2000 October Council ProceedingsRegular Sess on, October 2, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
October 2~ 2000
Council met in Regular Session at
6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tern Markham,
Council Members Buol, Cline,
Michalski, Nicholson, Robbins, City
Manager Michael Van Miliigen,
Corporation Counssl Barn/Lindahl.
Absent Mayor Duggan.
Mayor Pro-Tem Markham read the
call and stated this is the regular
session of the City Council called for
the purpose of acting upon such
business which may properly come
before the Council
Invocation was given by Alan
Garfield, Member of Temple Beth-El~
PROCLAMATIONS: White Cane
Safety Day (October 15, 2000)
received by Darwin Reeber.
Minutes Submitted: Airport
Commission of 9/15; Civil Sen/ice
Commission of 8/31; Five Flags
Commission of 9/18; Housing
Commission of 9/12; Park and
Recreation Commission of 9/12,
presented and read. Buo[ moved that
the minutes be received and filed.
Seconded by Nicholson. Motion
carded 6-0.
Pdnted Council Proceedings for July,
2000, presented and read. Buol
moved that the proceedings be
approved as printed. Seconded by
Nicholson. Motion carried 6-0.
Proofs of publication for the
Community Development Block Grant
Program, presented and read. Buol
moved that the proofs be received and
filed. Seconded by Nicholson. Motion
carded 6-0.
Notice of Claims/Suits: Sue Bussan
in undetermined amount for personal
injuries; Jay Cottrell in undetermined
amount for vehicle damage; Klauer
Development Company in estimated
amount of $770.62 for vehicle damage;
Dolores M. Kotz in estimated amount of
$131.00 for property damage,
presented and read. Buol moved that
the claims and suts be referred to the
Legal staff for investigation and report.
Seconded by Nicholson. Motion
carried 6-0.
Corporation Counsel advising the
following slaims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Gall Cording for
personal injuries; James Kearney for
property damage, presented and read.
Buol moved that the communications
be received and filed and concurred
with the recommendations. Seconded
by Nicholson. Motion carried 6-0.
Corporation Counsel recommending
settlement for reimbursement
expenses for the sewer backup claim
of Jan Troy in the amount of $331.36
and direcfing the Finance Director to
issue payment, presented and read.
Buol move~i that the communication be
received and filed and approved the
recommendation of settlement.
Seconded by Nicholson. Motion
carried 6-0.
Corporation Counsel recommending
denial of the property damage claim of
Robert Papenthein, presented and
read. Buel moved that the
communication be received and filed
and concurred with the
recommendation. Seconded by
Nicholson. Motion carried 6-0.
Corporation Counsel recommending
that the vehicle damage claim of Dan
Bukowski be referred to Project
Concernl presented and read. Buol
moved that the communication be
received and filed and concurred with
the recommendation. Secbnded by
Nicholson. Motion carried 6-0.
Citizen Communicationsi
Communications of students at Hoover
School questioning why the City closed
the swimming pools in August,
presented and read. Michalski moved
that the communications be referred to
the City Manager and requested that
the petifions be looked at seriously.
Seconded by Cline. Motion carried 6-0.
Gar~etd Place Urban Revitalization
Area: An Ordinance Establishing the
Garfield Place Urban Revitalization
Area as an Urban Revitalization Area
~ursuant to Chapter 404 of the Code of
365
Regular Session, October 2, 2000
Iowa. removed from the Agenda.
Request to Rezone Properly at 2699
Rockdale Road:
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
desedbed property located at 2699
Rockdale Road from C-1
Neighborhood Commercial District to
C-2 Neighborhood Shopping Center
District, said Ordinance having been
presented and read au the 9-18-00
Council meeting, now .3resented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 75-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2699 ROCKDALE ROAD FROM
1 NEIGHBORHOOD COMMERCIAL
DISTRICT TO C-2 NEIGHBC RHOOD
SHOPPING CENTER DISTRICT
NOW, THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Appendix A (the
Zoning Ordinance~ of the City of
Dubuque Code of Ordinances s
hereby amended by reclassifying the
hereinafter described oroperty from
Neighborhood Commercial District ro
C-2 Neighborhood Shopping Center
District to wit:
_ct I of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot I of Lot 1 of Lot i of Annie
Wa let's Subdivision No. 2. and to the
center line of the adjoining public right-
of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3 This ordinance shall take
effect immediately upon publication, as
provided by aw.
Passed approved and adopted this
2nd day of October. 2000
John H. Markham Mayor Pro-Tern
Attest:Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of
October, 2000.
Jeanne F. Schneider, City Clerk
It 10/9
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Counci, Meetings prior to the
meeting at which it is to be finaliy
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholsen. Motion carried 6-0.
Proposed Development Moratorium
in the Southwest Arterial Corfidon
Communication from William J. Maiers
representing Mr. and Mrs. William A.
Siegert, requesting that the issue of a
proposed development moratorium in
the Southwest Artedal Corndor, be set
for a public headng prior to any final
decision: Communication from City
Manager recommending that the
request to enact a moratorium along
the proposed Southwest Arterial
Corridor at Highway 20 be referred to
the Zoning Advisory Commission.
presented and read. Buol moved that
th s be referred to the Zoning Advisory
Commission Seconded by Nicholson.
Motion carried 6-0.
Northwest Arterial:
Communication of William J Maiers,
representing the City of Sageville,
regarding jurisdiction of the Northwest
Arterial; Communication of Richard E.
Kautz. Iowa Depa~zment of
Transportation, [o William J. Maiers
regarding the proposed transfer of
jurisdiction of the Northwest Artedal to
local governmental agencies;
Communicatior of William J. Majors to
Richard E. Kautz, Iowa Deoartment of
Transportation, on the proposea
transfer of .urisdiction. presented and
reaa. Buo moved that the
communications be received and filed
Seconded by Nicholson. Motion
carried 6-0.
Notice of Expiration of Right of
Redemption: Notices of Expiration of
Right of Redemption on two parcels of
property from Eric Stierman. Dubuque
County Treasurer, presented and read.
Buo moved that the communications
Be received and flied. Seconded by
Nicholson. Motion carried 6-0
owa Department of Economic
Development: Communication from
Alan E. Oollet, Iowa Department of
Economic Development, amending the
City's HOME Investment Partnership
Program Master Contract and Funding
Agreement by revising the completion
date and extending the performance
period to December 31, 2000,
presented and read. Buol moved that
Reqular Session, October 2, 2000
366
[ne communication be received and
filed. Seconded by Nbhobon. Motion
carried 6-0.
City of Asbury Voluntary Annexation:
City Develc sment Board advising that
they will be considering the City of
Asbury's voluntary annexation at their
meeting on Octobe- I2, 2000
presented and 'ead Buol moved that
the communication be received and
flied Seconded by Nichobon. Motior
carried 6-0.
Montcrest Street: City Manager
advising that work nas begun on
resun~acing Montcrest Street in
resoonse to a citizen oetition,
presented and read. Buo[ moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 6-0.
Manson Road - Acceptance of
Warranty Deed: City Manager
recommending acceptance of the
warranty deed for a tight-of-way
purchase on Manson Road, presented
and read. Duel moved that the
communication be received and filed.
Seconded by Nicholson. Motion
darned 6-0.
RESOLUTION NO. 465-00
ACCEPTING THE DEED TO CERTAIN
REAL ESTATE IN DUBUQUE
COUNTY, IOWA FROM JOHN H.
GORDON
WHEREAS the City of Dubuque
entered into an Agreement with John
n. Gordon for the purchase of the
following described rea] property 'n
Dubu due County, iowa:
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot
I of Lot 4 of Mineral Lot 501 in the City
of Dubuque, Iowa, according to Alex
Anderson's Mac of the Mineral Lots of
Julie~ Township and Vicinity and the
'ecorded plats thereof, subject to
easements of record
AND WHEREAS, the terms of the
Agreement have now been met.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA..
AS FC -LOWS:
1. The City of Dubuque hereby
accepts ti~e Deed from John H.
Gordon. a copy of which is attached
2. The City Clerk is hereby
authorized and directed to record this
ResoIution witt' the Dubuque County
Passed. approved and adopted this
2~° day of October, 2000.
John H Markham. Mayor Pro-Tern
Attest: Jeanne F. Scnneider. City Clerk
Buol moved adoption of the
Resolution Secondeo oy Nicholson.
Motion carried 6-0.
Pennsylvania Avenue - Acceptance
of Warranty Deed: City Manager
recommending acceptance of the
warranty deed for a buy-out of flood-
damaged property on Pennsylvania
Avenue. presented and read. Buoi
moved that the communication be
received and filed. Seconded by
Nicholson. Mo'don carried 6-0.
RESOLUTION NO. 466-00
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON
PENNSYLVANIA AVENUE TO THE
CITY OF DUBUQUE
Whereas the City of Dubueue
entered into an agreement w~th Cynthia
L. Gilligan, John Gilligan and Richard
J. Wienen,- pursuant to which Cynthia
L. Gilligan, John Gilligan and Richaro
J. Wienen agreed to convey the East
80 Feet of the West 130 Feet of Lot 2
of Lot 2 of the Southeast 1/4 of the
Southeast 1/4 of Section 21, Township
89 North. Range 2 East of the 5'" P.M.
n the City of Dubuque, Dubuque
County, Iowa.
Whereas, Cynthia L Gilligan, John
Gilligan, and Richard, Wienen have
executed a conveyance of said
propers/.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section 1. The City Counci of the
City of Dubuque, owa. hereby
approves of. accepts and consents to.
the Warranty Deed from Cynthia _.
Gilligan, John Gilligan, and Richard J.
Wienen, copies of which are attached
hereto as required by iowa Code
Section 569.7
Section 2. The Mayor is hereby
authorized and directed to execute and
knowledge of behalf of the City of
Dubuque any instruments in
connection herewith.
Passed. approved and aoor)ted this
2nd day of October 2000.
John H. Markham Mayor Pro-Tern
Attest: Jeanne F. Schneider, Cit~ Clerk
Duct moved adoption of the
Resolutio- Seconded by Nicholson
Motion carried 6-0
Support of ABoiication for Housing
Tax Credits for the Iowa inn: City
367 Regular Session, October 2, 2000
Manager recommending approval of a
letter supporting the MetroPiains
Developmen[ applicanon [o the owa
Finance Authority for housing tax
credits for the Iowa Inr Project,
presenmd and read. Buol moved that
the communication be received and
filed and approve le~er of SUPPOrt,
Seconded by Nicholson. Motion
carded 6-0.
Human Rights - Housing and Urban
Renewal Grant City Manager advising
that the Human Rights Department has
received a HUD grant in the amount of
$45,400, which will be subject to a
future budget amenament, presented
ane teac. Buol moved that the
communication be received and tiled.
Seconded by ',licholson. Motion
carried 6-0.
Project Concern Reoues[ for
Additional Funds: City Manager
recommending that a request from
Project Concern for additional funding
in the amount of $9,859.53 be
approved. ~resented and read.
moveo that the communication be
received and filed and concurred with
recommendation. Seconded by
Nicholson. Motion carried 6-0.
Memorandum of Agreement with the
Dubuque County Historical Society:
City Manager recommending approval
of a Memorandum of Agreement
between the City and the Dubuque
County Historical Society for the River
Discovery Center project presentec
and 'ead Buol moved that the
communication be received and filed
and concurree with recommendation.
Secondec by Nicholson. Motior
camed 6-0.
Supplement No. 46 to the Code of
Ordinances: City Manager
recommending adoption of Supplement
No. 46 [o the Code of Ordinances,
presented and read. Buol moveo that
the communication be received and
filed. Seconded by Nicholson. Mot[ox
carried 6-0.
RESOLUTION NO, 467-00
ADOPTING SUPPLEMENT NO. 46 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas under date of July 17
1989, the City Council,, pursuant to
Ordinance No 34-89 readopted the
Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted
uo to ano including December 19
1988: ana
Whereas. since December 1~c. 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been crinted as
supplements to the Code of
Ordinances: aha
Whereas Section 380.8 of the Code
of Ordinances provides that
supplements bY resolution become
part of the Code of Ordinances.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE OWA:
Section 1. That Supplement No. 46
of the Code of Ordinances of the City
of Dubuque. Iowa. cove-ing Ordinances
through Ordinance No. 43-00 enacted
through May 15 2000 and prepared by
the Sterling Codifiere Inc, Weiser, ID
hereto filec in the Office of the City
Clerk of the City of Dubuque, iowa be
ane is hereby adopted and becomes
par~ of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed approved and adopted this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Ten'
Attest: Jeanne F. Schneider, City Clerk
Buo] moved aaoption of the
Resolution Seconded by Nicholson.
Motion carded 6-0.
Joint Public Notice - U.S. Army
Corps of Engineers/IDOT: Notice frorr
the U.S. Army Corps of Engineers and
the Iowa Department of Transportation
of the intent to construct a new four-
lane divided roadway along the north
side of Dubuque from Jonn F. Kennedy
:~oad east to U.S. Highway 52/iowa
Highway 3, Dresemed and read. Buo
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 6-0.
RESOLUTION NO. 468-00
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same qave ~een examined and
approvea; and
Whereas the premises to be
occupied Oy such applicants were
inspected and found to comply with the
Ordinances of this City and have flied
proper bonds.
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued the fo[lowing ~amed
applicants a Beer Permit.
CLASS "B" BEER PERMIT
Regular Session, Oct0b~r ;~, 2000 368
J & P O'Hara,
Happy Joe's ice Cream/PtZ:Za+
(Sunday Sale) 855 Century Dr
CLASS "C" BEER PERMIT
5 Point Mart Inc.
5 Point Mart +(Sunday Sale)
405 Rhomberg Ave
:~ainbo Oil Company
'(v~k Stab Food Matt+(Sunday Sale)
2360 Central Ave
Passed. approved and adopted this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0~
RESOLUTION NO. 4694)0
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been e.'<amined and approved;
eno
Whereas, the premises to be
occupied by such applicants were
insnected and faund to comply with the
State Laws and all City Ordinances
relevant thereto and they have filec
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 fcllo~4og namec
applicants a Liquor License_
CLASS "C'(COMMERCIAL)
BEER/LIQUOR LICENSE
Dog Gone Inc. Dog House Lounge+
(Sunday/Outdoor Sale)1646 Asbury Rd
Carol Anh Dunlap Carol's Place+
(Sunday Sa[e) 1689 Elm St
Richard W. Hirsch Ii Fat Tuesday's+
(Sunday Sale) 1121 University
CLASS "C'(SPECIAL) BEERANINE
LIQUOR LICENSE
Raymond Sanders Sugar Ray s
Barbaque 951 Main St
CLASS "C'(SPECIAL) BEER/WINE
LIQUOR LICENSE- (5-DAY)
Aramark Educationa Ser~ce.
Lores College Field House
1450 Alta Vista
Passed. approved and adopted this
2nd cay of October, 2000.
John H Markham Mayor Pro-Tern
Attest Jeanne F. Schneider. City Clerk
Buoi n~oved adoptio~ of toe
Resolubon Seconded by Nicholson
Motion carnee 6-0.
BOARDS/COMMiSSIONS:
Applicants are invited to address the
Council to express their desire to serve
an tile follo~ng Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION: ::)avid B.
Czamecki.
APPOINTMENTS m [he following
Boards/Cc 'omissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION: Bdanna
Tully. Vlichalski 'novao that Bdanna
TuIiy be appointed to the Youth
position for a term that will expire 6-1-
01 Seconded by Robbins. Motion
carded 6-0.
HOUSING COMMISSION (Section 8
Representative): Jeremy Austin; Joe
Hopkins.
Communication of Jeremy Austin
regarding his appointment aha
communication of Carleen Schroeder
regarding the appointment of Joe
Hopkins. Cline moved to table the
appointment anc readvertise.
Seconded by Buol Motion carried 6-0.
INVESTMENT OVERSIGHT
COMMISSION: Applicant: Chades
Spielman. Michaiski moved that
Charles Spjelman De appointed to fill
the unexpired three year Term which
will expire 7-1-02. Seconded by
Robbins. Motion carried 6-0.
Robbins moved to suspend the rules
to allow anyone present to address me
Council iftheyso desire. Seconded by
Nicholson. Motion carried 6-0.
2000 Sidewalk Assessment Project
:Center Grove/Cedar Cross
Road/Embassy West Drive):
Proofs of publication on notice of
headng o~ o~ans and specifications
and notice to property owners, and City
Manager recommending aooroval of
the project and an amended schedule
of assessments, ~rssenrea and reaa.
Michalski moved ~na~ ~ne oroofs De
received and filed. Seconded by Cline.
Motion carried 6-0.
Objections rorne 2000 Sidewalk
Assessment ~roject from: Thomas J
Hamel: Gary P/ab; Maxine aha Butt
Steve: John Van Duyn (Best Western
Dubuque Inn); ~ichard Hansel; Merlin
and Mary Merfeld: Jim Giesemann'
John eno Sally Herdg; Larry eno
Roberta Wolff; Gregory A. Bastian and
,John T. DunaKey (Chicago Central end
Pacific Rai[roaa); Ken maugen (Olive
Garden/: Hughes Court Investment
Company; petition containing 12
signatures petition c~ntaining 8
signatures presented and read (This
is 100% of propeFo/owners oeJecting to
the project.~ MichaIski moved that the
369 Regular Session, October 2, 2000
communications be received and filed.
Seconded by Cl[ne. Motion carried 6-0
Dick Hanse~ of Lake Ridge
SubdMsion. spoke stating he is 100%
in favor of sidewalks, stating they
should 3e installed when property is
developea.
John Herng, 13668 Surrey Lane
spoke stating sidewalks are valuable
3ut requested his Embassy West
oroperty be removed from the project.
Tom Zalaznik spoke for his father
objecting to the $18.000 assessment
Gary Pfab spoke objecting to the
assessment: a resident of 3347 Center
Grove spoke ~n opposition. J.A.
Graves of 3203 Cedar Lake Dr. spoke
n favor of the sidewalk. Jeff Weber
3450 Center Grove Dr spoke in
opposition. Maxine Steve. spoke
objecting to sidewalks until the property
s developed. Steve Kelly of Shinoak
Ct. and Paul Duester of Tamarack Ct.,
citing safety of walkers, spoke in favor
of sidewalks. Mark Molc, 150 Cedar
Cross Rd.. spoke in opposition. John
Tschiggfrie of Cedar Lake Subdivision.
spoke in favor of sidewalks. John Van
Duyn of the Dubuque mn spoke
objecting to the $44.000 assessment,
stating a high, dangerous retaining wall
would De heeded if sidewalks were
mandated. Tom Hammel, 305 Cedar
Cross :~d. objected saying sidewalks
are not needed now and would be put
~n wnen necessary. Jack Schumacher
of Shinoak Ct.. as a petitioner for the
sidewalks three years ago, spoke
stating they would De happy if there
were sidewalks on one side. Carla
Carlisle of Sh[noak Ct. spoke in favor of
sidewalks.
