2000 December Council ProceedingsRegular Sess on, December 4, 2000 469
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session
December 4. 2006.
Council met in Regular Session at
6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council
Members Buo, Ivia conference phone
call), Cline. Markham Mfchaiski,
Nicholsor Robbins City Manager
Michae Van Milligen, Corporation
Counsel Barry Undahl
Mayor Duggan read the call and
stated this is the regular session of the
City Council called for the purpose of
acting upon sucn business which may
properly come before the CH Council
Invocanon was given by Reverend
Kris Kincaid Pastor, Our Redeemer
Lutheran Church.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 11/7: Cable TV
Regulatory Commission of 11/8' CMl
Service Commission of 10/'26: City
Council Proceedings of 11/20: Five
Flags Commission of 10/16; Historic
Preservation Commission of 11/16
Housing Commission of 11/14:
investment Oversight Commissio- of
10/26: Park and Recreation
Commission of 11/14: Plumbing Board
of 11/16: Transit Board of 11/9; Zoning
Advisory Commission of 11/1; Zoning
Board of Adjustment of 11/14
presented and read. Buol movee that
the minutes be received and tiled
Seconded by Nicholson, Motion
carded 7-0.
Proof of Publication for Council
Proceedings of 10/24. 3resented and
read. Buol moved that the proof be
received and filed. Seconded by
'4icholson. Motion carried 7-0.
Notice of Claims/Suits: Key
Apartments West in estimated amount
of $335.6' for proper[y damage; Patti
Schilling in estimatea amount of $25.00
for property damage; Terryl Stewar~ vs
City of Dubuque presented and read.
Buol moved that the claims and suits
De referred to the Legal Staff for
investigation and repo~. Seconded by
Nicholson. Motion carded 7-0.
Corporation Counsel advising the
following claims have beer referred to
Public Enfit~ Risk Services of iowa the
agent for the [owe Communities
Assurance Pool: Grace M. Brade for
personal injury; Ged Ryan for personal
!njuP/; Kdsten L Smith for personal
injury and vehicle oamage, oresented
and read. Buol moved that the
communications De received and filed
and concurred with the
recommendations. Seconded by
Nicho[sor,. Motion carded
Fair Housing Analysis Consu[tam
Contract: City Manager recommending
approva of a contract for consultant
services to perform a Fair Housing
Analysis of the City as required by the
U.S. Department of Housing and Urban
Develooment. presented and read
Buol moved that the communication be
received and filed_ Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 576-00
A RESOLUTION APPROVING THE
SELECTION OF A CONSULTANT TO
PREPARE A FAIR HOUSING
ANALYSIS OF THE CITY OF
DUBUQUE AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN
APPROPRIATE CONTRACT FOR
SAID ANALYSIS
. Whereas. the City of Dubuque Iowa
is reouired by the U.S. Department of
Housing and Urban DeveIopment to
complete a Fair Housing Analysis; and
Whereas. the City of Dubuque, Iowa.
as par[ of the overall Community
Development Block Grant program, ~s
interested in identifying impediments or
barders to fair housing in our
community; and
Whereas, a Reouest for Proposals
solicited consultant services to nreoare
the Fair Housing Analysis; ano
Whereas, Ihe John Marshall Law
School Fair Housing Legal Support
Center ~s recommended [o complete
Ihe Fair Housing Analysis.
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the selection of The
John Marshall Law School Fair
Housing Legal Support Center as the
consult'ant To prepare a Fair Housing
Analysis of the city of Dubueue is
hereby approved.
470 Regular Session, December 4, 2000
Section 2. That the City Manager is
hereby authorized to execute on behalf
of the City Council of the City of
Dubuque, lows a contract with The
John Marshall Law School Fair
dousing
Legal Support Center for consultant
services not to exceed $15 000.00.
Passed approved and adopted this
4th day of December 2000.
Terrance M_ Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Recommendation for New
Telephone System for City Buildings:
City Manager recommending approval
of a contract with Midland
Communications, Inc., for a new City of
Dubuque telephone system, presented
and read. Markham movea to accept
the recommendation as suggested.
Seconded by Michalski. Carried bythe
following vote: Yeas-Markham,
Michalskl, Nicholson. Robbins, Buol,
Cline. Nays-Duggan.
Cindy Parker of McLeod USA spoke
objecting to the contract as presented
and stressed McLeod's proximity and
their ability to provide similar proauc~,
etc. Cable Franchise Administrator
Merrill Crawford explained the lengthy
process involved in presenting th~
committee's ana the consultant's
recommendation
AIDS Preventative Health Program
Contract: City Manager recommending
approval of a con~rac[ with the Iowa
Department of Public Health for the
ocal AIDS ~reventaltve Health
Program through September 2001
presented and read Buol moved that
me communication be received anc
tiled. Seconded by Nicl~olson. Motion
carried 7-0.
RESOLUTION NO. 577-00
A RESOLUTION APPROVING THE
AIDS PREVENTATIVE HEALTH
CONTRACT BETWEEN THE IOWA
DEPARTMENT OF PUBLIC HEALTH
AND THE CITY OF DUBUQUE, IOWA
AND AUTHORIZING THE CITY
MANAGER TO SlGNA CONTRACT
WITH THE IOWA DEPARTMENTOF
PUBLIC HEALTH FOR FUNDING OF
A LOCAL AIDS PREVENTATIVE
HEALTH PROGRAM.
