion carded 6-0. Michalski absent
dudng vote.
RESOLUTION NO. 415-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCfL OF THE CITY OF
DUBUQUE IOWA:
That the Sutton Pool Water
Playground Construction Project is
hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED that
me amount of the security ro
accompany eocn bid shat be in an
amount which shai conform to me
previsions of the notice To b~dders
hereey approved as e part of the p]ans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of ~ne improvements herein ~rovided.
Regular Session, August 21~ 2000
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall net
be [ess than four days nor more than
t~venty days prior to the receipt of said
bids at 2:00 p.m. on the 21st day of
September, 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 2nd day of October, 2000.
Passed, approved and adopted this
21 st day of August, 2000.
Torrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
rssoiution. Seconded by Nicholson.
Motion carried 6-0. MichalsM absent
during voze.
At 8:13 p.m. Buol moved to go into
Closed Session regarding Purchase of
- Real Estate (Iowa Code §21.5(1)0) and
Pending Litigation (Iowa Code
§21.5(1)(c). Seconded by Markham.
Motion carried 60. Michalski absent
during vote.
At 8:34 o.m. Council reconvened
regular Session sta~dng tha~ staff had
been given proper direction.
There being no further business,
Ctine moved to adjourn. Seconded by
MichalskL Mc'don carried 7-0. The
meeting adjourned at 8:35 p.m.
/s/Jeanne F. Schneider
City Clerk
Approved: October 16, 2000
Adopted: October 16, 2000
John H. Markham, Mayor Pro-Tem
Ann E. Michalski
Joseph T. Robbins
Roy D. Buol
Dan Nicholson
Patricia A. Cline
Council Members
Attest: Jeanne F. Schneider, City Clerk
CounciI Members
Attest ~..'~'~
Clerk
325
326 Special Session, August 28, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
August 28, 2000
Council met in special session at
4:10 P.M. at Four Mounds
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
MichalskJ, Robbins, City Manager
Michael Van Milligen.
Council Member Nicholson arrived at
4:45 P.M.
Mayor Duggan read me call and
stated this is a special session of the
City Council cailed for the purpose of
holding a goal setting sesston
The City Council 'eviewed the
previous year's accomplishments and
began to develop the goals and
priorities for the nex~ eighteen months
m two years.
There being no further business
upon consensus meeting adjourned at
9:05 P.M.
/s/Jeanne F. Schneider
City Clerk
Approved: October 16, 2000
Adopted: October 16, 2000
John H. Markham, Mayor Pro-Tem
Ann E. Michalski
Joseph T. Robbins
Roy D. Buol
Dan Nicholson
Patricia A. Cline
Council Members
Attest:
Jeanne F. Schneider, City Clerk
Council Members
Special Sess on Auqust 29, 2000
327~
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
August 29, 2000
Council met in special session at
4:10 P.M. at Four Mounds
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
Michalski, Nicholson, Robbins, C~
Manager Michael Van Milligen.
Mayor Duggan read the call and
stated this is a special session 'of the
City Council called for the purpose of
holding a goal se~ng session.
The City Council discussed their
strategic plan for 2000-2Q06 and their
goals and priorities for the nex~
eighteen months.
There being no further business,
upon motion rne~ng adjourned at 7:30
/s/Jeanne F. Schneider
City Clerk
Approved: October 16, 2000
Adopted: October 16, 2000
John H. Markham, Mayor Pro-Tem
Ann E. Michalski
Joseph T. Robbins
Roy D. Buol
Dan Nicholson
Patricia A. Cline
Council Members
Attest:
Jeanne F. Schneider, City Clerk
Council Members
Attest~
?~ Clerk