RESOLUTION NO. 470-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 30'" day of August,
2000, plans, specifications form of
contract and estimated cost were filed
with the City Clerk of Dubuque, own
for the 2000 Sidewalk Assessment
Project - Center Grave/Cedar Cross
Road/Embassy West Ddve.
Whereas, notice of hearing on plans,
specifications, form of contract and
estimated cost was published as
required by law.
XIOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the said olans, specifications
form of contract and estimatea cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project
Passec. adopted ano accroved this
2nd day of October 2000.
John H. Markham, Mayor Pra-Tem
Attest: Jeanne F. Schneider. City Clerk
Michalski moved adqption of the
Resolution. Seconded By Cline.
Motion carried 6-0.
RESOL~UTION NO. 471-00
ORDERING BIDS
NOW THEREFORE, BE iT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE iOWA:
That the 2000 Sidewalk Assessment
Project - Center Grove/Cedar Cross
Road/Embaesy West Drive is hereby
ordered to ae advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shat 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 adopma.
That the City Clerk is hereby directed
to advertise for oids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall nor
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m on the 24th any
of October. 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 o.m. on
the November 6. 2000.
~assed, adopted and approved this
2nd day of October 2000.
John H. Markham Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Cline.
Motion carried 6-0.
RESOLUTION NO. 472-00
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 2000
SIDEWALK ASSESSMENT --
CENTER GROVE ! CEDAR CROSS
ROAD/EMBASSY WEST DRIVE
Whereas the City Council ~es
proposed a Resolution of Neceesity for
the 2000 Sidewalk
Assessment--Center Grove/Cedar
Cross Road/Embassy West Drive has
Regular Session, October 2, 2000
37O
given notice of the public hearing
thereon as required by law; and
Whereas, the public hearing has
been held, all persons offedng
objections have been heard and
consideration given to ail 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:
Adopted as amended by the
Schedule of Assessments
attached hereto as Exhibit A,
and made a part hereof by
reference. All objectionsfiled or
made having been duly
considered are overruled.
Passed, adopted and approved this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Cline. Motion
carded 6-0.
Michafski moved to amend the
Resolution with respect to the adoption
of the Resolution of Necessity, and
stated that the Embassy West Dr.
sidewalk be continued and completed
within the year (8/01). Seconded by
Buol. Motion carried 6-0. Nicholson
moved to remove the Hansel and
Hammel property out of the 2000
Program. Seconded by Cline. Motion
carried 6-0. Nicholson moved to table
the public hearing to 11/6 and to direct
Staff to work with property owners to
voluntarily share the assessment for
construction of walks on the south side
of Center Grove and the west side of
Cedar Cross Road. Seconded by
MichalskL Motion carded 6-0.
Conceptual Development Plan -
Menard IncL - Tabled at Meeting of
9/5/00: Nicholson moved that this be
removed from the table. Seconded by
Buol. Motion carried 6-0.
Proof of publication on notice of
heating to consider rezoning property
on U.S. Highway 20 from C-3 General
Commercial and CS Commercial
Service and Wholesale District ~o PUD
Planned Unit Development District with
a PC Planned Commercial designation
to allow for development of a new
Menard's Store, and Communication of
Thomas W. O'Neil, Menard, Inc:,
stating that they have additional
information available for the requested
rehearing, presented and read. Buol
moved that the proof and
communication be received and tiled.
Seconded by Nicholson. Mo'don
carried 6-0.
Tom O'Neil, 477 Menard Dr., and
Jim Bradley spoke for the proposed
Ordinance. Dan CoyleofWHKS&Co.
explained the WHKS Study. Mike
Hoffmann, River City Stone, spoke in
opposition, citing the 10,000 trucks
entering and leaving each day. Ed
Tschiggffie, as owner of the quarw on
the south side of Hwy 20, spoke of not
being opposed to the project, but
opposed to moving the traffic light and
proposed that Menards build a left turn
lane with a tripper to turn west, to leave
the light, and to approve the zoning
with that stipulation. John Riley of
Riley's Oldsmobile, spoke stating that
a traffic light was turned down for AIdi's
a few years ago and stressed studying
all alternatives before making changes.
Mr. O'Neil of Menard's spoke
responding to comments and stated
they are open to working with the
quarry owners etc.
An Ordinance Amending Appendix A
(The Zoning Ordinance) o( the City of
Dubuque Code of Ordinances by
reclassifTing hereinafter described
property located along U.S. Highway
20 west of Westside Court from C-3
General Commercial District and CS
Commercial Service and Wholesale
Distdct to PUD Planned Unit
Development Distdct with a PC
Planned Commercial District
designation and adopting a Conceptual
Development Plan; with conditions, for
Menard, Inc., presented and read.
Buol moved to table the Public Hearing
and refer to the Zoning Advisory
Commission: Seconded by NichoIson.
Motion carried 6-0. Michalski moved
that Staff work with Menards, IDOT,
and others on this subject. Seconded
by Nicholson; Motion carried 6-0.
At 9:13 Council recessed; At 9:21
Council reconvened.
Tdple J. Land Company Rezoning:
Proof of publication on notice of
hearing to consider rezoning property
located at 2155 Rockdale Road from
R-3 Moderate Density Multi-Family
Residential Distdct to OS Qffice
Service District, presented and read.
371 Regular Session, October 2, 2000
Buol moved that the proof be received
and Qled. Seconded by Nicholsen.
Motion carded 6-0.
Eugene Bird, Chair of ZAC, spoke of
mree specific conditions for the
rezoning. Al Urbair., of Urbain
Architects, spoke requesting Counci
override condition of no curb cut on
Tower Dr. or drop rezoning request.
Jacoueline Herberger, 1560 Tower Dr
spoke ~n opposition to the rezoning.
Chris Chaney, 2270 Jaeger Dr., spoke
for the rezoning reoues~, with the
conditions in place.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
-eclassifying hereinafter described
sroperty located at 2155 Rockdale
Road from R-3 Moderate Density Multi-
Family Residential Distdct to OS Office
Se~/ice District. with conditions
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 76-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2155 ROCKDALE ROAD FROM R-
3 MODERATE DENSITY MULTI-
FAMILY DISTRICT TO OS OFFICE
SERVICE DISTRICT, WITH
CONDITIONS.
NOW THEREFORE. BE '-
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Cede of Ordinances is
hereby amenoea by rec[assifTing the
hereinafter described properly as
snown in Exhibit A, and to the center
line of the adjoining public right-of-way,
all in the City of Dubuque Iowa from
R-3 Moderate Density Mu[ti-Family
District to OS Office Service District.
Section 2, The foregoing
amendment has neretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque
iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Paseea, approved and adopted this
2nd day of October. 2000.
~ohn H. Markham Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 76-00
l, John F. George, represenung
Triple J. Land Company. LC.. hawng
read the terms and conditions of the
foregoing Ordinance No. 76-00 and
being familiar with the conditions
thereof, hereby accep~ this same and
agree to the conditions required
therein
Dated in Dubuque. Iowa this 2nd day
of October, 2000.
John F. George
Published officially in the Telegraph
Herald newspaper this 18th day of
October, 2000.
Jeanne F. Schneider. City Clerk
It 10/18
Buol moved that me requirement
tnat a proposea Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting a[ which it is to ee finally
passea be suspebded and further
moved final consideration and passage
of the Ordinance, with the remova~ of
the second condition Seconded by
Nicho[son. \4otion carried 6-0.
Bond Sale to Support Additional
Airpor~ T-Hangars: Proof of publication
on notice of public hearing and
communication of City Manager
recommending the issuance of
$690,000 for renovation and
construction of additional Airport T_
Hangars, presented and read. Robbins
move(] that the proof and
communicatior be received and filed.
Seconded by Cline. Motior carried 6-0
RESOLUTION NO. 473-00
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF .~OT TO EXCEED
$690,000 GENERAL OBLIGATION
BONDS
Whereas, oursuant to ~otice
published as required by ]aw this
Council has held a public meeting ana
hearing upon the proposal to institute
proceedings for the issuance of not to
exceed $696,000 General Obligation
Bonds for the essential corporate
purpose of paying costs of construction
of improvements at the Dubuque
Regional Airport, including those costs
associated with the rehabilitation and
improvement of existing T-hangar
airplane facilities and the construction
of new T-hangar airplane facilities ana
nas considered the extent of objecbons
received from residents or property
owners as ro sara proposed issuance
of Bonds aha accordingly the following
Reqular Session, October 2, 2000
37?
action is now considered to be in the
best interests of the City and residents
thereof:
NOW. THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section I. That this Council does
hereby institute proceedings and takes
addifonal action for the sale and
issuance in the manner required by [aw
of not to exceed $690,000 General
ObligalJon Bonds for the foregoing
essential corporate purpose_
Section 2. That th~ Resolution be
aha does hereby serve as a declaration
of official intent under Treasury
Regulation 1.150-2, because the City
reasonably expec[s to reimburse with
the proceedings of the Bonds, all or a
portion of odginal expenditures
incurred in connection w~th the above
purpose.
Section 3. The City Manager is
authorized and directed to proceed on
behalf of the City with the sale of said
Bonds, to select a date for the sale
thereof, to cause to be prepared such
~o~ce and sale information as may
appear appropriate, to publish and
distribute the same or, behalf of the
City and this Council and othenMse to
take all action necessary to permit the
sale of said Bonds on a basis favorable
to the City and acceptable to me
Council.
Passed and approved this 2nd day
of October 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Robbins moved that the
communication be received and filed
Seconded by Cline Motion carded 6-0
Sutton Pool Water Playground:
Proofs of publication on notice of
headng on plans and specifications
end not'ce to bidders on the receipt of
bids for construction of the Sutton Pool
Water Playground and City Manager
recommending that the one bid
received be rejected, presented and
read. Robbins moved that the proof
and communication be received and
flied. Seconded by Michalski. Motion
carded 6-0,
RESOLUTION NO; 474~00
RESOLUTION RESCINDING
RESOLUTION 413-00 PRELIMINARY
APPROVAL OF PLANS AND
SPECIFICATIONS FOR SUTTON
POOL WATER PLAYGROUND
CONSTRUCTION PROJECT
WHEREAS, an advertisement for
bids for the Sutton Pool Water
Playgrounc Construction Pro ecl was
published on August 25, 2000; and
WHEREAS, the C~ Counci~
deemed it advisable re reject all bids
received and re-bid the project at a
later date v~th modifications.
NOW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That Resolution No. 413-00
Preliminary Approval of Plans ana
Specifications for the Sutton Pool
Water Playground Construcfion ~roject
be rescinded and that the said project
be re-bid at a later date
Passed approved and adopted this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 6-0.
Five Flags Lavatory Stations
Rep~acemem Project Proofs of
publication on notice of headng on
plans and specifications and notice to
bidders on the receipt of bids for the
Five Flags Lavatory Stations
Replacement Project and City Manager
recommending to awara contract for
project, presented and read. Michalski
movea that the proof and
communication be received and filed.
Seconded b; Robbins. Motion carried
6-0.
RESOLUTION NO. 475-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 5th cay of
September, 2000, plans, soeciflcations
form of contract and esbmated cost
were filed ~ith the City Clerk of
Dubuque, Iowa for the Five Flags
Lavatory Stations Replacement
Project.
WHEREAS, notice of headng on
plans, specifications, form of contract,
and estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project,
Passed, approved and adopted this
2nd day of October, 2000.
dohn H. Markham, Mayer Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
373 Reqular Session, October 2, 2000
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 476-00
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
Five Flags Lavatory Stations
Replacement Project pursuant to
Resolution No. 430-00, and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa,
on the 8th cay of September. 2000
WHEREAS, said sealed proposals
were opened and read on the 21st cay
of September, 2000, and it has been
determined that the bid of KLAUER
CONSTRUCTION COMPANY in me
amount of $38,959 was the lowest bid
for the furnishings of all labor and
materials and performing the work as
~rovided for in the plans aaa
specifications
NOW THEREFORE BE IT
:~ESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
imcrovement be awarded to KLAUER
CONSTRUCTIQN COMPANY, and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
aerformance of the work
BE IT FURTHER RESOLVED:
That upon the s~gmng of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return me
aid daces[ts of the unsuccessfu
aidders.
Passee. approved and adopted this
2nd day of October, 2000.
John H. Markham Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Micha[ski moved adoption of the
Resolution. Seconded Dy Robbins.
Motion carded 6-0.
Duel moved to reinstate the rdles
imiting discussion [o the Council.
Seconded by Nicholson. Motion
carried 6-0.
Alta Place Stop Signs: City
Manager recommenelng the nstallation
of stop signs at the intersections of Alta
Place ano Decorah Street and Alta
Place and Delaware Street, presented
and read. Duel moved that the
communication be received and tiled.
Seconded by N[cholsee. Motion
carried 6-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuaue.
Iowa, by modifTing Subsection (bi of
Section 32-214 thereof providing for
the addition of stop signs on Alta Place
at Decorah Street and Delaware Street
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 77-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCEs OF THE
CITY OF DUBUQUE, IOWA, BY
MODIFYING SUBSECTION (bi OF
SECTION 32-214 THEREOF
PROVIDING FOR THE ADDITION OF
STOP SIGNS ON ALTA PLACE AT
DECORAH STREET AND
DELAWARE STREET
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That me Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding Alta Place
ana Decorah Street and Alta Place and
Delaware Street to Subsection (bi of
Section 32-214 thereof as follows:
"Sec. 32-214. Stop Intersections.
(bi.
Northbound and Southbound
Alta Street and Decorah Street
Alta Street and Delaware Street
Passed, approved and adopted this
2na day of October, 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider City Clerk
Published officially in the Telegraph
Herald newspaper this 9th aay cf
October. 2000.
Jeanne F. Schneider, City Clerk
It 10/9
Duel moved that the reauirement
that a aropeeed Ordinance be
considered and voted on for 2assage
at two Council Meetings prior to [he
meeting at which it is to be finally
passed be suspended and further
moved final consideration and ~assage
of the Ordinance. Seconded by
Nicholson. Motion carded 6-0.
Jackson Street - Two-Hour Parking:
City Manager recommending the
creation of a "Two Hour Parking" Zone
on me east side of Jackson Street from
Milwaukee Street to Ruby Street ~a
response to a petition from business
owners, presented and read. Robbins
moved that the communication be
received and filed. Seconded by Duel.
Motion carried 6-0.
An Ordinance Amending Section 32-
Regu ar Session, October 2, 2000
374
362 of the Code of Ordinances of the
City of Dubuque, Iowa. providing for
~vo-hour parking by adding certain
portions of Jackson Street, presen[ec
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 78-00
AN ORDINANCE AMENDING
SECTION 32-362(c) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, PROVIDING FOR
TWO-HOUR PARKING BY ADDING
CERTAIN PORTIONS OF JACKSON
STREET
NOW. THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by deleting Jackson
Street from Subsection (c) of Section
32-282 thereof as follows:
"Sec 32-262. Prohibited on
aesignated streets or portions thereof.
(c) Timezones designated.
Two Hour Time Zones
Jackson Street, west side, from one
hundred forty feet ',140') north of East
Tenth Street ts East Eleventh Streez:
both sides, from East Ninth Street to
East Tenth Street and from East
Eleventh Street to East Twelfth Street.
Section 2. That the Code of
Ordinances of the City of Dubuoue.
iowa. be amended by adding Jackson
Street [o Subsection (c) of Section 32-
362 thereof as follows:
"Sec 32-262. ~rohibited on
designated streets or portions thereof.
(c) Time zones designated.
Two Hour Time Zones
Jackson Street, west side, from one
hundred forty feet (140') north of East
Tenth Street to East Elevend' Street;
east side. from Milwaukee Street to
Ruby Street: both sides, from East
Ninth Street to East Tentn Street and
from East Eleventh Street to East
Tweffih Street Passed, approved and
adopted this 2"° day of October. 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of
October 2000.
Jeanne F. Schneider. City Clerk
It 10/9
Robbins moved that the reouirement
thai a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance Seconded by Buol
Motion carded 6-0.
Amendment to Section 32 of the
Code of Ordinances of the City of
Dubuque: City Manager recommending
an amendment to Sections 32-311, 32-
312. and 32-314 of the City of Dubuque
Code of Ordinances to remove three
lots trom the parking system ano
adding ~vo new lots. presented and
read: Buol moved that the
communication se receiveo anc tiled.
Seconded by Nichoison. Motion
carried 6-0
An Ordinance Amending the City of
Dubuque Code of Ordinances Section
32-311 designating municipally owned
parking lots by removing specific lots:
amending Section 32-312 Meters -
Insta[lafion Authorized and Directea:
and amending Section 32-314
Establishing Meters - Time and =ee
Schedule for Municipal LOtS Dy
removing the meter time and fee
schedule for specific cts. presented
and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 79-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 32-311
DESIGNATING MUNICIPALLY
OWNED PARKING LOTS BY
REMOVING SPECIFIC LOTS;
AMENDING SECTION 32-312
METERS INSTALLATION
AUTHORIZED AND DIRECTED; AND
AMENDING SECTION 32-314
ESTABLISHING METERS - TIME AND
FEE SCHEDULE FOR MUNICIPAL
LOTS BY REMOVING THE METER
TIME AND FEE SCHEDULE FOR
SPECIFIC LOTS
NOW. THEREFORE BE JT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA'
Section 1. Sec.32-311 of the City of
Dubuque Code of Ordinances is
amenaea To read as foIiows:
Sec. 32-311. 3esignated - Lots:
The various Municipally ownea
parking lots in the City shall be
designated and numbered as follows:
(1) Lot No. 1: The o~ situated
between Ninth and Tenth Streets and
Iowa Street and Central Avenue
(2) Lot No. 2: The lot situated at the
northwest corner of Ninth and 3luff
375 Regular Session, October 2, 2000
Streets and running parallel to Ninth
Street.
(3) Lot No. 3: The lot situated at the
northwest corner of .Fifth and Bluff
Streets.
(4) Lot No. 5: The lot situated at the
northwest corner of Twelfth Street and
Central Avenue.
(5) Lot No. 6: The lot situated on the
southwest corner of Eleventh and Bluff
Streets.
(6) Lot No. 7: The lot situated on the
northwest corner of Third and Main
Streets.
(7) Lot No. 10: The lot situated on
Fifth Street and the alley east of Locust
Street ano running Dam Ilel to the alley
from Fifth to Sixth Streets.