Whereas. lhe iowa Deoar~men~ of
Public Health nas offered to provide
financial suppor[ for local AIDS
Preventative Health and Education
Programs in the City of Dubuque: ano
Whereas, the City of Dubuque
desires to establish and maintain such
local AiDS Preventative Health ano
Education Programs; and
Whereas the Iowa Department of
Public Health has presented the City
Health Services Division a ~roposeo
contract amendment for continued
funding, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Sec'don 1. That the City of Dubuque,
iowa, hereby approves the attacheo
AIDS Preventative Health Contract
between the Iowa Depattment of Public
Health and the City of Dubuque, Iowa.
Section 2. The City Manager is
hereby authorized and directed to
execute said con~rec[s on behalf of the
City of Dubuque, iowa.
~assed, approved and adopted this
4th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved aooetion of [he
Reso[utian. SecondeP by Nicholson.
Motion carried 7-0.
Dubuque Racing Association Fiscal
Year 2001 CIP Schedule: City Manager
recommending approval of the
Dubuque Racing Association's Capital
Improvement Project schedule for
Fiscal Year 2001. presented and read.
Buol moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson.
Motion carded 7-0.
State Historical Society of Iowa
Grant Communication from the State
Historical Society of Iowa advising that
the City ~as been approved for a
Certified Local Govemmen'~ (CLG)
Grant in the amount of $7.500 for a
"Design Review Guidelines Booklet."
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nicholson. Motio~
carried 7-0.
Citizen Communication - Tars
Winger; Communication of Tars
Winger to Governor, Congressman Jim
Nussle. etc.. eresented and read. Buoi
moveo that the communication be
received and tiled. Seconded by
Nicholson. Motion carried 7-0.
County Boarc of Health:
Reqular Session, Decembei-4; 2000
471
Communication from Dubuque County
Board of Supervisors advising that all
of the positions on the Board of Health
are curreney filled, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson Motion cardedT-0.
November 21. 2000
Honorable Mayor and Members of the
City Council
In accordance with Chapter 400 of
the 1999 Code of Iovca, an examination
for the pos~on of Assistant Planner
was given on October 16, 2000. We
hereby cert~ that the following
iadMduais have passed this written
examination and filling the vacancy for
this posiQon should be made from this
list and that this list is good for two
years from above dare.
Gregory W. Beck
Amanda C. Brennan
Joshua C. Barbee
WaIty C. Wernimon~
Mark A, Gessner Dawn M. Kubik
Respectfulty submitted.
/si Lores J. Kiussner, Chairperson
· /si Mede Duehr
CMl Service Commission
November 21, 2000
Honorable Mayor and Members of the
City Council
In accordance with Chapter 400 of
me q 999 Code of Iowa. an examination
for the position of Mechanic was given
on September 29. 2000. We hereby
cerfi~t that the following indMduals
nave passed this wntten examination
and filling the vacancy for this position
ShOUld be made from this list and that
this list is good for two (2) years from
above date
Kenneth Jaeger Gregory J. Lahey
Richard R Hoffmann
John M. Greenwood
Roger E. Simon Chadss B. Klein
Paul A. Herman Duane J Emster
Ralph R. Delaney Toby J. Ryan
Peter S. Kruschke
Andrew L Makovec
George E. Allinger Brad T Herrig
Gerald H, Dean
Tom A. Horstman
Todd M. Pdest
Jason R. Pfohl
Kevin M. Vaugnn
Ke~4n M Pike
David R. Apel
Timothy F. Hubanks
Steve J Baumhover
Randall J. Lester
Joseph b Staines
Jody G. Crew
Steve H. Siefker
Larry P. Hoppmann
Eugene F. Schmitt. Jr.
Rssoectfulb' submitted.
/~ Loras J. Kluesner Chairperson
/si Mene Duehr
CMl Sen/ice Commission
Buol movec that the above Civil
Service certJficafions be made a matter
of record. Seconded Dy Nicholson.
Motion carded 7-0.
Technology Park Maintenance -
Acceptance: City Manager
recommending acceptance of the
Technology Park Maintenance project
in the final amoum of $28,607.57,
presented and read. Buol 'noved that
the communication be received and
filed. Seconded by Nichoisen Motion
carried 7-0.
RESOLUTION NO. 578-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Technology Park Maintenance Project
has been completed and the City
Manager has examined the work and
filed his cerfificata stating that the
same has been completed according m
the terms of the contract, plans ano
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the comractor from
the budgeted confingency funds for the
Technology Park in amount equaI to
the amount of this contract, less any
retained percentage provided for
therein.
~asaed approved and adopted this
4th day of December. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider. City Clerk
Buol moved aOODtiO~ of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 579-00
FINAL ESTIMATE
Whereas the contract for the
Technology Park Maintenance Project
has been completed and the City
Engineer has submitted his finat
estimate showing the cost thereof
including the cost of estimates notices
and inspection and all miscehaneous
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That rne cost of said
/*72 Regular Session, December 4, 2000
improvement is hereby determined to
be $29.179.72 ano the said amount
shall be paid from budgeted
contingency funds for the Technology
Park of the City of Dubuque. owa.
Passed. approved and adopted this
4th day of December, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol movea adoption of the
Resolution Seconded by Nicholson.