(8) Lot No. 12: The lot situated on
the northeast comer of Fourth Street
and Central Avenue.
Section 2. Seciton 32-212 of the
City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 32-312. Metem - installation
Authorized ano Directed.
The City Manager is. hereby
authorized and directed to insta
parking metem in those Municipally
owner~ parking lots designated
numerically as Lots No. 1 through 3, 5,
6, 7 and 10 for the purpose of, and in
such numbers and at such places as
may be necessary to the regulation,
control and inspection of the parking of
motor vehicles therein.
Section 3. Seciton 32-314 of the City
of Dubuque is amended to read as
follows:
Section 32-314. Meters-Time and
Fee Schedule for Specific Lots is
amended to read as follows;
Parking me[em on V~unicipally
owned parking lots. when installed and
oropeny operated, shall show legal
oarKIng uDon and after the deposit of
United States corns, anc in the
nonmetered 2arking lots parking
spaces sba ne -eservea in
accordance with the following
schedules:
(1) On Parking Lots N. 1.2.3.5, 6, 7
and 10 the amount of fee shall be
displayea on each parking meter and
shall indicate the period of fime allowed
for me padJcular United States coin
aeposit after meter has been placed in
operation. The maximum parking time
allowed shall De indicated or the
parking meter assigned to the meter
space to which it applies.
(2) On Parking Lot No. 3 reservec
2arking for each seace for the sixteen
(16) parking spaces for which parking
~netem nave not been installed shall be
rented through lease and agreement ey
City Council.
(3) On Parking Lot No. 5, -eservea
parking for each space for which a
oarking meter has not been installed
shall be reserved by the City for
assignment by the City Manager for
purposes of carrying out the business
of City government
(4) On Parking Lot No, 10, reserved
parking for nonmetered spa, ces shall be
between the houm of six o clock (6:00)
A.M. and six o'clock (6:00) P.M., daily,
excluding Saturdays Sundays and
holidays at a monthly rate of thirty-five
dollam ($35.00), payable each month
(5) On Parking Lot No. 12 'eserved
parking for nonmetered spaces shall be
between the hours of six o'clock (6:00)
A.M. and six o'clock (6:00) P.M. daily,
excluding Saturdays Sundays aaa
holidays at a monthly rate of twenty-five
($25.00) payable each month.
Notice of such 'estricfions, as
provided for in this Section, shall be
displayed at each lot. The owner or
operator of any vehicle who shall
receive notice either personally or by
the attaching of such notice to said
vehicle if said vehicle is parking in
violation of this subsection shall, when
such notice is served upon such owner
or operator or attached to said vehicle,
pay to the City Treasurer as a penalty
for such violation the sum of five dollam
($5.00).
Passed, approved and adopted this
2nd day of October. 2000.
John H. Markharr Mayor Pro-Tern
Attest: Jeanne F. Schneider City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of
October. 2000.
Jeanne F. Schneider. City Clerk
It 10/9
Buol moved that the requirement
that a proposed Ordinance ce
considered and voted on for passage
at bNo Council Meetings prior to tne
meeting at which it is to be finally
passed be suspeneeo and further
moved final consideration and passage
of the Ordinance. Seconded by
Nichoison. Motion carried 6-0.
Expanded Parking Meter District;
City Manager recommending an
amenoment to Section 32-336 of the
Code of Ordinances to expand] the
exisfing meter district to include me
east side of Bluff Street flor- 7th Street
to 8th Street, presented anc read
Robbins "~oved that the
communication be received and filed.
Seconded by Nichoison Carded
Reqular Session, October 2, 2000 376
the following vote: Yeas--Buol,
Markham, Michalski, Nicho]son,
Robbins. Nays--Cline.
An Ordinance amending the City of
Dubuque Code of Ordinances Section
32-336 establishing the municipal
parking meter district by including both
sides of Bluff Street from 3rd Street to
8th Street, presented and read.
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Vote on the motion was as
follows: Yeas--Buol, Markham,
Michalski, Nicholson,, Robbins.
Nays--C[ine. Motion failed due to lack
of 3/4 vote. Michaiski moved that this
be the first reading of the Ordinance.
Seconded by Robbins. Motion carried
6-0.
NLC Delegate: City Council to
appoint a voting delegate for the
National League of Cities' Congress of
Cities in December, presented and
read. Buol moved that Council
Member Nicho]son be appointed as
delegate. Seconded by Michalski.
Motion carried 6-0.
Salina Street Reconstruction: City
Manager submitting documents
providing for the reconstruction of
Salina Street, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Buol. Motion carded 6-0.
RESOLUTION NO. 477-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Salina Street
Reconstruction Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 6th day of November,
2000, a public hearing will be held at
6:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such hearing to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall be not less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
hearing, any interested person may
appear and file objections to the
proposed plans, spec~cations,
contract, or estimated cost of the
Improvement.
Passed, adopted and approved this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6-0_
RESOLUTION NO, 478-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CiTY OF DUBUQUE, IOWA:
That the Salina Street
Reconstruction Project is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
~rovisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
genera] circulafion 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 26th day
of October, 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 6th dayof November, 2000.
Passed, adopted and approved this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F~ Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6-0.
Pine Street - Request to Vacate: City
Manager recommending that a public
hearing be set for October 16, 2000 to
consider a petition to vacate a portion
of Pine Street, presented and read.
377 Regular Session, October 2, 2000
Buo[ moved that the communication be
received and filed. Seconded by
Nicho~son. Motion carried 6-0
RESOLUTION NO. 479-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
212A OF EAST DUBUQUE ADDITION
IN THE CITY OF DUBUQUE, IOWA
Whereas, the John L. Sadler and
Nathan J. Sadler, as tenants in
common, o/b/a Sad[er Power Train.
Inc., have requested the vacating of the
westerlyh17~ feet of Pine Street between
East 14 Street and East 15th Street.
Whereas, IIW Engineers &
Surveyors. P.O. ~as prepared and
submitted to the City Council s plat
showing the vacated portion of Pine
Street and assigned lot numbers
thereto, which hereinafter shall oe
known and described as Lot 2124, of
East Dubuque Addition in me City of
Dubuque, iowa; and
Whereas. the City Council of the City
of Dubuque. Iowa has determined that
this the westerly 17 feet of Pine Street
between East 14~h Street and East 15th
Street is no longer required for public
use, except for utility easements as
noted, and vacating and sale of said
portions of alleys and streets Known as
Lot 212A of East Dubuque Addition in
the City of Dubuque, Dubuque County,
iowa should be approveo.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUSUQUE. iOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
212A of East Dubuque Addition in the
Cityof Dubuque owa_
Section 2 That the conveyance of
Lot 212A of --asr Dubuque Addition in
the City of Dubuque owa to the John
_. Sad[er and Nathan _. Sadler as
tenants in common, be contingent upon
[ne payment of $3,648.00, plus platting,
publication and filing fees.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
ano egress thereto, for the purpose of
erecting installing,., construct!ng,
reconstructing, reca~r[ng, owmng,
operating, and maintaining water.
sewer, drainage: gas, telepnone, t.v.
cable and electric ines as may De
authorized Dy the City of Dubuoue
iowa. as indicated on the Prat of Survey
of Lot 212A of East Dubuque Addition
in the City of Dubuoue. Iowa.
Section 4. n consideration for the
conveyance of the foregoing property,
John L. Sadler and Nathan J. Sadler
as tenants in common, agree that they
shall each permanentJy screen all
outdoor storage now or hereafter
located on the proper(y conveyed
pursuantto this resolution so that such
outdoor storage cannot be seen from
anywhere outside the premises.
including but not limited to the elevated
highway adjacen[ [o the property. The
foregoing reeuirement shall be set forth
in the form of a restrictive covenant in
the deed of conveyance and may be
enforced by the grantor by injunctive or
other appropriate relief.
Section 5. That the City Clerk De
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as orescdbed by law.
Passed, approved and adopted this
2nd day of October. 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Sbhneider, Cit~ Clerk
Buol moved adoption of the
Resolution. Seconded by Niche[son.
Motion carried 6-0.
RESOLUTION NO. 480-00
RESOLUTION APPROVING PLAT OF
THE PROPOSED VACATED
WESTERLY 17 FEET OF PINE
STREET BETWEEN EAST 14TM
STREET AND EAST 15TM STREET
Whereas, there has been presented
to the City Council of the City of
Dubuque Iowa. a plat dated August
30, 2000, prepared by IIW Engineers &
Surveyors, P.C.. describing the
westerly 17 feet of Pine Street between
th th
East 14 Street and East 15 Street:
and
Whereas said plat conforms to the
~aws and statutes pertaining thereto.
~OW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the plat dated
August 30, 2000 prepared by fiW
Engineers & Surveyors, P.C., relative
To the real estate ~ereinabove
described be and the same is hereby
approved, and the Mayor and City
Clerk be ano they are hereby
authorized and directed to execute said
plat for and or behalf of the City of
Dubuoue Iowa.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
an(] egress theretc for me pureose of
erecting installing constructing,
reconstructing, repairing, owning,
operating, ano maintaining wa[er.
sewer, drainage, gas, telephone t.v.
cable and electric lines as may be
Reqular Sessio~ October 2, 2000
378
authofi2ed by the City of Dubuque,
lo~,,~ as indicated on the Plat of Survey
of Lot 212A of East Dubuque Addition
in the City of Dubuque, Iowa
Secfion 3 In consideration for the
conveyance of the foregoing property,
John L. Sad[er and Nathan J. Sadler,
as tenants in common, agree that they
shall each permanently screen all
outdoor storage now or hereafter
located on the properry conveyea
pursuant to this resolution, so that such
an~veere outside the premises,
including but not limited to the elevated
highway adjacent to the property. The
foregoing requirement shall be set forth
in the form of a restrictive covenant in
the deed of conveyance and may be
enforced by the grantor by injunctive or
other appropriate relief.
Section 4. That the City Clerk 3e
and is hereby authorized and directed
to file said plat and ce~fied copy of this
resoiufion in the office of the Recorder.
in and for Dubuque County Iowa.
Passed approved and adopted this
2ed day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adop~on of the
Resolution. Seconded oy Niche[son.
Motion carried 6-0.
An Ordinance Vacating the westedy
17 feet of Pine Street between East
14th Street and East 15th Street
~resented and read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 80-80
ORDINANCE VACATING A
PORTION OF KERPER COURT
Whereas, the City of Dubuque
Community & Economic Development
staff has requested the vacating of a
portion of Kerper CouP; and
Whereas; IIW Engineers &
Surveyors P.C. hss DraDared and
submitteci to the City Council a plat
snowing the vacated portion of Kerper
Court and assigned ct numbers
thereto, which hereinafter shall be
knowr and described as Lot 2A of
Kerper Industrial Park in the City of
Dubuoue. Dubuque County. lowa: and
Whereas, the City Council of the City
ef Dubuque. lo~a has determined that
mis portion of Kerper Court is no longer
required for public use, except for utility
s~sements es noted, eno vacaung of
s,~id portions of Kerper Court known as
Lot 2A of Keraer Industrial Park in the
City of Dubueue, Dubuque County
[OW:l ShOUld be ~pprovea
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lot 2A of Kerper
qdustdal Park in the City of Dubuque,
Iowa. be aec the same ~s hereby
vacated.
Section 2. The ~ity of Dubuoue
reserves unto tse]f a perpetua
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water.
sewer, drainage, gas, telephone,
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa. as shown on the Plat of Survey of
Lot 2A and Lot E of Kerper Industrial
Park.
Passed, approved and adooted this
4th day of October, 2000.
John -L Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald ne~?spaper this 9th aay of
October, 2000.
Jeanne F. Schneider, City Clerk
It 10/9
Buol moved that the requirement
~nat a 3reposed Ordinance be
considered and voted on for passage
at two Council Meetings crier to the
meeting at which it is to be finally
passed be suspended and ~urther
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. ~lotion carried 6-0.
Water Depar,~ment - Supervisory
Control and Data Acquisition System:
City Manager submitting aocumenrs
providing for the purchase ano
fabrication of the equipment for the
Water Department Suoervisory Control
and Data Acquisition System,
presented and read. CIine moved that
the communication be received aha
filed. Seconded by 3uol Motio-
carded
RESOLUTION NO. 481-00
PRELIMINARY APPROVAL OF
SPECIFICATIONS
Whereas the DrODOSed
soecifications and form of contract for
the fabrication of (ne Supervisory
Control And Data Acquisition System
to me EagIe Point Water Plant and
It'S satelIEe locations In Dubuoue.
Iowa. I~ the estimated amount of
$240.000 foilers.
379 Regular Session October 2, 2000
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE Cll-Y' OF DUBUQUE. IOWA:
Section 1. The proposed
sDecitications and form of Contract
are approved and ordered flied in me
office of the City Clerk for public
inspection.
Passed, approvea and adopted this
2n° day of Qctober. 2000.
John H. Markham, Mayor Pro-Tern
Attest:Jeanne F. Schneider, City' Clerk
Cline moved aaoption of the
:~esolution. Seconded by 3ual
Motion carded 6-0.
RESOLUTION NO. 482-00
FIXING DATE FOR HEARING
ON SPECIFICATIONS
Whereas, the City Council of the
City of Dubuque, Iowa has given 'ts
preliminary approval on the proposed
specifications, and form of contract
and placed same sn file in the office
of the City Clerk for public inspection
of the Supervisory Control And Data
Acquisition Sys[em for the Eagle
Point Water Plant ano t's satellite
NOW THEREFORE BE IT
RESOLVED BY THE CITY CQUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That on the 6~ day of November
2000 a publi? headng will be held a[
6:30 p.m. n the Public Library
Auditorium at which time interested
Demons may appear and be heard for
or against [he proposee
specifications, form of contract and
cost of said improvement and the
City Clerk be and is hereby directed
to cause a notice oft]me and p~ace of
sucr hearing to be published in a
news~aoer ~av[ng general circulation
n the City of Dubuque, Iowa. which
notice shall be not less than four days
nor more than twenty days prior to the
cay fixed for its consideration. At the
hearing, any interested person may
appear and file objections to the
proposea specifications contract, or
estimated cost of the improvemenT.
Passed. adoeted and aooroved this
2"" day of October, 2000.
John H. Markham Mayor Pro-Tern
Attest:Jeanne F. Schneider. City Clerk
Cline moved adODtlOr' of the
Resolution. Seconded Dy Dual.
Motion carried 6-0.
RESOLUTION NO, 483-00
ORDERING BIDS
NOW THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF -HE CiTY OF DUBUQUE, IOWA:
Section 1. That the fabrication of a
Suoervisory Contra and Data
Acquisition System to the E~gle Point
Water Plant located at 1902
Hawthorne Street, and t's satetlite
ocations in Dubuque, Iowa is hereby
ordered to be advertised for bids for
fabrication of said system
Section 2 That the amount of the
security to accompany each bid shall
be in the amount which shall conform
[o [he provisions of the notice to
bidders hereby approvee as par[ of
[he soecifications heretofore adopted
Section 3. That the City Clerk s
hereby directed to advertise for bids
for the fabdcafion of the improvement
herein provided to be ~ublished in a
newspaper having general circulafion
in the City of Dubuque, Iowa. which
notice shall not be less than four days
nor more than twenty eays pdor to the
receipt of said bids at 2:00 D.m on
Tuesday the 24'" day of October.
2000 Bids shall be opened and read
by the C~ Clerk at said time and will
be suomazea To the Counci for final
acuon at 6:30 p.m. on the 6~" day of
November 2000.
Passed, approved and adopted this
2"d day if October, 2000.
John H. Markham, Mayor Pro-Tern
Attest:Jeanne F. Schneider, City Clerk
Cline moved adoption of the
Reso[ufion. Seconded By Buol
Motion carried 6-0.
Water Department - Pennsylvania
Pump Station: City Manager
submitting documents providing for
construction of the Pennsylvania
Pump Station. presented ano reaa.
Robbins moved that the
communication be received ano filed.
Seconded by BuoL Motion carried 6-
0.
RESOLUTION NO, 484-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Whereas~ the proposea plans.
specifications and form of contract for
me construction of 1242 sq. ft.
building to the Pennsylvania
Standpipe at 4136 Pennsylvania
Avenue Dubuque. owa. ~n the
estimated amount of $363.000 dollars
nave beer prepareo Dy I.l.W.
Engineering Firm of Dubuaue. Iowa.
NOW THEREFORE BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
Section 1. The proposed plans.
specifications and form of Contract
are aooroved and ordered fi[ed in the
Reqular Session, October 2;2000
38O
office of the City Clerk for public
inspection
Passed aDeroved ana adopted this
2nd aay of October, 2000.
Jonn H. Markham Mayor Pro-Tem
Attest:Jeanne F. Schneider. City Clerk
Robbins moved adoption of the
Resolution. Seconded by Buol.
Motion carried 6-0.
RESOLUTION NO. 485-00
FIXING DATE FOR HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the
City of Dubuque, Iowa has given "is
preliminary approva on the proposed
slans specifications, and form of
contract and placed same on file in
the office of the City Clerk for public
inspection of the cons[ruction of a
new Pumo Station.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That on the BM day of November.
2000 a public hearing will De held at
6:30 p.m. ir the Public Library
Auditorium at which time interested
oersons may appear and be heard for
or against the proposed plans and
specifications, form of contract ane
cost of said Improvement, and the
City Clerk be ano is hereby directed
to cause a notice of time and place of
such hearing to De ~ublished in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
nofice shall be no[ less than four days
nor more [nan twenty days pdor to the
aa:/fixed for its consideration At the
headng, any interested person may
appear and file objections to the
DFODOSeQ - plans, specifications
contract, or estimated cost of the
improvement.
Passed, adopted and approved this
2n° day of October, 2000.
John H. Markham, Mayor Pro-Ten"
Attest:Jeanne F. Schneider, City Clerk
Robbi~s moved adoptio~ of the
Resolufion. Seconded by Buol.
Motion carried 6-0.
RESOLUTION NO. 486-00
ORDERING BIDS
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section I That the construction of
a 1242 sq. ft. building at [he
Pennsylvania Standetpe ocated
4136 =ennsylvania Avenue,
Dubuque, iowa is hereby ordered ro
be advertiseo for bids for
constructior..
Section 2. That the amount of the
security to accompany each bid shall
ce in the amourn which shall conform
to the provisions of the nouce to
bidders hereby approved as par[ of
the plans and specifications
heretofore adopted.
Section 3. That the City Clerk is
hereby directed m advertise for bids
for the construction o~ the
imorovemern herein provided to be
published q a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on Tuesday the 24~
day of October. 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. o~
the 6~ day of November, 2000.
Passed approved and adopted this
2"" day if October 2000.
Joi~n H. Markharr Mayor Pro-Tern
Attest~Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution Seconded ey Buol.
Motion carried 6-0.
Eagle Point Water Plant, Chlorine
Feed Room Exeansion: City Manager
submitting documents providing for
construction of the Eagle Point Wa[er
Plant Chlorine Feed Room
Expansion, presented and read.
Robbins moved that the
communication be received and -~led.
Seconded by Cline. Motion carried 6-
0
RESOLUTION NO. 487-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Whereas. the proposed p~ans
specifications and form of contract for
[ne construction of 935 sq. ft. room to
the EagIe Point Water Plant at 1902
Hawthorne Street Dubueue. Iowa 'n
the estimated amount of $125,000
dollars have Deer 3repared by LI.W.
Engineering Firm of Dubuque, iowa.
NOW THEREFORE, 9E IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. The proposed Plans.
specifications and form of Contract
are approved and ordereo filed in tl~e
office of me City Clerk for public
inspection.
Passed. approved and adopted this
2r~ day of October, 2000.
John -L Markham, Mayor Pro-Tern
AttestiJeanne F. Schneider. Cfiy Clerk
Robbins moved adopfion of the
381 Regular Session October2, 2000
Resolution. Seconded Dy Cl[ne.
Motion carded 6-0.
RESOLUTION NO. 488-00
FIXING DATE FOR HEARING ON
PLANS AND SPECIFICATIONS
Whereas, ~he City Council of the
CH of Dubuque Iowa has given its
preliminapJ approval on the proposed
plans, specifications and form of
contract and placed same on file in
the office of the CH Clerk for public
inspection of the cons~rucuen of a
new Pump Station,
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 6~ day of November.
2000 a public headng wi[[ be held at
6:30 p.m. in the Public Library
Auditorium at which time nterested
persons may appear and be heard for
or against the proposed plans and
specifications, forte of contract and
cost of said ~mprovement. and the
City Clerk De and is hereby directed
to cause a notice of time and place of
such headng to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall ~e not less thor four days
nor more than twenty days prior to the
day fixed for its consideration. At the
hearing, any interested person may
appear and file objections to me
proposea plans specifications.
contract or estimated cost of the
improvement.
3assed, adopted and aDDroved this
2"° day of October, 2000.
John H, Markham. Mayor Pro-Tom
Attest:Jeanne F. Schneider. C~ry Clerk
:~obbins moved adoption of the
Resolution. Seconded ey Cline.
Motion carded 6-0
RESOLUTION NO. 489-00
ORDERING BIDS
NOW THEREFORE. BE IT
RESQLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the construction of
a 935 sq. ft. room at the Eagle Point
Water Plant located ar 1902
Hawthorne Street, Dubuque, mwa is
hereby ordered to be advertised for
bids for construction.
Section 2. That the amount of the
security to accompany eacn bid shall
be in the amount which shall conform
to the provisions of the nouce to
b~dders hereby approvea as part of
the p aris and specifications
heretofore adopted.
Section 3. That the City Clerk is
hereby directed to advertise for bids
for the construction of the
improvement herein provided to 3e
publishea in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days pdor to the receipt of said
bids at 2:00 p.m. on Tuesday the 24"'
day of October, 2000 Bids shall ce
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 6TM day of November. 2000.
Passed, approved and adopted this
2"" day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest:Jeanre F. Schneider, City Clerk
Robbins moved adoo~on of the
Resolution. Seconded by Cline.
Motion carried 6-0
South Fork Sanitary Sewer - Phase
II ACceDrance: City Manager
recommending acceptance of the
South Fork Sanitary Sewer - Phase I
project and setting a public hearing
on the cot ~ection fees to the sanitary
sewer for October 16 2000.
presented and read. Michalski moved
that the communication be received
and ~i[ed. Seconded by Robbins.
Motion carried 6-0
RESOLUTION NO. 492-00
RESOLUTION PROVIDING FOR
NOTICE OF THE DATE, TIME AND
PLACE OF A PUBLIC HEARING ON
AN ORDINANCE ESTABLISHING
THE SOUTH FORK SANITARY
SEWER PROJECT- PHASE II AND A
SCHEDULE OF CONNECTION
FEES
Whereas, the Ci~ Council of the
City of Dubuque, Iowa, proposes to
establish by Ordinance after notice of
a 3ublic headng, the South Fork
Sanitary Sewer Project - Phase I! and
to provide a schedule of connection
fees therefor: ana
Whereas, Iowa Code Section
384,38(3) requires notice anoa oublic
headng on such Ordinance;
NOW. THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. The City Clerk is hereby
authorized and directed to publish
notice of the date, time anc place of
me heating on said oroooseo
Ordinance. which hearing shall be on
October 16, 2000, at 6:30 p.m. in the
Public Library Auditorium in the City
Reqular Session, october 212000
382
of Dubuque, Iowa, such publication to
be once each week for two
consecutive weeks in the manner
provided by Section 362.3, the first
publication of which shall not be less
than ten (10) days before the date of
the headng.
Secfion 2. The notice shall be in
substantially the following form:
Notice to Property Owners
Nofice is given that there is now on
file for public inspection in the office
of the Clerk of the City of Dubuque,
City Hail, Dubuque, Iowa, a proposed
Ordinance establishing the South
Fork Sanitary Sewer Project - Phase
II and providing for connection fees.
The Council will meet at 6:30 p.m. on
October 18, 2000, at the Public
Library Auditorium in the City of
Dubuque, Iowa, at which time the
owners of properly subject to
connection fees in the South Fork
San!tary Sewer Project - Phase II or
any other paten having an interest in
the matter may appear and be heard
for or against the sstab[ishment of the
Diet, ct, or the schedule of connection
fees. A person subject to such
connection fees will be deemed to
have waived all objections unless at
the time of headng, the person has
filed objections with the Clerk.
Section 3, Not less than fifteen
(15) days before the heating, the
Clerk shall also send a copy of the
notice by mail to each property owner
whose properly will be served by
connection to said City sewer and be
subject to the connection fees at the
address as shown by the records of
the County Auditor.
Passed, approved and adopted this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Tern
Attest:Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 490-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
South Fork Sanitary Sewer Project -
Phase II Project has been completed
and the C~ 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
end recommends its acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1.That the
recommendafion of the City Manager
be approved anc that smc
improvement be and me same is
hereby accep[eo.
BE [T FURTHER RESOLVED that
the City Treasurer be and he is
hereby directed to pay to the
contractor from the General Fund in
amount e(]ual to the amount of this
contract, less any retained
percenzage provided for therein.
Passed, approved and aaopted this
2nd day of October 2000.
John H. Markham, Mayor Pro-Tern
Attest:Jeanne F. Schneider. City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0
RESOLUTION NO. 491-00
FINAL ESTIMATE
Whereas. the contract for the
South Fork San[taW Sewer Project -
Phase II has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates.
notices and inspection and all
miscellaneous costs:
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of saic
improvement is hereby determined to
be $770,461.93 and the said amount
shall be paid from the General Fund
of the City of Dubuque Iowa.
Passed approved and adcpted this
2nd day of October 2000.
John H. Markham. Mayor Pro-Tern
Attest:Jeanne F. Schneider, CAy Clerk
Michalski moved adoption of the
:~esotufion. Seconded by Robbins.
Motion carded 6-0.
Fiscal Yea' 2001 Budget
Amendment: City Manager
recommending ',nat a cublic hearing
De set for October 16, 2000 to
consider an amendment to the Fisca.
Year 2001 Budget, presen[ee and
read. Cline moved that the
communication be received and filed.
Seconded Dy Buol. Motion cartied 6-
0.
RESOLUTION NO. 493-00
RESOLUTION DIRECTING THE
CITY CLERK TO PUBLISH
PROPOSED AMENDMENT TO THE
FISCAL YEAR 2001 BUDGET AND
DATE OF PUBLIC HEARING
383 Regular Session, October 2, 2000
Whereas. it is proposed that the
City of Dubuoue amend its Fiscal
Year 2001 budget; and
Whereas Section 384.16 of [he
Code of Iowa stipulates that a oublic
hearing must be held on such a
budget amendment.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to oubl[sh notice of public hearing on
an amendment to the adopted budget
for the City of Dubuque. Iowa.
=assed, approved and adopted this
2nd day of October. 2000.
John H. Markham Mayor Pro-Tern
Attest:Jeanne F. Schneider. City Clerk
C[ine moved adoption of the
Resolution and that the Public
Hearing be set for 10/16/00 at 6:30
P.M. in the Public Library Auditorium
and that the City Clerk public notice
in tne manner prescribed by law.
Seconded by Buol. Motion carried 6-
0.
Diseos[tion of Property to Plastic
Center Inc.: City Manager
recommending that a public hearing
be set for October 16, 2000 to
consider the disposition of property to
Plastic Center, Inc., presented and
read. Michalski moved [hat the
communication be received and filed.
Seconded by Robbins. Motion
carried 6-0
RESOLUTION NO. 494-00
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN
REAL PROPERTY BY DEED TO
PLASTIC CENTER, INC.
Whereas. [he City of Dubuoue.
Iowa (City} s the owner of the
following rea[ property (the Property);
LOt ' and Lot 2 of South Fork
ndustrial Subdivision No 1. Section
31, Townshio 89 North Range 2 east
of the 5th P.M. in Dubuaue County,
owa. according [o the 'ecorded plat
[nereo[
And Whereas Plastic Center, inc.
tPlastic Center) s the owner of
certain real 2roperty ocated on the
4ti* Street Peninsula which City
desires to acquire:
And Whereas City and Plastic
Center nave entered into an
agreement, subject to the aooroval of
the City Council, a copy of which is
now on file a[ the Office of the City
Clerk City HaE 13th and Centra
Avenue Dubuque, Iowa pursuant to
-which' City will convey a par~ of the
Property, 46 acres more or ess. as
shown in the agreement, to ~[astic
Center.
And Whereas, the City Council has
tentatively determined that it would be
in the best interests of the City [o
approve the agreement, including the
conveyance of such properly [o
Plastic Center.
NOW THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 't The City of Dubuque
intends to dispose of its interest in the
foregoing-described property Dy Deed
to Plastic Center Inc.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be
publishec as orescribed by iowa
Code Section 364.7 of a public
hearing on the City's intent to disoose
of the foregoing-described property,
to be held on the 16th day of October
2000 at 6:30 p.m. ar the Pubtic
Library Auditorium, 11th & Locust.
Dubuque. iowa.
Passed. approved and adopted this
2nd day of October, 2000.
John H. Markham, Mayor Pro-Terr
Attest:Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution and further set this for
public hearing on 10/16/00 at 6:30
P.M. in the Public Library Auditorium
and that the City Clerk publish notice
in the manner prescribed Dy [aw.
Seconded ey Robbins. Motion
carried 6-0.
Michalski moved that City Staff be
commended for their work anc
cooperation q connection with the
owa League of Cities Conference.
Seconded by Nicholson. Motion
carried 6-0.
Markham conveyed that this is the
220th anmversary of our Sister City,
Pyatigorsk and their City sends
greetings.
At 10:12 P.M., Michalski moved to
go into Closed Session re: Property
Acquisition (iowa Code §21.5(1)(~).
Seconded by Robbins. Motior
carded 6-0
At 10:31 P.M Council 'gconveneo
Regular Session stating rna[ Staff had
been given proper direction.
There being no further business
Cline moved to adjourn. Seconded
Reqular Session, October 2, 2000 384
by Nicholson. Motion cardec 6-0.
The meeting adjourned at 10:32 P.M.
/e/Jeanne F. Schneider
Cit~ Clerk
Approved ~/~2~ ./,~
2000
2OOO
385 Special Session, October 4, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Special Session.
October 4 2000
Council Met in Special Session au
5:00 P.M. in the Library Auditorium
Present: Mayor Duggan Council
Members Duel Cline. Markham
Michalski, Nicholson. Robbins, City
Manager Michael Van Milligen
Coreoration Counsel Barry Lindahl
Mayor Duggan read the call and
stated this is the special session of the
City Council called for the purpose of
acting upon sucn business which may
propeny come before the City Council.
Gordon Mills of the DurEant Group,
]nc. gave a review of Phase of the
Fourth Street Peninsula Development
Master Plan.
Disposition of Property on Kereer
Court (Flynn Ready-Mix): City Manager
recommending approva~ of the olat of
proposed vacated per'don of Kerper
Court. and that a public hearing be set
for October 16, 2000, to consider the
sale of proper~y to F[ynn Ready-Mix,
presented and read Michalski movec
that the communication be received
and ~iled. Seconded By Robbins.
Motion carried 7-0.
RESOLUTION NO. 495-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF
KERPER COURT
Whereas. there has been presented
to the City Council of the City of
Dubuque, Iowa. a plat dated August
15, 2000, prepared by IIW Engineers &
Surveyors, P.C., describing the
proposed vacated portion of Kerper
Court: and
Whereas, said plat conforms to me
laws and statutes pertaining thereto.
NOW THEREFORE, BE T
RESOLVED 9Y THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the oiat dated
August 15, 2000 prepare(] by IIW
Engineers & Surveyors, P.C. relative to
the real estate hereinabove described
be and the same is hereby approved,
and the Mayor and City Clerk ce ano
they are qereby authorized and
directed to execute said plat for and
behalf of the City of Dubuque owa.
Section 2. That the City of Dubuque
reserves unto itself a perpetual
easement including me right of ingress
and egress thereto, for the purpose of
erecting, installing, construct!rig,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer draipage gas telephone
cable; and e[ectri~ lines as may be
authorized by the City of Dubuque
Iowa. as shown on the Plat of Survey of
Lot 2A and Lot E of'Kerper industrial
Park.
Section 3.. That the' City Clerk be
and is hereby authorized and direc[ea
to file said plat and certified Ge py of this
resolution in the office of the Recorder.
in aha for Dubuque County, Iowa.
Passed, approved and adopted this
4th day of OctoBer. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Micha[ski moved adootion of the
Resolution. Secondec by Robbins.
Motion carried 7-C.
An Ordinance Vacating a portion of
Kerper Court, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 81-00
ORDINANCE VACATING A
PORTION OF KERPER COURT
Whereas me City of Dubuque
Community & Economic Development
staff has requested the vacating of a
portion of Kerper Court; aha
Whereas: IIW Engineers &
Surveyors, P.C. has 2repared ano
submitted To the City Council a plat
showing the vacated cortion of Kerper
Court an(~ assignee lot numbers
mereto which hereinafter shall ce
knowr and descdbed as Lot 2A of
Kereer Industrial Park in the City of
Dubuque, Dubuoue County, Iowa; and
Whereas the City Council of the City
of Dubuque owa has determined that
this 2oFdon of Kerper Court is no longer
required for public use, except for utility
easements as noted, and vacating of
said 2ortons of Kerper Court known as
Lot 2A of Kerper Industrial Park in the
City of Dubuque, Dubuaue County,
Iowa shoutd be approved.
',IOW THEREFORE BE T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE iOWA:
Section 1. That the rea estate
described as Lot 2A of KerDer
Industrial Park in the City of Dubuaue.
Iowa De dna the same s nereey
Special Session~ October 4, 2000
386
vacated.
Section2. The CH of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repeldng, owning,
operating, . and maintaining water,
sewer, d~inage, gas, telephone,
cable, and electric lines as may be
authorized by the City of Dubuque,
levee, as shown on the Plat of Survey of
Lot 2& and Lot E of Kerper Industrial
Park.
Passed. app(oved and adopted this
4th day of OctolSer, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaPer this 13th day of
October, 2000.
,Jeanne F. Schneider, City Clerk
It 10/13
Micha[ski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at 'b, vo 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
Robbins, Motion carded 7-0.
RESOLUTION NO. 496-00
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN REAL
PROPERTY BY DEED TO FLYNN
READY-MIX CONCRETE COMPANY,
WHEREAS, the City of Dubuque,
Iowa (City) is the owner of the following
real property (the Property):
Lot 1-2, Lot 2A and Lot 6 of Kerper
Industrial Park in the City of Dubuque,
Dubuque County, Iowa, according to
[he recorded plat thereof, consisting of
4.33 acres, more or less; and
WHEREAS, City and Flynn Ready-
Mix Concrete Company have entered
into an agreement, subject to the
approval of the City Council, a copy of
which is on file at the Office of the City
Clerk, City Hall, 50 W, 13~ Street,
Dubuque, Iowa pursuant to which City
witl convey the Property to Flynn
Ready*ML'~ Concrete Company; and
WHEREAS, the City Council has
tentatively determined that it would be
in the best interests of the City to
-apprave the agreement, including
conve¥~.nce of the Property to Flynn
Ready-Mix Coacrete Company.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1, Tire City of Dubuque
intends to dispose of its interest in the
foregoing-described Property by Deed
to Flynn Ready-Mix Concrete
Company.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be published
as prescribed by iowa Code Section
364.7 of a public headng on City's
intent to dispose of the foregoing-
described Property, to be held on the
16th day of October, 2000, at 6:30 p.m.
at the Carnegie-Stout Public Library
Auditorium, 360 W. 11~ Street,
Dubuque, Iowa.
Passed, approved and adopted this
4th day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution and further set this for
Public Headng on 10/16/00 at 6:30
P.M. in the Public Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by [aw
Seconded by Robbins. Motion carried
7-0. .
Property Acquisition and Property
Lease Along the Riverfront - Peavey
Company:
City Manager recommending that a
public hearing be set for October 16,
2000, to consider leasing City property
near 12th Street to Peavey Company,
presented and read. Markham moved
that the communication be received
and filed. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 497-00
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN REAL
PROPERTY BY LEASE TO CON
AGRA INC,i D/B/A PEAVEY
COMPANY
Whereas, the City of Dubuque, Iowa
(City) is the owner of the real property
shown on Exhibit A attached hereto
and legally described as follows: Lot 9,
Block 4, River Front Subdivision #2,
Dubuque, Iowa, The Property;
And Whereas, Con Agra Inc., D/B/A
Peavey Company (Peavey) desires to
lease the City Property for the purpose
of stadng commodities and other river
related business activities upon the
terms set forth in a Lease Agreement
and Offer to Buy Real Estate and
Acceptance now on file in the Office of
the City Clerk at City Hall, Dubuque,
Iowa,:
And Whereas, City and Peavey have
tentatively agreed to the Lease
Agreement, which among other things,
387 Special Session, October 4, 2000
erovides for a term through November
30. 2021:
And Whereas. the City Council nas
tentatively determined that it would be
in the best interests of the City to enter
into the Lease Agreement and Offer to
Buy ~eal Estate and Acceptance with
Peavey;
NOW. AND THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE iOWA:
Sec~on 1. The Ci~ of Dubuaue
intends to dispose of its interest in the
foregoing-described Property by Lease
Agreemenz to Con Agra Inc. D/B/A
Peavey Company.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be published
as prescribed by owa Code Section
364.7 of a public hearing on the Citys
intent [o dispose of the foregoing-
aescribed real properly, to be held on
the 16th day of October. 2000 at 6:30
p.m. in the Public Library Auditorium
11th and Locust. Dubuque. iowa.