Motion carried 7-0.
Fire Department- Captain Pos~on:
City Manager recommending that the
Captain's position in the Fire Mamhal's
Office be eliminated and tna[ a
Firefighter position ce createq and
assigned to Division 2, presented anc
read. Duo] moved that the
communication be received and flied
and approved 'ecommendation.
Seconded by Nicholson. Motion
carried 7-0.
Community Indicatom for Success:
Communication from the Long Range
Planning Advisory Commission
providing a recommended list of
Community ndicatom for Success as a
par[ of the 2000 Update of the
Comprehensive Plan,-presented and
read. Buol moved that the
communication be received and ti[ed.
Seconded by Nicholson. Motion
carded 7-0
Community Developmeni Advisory
Commission: Letter of support from the
Community Development Advisory
Commission for the Downtown
Planning Process, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0
Fiscal Year 2001 Community
Developmen[ Block Grant Program
Amendment: City Manager
recommending approva~ of changes to
the City's Community Development
Block Grant Fiscal Year 2001 Annual
Action Plan, presented and read. Buol
moved that the communication De
received and fi[ed. Seconded oy
Nicho~son. Motion carded 7-0.
RESOLUTION NO. 580-00
RESOLUTION APPROVING AN
AMENDED AND RESTATED FISCAL
YEAR 2001 (PROGRAM YEAR 2000)
ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
Whereas, the City of Dubuoue
prepared and flied Annual Action Plans
for Fiscal Years 2000 and 2001 ano
Whereas, the City of Dubuque now
essires to amend said Annual Plans by
incorporating them into one amended
and restated plan as per the attached
Exhibit A; and
Whereas said amendment is a
substantial amendment as provided in
the City's Citizen Participation Plan and
must therefore be approved by
resolution of the City Council after a
public hearing by the Community
Development Advisory Commission:
and
Whereas the City advertised a
public comment period beginning
October 18, 2000; and
Whereas, the Community
Development Advisory Commission
'eviewed the proposed amendment at
a ~ublic headng on November 21
2000, and qas voted to approve said
amendment ano to recommend
approval by the Cit~ Council.
NOW THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OFTHE CiTY OF DUBUQUE IOWA:
Section 1. That the Annual Action
Plans for Fiscal Years 2000 and 2001
are hereby rescinded and the balance
of funds from these plans is
incorporated into an Amended and
Restated Fiscal Year 2001 (Program
Year 2000) Annual Action Plan -
Amendment 2 is attached hereto as
Exhibit A.
Section 2. That said Amended and
Restated Fiscal Year 2001 ( Program
Year 2000) Annual A~on Plan -
Amendment 2 attached hereto as
Exhibit A is hereby approved.
Section 3. That the City Manager is
hereby authorized and directed to
submit a copy of this resolution to the
U. S. Department of Housing and
Urban Development.
Passed, approved and adooted this
4th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moveo aooption of the
Resolution Seconded Dy Nicholson.
Motion carried 7-0.
Consulting and Actuarial Services
Agreement with The Segal Company:
City Manager recommending approva
of a Consulting and Actuarial Services
Agreement wilt' The Sega[ Company
for Fisca Year 2001. presented anc
reao. Buol moved [hat the
communication be received and filed
and -ecommendation approved.
Seconded by Nicholson. Motior
Reqular Session,
carried 7-0.
De[inquem Garbage and Refuse
Collection Accounts: City Manager
recommending submission of the
delinquent garbage and refuse
collection accounts to the Dubuque
County Treasurer for collection of past
due accounts, presented and read.
Buot moved that the communication be
received and filed. Seconded by
~ichalson. Motion carded 7-0.
RESOLUTION NO. 581-00
RESOLUTION AUTHORIZING THE
CITY TO COLLECT DELINQUENT
GARBAGE AND REFUSE
COLLECTION ACCOUNTS IN
ACCORDANCE WfTH SECTION 40-37
AND 40-38 (d) OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, City garbage and refuse
collection from residential premises, as
defined in the Code of Ordinances of
the City of Dubuque, Iowa is
mandatery; and
Whereas. as of December 31~, of
each year. delinquent garbage and
refuse collection charges shall be
certified by the C~' Clerk to the
Dubuque County Treasurer for
collection w~th, and iq the same
manner as general property taxes.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section I That the persons named
hareinunder, owning the preperty
thereby set forth, are delinquent in the
payment of refuse coilectien
NAME AND ADDRESS
~OP -SCRIPTION
AMOUNT
Gary Bernhard 1110 Roaseve[t St
Lot 4 Wersinger Sub $261.07
Mark Krolich 743 Louise St
Lots 74 & 75 Maple Leaf Add #2
$255.64
Michael J. Schetgen 3922 Inwood Ave
Lot 53 & 54 ONeitls North Dub Add
$291.62
Michael Gerdemann
3567 Crescent Ridge Lot 19 Dub
Homes Center Grove Pi #2 $ 79.07
J Foht 723 Peru Rc
Let 20 Maele Leaf Add ~ $261.14
Rick~ J Hurst 3975 Inwood Ave.