Passed. approved and agopted this
4th day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Markham moved aaoption of the
Reso[u~on and further set this for
Public Hearing on 10/16/00 at 6:30
P.M. [n the :ublic Library Auditorium
and that the City Clerk publish notice in
the manner prescribed Dy law.
Seconded by Robbins. Motion carried
7-0.
There being no further business.
Cline moved to adjourn. Seconded by
Buol. Motion cardedT-0. ~-hemeeting
adjourned at 5:44 P.M.
Is/Jeanne F. Schneider
City Clerk
Approve~..~'~'.~. J~:;¢. 2000
2000
Clerk
Special Session, October 16, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
388
City Council. Special Session
October 16 2000
Council met for Dinner au 5:00 P.M.
in the _ibrary Rotunda
Council met in Special Session au
5:30 P.M. in the Library Auditorium
PresenT: Mayor Duggan. Council
Members Buol, Cline, Markham.
Michalski, Nicholson, Robbins. City
Manager Michael Vac Milligen
Corporabon Counsel Barn] Lindahl.
Mayor Duggan read the call and
stated this is a special session of the
City Council called for the purpose of
providing an update on the papedess
agenda process and to act upon SUCh
business which may properly come
before the Council
DJrectic q was g{ven to Council or
the usage of their laptop computers to
access the Council meeting agendas,
supporting aocurnents and also the
proper protocol for the usage of the
Intemet and E-maiL
adJourned at 6:25 P.M.
Jeanne F. Schneider
City Clerk
Ado~
Clerk
389 Regular Session, October 16, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Council met in Regular Sessio- al
6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council
Members Buol. Cline Markham
Michalski Nicholson. Robbins CH
Manager Michael Van Mii[igen
Corporation Counsel Barry Lindahl
Mayor Duggan read the call anc
stated this is [he regular session of [ne
City Council called for the purpose of
acting upon such business which may
properly come before the Council
nvooation was given by Reverend
Kenneth Helmke of Wartburg
Theological Seminary.
PROCLAMATIONS: Business
Women's WeeK (October 16 - 20.
2000) received by Dorothy Culbertson;
Childhood Lead Poisoning ~reventio-
Week (October 22 - 28. 2000)
received by Mary Rose Corrigan, Tami
Ernster, Liz Kemp, and Ken Garlow:
Spinal Health Month fOctober, 2000)
received by Dr. Todd Sourling James
D. Burke Day (October 20. 2000)
received by departing Community aha
Economic Director James D. Burke.
Dubuque County Sheriff _eo
Kennedy, Police Captain Mike Sullivan
and C~zens' for Jail Expansion
Committee Member Paul Gorrel[ gave
a presentation on the 9roposeo
City/County Jail Expansion.
CONSENT ITEMS:
Mr Jim Stock reouested qis
communication (Citizen
Communication D. Jim Stock regarding
a wa~er main connection fee for Oak
Meadows II) be removed for indiv
discussion. Mr. Stock. Developer of
Oak Meadows, sooke of connecting to
wa[er in 1990 and being led ro believe
there would be no hookuo fee. now nas
receiveo a bill after all rnese years.
Markham moved that this matter was
referred to [ne City Manager.
Seconded by Buol. Motion carried 7-0.
Minutes Submitted: Airport
Commission of. 9/25; Cable TV
Regulatory Commission of 9/20; Civil
Service Commission of 9/20: Zoning
Advisory Commission of 10/4: Zoning
Board of Adjustment of 9/26 presented
and read. Buol movea [nar ~he minutes
Be received and fileo. Secondec Dy
Nicholson. Motion carried 6-0
Convention and Visitors Bureau
submitting their quarterly repot[ for
August through September, 2000
presented and read. Buol moved thai
the repot[ De received and filed.
Seconded by Nicholson. Motion
carded 7-0.
Proofs of oublication for Council
Proceedings of 9/5~'00 and 9/18/00; ana
List of Claims and Summary of
:~evenues For month ending August 31
2000, presented and read. Buol
moved that the proofs be received and
tiled and aoerovea as 9ublished
Seconded Dy Nicholson. Motior
carded 7-0.
Financial report for the month enolng
September 30, 2000 presented anc
read. Buol moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0
~rinted Council Proceedings for
August 2000 presented and reaa.
Buol moved [hat the eroceedings be
approved as orinted. Seconded by
Nicholson. Motion carried 7-0.
Notice of Claims/Suits: Aaron ]steal
et al in undetermined amount for
property aamage; Ruth Loeffelholz in
estimated amount of $1,000 for
propers/ aamage; Mark Puccio in
estimated amount of $1,100 for
personal in uries to his son; Terryl E.
Stewart ir~ estimated amount of
$414.96 [or vehicle damage; Angela
Woolf in esumarea amount of $800.60
for vehicle damage; foreclosure notice
from First Union National Bank: notice
of lawsuit of AmbeF _ Huntington vs
Officer Forrest Trausch and City of
Dubuque Police Department
presented and read. Buol moved that
the claims and suits be referred to the
Legal Staff for investigation and reoort.
Seconded by ~icholson. Motion
carried 7-0.
Corporauon Counsel advising the
following c~a~ms have been referred to
Public Entity Risk Services of Iowa rne
agent for the owa Communities
Assurance Pool: Sue Bussan for
Reqular Session~ October 16, 2000
390
personal injuries; K~auer Development
Corporation for vehicle damage; Jay
Cottreli for vehicle damage, presented
and read Buol moved that the
communication be received and filed
and concurred with the
recommendation. Seconded by
Nicholson. Motion carded 7-0,
Corporation Counse~ recommending
denial of the vehicle damage claim of
Mona Turner, presented and read.
Buol moved that the communication be
received and filed and concurred with
the recommendation. Seconded by
Nichoison. Motion carded 7-0.
Corporation Counsel recommending
setttsmen~ of the proper6, damage
claim of ShelIa Czipar in the amount of
$20.00 and that the Finance Director
be directed to issue check, presented
and read Buol moved that the
communication be received and filed
and concurred w~th the
recommendation Seconded by
Nicholecn Motion carded 7-0.
Citizen Communications: A. John
Sanner, Kqauer Manufacturing
Company, requesting that parking be
restricted on 26~ and 27~ Streets: B.
Sunset Ridge Drive residents
requesting the City to assess the
properly owners by frontage foot on
Sunset Ridge Drive for resurfacing
work on their s~ree~; C. Petition from
residenm requesting that the
Parl?ng' zone on Hawthorne Street be
rescinded; B. Cletus J. Winter
regarding the Clarke Ddve repaying
projecg F. George A. Medert regarding
the neee to have a rail connection to
Chicago; G. Brian J. Kane
representing Cad and Maw Ann
Butbach. regarding a proposed
charitsble contdbutio~ to the City of
Dubudue: H. D,D. Roepsch regarding
Menard's request for a traf~c signal;
presented and read. Buol moved that
the communications be referred to the
C~'Manager. Seconded by Nicholson
Motion carried 7-0
Environ, mental SteWardship Advisory
Commission Vacancies: Public Health
Soecialist Mary Rose Cordgan advising
there are t~vo vacancies on the
cEnvironmentsl Stewardshp Advisory
ommission (Lstdcia Edross anc Peter
Sm}on), presented and read. Buol
moves that the communication be
received and filed. Seconae¢ Dy
NIcholson. Motion camed 74)
Dubuque Cby/Coumy Jail
Expansion: Communicatio~ from Joan
Schaefer Citizens [or the Dubuoue
City/County Jail Expansion, providing
information on the jail expansion
referendum presented and teac.
moved that the communication oe
received and filed. Secondec by
Nicholsor,. Motion carried 7-0.
Ornamental Railing - Acceptance:
City Manager recommending
acceptance of the 1999 Downtowr
Historical Neighborhood Ornamental
Railing Project presentec and read.
Buol moved that the communication be
received and filed. Secondec Dy
Nicholson Motion carried 7-0
RESOLUTION NO. 4984)0
I ACCEPTING IMPROVEMENT
Whereas, the contract for the 1999
Downtown Historical Neighborhood
Ornamental Railing Project has been
comp eted and the City Manager has
examined the work and filed ~is
certificate stating that the same has
been completed eccordin¢ to the terms
of the contract, plans and
specifications and recommends
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That [he recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE iT FURTHER RESOLVED rna~
the City Treasurer be and he is hereby
directed to pay to the contractor from
me Fiscal Year 2001 Steps, Handrail
and Wail Top Fencing Replacement
Budget Using Local Option Sales Tax
Funds in amount eeual to the amount
of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
16th day of October, 2000.
Torrance M. Duggan Mayor
Attest: Jeanne F, Schneioer. Cit~ Clerk
Buo] moved adootion of [ne
Resolution Seconded by Nicholson.
Motion carried 7-0
RESOLUTION NO. 499-00
FINAL ESTIMATE
Whereas, the contract for me 1999
Downtown Historica Neighborhood
Ornamental Railing Project has been
comcleted ans the Qty Engineer has
submitted his final estimate showing
the cos[ thereof indu :~Jng the cos[ of
estimates, notices and inspecuon and
all miscellaneous cos[s:
391 Regular Session, October 16, 2000
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 $26.567.00 and the said amount
shall be paid from the Fiscal Year 2001
Steps, Handrail and Wall Top Fencing
Replacement Budget Using Local
Option Sales Tax Funds of the City of
Dubuque, Iowa.
Passed, approved and adopted this
16th day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne'F. Schneider CityClerk
Buol moved adoDfion of the
Resolution. Seconded by ~licholson.
Motion carded 7-0.
William Bruggeman - Subdivision
Plat: Zoning Advisory Commission
advising of their approval of the Final
Plat of Bruggeman Acres, 1~ Addition.
presented and read. Buol moved that
[he communication be received and
filed. Seconded by Nicholson Motion
carried 7-0.
RESOLUTION NO. 500-00
RESOLUTION APPROVING THE
FINAL PLAT OF BRUGGEMAN
ACRES, FIRST ADDITION, IN
DUBUQUE COUNTY, IOWA
Whereas there has been filed with
the City Clerk a final plat of Bruggeman
Acres, First AddYdon in Dubuque
County; and
Whereas. said otat provides 3 feet of
frontage for Lots 2 and 3 where 60 feet
s reouired by Section 42-19 (b)
Subdivision Regulations; and
Whereas said olat has oeen
examined oy the Zoning Advisory
Commission and hac its aonroval
endorsed thereon; an¢
Whereas said plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances re[a'dng thereto.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That Secfion 42-19 (b) of
me Subdivision Regulations is waived
to allow Lots 2 and 3 to have 0 feet of
frontage, where 60 feet is required
Section 2. That the final plat of
Bruggeman Acres, First Addition, is
hereby approved, and the Mayor and
City Clerk are herecy authodzed and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said final
plat.
Passed approved and adopted this
16th day of October. 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo[ moved adoefion of the
resolution. Seconded Dy Nicholson.
Motion carried 7-0.
Municipal Treasurer's Award:
..Municipal Treasurers' Association
advising [nat the C[~s wdtten
investment policy has been certified By
the Municipal Treasurers' Association.
presented and read. Buol moved that
the communicafion be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
Dubuque Main Street Award: City
Manager advising that Dubuque Vlain
Street has given two awards to the Ci~
of Dubuque for the Cable Car Square
Antique Lights Project and the opening
of 8~ Street sresented and read. Buol
moved that the communication De
received and filee. Seconded by
Nicholson. Motion carried 7-0.
Newt Marine: Communication from
Gary Newt. Newt Marine Service,
regarding barge fleeting on CH Island,
presented and read. Buol moved that
this be referred to the City Manager.
Seconded by k[ichoison. Motion carried
7-0.
Business License Refunds: Cigarette
license refunds to Billie Bucks East
Street Tap, Old Shang, Admiral's
Hat. and Puff N Snuff; Beer and liquor
combination license refund to Billy
Buck's East Street Tap, presented and
read. 3uol moved that the requests be
received and filed ane approved
refunds. Seconded Dy Nicho[son.
Motion carried
RESOLUTION NO. 602-00
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY DF DUBUQUE. IOWA:
That the following having complied
with the provisions of law rela'dng to th e
sale of Cigarettes within tne CH of
Dubuque, Iowa, be granted a permit to
sell Cigarer:es and Cigare~e Papers
within said City.
NEW
Ron's Discount Smokes & Beverage
Center R & K LLC 1701 JFK Rd.
Passec, aooroved and adopted this
16th day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved aooption of the
resolution. Seconded by Nicholsor'
Motion carried 7-0.
Regular Session, October 16, 2000
392
RESOLUTION NO. 503-00
Whereas. applications for Beer
Permits have beer submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas. the premises to be
occupied by such applicants were
]nspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
RMK, LLC Ron's Discount Smokes
& Beverage Cnt+(Sunday Sale)
1701 JFK Rd
Eagle Food Centers, nc,
Eagle Fooc Center
Eagle Food Centers. Inc. Eagle Food
Center #320+(Sunday Sa[e)
2050 JFK Rd
Eagle Food Centers. Inc. Eagle Food
Center ¢130+(Sunday Sale)
1800 Elm St
Passed. approved and adopted this
16th day October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo[ moved adop~or of the
Resolution. Secondeo Dy Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS:
Applicants are invited to address the
Council to eXDrsSS their desire to serve
on the fo[lowing Boards/Commissions:
HISTORIC PRESERVATION
COMMISSION (Old Mai~ District):
Applicant - Audrey Henson. Mrs
Henson spoke requesting appointment.
APPOINTMENTS to the following
Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION (Two
Vacancies): Applicant David B.
Czarnecki. Michalski moved that David
B. Czarneoki be reaeeointed to a three
year term which will expire 10-1-03.
Seconded Dy Robbins. Mo'don carried
7-0.
Michalski moved to suspend the
'ules to allow anyone present to
adSress the Council if they so desire
Seconded by Robbins. Motion carried
7.0.
PUBLIC HEARINGS:
South Fork Sanitary Sewer
Connection Fee: City Manager
recommending appreval of the South
Fork Sanitary Sewer - Phase
Connection Fee schedule
Communications 2f property owners
objecting to the proposed connection
fee schedule, presented and read.
9uol moved that the communications
be received ano tiled. Seconded by
Nicholson. Motion carded 7-0
Roger Ritt and Mike Fettgether of N
Cascade Rd. spoke objecting to [ne
proposed assessment.
An Ordinance Establishing the South
Fork Sanitary Sewer Project- Phase II
connection fee schedule for the
connection of propers' to said City
sewer, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 83-00
AN ORDINANCE ESTABLISHING
THE SOUTH FORK SANITARY
SEWER PROJECT PHASE II
CONNECTION FEE SCHEDULE FOR
THE CONNECTION OF PROPERTY
TO SAID CITY SEWER
Whereas, after full consideration of
the final connectior fee scheduie
showing the connection fees proposed
to be made for the South Fork Sanitary
Sewer Project - Phase II which
schedule of connection fees was filed
in the office of the City Clerk on rne
28th day of September, 2000: and
Whereas the City Council has
determined that the amounts shown on
said schedule are proper and are n
proportion to the benefits conferreo:
and
Whereas ~ne City Council further
finds that the South Fork Sanitary
Sewer Project - Phase II connecuon
fee schedule should oe approved and
adopted.
NOW. THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. There is nereby
established the South Fork Sanitary
Sewer Project - Phase connection
fee schedule [or the connection-of
property to saic City sewer, attached
393 Regular SesSion, October 16, 2000
Section 2. At thetime of connection
of property to said City sewer the
owner shall pay a connection fee to the
City, as shown on the schedule
attached hereto in the full amount if
the entire sroperty is connected to said
City sewer, or pro-rated on the basis of
the percen[age of area connected as to
the total acreage, if only a portion of
the property is connected.
See~on 3. Such connection fee shall
be clue and payable when a sewer
connection application is flied with the
City Engineer. All fees collected under
this Ordinance shall be paid to the City
Treasurer.
Section 4 The C~ Clerk is hereby
authorized and directed [o ceCdfy a
copy of this Ordinance for recording in
the office of the Dubuque County
Recorder.
Passed, approved and adopted this
16'th day of October 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved that the reouirement
that a proposed Ordinance be
considered and voted on for passage
at [wo Council Meetings pdor to the
meeting at which it is to be tinaliy
passed be suspendec and further
moved tinal consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
3966 Asbury Road - Rezoning
:~eeuesr: Proof of publication on notice
of headng to consider rezonlng
Droperb/located at 3966 Asbury Road
from C-2 Neighborhooc Shop~ng
Center District to R-1 Single Family
:~esidential Distdct presented aaa
'eat Buol moved that the 9roof be
received and tiled. Seconded Dy
~licholson. Motion carded 7-0.
An Ordinance Amending Appendix A
Ithe Zoning Ordinance} of the City of
Dubuque Code of Ordinances by
,eelassifying hereinafter described
3roperty '~cated at 3966 Asbury Road
from C-2 Neighborhood Shopping
Center District to R-1 Single Family
~esidential District, presented and
(OFFICIAL PUBLICATION)
ORDINANCE NO. 84-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 3966 ASBURY ROAD FROM C-2
NEIGHBORHOOD SHOPPING
CENTER DISTRICT TO R-I SINGLE-
FAMILY RESIDENTIAL DISTRICT
NOW. THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubueue Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from C-2
Neighborhood Shopping Center Distdct
re R-1 Single-Family Residential
District, as shown in Exhibit A, and re
the center line of the adjoining public
right-of-way, all in the City of Dubuque,
iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubeeue.
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication as
provided by law.
Passed, approved and adooted this
16th day of October, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October 2000.
Jeanne F. Schneider City Clerk
It 10/20
Bec moved that me requirement
that a 9reposed Ordinance se
considered and voted on for passage
a[ two Council Meetings prior to the
meeting a[ which it is ~o be final[y
passed De suspended and further
moved final consideration anc passage
of the Ordinance Seconded by
Nicholson. Motion carried7-0.
2001 Rockdale Road - Rezonlng
Request: Proof of publication on notice
of hearing to consider rezomng
property located ar 2001 Rockdale
Road from C-1 Neighborhood
Commercial District and R-1 Single
Family Residential District to CS
Commercial Service and Wholesale
District, and an Ordinance Amending
Appendix A (the Zoning Ordinance) of
the City of Dubuoue Code of
Ordinances by reclassifying hereinafter
described property located ar 2001
Rockdale Road from R-1 Single Family
Residential District and C-'
Commercial District to CS Commercial
Service and Wholesale District
presented and read.
Brenda Sullivar., as renter of 2001
Rockdale, SDOKe i11 favor of the
Regular Session, October 16, 2000
39~t_
sroposed rezoning. Miche]le Malone
and Mike Malone, 1999 Rockdale
Roae, and Bill White of 2033 Rockdale
all spoke objecting to the proposed
rezoning. Markham moved that the
public headng be tabled and that
pa~e.~ [Ansels and Malones) and staff
work together and use mediation to
work ou[ differences. Seconded by
Buol Motion carried 7-0
Mayor Duggan removed himself from
acting on [ne following bNo Agenda
items and Mayor Pro-Tern Markham
took control of the meeting.
1105 Universit7 Avenue - Rezoning
Request: Proof of publication on notice
of hearing to consider rezoning
proper~ located at 1105 University
Avenue from C-3 General Commercial,
with conditions, to R-3 Moderate
Density Multi-Family Residential
District presented and read. Robbins
moved that the proof be received and
tiled. Seconded by Nicholson. Motion
carried 6-0.
Nick Hancock spoke requesting
zoning change [o allow property to be a
~our-plex.
An Ordinance Amending Appendix A
fthe Zoning Ordinance) of the City of
Dubueue Code of Ordinances by
reclassifying qereinafter asscribed
propers/ located au 1105 University
Avenue from C-3 General Commercial
District with conditions, to ~-3
Moderate Density Multi-Family
:~esidentia ~istric~ presented and
'ead.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 85-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 1105 UNIVERSITY AVENUE
FROM C-3 GENERAL COMMERCIAL
DISTRICT, WITH CONDITIONS, TO R-
3 MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE. 3E IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That Appendix A (the
Zoning Ordinance} of the City of
Dubuque Code of Ordinances is
hereby amended Dy reclassifying the
hereinafter described property from C-3
Genera[ Commercia District, with
conditions to R-3 Moderate Density
Multi-Family Residential District. as
shown ir Exhibi~ A, and to the center
line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa
Sectio~ 2. The foregoing
amendment has heretofore been
reviewed oy the Zoning Advisory
Commission of the City of Dubuque,
iowa.
Sec'don 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
16th day of October. 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F; Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October. 2000.
Jeanne F. Schneider, City Clerk
It 10/20
RoLLins moveo that the rec Jirement
that a proposed Ordinance be
considered and voted on for passage
a[ two Council Meetings pdor to the
meeting a[ which it is to be finally
passed be suspended and further
moved final consideration ano passage
of the Ordinance. Seconded by
Nicholson. Motion carried 6-0,
Near 3160 Cedar Cross Cour~ -
Rezoning Reques[: Proof of publication
on ~otice of hearing to consider
rezoning property located near 3160
Cedar Cross Court from AG
Agricultural District to R-1 Single
Family Residential District. presented
and read. Buol moved that the
communication be received and filed.
Seconded by Michalski. Motion carded
6-0.
Dean Dolphin, owner of the properzy
SpoKe in favc' of the proposed
rezoning.
An Ordinance Amending Appendix A
fthe Zoning Ordinance] of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter dsscribec
properzy located at near 3160 Ceds-
Cross Court frorr AG Agricultura!
District to R-1 Single :amiiy
Residential District. presented and
(OFFICIAL PUBLICATION)
ORDINANCE NO. 86-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
395 Regular Session, October'16, 2000
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
NEAR 3160 CEDAR CROSS COURT
FROM AG AGRICULTURAL
DISTRICT TO R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT
NOW, THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That Appendix A (the
Zoning Ordinancej of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from AG
Agricultural District [o R-1 Single-
Family Residential District, to wit:
Lot 3 of Mineral Lot 221, and to the
center line of the adjoining public right-
of-way, ail in the City of Dubuque,
Iowa.
Section 2. The foregoing
amendmem has heretofore beer
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately unon publication, as
provided by [aw.
Passed, approved and adopted this
16th day of October 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th cay of
October, 2000.
Jeanne F. Schneider City Clerk
It 10/20
Duel moved that the requirement
that a proposee Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting a[ which it is to ae finally
oassed be suspended and further
moved final consideration and passage
of [ne Ordinance. Seconded by
Michalski. Vlofion carded 6-0.
Mayor Duggan regained control of
the meeting.
Kathy Drive - Jaeger Heights
Subdivision -Rezoning Reauest: Proof
of publication on notice of hearing m
consider rezoning property located on
Kathy Drive of Jaeger Heights
Subdivision from R-1 Single Family
Residential District to R-2 Two-Family
Residential District :)resented anc
read. Robbins moved that the proof of
:)ublication be received and filed.
Seconded by 3uol. Motion carried 7-0
An Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located along Kathy Drive
from R-1 Single Family Residential
Distdct [o R-2 Two Family Residential
District, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 87-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ALONG KATHY DRIVE FROM R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO R-2 TWO-FAMILY
RESIDENTIAL DISTRICT
NOW, THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuoue Code of Ordinances s
hereby amended by reclassifying the
hereinafter described property from R-1
Single-Family Residential District to R-
2 Two-Family Residential Distdc[, as
shown in Exhibit A, and to the center
ine of the adjoining public right-of-way
all in the City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque
owa.
Section 3. This ordinance shall take
effect immediately upon publication as
provided by law.
Passed, approved and adopted this
16th day of October 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th cay of
October. 2000.
Jeanne F. Schneider, City Clerk
It 10/20
Robbins moved that the requirement
that a proposeo Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended aha further
moved final consideration aha passage
of the Ordinance Seconded by Buol
Motion carried 7-0.
End of Julien Dubuque Drive -
Rezoning Request: Proof of oublication
on notice of heating [o consider
rezomng property located at the end of
Julien Dubuque Drive in conjunction
with annexation from P Planned
Regular Session, October 16, 2000
396
'ndusthal District and County AG to R-1
Single Family Residential District,
presented and read. Dual moved that
the proob be "eceived and flied.
Seconded by MicheiskL Motion carded
Wayne Buchheiz spoke in favor of
the proposed rezoning.
An Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of
Dubuque Code Df Ordinances by
reclassf~ng hereinafter described
property located along Julian Dubuque
Ddve from Pi Planned Industrial Disthct
to R-1 Single Family Residential
District, presented and read. Buol
moved that the proofs be received and
filed. Seconded by MichalskL MotJor
carded 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 88-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ALONG JUUEN DUBUQUE DRIVE
FROM PI PLANNED INDUSTRIAL
DISTRICT TO R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1 That A~oendL'( A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by 'eclassifying the
hereinafter described property from Pi
Planned Industrial District to R-1
Single-Family Residential District ro
wit:
Lot 1 of Lot i NW 1/4 of the NE 1/4.
Lot 1 of Lot 1 of Fractional Government
Lot 1, _at 1 of Rook Cut Subdivision.
_ct A of Government Lot I and Lot 3
=factional Governmen~ Lot I all in
Section 6, T88N, R3E 5th P,M., in City
of Dubuque, Iowa.
Section ~. The foregoing
amendment has heretofore Been
revleweo by the Zoning Advisory
Commission of the City of Dubuque
IOWa,
Section 3. This ordinance shall lake
effect immediately uocn ptlblication as
provided by [aw.
Passed. approved and adopted this
16th dayofOctaber, 2000
Torrance M Duggan, Mayor
Attest: Jerome F, Schneider, City Clerk
Published officially in the Telegraph
Herald ~ewspaper this 20th day of
October. 2000.
Jeanne F. Schneider, City Clerk
It 10/20
Buei moved that the requirement
that a proposec Ordinance be
considered and voted on for passage
at two Council Meetings prior TO the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Michalski. ~otion carried 7-0.
David Hartig - Text Amenament:
Request of David HaYdg to amend the
Zoning Ordinance to add limitations on
the size of political signs, and
communication from David Hartig
relating [o political s~gns, and an
Ordinance Amending Appendix A (the
Zoning Ordinance) of the Code of
Ordinances of the City of Dubuque,
Iowa, by amending Section 4-3.5(c)
pertaining m a size limitation for
;oli~cal signs, presented and reaa.
Markham moved to receive and file the
communications and to concur with the
denial of the Zoning Advisory
Commission. Seconded by Dual.
Motion carried 7-0.
City of Dubuque - Text Amen dmem:
City of Dubuaue requesting to amend
the Zoning Ordinance to delete the
durational limits for polbical signs,
presented and read. Micha]ski moveu
that the communication De received
and flied. Seconeed Dy Nicholson
Motion carded 7-0
Ar Ordinance Amending ~ne (the
Zoning Ordinance) of the Code of
Ordinances of tne C~ of Dubuque,
Iowa, by amending Section 4-3
regulating political signs by deleting me
duratiBnal limitations for such signs,
Bresented anc read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 89-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY AMENDING
SECTION 4-3.5(C) REGULATING
POLITICAL SIGNS BY DELETING
THE DURATtONAL LIMITATIONS
FOR SUCH SIGNS.
NOW, 'THEREFORE. BE T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, tOWA:
397 Regular Session, October 16, 2000
Section I Appendix A (the Zoning
Ordinance) of the City of Dubuaue
Code of Ordinance is hereby amended
by amending Secfion 4-3.5(c) as
follows:
4-3.5. Exempted signs. The
following types of signs are exempted
from the requirements of the
Ordinance:
(C) Political signs. Such signs shall
not be placed in any public right of way
or in visibility triangles as defined n
Section 4-4.6(5) corner lots.
Secrion 2. That the foregoing has
heretofore been reviewed by the
7on[ng Advisory Commission of the
City of Dubuque, iowa.
Section 3. This Ordinance shall take
effect immediately upon publication.
Passed, approved and adopted this
16th day of October 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F, Schne[deL City Clerk
Published officially in the Telegraph
Herald newspaper this 20ffi day of
October, 2000
Jeanne F. Schneider,.City Clerk
It 10/20
Michalski moved that the
reouirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pnor
to the meeting at which it is to be finally
passed De suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Morion carried 7-0
Pine Street - Request to Vacate:
City Manager recommending approval
of the disposition of the westerly 17
feet of Pine Street right-of-way to
Sadier Power Train, Inc., presented
and read. Robbins moveo that the
communicarion be received and filed.
Seconded by Markham. Motion carried
?.0.
RESOLUTION NO. 505-00
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 212A OF EAST
DUBUQUE ADDITION IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas oursuant to resoJu*Jon and
published notice of time and place of
heaitng, oubl[shed in me Telegraph
Hereld a newspaper ef general
circularion oublished in the City of
Dubuque, Iowa or~ 6th day of October,
2000, the City Council of the City of
Dubuque, cwo met on the 16th day of
October, 2000. at 6:30 P.m. in the
gublic Library Auditorium, 11th and
Locust Dubuque, Dubuque, County
mwa [o consider the proposal for the
sale of real estate described as
Lot 212A of East Dubuoue Addition
in the City of 3ubuoue, Dubuque
County, Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
I objections, ora[ or wdtten to me
proposal [o sell such rea[ estate.
except for easement as noted.
NOW THEREFORE. 3E T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot 212A of East Dubuque Addition in
the City of Dubuque, iowa to John b
Sad[er and Nathan J. Sadler, as
tenants in common, be and ti- ~ same is
hereby approved for me sum of
$3.648.00 plus cost of pubiicarion
platting and Qling fees. Conveyance
shall be by Quit Claim Deed
Section 2. The City of Dubuque
reserves unto itself a perpetua[
easement including the right of ingress
and egress thereto, for the purpose of
erecring, installing, construction
reconstructing, repairing, owning,
ooerefing, and maintaining water,
sewer, drainage gas telephone, t.v.
cable, and electric lines as may De
authorized by the City of Dubuque,
Iowa as indicated on the Plat of Survey
of Lot 212A of East Dubuque Addition
in the City of Dubuque, Iowa.
Section 3. That the Mayor be
authorized and directed [o execute a
Quit Claim Deed ana [he City Clerk be
and is hereby authorized and diremeD
to deliver said deed of conveyance to
John L Sadler and Nathan J. Sadier,
as tenants i- common. Jpon receipt of
the purchase pdce in full.
Section 4. In consideration for the
conveyance of the foregoing property,
Johr b Sadler and Nathan J Sadler
as tenants in common, agree that they
shall eacn permanem~y screen a
outdoor storage now or hereafter
ocated or me property conveyed
~ursuant to this resolution, Jo that such
~utdoor storage cannel be seen from
anywhere outside the orem~ses,
including but not limited to the elevatec
highway adjacent to the property. The
foregoing requirement shall be set forth
in the form of a restrictive covenant ir
the deed of conveyance and may be
enforced by the grantor by injunctive or
pther appropriate relief.
Section 5. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this 'esolufion
in the office of the City Assessor,
Re.qular Sess on, October 16, 2000
398
Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this
t6th day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbths moved adoption of the
Rssolu~om Seconded by Markham.
Motion carried 7-0.
West of Cousins Road on Seippel
Road - Re. zoning Request Proof of
publication on notice of hearing to
consider rezoning property located
west of Cousins Road on Seippel Road
from AG Agdcuitural District to C-3
General Commercial District, presented
and read. Markham moved that the
proof be received and filed. Seconded
by Buoi. Motion carded 7-0.
An Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassitying herethat~er described
properly located along Seippel Road,
west of Cousins Road; from AG
Agricultural District to C-3 General
Commercial Distr~ct, presented and
read,
(OFFICIAL PUBLICATION)
ORDINANCE NO. 90-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ALONG SEIPPEL ROAD; WEST OF
COUSINS ROAD, FROM AG
AGRICULTURAL DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1, That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from AG
Agricultural District to C-3 General
Commercial District, and to the center
line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa, to wit:
Lot 2 of 1 and Lot 2 of 2, South Fork
Industrial Subdivision No.1, Section 31,
T89N, R2E of 5th P.M,, and to the
center line of the adjoining public right-
of-way, all in the City of Dubuque,
Section 2, The foregoing
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3 This ordinance shall take
effect immediately upon publication, as
provided by law
Passed. approved and adopted this
16th day of October, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October, 2000.
Jeanne F. Schneiden City Clerk
It 1020
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finaliy
passe(] be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by Buol.
Motion carded 7-0.
Plastic Center. Inc.: City Manager
recommending approval of the
dispos~on pf real property by deed [o
=lastic Center, Inc. and approval of an
agreement with Plastic Center for the
acquisition of property owned by
Plastic Center. Inc. on the Fourtl'
Street Peninsula, presented and read
Cline moved thai the communicatio~
De received ane flied Seconded Dy
Nicholson. Motion carded 7-0.
RESOLUTION NO. 506-00
DISPOSING OF THE CITY OF
DUBUQUE'S INTEREST IN REAL
PROPERTY BY DEED TO PLASTIC
CENTER, INC. AND APPROVING AN
AGREEMENT WITH PLASTIC
CENTER FOR THE ACQUISITION BY
THE CITY OF DUBUQUE OF REAL
PROPERTY OWNED BY PLASTIC
CENTER, INC. ON THE FOURTH
STREET PENINSULA
Whereas. the City of Dubuque, owe
(City) is the owner of the following real
property (the Property):
Lot 2 of 1 and Lot 2 of 2 of South Fork
industrial Subdivision No. 1, Section
31, Township 89 North Range 2 East of
the 5th P.M_ in Dubuque County, Iowa
according to me recorded ;lat thereof
consisting of 46 acres more or less.
And Whereas. Plastic Center ~nc.
(Plastic Center} is the owner of certain
rea] property located on the 4th Street
Peninsula which City desires to
acquire;
And Whereas. City and Plastic
Center ~ave entered nto an
Agreement, a copy of which is attached
399 Regular Session, October 16, 2000
hereto, pursuant to which City will
convey the Property ta Plastic Center
and in consideration for which Plastic
Center will convey certain property to
Cfty;
And Whereas, on October 16. 2000.
the City Council pursuant to nofice
published as required by law held a
public hearing on its intent to dispose
of the foregoing interest in the PropeRy
and overruled all objections thereto:
And Whereas, the City Council finds
that it is in the best interest of the City
to approve the Agreement and the
disposition of the Property as provided
in the Agreement.
NOW. THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The Agreemem attached
hereto anc the disposition of the
above-described Property is hereby
aooroved. The Mayor ~s hereby
authorized and directed to execute the
Warranty Deed attached hereto
disposing of all of the City's right, fitle
and interest in the foregoing-described
Prope~ to Plastic Center Inc.
Section 2 The City Clerk is hereby
authofizec and directed to cause this
Resolution to be recorded with the
Dubuque County Recomer.
Passed, approved and adopted this
16th cay of October. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adootion of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
~eavey Company- Disposition of
Property: City Manager recommending
approva of the disposition of City-
ownea DrODer[y by [ease to Peavey
Company and approva; of an
agreement [o eurcnase real property
from Peavey Company, presented and
reaa. Michalski moved that the
communication De received and filed.
Seconded by Nicholson Motion
carried 7-0
Loras Pape. as a taxpayer, spoke
objecting to the high orice being eaid
for [he property ane the ~ow selling
price
RESOLUTION NO. 507-00
DISPOSING OF AN INTEREST IN
REAL PROPERTY BY LEASE TO
CON AGRA INC., D/BIA PEAVEY
COMPANY AND APPROVING OF AN
AGREEMENT TO PURCHASE REAL
PROPERTY FROM CON AGRA INC.,
D/B/A PEAVEY COMPANY
Whereas the City of Dubuque. Iowa
(City) is the owner of the real property
legally described as follows: Lot 9
Block 4, River Front Subdivision
Dubuque Iowa, the City Property;
And Whereas, Con Agra mc., D/B/A
Peavey Company (Peavey) desires to
lease the City Property for the purpose
of storing commodities and other river
related business activities upon the
terms set forth in the Lease Agreement
attached hereto;
And Whereas. Peavey Company is
[he owner of the rea[ property legally
described as follows: All lots 39A, 19.
1-18, 1-17, 1-1-16 of Block 26; all of
LOtS 11 through 25 inclusive 1-26. 1-
!7, 1-1-28, 1-9, 1-8, 1-1-7, 39A, 39B,
~ar[ of Lot 10. all of Block 22; All of Lot
of Public Square All of Lots 1-20 thru
-33 inclusive. Lot 39A of Block 11 (the
Peavey Property);
And Whereas. the Cfty desires
purchase the Peavey Property for
develoement of the Fourth Street
Peninsula upon the terms set forth in
[ne Offer to Buy Real Estate and
Acceptance attached hereto:
And Whereas, the City Council held
a public headng on the City's intent to
dispose of the foregoing descdbed City
Property on the 16th day of Octobel.