Lot 39 & 40 ONeills North Dub Add
$261.20
Gary Bernhard 1100 Roosevelt St
Lot 4 Wersmger Sub $261.14
Vincent Ehrlich 333 Oh/mpic Heights
Rd Let9 BIk 1 Olympic Hgt
December 4; 2000
47'3
$314.88
Robert Beau No ID au County
Court House 1030 Roosevelt St
~ 97.09
Section 2_ That the CH clerk be and
is hereby ordered anc directed to
certify to [he County Treasurer of
Dubuque County, Iowa. that the
t persons ~amed hereinbefore are
delinquent in the payment of refuse
collection charges in the amount set
aside of the respective names and that
saidamounts shall be collected in the
sam~ manner as general property
[axes against the respective parcels of
property set opposite the names of the
Passed, approved and adopted this
4"' day of December 2000.
Terrance M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Buo[ movec adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Delinquem Water Connection Fee:
City . Manager recommending
submission of the delinquent water
connection fees to the Dubuque
Count~ Treasurer for collection of past
due accounts, presented and reac
Bual moved that the communication oe
received and filed. Seconded by
Nicholson Motion carded7-0.
RESOLUTION NO. 582-00
RESOLUTION AUTHORIZING
COLLECTION OF DELINQUENT
WATER CONNECTION CHARGES IN
ACCORDANCE WITH SECTION 44-
151-B OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas. Section 44-151-B of the
Code of Ordinances authorizes the City
to levy anc collect water connection
fees for property footage that s
adjacent to the water "hain according to
the prevailing front footage fee.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the persor
hereinafter named owning the
following described property ~as
unpaid water connection fees in the
amount set our and that said fees are
deJinauem.
NAME AND ADDRF~,~
PROPERTY DESCRfPTtON AMOUNT
Roger Weekley Lot 1 of 6.
Mineral Lot 501 $1115.18
Section 2. Tha~ the City Clerk be
and is hereby ordered and d~rected to
certlty re the County Treasurer of
474 Regular Session, December 4, 2000
Dubuque County, iowa, that the person
named herein is delinquent in the
payment of water connection fees in
the amount set forth above and that
said delinquent water connection fees
shall be collected in the same manner
as general property taxes against the
respe~ve property set opposite the
name of the property owner.
Section 3. Thatthe delinquent water
connection fee shall be collected with.
and in the same manner, as general
property taxes as provided by law.
Passed, approved and adopted this
4~' day of December 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Delinauent Sewer Charges: City
Manager recommending submission of
delinquent sewer charges to the
Dubuque County Treasurer for
collection of past due accounts
presented and read. BuoI moved that
the communication be 'eceived and
flied. Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 683-00
RESOLUTION AUTHORIZING
COLLECTION OF DELINQUENT
SEWER ACCOUNTS IN
ACCORDANCE WiTH SECTION 44-83
AND 44-06 OF THE CODE OF
ORDINANCES OF THE CiTY OF
DUBUQUE, IOWA
Whereas Section 44-83 oftheCode
of Ordinances authorizes the City ro
levy and collect just and equitable
charges, rates ar rentals upon all lots,
parcels or real estate and buildings that
are connected directly or indirectly with
the sanitary sewer system: and
Whereas Section 44-86 of the Code
of Ordinances provides that the City
shall nave a lien upon the real property
served by the sanitary sewer system
for all delinquent rates and charges;
and
Whereas, delinquent sewer charges
shall be certified as December 31" of
each year by the City Clerk to the
Dubuque County Treasurer for
collection w~th. and i~ the same
manner as, general property taxes.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the persons
hereinafter named, own~ng me
following described 9roper~, nave
unpaid sewer diverges in the amount
set out and that saic charges are
delineuent.
NAME AND ADDRESS
· _ ~ ;: i ', ; AMOUNT
Michael J. Schetgen 3922 Inwood Av
Lot 53 & 54 ONei[Is North Dub Add
$491.21
Michael Gerdemann 3567 Crescent
Ridge Lot 10 Dub Homes Center
Grove Pi #2 $163.06
J Foht 723 Peru Rd
Lot 20 Maple Leaf Add #'2 $605.55
Ricky J Hurst 3975 lnwood Av
Lot 39 & 40 ONeills North Dub Add
$605.69
Gary Bernhard 1100 Roosevelt St
Lot 4 Wetsinger Sub $605.55
Vincent Ehrlich 333 Olympic Heights
Rd Lot 9 BIk 1 Olympic Heights
$846.17
Robert Beau No ID at County
Court House 1030 Roosevelt St
$109.32
Section 2. That the City Clerk be and
is hereby orderee and directed m
certify to the County Treasurer of
Dubuque County, iowa. that the
persons named herein are delinquent
in the payment of sewer charges in the
amounts set forth above and that said
delinquent sewer cnarges shall be
collectad in the same manner as
general property taxes against the
respective parcels of properS' set
opposite the name of the property
owner.
Section 3. That the delinquent sewer
charges shall be collected with. and in
the same manner as, genera~ property
taxes as provided by law.
=assed. approved and adopted this
4~ day of December 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schnefder, C ~y Clerk
9ual moved aeootion of the
Resolution. Seconded by Nicholson.