2000 pursuant to nofice as required by
law. and following the public hearing
overruled all objections thereto;
NOW. AND THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE: IOWA:
Section 1. The Cit7 Council of the
City of Dubuque hereby approves of
the Lease Agreement with Con Agra
nc. D/B/A Peavey Company, at[ached
nereto, for the above-described City
Propers.
Section 2. The City Council of the
City of DubL que hereby approves
the Offer m Buy ~eal Estate ana
Acceptance with Con Agra Inc., D/B/A
Peavey Comoany attached hereto.
Section 3 The Mayor is hereby
authorized and directed to sign the
Lease Agreement and Offer [o Buy
Rea Estate on behalf the City of
Dubuque
Section 4. The City Clerk is hereby
authorized and directed to 'ecord this
Resoluuon with the Dubuque County
Recorder.
Passed approved and adopted this
16th day of October. 2000.
Torrance M. Duggan, Mayor
Attest: deanne F. Schneider, City Clerk
Micha!ski moved aooption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
4OO
Reqular Session, October 16, 2000
Fiynn Ready-Mix - Disposition of
Property on Kerper Court: City
Manager recommending approval of
the disposition of City-owned property
on Kerper Court to Flynn Ready-Mix
and a development Agreement with
Flynn Ready-Mix Concrete for the sale
and development of Kerper Court
property, upon motion received and
tiled. Markham moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0:
RESOLUTION NO. 508-00
RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT
PROVIDING FOR THE SALE AND
PRIVATE DEVELOPMENT OF LOT 1-
2, LOT 2A AND LOT 6 OF KERPER
iNDUSTRIAL PARK IN THE CITY OF
DUBUQUE, IOWA, TO FLYNN
READY-MIX CONCRETE COMPANY
Whereas, this Council. by Resolution
No 496-00 dated Octoeer 2, 2000,
declared its intent to enter into a
Development Agreement with Flynn
Ready-Mix Concrete Company for the
sale and development of Lot 1-2, Lot
2A and Lot 6 of Kerper Industrial Park
in the City of Dubuque, Iowa, (the
Property); and
Whereas, pursuant ts published
notice, a public hearing was held on
the proposed disposition on Octobe'
16. 200{:. at 6:30 p.m. at the Carnegie-
Stout Public Library Auditorium, 360 W.
11th Street. Dubuque, iowa.; aha
Whereas, it is the determination of
this Council that approval of the
Development Agreement for the sale to
and development of the property by
Flynn Reaay-Mix Concrete Company
according to the terms and conaitions
set out in the attached Development
Agreement is in the public interest of
me citizens of the City.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNC L
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 1. That the attached
Development Agreement by and
between the City of Dubuque and Flynn
Ready-Mix Concrete Company and the
sale of the Property to Flynn Ready-Mix
Concrete Company is hereby
approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Development Agreement on behalf of
the City and City Clerk is authorized
and directed to attest to his signature.
Section 3. That the Mayor and City
Clerk are hereby authorized and
directed to execute and deliver a
Special Warranty Deed for the Propere,
as orovided in the Development
Agreemen[
Section 4. That the City Manager is
authorized to lake such actions as are
necessary To comply with the terms of
the Agreement as herein approved.
Passed, approved and adopted this
16th day of October. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cit~ Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Fiscal Year 2001 Budget
Amendment: City Manager
recommending approval of an
amendment to the City of Dubuque's
Fiscal Year 2001 ouege[, presented
and read. Micha[ski moved that me
communication be receivee ana fl~ed.
Seconded by Nicholson Motion
carried 7-0
401 Regular Session, October 16, 2000
RESOLUTION No. ~09-00
Michalski moved adootion of zne
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Markham moved that me rules De
'einstated limiting discussion m the
Council. Seconded by Robbins.
Motion carried 7-0.
ACTION ITEMS:
1266 Central - Projecting Sign: City
Manager recommending approval of a
nght-of-way encroacnmen[ (projecting
sign) at 1266 Central at the reauest of
Colleen Wallace oresented and reaa.
Robbins moved that the
oommunica'don be received and flied.
Seconded by Nichoison. Motion
carried 7~0.
An Ordinance .Authorizing Colleen
Wallace to Construct a Projecting Sign
at 1266 Central presented and rea(].
{OFFICIAL PUBLICATION)
ORDINANCE NO. 91-00
AN ORDINANCE AUTHORIZING
COLLEEN WALLACE TO
CONSTRUCT A PROJECTING SIGN
AT 1266 CENTRAL
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Colleen Wallace. as
the owner of the premises Known as
1266 Central, Dubuque, ~owa,
legally described as South 1/2 of North
Middle 1/5 of City _ct 445. 3e and ~s
hereby granted the 'evocable cermet
ana authority To construct and maintain
a projecting sign under the terms aha
conditions set forth in this Qrdinance.
Section 2. That such construction
shall be done in accordance with plans
Regular Session, October 16r 2000
402
heretofore submitted by permittee and
approved by the City Manager, under
the supe~ision and direction of the City
Manager, and in accordance with ali
appticabie state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittee's agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location
installation construction or
maintenance of said projecting sign;
and
c. Procure and maintain in force dudng
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule: and
c. Pay on behalf of the City of
Dubuoue, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
uoon the City of Dubudue for damages
of an'y kind resulting from the Iocatior,,
installation, existence, construction or
maintenance of said projecting sign
sustained by any person or persons,
caused by accident or otherwise ro
defend at its own expense and on
behalf of said City any claim against
tne City of Dubuque adsing out of the
location installation, existence
construcuon or maintenance of the
projecting sign and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the City
of Dubuque flee and harmless from
any and all claims loss, liability and
expense for death and/or injuries To
third persons or damages to property of
third persons= or for damage to any
property of the City of Dubuque which
may occur as a 'esult of or n
connection with the ocauon.
installation, existence, construction
maintenance and repair of the facility,
WOrK or improvement permitted herein.
Section 4. That the permission
herein granted is excressly conditioned
upon permittee's further agreement that
should the right aec privilege qerein
granted be rescinded or revoked by the
City Counci permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said projecting s~gn
and in the event of their failure To do
so, the City of Dubuque shall be
authorized to remove said projecting
sign at permlttees' expense and
dispose of the same and the permittee
shall have no claim against the City or
its agents for damages resulting from
the removal of said property sign.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
· location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or proper~y
damage against the permittees arising
out of or in any way connected with the
location, nsta[lation construction
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Colleen Wallace
when this Ordinance has been adonted
by the City Council and the terms and
conditions thereo~ accepted ~)y
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
fife at permittees' expense a copy of
this ordinance ir me Office of Tne
Recorder in and for Dubuque County,
owa.
Passed approved and aeocted this
16th day of October. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
ACCEPTANCE OF
ORDINANCE NO. 91-go
I Colleen Wallace the undersigneQ
having read and being familiar with the
Terms ano conditions of Ordinance No.
91-00, hereby, for themselva~ their
successors or assigns, as owners of
the abutting proper~y, accept the same
and agree To be bound Dy [ne
conditions and agreements therein
contained to be certormed by
permittees.
By:/s/Colleen Wallace
Title:/s/Owner
Dated: Seotember 27. 2000
Published officialty in the Telegraph
Herald newspaper this 20th day of
October 2000
Jeanne F. Schneider. City Clerk
It 10/20
Robbins movea mat the requirement
mat a proposed Ordinance 3e
considered and voted on for passage
at two Council Meetings prior To the
meeting at which 't is to be finally
passed Ge suscended anc further
movea final consideration and passage
of the Ordinance Seconded Dy
403 Regular Session, October 16, 2J)00
Nicholson. Motion carded 7-0.
Review Process for Projecting Signs:
City Manager recommending adoption
of an Ordinance streamlining the
rewew process for projecting signs,
presented and read. Markham moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carded 7-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances, Chapter
41, Streets. Sidewalks, and Public
P1aces by amending Article VL
Encroachment on Public Places, by
adding a new Division 4. Projecting
Signs; regulating s~gns projecting over
public places, presentea and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 92-00
AN ORDINANCE THE CITY OF
DUBUQUE CODE OF ORDINANCES,
CHAPTER 41, STREETS,
SIDEWALKS AND PUBLIC PLACES,
BY AMENDING ARTICLE VI,
ENCROACHMENT ON PUBLIC
PLACES, BY ADDING A NEW
DIVISION 4. PROJECTING SIGNS,
REGULATING SIGNS PROJECTING
OVER PUBLIC PLACES,
Whereas, the City Council desires to
streamline the permit review ane
approval process for signs that comply
with applicable regulations for
projecting into public places
NOW, THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section 1 That Article VI.
Encroachment on Public Places of
Chapter 41, Streets, SidewalKs ant
Public Places, of the City of Dubuque
Code of Ordinances ts hereby
amended by adding the following new
Division 4, Projecting Signs:
DIVISION 4. PROJECTING SIGNS
Section 41-149. Definitions:
The following words when used ir
this Division shall have the following
meanings:
Projecting Sign: A sign which projects
from and is supported by a wall of a
building or a structure, and which
e~'~enos over a pUb[lC place.
Projection: The distance by which a
projecting sign extends over a public
D[ace.
Public Place. or Places: Public
grounds, streets, sidewalks alleys
bridges, culverts, overpasses
underpssses, grade cross~ng
separations and approacnss public
ways, squares and commons.
Section 41-150. Permit reouired:
No person, tirm or corporation shall
place and/or maintain any projecting
sign without first obtaining a cermit
thereof, complying with all applicable
local, stale and federal regulations
providing acceptable 3roof of liability
insurance and paying the permit fee, all
as provided in this Division (Code 1976
§ 33-106).
Section 41-151. Application for
Permit:
Any application for a permit for a
projecting sign shall ge filed with the
Building Official on a form provided by
the Building Official not less than seven
(7) days pdor to the date the projecting
sign is to be installed.
Section 41-152. Permit Fees:
The applicant shall pay the perm,[
fee to the City for each projecting at the
time of the filing of an application for
each projecting sign.
Section 42-153. Compliance with
Zoning Ordinance:
(a) The Building Official shall not issue
a permit for any projecting sign wh!ch
does not comply with the s~gn
regulations set forth in the Zoning
Ordinance (Appendix A of this Code of
Ordinances) as to projection s~ze.
number and other zoning restrictions,
(b) If the Zoning Board of Adjustment
nas granted a variance from the sign
regulations set forth in the Zoning
Ordinance for a projecting sign, the
sign shall be deemed to De in
comoliance with the Zoning Ordinance.
(c) If the projection for a sign exceeds
the allowable projection set forth in the
Zoning Ordinance. the Public Works
Director or his/her designee shall
-hake a recommendation to the City
Council. The Building Official snail not
issue a permit for the sign unless it is
approved by the City Council.
Section 42-154. 'Compliance with
Historic Preservation Ordinance:
The Building Official shall not issue a
permit for any projecting sign which
does not comply with the regulations
set forth in Chapter 25. Historic
Preservation of this Code of
Ordinances.
Section 42-155. Maintenance:
The permit holder for each projecting
sign for which a permit is issued shall:
(a) Maintain the sign in a goo~ state
of repair; and
(b) Construct the sign of such
materials as m meet all local, state and
federal regulations governing the
construction and installation of signs.
Sec'don 41-156. Hold Harmless:
Regular Session, October 16, 2000
4O4
The oermit holder shall enter into a
hold harmless agreement with the City
of Dubucue for any projecting sign prior
To issuance of the permit, which shall
require that the permit holder pay on
behalf of the City all sums which the
City shall be obligated to pay by reason
of any liability imposed upon the City
for damages of an~. kind resulting form
~ne placement or maintenance of a
sign, whether sustained Dy any person
or personE, caused by accident or
otherwise and shall defend at its own
expense and on behalf of the City any
claim against the City arising out of the
placement or mainmnance of said sign.
Section 41-157. Insurance:
(a) Pdor to the issuance of a permit
for a projecting sign proof of insurance
shall be furnished m the Building
Official by the owner and/or occupant
of the aremises.
(b) Coverage shall include such
comprehensive public liability and
proter[y damage insurance written by
an insurer licensed [o do business n
the State of Iowa as shall orotect the
City dudng the life of the projecting sign
from claims or damages, oersona[
Injury, including accidental death, as
we as claims for property damages
which may adse from the existence of
the sign in such a manner as to impose
lability on the City, and the amounts of
such insurance shall be as reauired by
the City Manager.
(c) Such insurance shall name the
City as an additional insured.
to) Each owner and/or occupant of
the oremlse reouired to furnish proof of
nsurance shah also maintain on file
with the Building Official a certificate
evidencing that the insurer will give the
Building Official thirty (30) days written
notice prior [o termination or
cancellation of the required insurance.
(e) Upon notice of cancellation or
termination of insurance or expiration
of proof of insurance, the Building
Officia~ shall notify me owner and/or
occuoant of the premise for which Drool
of rnsurance is required by certified
mail. that the projecting sign or signs
are in violation of this Division and shall
be removed by the date stated in the
notice.
Section 41-158. -~xclusion:
The permit holder shall agree in
writing pdor to the issuance of a permit
to the following:
(a) ,The permit holder by acceptance
of a permit, covenants and agrees that
the revocable permit granted does no[
constitute aD9rovaf of the design,
constructi¢ ~ reBait of maintenance of
any projecting sign.
fbi The permit holder, by accee[ance
of a permit, covenants and agrees not
to assert a claim or defense against the
City in the event of clairr asserted for
death, oersonal injuries and/or property
damage against the permit holder
arising out of or In any way connected
with the design construction repair or
maintenance of projecting sign or signs
ror which a permit is issued.
Section 41-159 Revocatior
(a) A permit granted under this
Division shall ;e revocable uoon ten
(10) oays written notice to the oermit
holder at the convenience of the City.
A permit also may be revoked or no[
renewed for failure to comply with the
requirements of this Division or any
other applicable legal requirements or
for fraud, deceit or m~sreoresentation
in connection with a- application for a
permit
(b) in the event of sucn revocation
the Building Official shail notify the
permit holde~ in writing of such
revocation .or refusal of renewah
specifying the reasons therein for such
refusal. The permit holder or 2ermit
holder's successor in interes[ may
petition the City Council for 8 hearing
on such refusal within thirty (30) days
of receipt of the Building Official's
letter.
(c) The oermit holder, within thirty
(30) days of receio[ of a writter notice
from the Building Official to remove a
projecting sign, shall at the permit
holder's expense remove such sign. [n
the event of the permit holder's failure
to do so. the City of Dubuque shall
remove the sign at ti' ~ permit no,ears
expense and disoose of the same. The
uermit holder shall agree in wdting prior
to the issuance of a permit to make no
claim against the City or its agents for
carnages resulting from the removal of
said sign
(d) Nothing in this section shah
preclude the Buildlng Official from
giving immediate notice To a :)ermit
holder to remove a projecting sign in
the event such sign has been damaged
or has been moved or otherwise p~aceo
to cause an ~mmediate threat to public
safety. In the even[ the sign is qot
removed within seven (7) days of such
notification, the Building Official shall
remove such sign as provided in
subsection (c) above.
Section 2 This ordinance shall take
effect immediately upon publication, as
provided by law
Passed. approved and adopted this
16th day of October 2000.
405 Regular Session, October 16, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October, 2000.
Jeanne F. Schneider City Clerk
It 10/20
Markham moved that tne
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Garfield Place Urban Revitalization
Area: City Manager recommending the
adoption of a revised ordinance
approwng the proposee Garfield Place
Urban Revitalization Area, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion carriec
7-0.
An Ordinance Establishing the
Garfield Place Urban Revitalization
Area as an Urban Revitalization Area
~ursuant to Chapter 404 of the Code of
owa. said Ordinance having ueen
2resented and read au the Council
Vleeting of 9/18/00. now presented for
amendment and fur[her action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 82-00
AN ORDINANCE ESTABLISHING
THE GARFIELD PLACE URBAN
REVITALIZATION AREA AS AN
URBAN REVITALIZATION AREA
PURSUANT TO CHAPTER 404 OF
THE CODE OF IOWA.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Garfield Place
Urban Revitalization Area as
hereinafter described shall hereafter be
designated an urban revitalization area
~)ursuant to Cha~3ter 404 of the Code of
iowa 1999 to wit:
Lot 1 of Lot 1 of Lot 3 of tne
subdivision of Mineral Lot 113A, in the
City of Dubuque, Dubuque County
Iowa according to me recorded plat
thereof.
Section 2. That the Garfield Place
Urban Revitalization Area 31an as
hereto attached is hereby adopted and
approved and the properties 'within said
described area shall be subject to the
prows~ons of said Plan.
Seotior 3. That the Garfield Place
Urban Revitalization Area Plan shall
hereafter be on file in the City Clerk's
Office, City Hall. Dubsque, Iowa.
Section 4. That the City Clerk is
hereby authorized and directed m
publish this Ordinance on or after
October 19, 2000, prowoeo that no
valid petition has been received by the
City Clerk pdor to that date requesting
a second public hearing, and in the
event such petition has been received.
then this Ordinance shall 9e null and
void.
Passed. approved and adooted this
16TM day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October. 2000.
Jeanne F. Schneider. City Clerk
It 10/20
Buol moved that the reeuirement
that a orooosed Ordinance ee
considered and voted on for passage
at two Council Meetings prior to the
meehng at which it is to be fina y
passed ee suspended ane fur[her
moved final consideration and passage
of tne Ordinance. Seconded ey
Nicholson. ~4ofion carded7-0.
Expanded Parking Meter District:
An Ordinance Amending the City of
Dubuque Code of Ordinances Section
32-336 establishing the municipa
parking meter district by including both
sides of Bluff Street from 3rd Street to
8th Street said Ordinance having been
presented and read at the Council
Meeting of 10/2/00 now presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 93.00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 32-336
ESTABLISHING THE MUNICIPAL
PARKING METER DISTRICT BY
INCLUDING BOTH SIDES OF BLUFF
STREET FROM THIRD STREET TO
EIGHTH STREET
NOW, THEREFORE BE IT
ORDAINED 3Y THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Sec. 32-336 of the City of
Dubuque Code of Ordinances is
amended by deleting the reference To
"Bluff Street, both sides, between Third
Street and Seventh Street" and
substituting n lieu thereof the following:
NORTH-SOUTH STREETS
Regular Session, October 16, 2000
4O6
Bluff Street, both sides, between
Third Street and Eighth Street.