Motion carried 7-0
Designated Agents to Execute
Checks on Behalf of [he City of
Dubuaue: City Manager recommending
that Health Choices [nc. be authorized
to issue checks ane drafts for the City'~
health account and flexible spending
account, presented am~ read. Buol
moved mat the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0
RESOLUTION NO. '584-00
RESOLUTION AUTHORIZING
CERTAIN DESIGNATED AGENTS OF
THE CiTY OF DUBUQUE LIMITED
AUTHORIZATION TO EXECUTE
CHECKS ON BEHALF OF THE CITY
Reqular Session, December 4i 2000 475
OF DUBUQUE, IOWA
Whereas, the City of Dubuque
deposits certain funds for specific use
in local commercial banking
inst~tultons; and
Whereas, the commercial banking
institutions require authorization by the
City Council for City employees and
others to sign checks and drafts drawn
on such banking institutions; and
Whereas, the City Council has
determined that agents of the City of
Dubuque who may sign checks and
drafts drawn on designated accounts
on behalf of the City of Dubuque are
the Health Choices, Inc. authorized
check signers for checks issued for the
City of Dubuque Health Account drawn
on account number 2819000163 and
the City of Dubuque Flex Accounl
drawn on account number 2819001153
at Firstar Bank in Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE Cl7~ COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That me Health Choices. Inc.
authorized check signers are hereby
granted ability m sign checks and
drafts on behah' of the City. of Dubuque
Car checks issued for the Health
2819000163 a[ Firstar Bank in
Dubuque.
That the -~eaith Choices Inc.
authorized check signers are hereby
granted ability to sign checks and
drafts on behalf of the City of Dubuque
for checks issued for the Flee Account
drawn on account number 2819001153
au Firstar Bank in Dubuque.
Passed. approved and adopted this
4~ day of December 2000.
Terrance M. Duggen, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution Seconded by Nicholson.
Mo'don carded 7-0.
Authorizec Depository Institutions:
City Manager recommending that
Liberty Bank be named as an
authorized depository institution for the
City of Dubuque, presented and reaa.
Buol moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0
RESOLUTION NO. 585-00
RESOLUTION NAMING
DEPOSITORIES
RESOLVED. that the City. Council of
[he City of Dubuque, Iowa in Dubuque
County, iowa. approves the folJowing
ist of financial institutions [o be
eeoositodes of the City of Dubuque,
Iowa funds in conformance with all
applicable provisions of Iowa code
Chapter 453.2. The City Treasurer is
hereby authorized to deposit the City of
Dubuque, Iowa funds in amounts not to
exceed the maximum approved for
each respective financial institution as
set out bekiw.
Depository Name Loca~on of Home
Office Me,mum Balance
Amedcan Trust & Savings Bank
Dubuque, Iowa $40,000,000
Dubuque Bank & Trust Company
Dubuque, Iowa $40 000 000
F rstar Bank N.A. Milwaukee,
Wisconsin $10,000,000
Dupaco Community Credit Union
Dubuque, iowa $10,000,000
Premier Bank
Dubuque, iowa $10.000.000
East Dubuque Savings Bank
East Dubuque, Illinois $10,000,000
Liberty Bank
Des Moines. Iowa $10.000.000
CERTIFICATION. [ hereby certify that
the foregoing is a true and correct copy
of a resolution of the C~ Council at
Dubuque, Iowa adopted at a meeting of
said public body, duly called and bela
on the 4~ day of December. 2000 a
quorum being present, as said
resolution remains a record in the
minutes of said meeting, and it is now
in full force and effect.
Dated this 4'" day of December,
2000.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Buo[ moved aeootion of zne
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Business License Refund: Buol
moved that the Cigarette License
refund to Mulgrew Oil Company in the
amoun[ of $50.00 be received and ti[ed
and concurred with recommendation to
approve the refund Seconded oy
Nicholson. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 586-00
Whereas. applications for Beer
Permits have been submitted and filed
m [his Council for approval ane the
same have been examined and
approveo; and
Whereas. the premises To be
occupied by sucr applicants were
inspected and found to comply with the
Ordinances of this City aha nave filed
Draper BOndS.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
476 Regular Session, December 4, 2000
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
Iowa Oil Company IOCO+
(Sunday Sale) 2150 Twin Valley Dr
Passed, approved and adopted this
4th day December, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adop~on of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 587-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved:
and
Whereas. the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all C~:y Ordinances
relevant thereto and they have filed
proper bonds.
NOW THEREFORE.' BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS 'C"( COMMERCIAL)
BEER/LIC JOR LICENSE
Bowling & Beyond Dubuque Inc
Bowling & Beyond Dubuque+
(Sunday/Outdoor Sale)
1860 Hawthorne
Pamela Barry Arensdorf
Instant Replay+(Sunday Sale)
1602 Centre[ Ave
Moracco, Inc. The Moracco+
(Sunday Sale) 1413 Rockdale
Passed, approvao and adopted this
4th day of December. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of [ne
Resolution. Secondec by Nicholson.
Motion carded 7-0
BOARDS/COMMISSIONS:
Appltcants were invited to actress
me Council to express their desire to
serve on the following
Boards/Commissions:
HUMAN RIGHTS COMMISSION:
Raydora Drummer. Judith Ha[ay
Giesen Joseph Hopkins. Evelyn
Jackson. Raydora Drummer Judith
Haley Giesen. and Evelyn Jackson all
stoke reouesting reappointment to the
Commission
Appointment to me following
Commission: HOUSING COMMISSION
(Section 8) lOne Vacancy):
Applicants: Jeremy Austin Kris
Erickson, Joe Hopkins, Denise Mi[leg
John Plain. Vote on the appointment
was as follows: Duggan voted for
Miller. Markham voted for Edckson.
Michalski voted for Miller. Nicholson
voted for Miller. Robbins voted for
Miller. Buo[ voted for Miller. C[ine
voted for Miller. Therefore Denise
Miller appointed to an unexpired three
year term on the Housing Commission
representing Section 8 which will expire
8-17-03.
PUBLIC HEARINGS
Michalski moved [o suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carded
7-O[~arge Fleeting':
City Manager submitting three
areoosals received from Artco Fleeting
for barge fleeting and requesting
fur[her direction., Communication from
the Mississippi River Walleye Club in
opposition to barge fleeting within the
Dubuaue City limits, presented ano
read. Michalski moved to receive and
filed the communications Seconded
oyNicholson Motion carded 7-0.
Bill Brosnahan and Lan Smith of the
Walleye Club spoke stating they don't
want barge fleeting anywhere within the
City limits. Wayne Buckholz SPOKe
against the Riprow Valley site. Matt
Hartiey spoke stating that elimination of
barge fleeting will affect industry as this
is a working dver town. Del Uhldch, of
Peavey Co., spoke stating that moving
the barge fleeting out of town will hur~
business. Jerry Abing spoke stating
that there should ce caution against
barge fleeting and consideration giver
to the recreational do[lam. Howard
Higley of 800 Southern Ave SPOKe
stressing the hazards of the 2rotruding
Water Pollution Control Plant uioes ir
the Riprow Valley site and stated the
river is not deep enough in that area.
Regina Thibeau spoke stating they
need more time to ge[ information
relative to the Riorew Valley site. Brant
Nissan of Artco. seoke and reques[ec
that this be put on hold to look at me
site(s).
Cline moved to eliminate CH Island
from the discussion. Seconded by
Robbins, Carded b~, the following vote:
Yeas--Buol. Cline. Duggan. Markham,
Robbins. Nays-Nicholson. Michalski.
Regular Session, December 4, 2000 477
Cline moved to set a Public Heating on
1/15/01 at 6:30 P.M. in the Public
Library Auditorium and that the City
Clerk 2ublish not[ce in the manner
prescribec by law. Seconded by
Michalski. Motion carried 7-0.
Request to Vacate Lloyd
Gudenkauf: City Manager
recommendin9 that the City dispose of
nterest and vacate a utility easemen~
over Lot 1 Block 4 of Patricia Ann
Acres to Lloyd Gudenkauf, presented
and read. Robbins moved that the
commumcation be received and filed.
Seconded by Markham. Motion carried
6-0. Nicholson was ou~ of the room at
the time of the vole.
RESOLUTION NO. 588-00
RESOLUTION DISPOSING OF
INTEREST AND VACATE A 10-FOOT
WIDE UTILITY EASEMENT OVER
LOT 1 BLOCK 4 PATRICIA ANN
ACRES IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, pursuantto resolution and
oublished notice of time ane place of
headng, published in the Telegraph
Herald. a newspaper of general
circulation published in the City of
Dubuque, Iowa on 24th day of
November, 2000. the City Council of
Ihe City of Dubuque, Iowa met on the
4th day of December, 2000, at 6:30
p.m. in the Public Library Auditorium.
11th and Locust. Dubuque, Dubuque
County, Iowa to consider the proposal
for the release of real estate descdbee
A 10-foci wide utility easement on
Lot 1 Block 4 Patdcia Ann Acres ir the
City of Dubuque Iowa. as shown on
the at~ached Exhibit A
Whereas, the City Council of the City
of Ducuque, Iowa overruled any and all
objections, oral or wdtten to the
proposal to dispose of interes[ of the
City of Dubuque, Iowa in the
hereinabove described real estate
~OW THEREFORE BE T
RESOLVED BY THE CITY COUNC_
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the disposal of the
interes[ of the City of Dubuque,
Dubuque County, lo, va in real property
described as a 10-foot wide utility
easement on Lot 1 Block 4 Patricia Ann
Acres in the City of Dubuque, Iowa. be
and the same ]s hereby approved for
the cost of oublJcation and filing fees.
Sectio- 2. That the Mayor be
authorized and directed to execute a
Release of Easemen[, and the City
Clerk be and is hereby authorized and
directed to deliver said Release to
Lloyd S. Gudenkauf, upon receiot of
the above fees.
Section 3. That the City Clerk be and
]s hereby authorized and directed to
record a certified copy of this resolution
in the office of the City Assessor,
Dubuque County Recorder and
Dubuque County Auditor.
Passed. approved and adopted this
4th day of December 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
~obbins moved adoption of the
resolution. Seconded by Markham.
Motion carried 6-0. Nicho~son was out
of the room during vote.
Residential Parking Permit District -
Senior High School Area: City Manager
recommending approval of an
amendment to Residential Parking
Permit District "C' to include portions of
North Grandview Avenue ane
Rosedale Street: Communication of
Joe Link and Jane Petrek of the
Dubuque Community School System
requesting that this be tabled; an
Ordinance Amending Section 32-362 of
the Code of Ordinances of the City of
Dubuque, Iow~ providing for two-hour
parking, by deleting certain ~o~ons of
Grandview Avenue and Rosedale
Street, and an Ordinance Amending
the Code of Ordinances of the City of
Dubuque, iowa. by adding portions of
North Grandview Avenue and
Rosedale Street to Subsection (a~ of
Section 32-395 thereof esta}' ishing
Residential Parking Permit District "C"
presented ano read Nicholson moved
that this ma~zer De tabled. Seconded
by Markham Motion carried 7-0
Nicholson moved that the ru~e be
reinstated limiting the discussion to the
Council. Seconded by Michalski
Motion carried 7-0.