Passed, approved and adopted this
2nd day of October, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October, 2000.
Jeanne F. Schneider, City Clerk
It 10/20
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Carried by the following
vote: Yees--Buol, Duggan, Markham,
Micha[ski, Nicholson, Robbins.
Nays--Cline.
Asbury Road - No Parking:
City Manager recommending
approval of an amendment to the Code
of Ordinances prohibiting parking on
portions of Asbury Road, presented
and read. Buo[ moved that the
communication be received and flied.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending Section 32-
262(d) of the City of Dubuque Code of
Ordinances, prohibiting parking on
designated streets or portions thereof
by deleting portions of Asbury Road,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO~ 94-00
AN ORDINANCE AMENDING
SECTION 32~262 (d) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
PROHIBITING PARKING ON
DESIGNATED STREETS OR
PORTIONS THEREOF BY DELETING
PORTIONS OF ASBURY ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa is amended by deleting from
Subsection (d) of Section 32-262 the
following:
Asbury Road, both sides, from John F.
Kennedy Road to the westerly City
limits; north side, from St. Ambrose
Street to Bunker Hill Drive and from
Clarke Drive to Woodlawn Street.
SectiSn 2. That the Code of
Ordinances of the City of Dubuque,
iowa is amended by adding to
Subsection (d) of Secfion 32-262 the
following:
Asbury Road, both sides, from John F.
Kennedy Road to the westerly City
limits; north side, from St. Ambrose
Street to Bunker Hill Drive and from
Clarke Drive to Woodlawn Street: south
side, from John F. Kennedy Road to a
point one hundred ten (110) feet east
of Ctissy Drive.
Passed, approved and adopted this
16th day of October, 2000.
Terrance A; Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 20th day of
October, 2000.
Jeanne F. Schneider, City Clerk
It 10/20
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at. which it is to be finally
passed be. suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Genera[ Obligation Bonds:
City Manager recommending the
advertisement for sale of $61265,000
General Obligation Bonds, Series
2000C, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 501-00
RESOLUTION DIRECTING THE
ADVERTISEMENT FOR SALE OF
$6,265,000 GENERAL OBLIGATION
BONDS, SERIES 2000C
WHEREAS, the City of Dubuque,
Iowa, iS in need of funds to pay costs of
aidJn.g in the planning, undertaking and
carrying out of urban renewal project
acfivifies under the authority of Chapter
403 of the Code of Iowa and the
Amended and Restated Urban
Renewal Plan for the Downtown
Dubuque Urban Renewal District,
including but not limited to the
construction of a structured Parking
facility located at Thkd and Main Street,
an essential corporate purpose project,.
and it is deemed necessary and
advisable that the City issue general
obligation bonds for said purpose to the
amount of $5,600,000 as authorized by
Section 384~25 of the City Code of
Iowa; and
WHEREAS, pursuant to notice
/*07 Regular Session, October 16, 2000
published as required Dy Sections
384.24 and 384.26 of the City Code of
Iowa. this Council has held a public
meeting and headng on September 18,
2000 upon the proposal to institute
proceedings for the issuance of the
above described bonds; ano no ~etition
was filed in the manner provided by
Section 362.4 of the City Code of Iowa.
pursuant to the prows~ons of Section
384.26 of said Code; ana it is the
decision of the Council that additional
action be taken for the issuance of said
bonds and that such action is
considered to be in the best interests of
said City and the residents thereof:
WHEREAS the City of Dubuque,
Iowa, is in need of funds to pay costs of
construction of improvements at the
Dubuque Regional Airport, including
those costs associated with the
rehabilitation and improvement of
existing T-hangar airplane facilities and
the construction of new T-hangar
a~rplane facilities an essenfia]
corporate purpose project, and it is
deemed necessary and advisable that
the City issue general obliga'don bonds
for said purpose to the amount of
$665,000 as authorized by Section
384.25 of the CK7 Code of Iowa: and
WHEREAS pursuant to notice
publishe¢ as reauired by Section
384.25 this Council has held a public
meeting and hearing on October 2.
2000, ucon [ne proposa~ To institute
proceedings for the issuance of the
above described bonds, and all
objections, if any, to such Council
action maae by any 'esident or
property owner of said City were
received and considered by the
Council: and ~t is the decision of the
Council that additional action be taken
for the issuance of said bonds, and that
such action is considered to be in the
best interests of said City and the
residents thereof;
WHEREAS. pursuant to Section
384.28 of the City Code of Iowa. it is
deemec appropriate that the various
general obligation bonds nereinabove
described be combined for purposes of
issuance and sale in a single issue of
corporate ~urpose bonds as hereinafter
set forth.
qOW, THEREFORE. BE IT
RESOLVED BY THE CiTY OOUNOIL
OF THE CITY OF DUBUQUE IOWA:
Section '[.Thaz the sonos
hereinafter described De offered az
public sale pursuant [o advertisemem
as requited by law
Section 2. That the Clerk is hereby
directed to ~ub]ish '~o[~ce of sale of
said bonds at least once, the last one
of which shall be not less than four nor
more tnan twenty clear days before the
date of the sale. Publication shall be
made in the Telegraph Herald. a legal
newspaper, printed wholly in the
English language, published within the
ceun[y in which the bonds are To be
offered for sale or an adjacent county.
Saic notice is given pursuant [o
Chanter 75 of me Code of Iowa, ana
shall state that this Council on the 24th
day of October 2000. at 4:30 o'clock
P.M. will hold a meeting to receive and
act upon ~ids for saic bonds; said
notice [o be in substantially the
following form:
Time and Place for Receiot of Bids:
Sealed bids forthe sale of bonds of the
City of Dubuque. Iowa. will be received
by the Director of Administrative
City Hall, 50 W. 13th Street. CKy of
Dubuque, Iowa (the "issuer") until
11:00 o'clock A.M.. on the 24th day of
October. 2000. Bids may a~so be sent
by facsimile transmission until said
time to Speer Financial. Inc., the
financial advisor to the City, as set forth
in the Official Statement hereinafter
described. All bids will then be publicly
meeting of the City Council as stated
below.
of the bonds will be held in Conference
Room Bin the City Hall a[ a meeting of
the City Council on the above date az
4:30 o'clock P.M.
The Bonds: The bonds to be offered
are the following:
GENERAL OBLIGATION BONDS.
SERIES 2000C, in the amoum ot
$6.265.000, to be dated November 1
2000 (the "Bonds").
issued an Official Statement of
information pertaining to the Bonds to
be offered including a statement ofthe
Terms of Offerinp and an Official Bid
Form. which is ncorporated by
reference as a part of this notice. The
Official Statement may be obtained by
reauest addressed to the City Clerk. 50
W. 13th Street, Dubuque Iowa 52001
(telephone: 319/589-4100) or the
financial advisor To the City, Speer
Suite 500. Watedos, owa 50701
(telephone: 319/29%2077).
Terms of Offering All bids sha! be in
conformity with and the sale shall be in
accora wiffi the Terms of Offering as
set forth in the Official Statement.
Regular Session, October 16, 2000 408
Legal Opinion: Sairi bonds will be
sold subject [o the opinion of Ahlers,
Cooney, Dorweiler, Haynie, Smith &
AIIbee. P.C., Attorneys of Des Moines,
Iowa as to the legality and their
opinion will be furnished together with
the printed bonds without cost m the
purchaser and all bids w~ll be so
conditioned. Except to the extent
necessary to issue their opinion as to
the legality of the bonds the attorneys
will not examine or review or express
any opinion with respect To the
accuracy or completeness of
documents, materials or statements
made or furnished in connec'don with
the sale, issuance or marketing of the
bonds
Ridhts Reserved: The right is
reserved to reject any or all bids. and to
waive any irregularities as deemed to
be in the best interests of the public.
By order of the City Council of the
City of Dubuque, iowa.
Jeanne F. Schneider
City Clerk of the City of Dubuque,
iowa
(End of Notice)
PASSED AND APPROVED this 16th
day of October, 2000.
Torrance M. Duggan
Mayor
ATTEST: Jeanne F. Schneider. Clerk
Buol moved adoption of the
Resolu'den. Seconded by Nicholson.
Motion carded 7-0.
Aliiant Energy - Geothermal
Construction Ordinance:
City Manager recommending
approval of a Geothermal Construction
Ordinance as requested by AIliant
Energy, presented and read. Michalski
moved that the communication be
received and filed. Seconded by Buo].
Vlotion carded 7-0.
An Ordinance Authorizing Alliant
Energy/Interstate Power to construct a
geothermal system, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 95-00
AN ORDINANCE AUTHORIZING
ALLIANT ENERGY/INTERSTATE
POWER TO CONSTRUCT A
GEOTHERMAL SYSTEM
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Alliant
Energy/Interstate Power as the owner
of the premises known as 1000 Main
Street, Dubuque, Iowa, and legally
described as CL37 and Lo~s A, B, and
C of CL 37 be and they are hereby
grante(~ the revocable permit and
authority to construct and maintain a
geotherma! system under the terms
and conditions set forth n this
Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees ano
approved by the City Manager, under
[he supervision and direction of the City
. Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittaes' agreement to:
a. Assume any and all [iabil~ for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said geothermal
system; and
3. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shst oecome obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resul~ng from the location.
installation, existence, construction or
maintenance of said geothermal
system sustained by any person or
persons, causec Dy accident or
otherwise to defend at its own expense
and on behalf of said City any claim
against the City of Dubuque anslng out
of the location, installation existence
construction or maintenance of
geothermal system and To pay
reasonable attorney fees therefor; and
d. Indemnify, defend and hold the City
of Dubuque free ano 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 n
connection with the location,
installation, existence construction,
maintenance and repair of the facflity,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly condltJonec
upon permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoKea Dy the
City Council. permittees, or their
successors In interest as owners of the
/409 Regular Session, October 16, 2000
abutting propertT, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
exeense, remove said geothermal
sys[em and in the event of their failure
to do so, the City of Dubuque shall be
authonzed to remove said geothermal
system at permittees' expense and
dispose of the same and the permittee
shall nave no claim against the City or
its agents for damages resulting from
the removal of said geothermal system.
Sec'don 5. That permitteas 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 injunes and/or property
damage against the permittees arising
out of or in any way connected with the
location installation construction,
design, repair and maintenar[ce of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the dghts
hereunaer accrue to Alliant --nergy
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof acceptec by
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the O~ce of rne
Recorder in and for Dubuaue County,
Iowa.
Passed, appreved and adc 2ted this
16th day of October, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 95-99
The undersigned having read anc
~eing 'ami[iar with the terms anc
conditions of Ordinance No. 95-00
hereby, for themselves, their
successors or assigns, as owners of
the abu~ng property, accept the same
ana agree m be bound by the
conditions and agreements thereir
contained [o be oerformed by
permittees
By: Dale R. Sharp
Title: President, interstate Power Co.
Dated: 10/9/00
Published officially in ~he Telegraph
Herald newspaper this 20th day of
October 2000.
Jeanne F. Schneider, City Clerk
It 10/20
M[chalski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded ey Buo[
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC
HEARING
Easement with K]auer Manufacturing
Company:
City Manager recommending that a
public hearing be set for November 6
2000 to consider an ingress/egress
easement with Klauer Manufacturing
Company, presented and read. Bual
moved that the communication be
received and filed Seconded Dy
Nicholson. Motion carried 7-0.
RESOLUTION NO. 510-00
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN REAL
PROPERTY BY GRANTING AN
INGRESS/EGRESS EASEMENT TO
KLAUER MANUFACTURING
COMPANY ADJACENT TO THE
NORTH END NEIGHBORHOOD
BIKE/HIKE TRAIL FROM 22ND
STREET TO 32ND STREET IN THE
CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque, owa.
has negotiated an ingress and egress
easement with Klauer Manufacturing
Company adjacent to the North End
Neighborhood Bike/Hike Trail from
22nd Street to 32nd Street along me
abandoned railroad ~ight-of-way owned
Dy the City of Dubuque, Iowa, all in the
City of Dubuque. iowa
NOW THEREFORE BE IT
~ESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the City of Dubuque
intends to disoose of an interest of the
City of Dubuque, Dubuque County
iowa, n real property by grentmg an
ingress and egress easement over and
across par[ of the abandoned railroad
right-of-way from 26th Street to
abutting Lots 281 and 282. in Glendale
Addition m Klauer Manufacturing
Company, 2600 Washington Street.
Section 2. That the City Clerk be ane
is hereby authorized ane directed to
6ause notice to be published as
prescribed under Section 364.7 of the
Code of Iowa.
Passed approved and adooted this
Reqular Session,
16th day of October, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution and further set this for
public headng on 11/8/00 at 6:30 P.M.
in the Public Libra~, Auditorium and
that the City Clerk pubiish notice in the
manner prescribed by taw. Seconded
by Niche[son. Motion carded 7-0.
Riprow Valley Project - Voluntary
Annexation:
City Manager recommending that a
public headng be set for November 6,
.2000 to consider a voluntary
annexation request for the Riprow
Valley. project, presented and read.
Michalski moved that this be set for
public heating on 11/6/00 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 Niche[son. Motion Carded 7-0.
Vacating Pe~on - Util~ Easements
- Tschiggfde Commercial:
City Manager recommending that a
public beadng be set for November 6,
2000, to consider a request to dispose
of interest and vacate utility easements
over Lets 4 and 5 of Block 2 of
Tschiggfds Commercial in the City of
Dubuque, Dubuque County, Iowa and
communication of Ed Tschiggfde
requesting the vacating of public utility
easements on the Tschiggfde
Commercial properly behind Menards
Lumber, presented and read.
Markham moved that the
communications be received and filed.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 611-00
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
VACATE UTILITY EASEMENTS
OVER LOTS 4 AND 5 OF BLOCK 2
OF TSCHIGGFRIE COMMERCIAL IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the Tschiggfde Excavating
Company is the current owner of Lots 4
and 5 of Block 2 of Tschiggfde
Commercial; and
Whereas, utility easements are
currently platted on each of said lots;
and
Wheress, Tschiggfde Excavating
Company has petitioned to vacate a
podJon of the easements in said lots.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
Section 1. That the City of Dubuque"
October 16, 2000 4].0
intends to dispose of its interest in and
vacate utility easements over Lots 4
and 5 of Block 2 of Tschiggffie
Commercial in the City of Dubuque, as
shown on the attached Exhibit A.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause a notice of intent to be published
as prescribed under Section 364.7
Code of iowa, 1999 or amended.
Passed, approved and adopted this
16th day of Qctober, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution and further set this for
public beadng on 1116/00 at 6:30 P.M.
in the Public Ubrary Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded
by Buol. Motion carried 7~0.
At 9:08 P.M. MichaJski moved to go
into Closed Session: Proper~
Acquisition and ~ending Litigation
(Iowa Code Chapter 21.5(1)0)(c).
Seconded by BuoL Motion carried 7-0.
At 9:18 P.M. Council reconvened
Regular Session stating that Staff had
been given proper direction.
There being no further business
Buol moved to adjourn. Seconded by
Markham. Motion carded 7.0. The
meeting adjourned at 9:19 P.M
Isl Jeanne F. Schneider
Clerk
2OOO
2000
' -"~ounci~V~'~mbers
Attes~
,City Clerk
4]_] Special Session, October 19, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
October 19. 2000 City Council.
Special Session
At 5:15 P.M. Council conveneo for
me meeting, Public Library Auditorium.
Present: Mayor Duggan Council
Members Buol Markham ~fichalski
Nicholson. Robbins City Manager
Michael Van Miiligen, Corporation
Counsel Barry Lindahl.
Absent: Council Member Cline.
Mayor Duggan read the call and
stated this is the scecial session of the
City Council called for the purpose of
confirming me Police Chief
aoDointment
City Manager recommending
approval of his selection of Klm B.
Wadding for the positior of Police
Chief. Nicholson movedto concurwith
the City Manager's decision for the
filling of the Police :y.
Seconded by Buol. Tom Raschke
Mary Jacobs, Torn Precj er
Parker Martin Sanchez. ane Patty
Sanchez spoke in opposition to [ne
appointment. Motion carried 6-0.
Appointment of Kim B. Wadding to the
position of Police Chief approved.
There being no further business
Buol moved to adjourn. Seconded by
Michask 'Motio(~ carried 6-0. The
meeting adjourned at5:57 p.m,
/s/Jeanne F. Schneider
City Clerk
Approve~_ _~-/~ ~'~ ~2000
2000
Council Members
Clerk
Special Session, October 24, 2000
z412
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Special Session,
October 24, 2000
Council Met in Special Session at
4:30 P.M. in Conference Room B - City
Hall
Present: Council Members BuoJ,
Cline, Nicholson, Robbins, City
Manager Michael Van Mi[ligen,
Corporation Counsel Barry Lindahl.
Absent: Mayor Duggan, Council
Members Markham, Michalski.
Council Member Nicholson read the
call and stated this is a special session
of the City Council called for the
purpose of directing the sale of General
Obligation Bonds.
RESOLUTION NO. 512-00
RESOLUTION DIRECTING SAlE OF
$6,265,000 GENERAL OBLIGATION
BONDS, SERIES 2000C
Whereas, pursuant to notice as
required by law, bids have been
received at public sale for the Bonds
described as follows and the best bid
received is determined to be the
following:
$6,265,000 GENERAL OBLIGATION
BONDS, SERIES 2000C
Bidder: U.S. Bancorp Piper Jaffrey of
Minneapolis, Minnesota
the terms of said bid being:
Purchase Pdce $6,202,350
Net Interest Rate: 5.2215%
Net interest Cost $3,948,786.52
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the bid for the bonds
as above set out is hereby determined
to be the best and most favorable bid
received and, said Bonds are hereby
awarded based on said bid.
Section 2. That the statement of
information for bond bidders and the
form of contract for the sale of said
Bonds are hereby approved and the
Mayor and Clerk are authorized to
execute the same on behalf of the City.
Section 3: That the notice of the sale
of the Bonds heretofore given and all
acts of the Clerk and Director of
Administrative Services done in
furtherance of the sale of said Bonds
are hereby ratified and approved.
Passed, approved and adopted this
24th day of October, 2000.
Daniel E. Nicholson, City Council
Member
Attest: Jeanne F. Schneider, City Clerk
Buol moved adop~on of the
Resolution. Seconded by Robbins.
Motion carried 4-0.
There being no further business,
Buel moved to adjourn. Seconded by
Robbins. Motion carried 4-0. The
meeting adjourned at 4:52 P.M.
/s/Jeanne F. Schneider
City Cerk
o0o
Adopte~J/~c'J~'¢¢~-'~'~, 2000
Jncil Members
,ttest:.,