ACTION ITEMS
Joint Work Session with County
Board of Supervisors: Historic
Preservation Commission reques'dng
that tne City Council hold a _oint
session with the Dubuque County
Board of Sucervisors to discuss
preservation of the Buettel[ Brothers
Building at 821-845 Central Avenue'
Copy ef communication from Historic
Preservation Commissior to rne
Dubuque County Board of Supervisors,
presented and read. Cline moved re
have staff [ry [o schedule a Work
Session with a euorum of the City
478 Regular Session, December 4, 2000
Counci: and County Boarc of
Supervisors and no less than the Chair
of the Histodc Preservation
Commission. Seconded by MichalskL
Carried by the following vote: Yeas-
Duggan, MichalskL, Nicholson Cline.
Nays-Markham. Robbins Buol.
Hawthorne Street No Parking Zone:
City Manager recommending adoption
of an ordinance prohibi~ng truck or
trailer parking on a portion of the north
side of Hawthorne Street, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances by
adding a new Section 32-267.2
providing for the establishment of
parking restrictions for trucks or trailers
on designated streets or portions
[hereof and adding certain portions of
Hawthorne Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 104-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW
SECTION 32-267.2 PROVIDING FOR
THE ESTABLISHMENT OF PARKING
RESTRICTIONS FOR TRUCKS OR
TRAILERS ON DESIGNATED
STREETS OR PORTIONS THEREOF
AND ADDING CERTAIN PORTIONS
OF HAWTHORNE 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 Dub~ que,
Iowa, Be amenoeo dy adding the
following new Section 32-267.2 thereof
as follows:
"Sec. 32-267.2 "Parking Restriction
for Trucks and Trailers on Designated
Streets or Portions Thereof."
Where spaces nave 3eon
designated by signs or markings for
"No Truck or Trailer Parking", il shall be
unlawful for the operator of any such
vehicle to stop, start(: or oark in the
following areas:
Hawthorne Street. north side [rom the
railroad tracks to a point forty I40) feet
east of Kerper Boulevard.
Passed, approveo and adopted this
4th day of December. 2000.
Torrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
January, 2001.
Jeanne F. Schneider, City Clerk
It 1/10
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Councii Meetings pdor to the
meeting at which it is To be finally
passed be suspended ane further
moved final consideration and passage
of the Ordinance. Seconded Dy
Nicholson Motion carried 7-0.
An Ordinance Amending Section 32-
252(d) of the City of Dubuque Code of
Ordinances prohibiting parking on
designated streets or nor'dons thereof
by deleting Hawthorne Street.
presented and reao.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 106-00
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 HAWTHORNE
STREET
NOW, THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section I The City of Dubuque
Code of Ordinances is amended by
deleting from Subsection (d) of Section
32-262 the following:
Hawthorne Street north side, from
Rhomberg Avenue to Kerper
Boulevard.
Passe¢. approved and adopted this
4th day of December 2000
Terrance M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
January, 2001.
Jeanne F. Schneider City Clerk
It 1/10
Buol moved that the requirement
that s proposed Ordinance be
considered aha voted on for passage
au wvo Council Meetings prior to the
meeting au which it is to be finally
passed be suspended and further
moved final consideration ano passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
Histodc :~reservation Ordinance
Upeate: Communication from the
Historic Preservation
Commission/Preservation Task :orce
Reqular Session, December 4i 2000
479
regarding the Historic Preservation
Ordinance Update and requesting a
work session with Council and
communication from the Commun~
Development Advisory Commission
supporting the proposed changes to
the Histodc Preservation Ordinance.
presented and read. Michaiski moved
~na~ the communication be received
and filed and scheduled a work ssss~on
from 5:00 to 6:30 P.M. on lr2J01.
Seconded by Nichoisen. Motion
carded 7-0.
At 8:43 P.M.. Michaiski moved to go
into Closed Session re: Property
Acquisition and Pending Litigation
0owa Code Chapter 21.5(1)(j)(c).
Seconded by Nicholson_ Motion
carried 7-0.
At 8:54 P.M. Counc~ reconvened
Regular Session with statement that
Staff had been given proper direddon.
There being no further business,
Michalski moved to adjoum. Seconded
by Nicholson. Motion carded 7-0. The
meeting adjourned at 8:55 P.M.
Is/Jeanne F. Schneider
'Clerk
2001
2001
~ Council Members
Attest; ~
~/CA~ Clerk
;481 Regu ar Sess on, December 18,2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
December 18, 2000
Council met in Regular Session at
6:30 P.M. in the Public Library
Auditorium
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is a regular session of the
City Council called for the purpose of
acting upon such business which may
propedy come before the City Council.
Invocation was given by Reverend
Greg Bjornstad, Chaplain of Luther
Manor.
CONSENT ITEMS
Minutes Submitted: Airport
Commission of 11/20; Cable
Community Te[eprogrammmg
Commission of 11114- City Council
Proceedings of 11/29 and 12/4;
Service Commission of 11/21:
Enviro'~mental Stewardship Advisory
Commission of 12/5: Library Board of
10/26 Zoning Board of Adjustment of
11/30. presented and reaa. Buol
moved that the minutes be received
anc filed. Seconded ny Robbins.
Motion carded 7-Q
=roof of publication of Council
Proceedings of 10/29; 11/8; and 11/20
List of Claims and Summary of
Revenues for month ending 10/31:
Financial Report for Fiscal Year ending
6/30/06. presented and read. Buol
moveo that the 3roofs'be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
Finance Director submitting the
Financial Report for the month ending
November 30 200ti presented ane
read. Buo[ moved that the
communication be received and filed.
Seconded by Robbins Motion carried
7-0.
Officia Council Proceedings of
October, 2000. 3resented and read.
Buol moved that rne proceedings ue
approved as printed. Seconded by
Robbins. Motion carded 7-0.
Notice of Claims/Suits: Dubuque
Rescue Mission in estimated amount of
$469.97 for property damage; Wade
Pilcher in estimated amount of $58.30
for reimbursement of towing expense;
Ellen's Floral Gallery in estimated
amount of $442.00 for miscellaneous
damages; CDI Excavating in estimated
amount of $814.50 for labor
reimbursement expense; Qwest in
estimated amount of $1,690.52 for
repair of tiber optic conduit; and Silver
Dollar Cantina in estimated amount of
$1,479.02 for loss of business,
presented and read. Buol moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Robbins. Motion carded
'7-0.
Corporation Counsel recommending
settlement of the property damage
claim of Florence Hird in the amount of
$59.15: the property' damage claim of
Key Apartments West in the amount of
$335.61; and the property damage
claim of Patti Schilling in the amount of
$25.00, presented an(] read. Buol
moved that the ;ommunications be
received and tiled and directed Finance
Director to ssue payments. Secondec
by Robbins. Motion carried 7-0.
App~in{rne0ts,.. [o the~ Qvyner-
Occ. upied
';A11'¢rdable , ~..
Ho, using
Corem t~ee'.~ '"'*"- _City,,-' - '--Manader
recomn~e~ing th~¥.~ppointment -of
Linda Sang.st.on and Nancy Zachar Fett
to the O~vner-Occupied Affordable
Housing Comn~ittee, presented and
read. Buol moved that rne
communication be received ano filed
and concurred with recommendation.
Seconded by Robbins. Motion carded
7-0
Final Acceptance of Charitable Land
Donation from Carl ,and Mary Ann
Burbach: City Manager recommending
acceptance of the deed to proper~y
donated to the City by Carl and Mary
Ann Burbach presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 590-00
ACCEPTING THE DEED TO CERTAIN
REAL ESTATE IN DUBUQUE
COUNTY, IOWA FROM CARL J.
BURBACH DECLARATION OF
TRUST DATED JANUARY 24, 1995
Whereas. Car[ J. Burbach
Regular Session, December 18, 2000 48?
Declaration of Trust dated January 24,
1995 desires to make a gift of the
following described real property to the
City of Dubuque:
Lot 22 of Sunset Park Eighth
Addition to the City of Dubuque, Iowa
And Whereas, the C~ Council of the
City of Dubuque desires to accept the
gift on behalf of the
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA,
AS FOLLOWS:
1 -The City of Dubuque hereby
accepts the Deed from Carl J. Burbach
Declaration of Trust dated January 24,
1995, a copy of which is attached
hereto.
2. The City Clerk is hereby
authorized and directed to record this
Resolution with the Dubuque County
Recorder.
Passed. approved and adopted this
18th day of December, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Bue' moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Citizen Petition for Residential
Parking Permit District: Petition from
residents of Amy Court requesting that
the area be designated as a
Residential Parking Permit District
presented and read. Buol moved that
the pati~on be referred m the City
Manager. Seconded by Robbins.
Motion carried 7-0.
CeCdtied Local Government Report
to State Histodc Preservation Office:
City Manager submitting the 2000
Certified Local Government Annual
Report, presented and read. Buol
moved that the communication and
report be received and tiled. Seconded
ey Robbins Motion carded 7-0.
Jaeger Heights Subdivision No. 3 -
Plat of Survey: Zoning Advisory
Commission recommending approval
of the Plat of Survey for Lot 1 of I and
Lot 2 of I of Jaeger Heights
Subdivision No. 3, presented and read.
Buol moved that the communication be
received and flied.. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO, 591-00
RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT I OF 1
AND LOT 2 OF 1, A DIVISION OF
LOT 1 OF JAEGER HEIGHTS
SUBDIVISION NO. 3, IN THE CITY OF
DUBUQUE, IOWA
Whereas. there has been tiled with
the City Clerk the Plat of Survey of Lot
1 of I and Lot 2 of 1, a Division of Lot 1
of Jaeger Heights SubdMsion, No. 3,
in the City of Dubuque, Iowa; and
Whereas, said plat of survey
provides 31.13 feet of frontage and
5,008 square feet of lot area for Lot 1
of 1 and 28.98 feet of frontage and
5,008 square feet of lot area for Lot 2
of 1, where 60 feet of frontage and
6,000 square feet of rot area are
required by Section 42-19(b) of the
Subdivision Regulations; and
Whereas, said plat of survey has
been reviewed by the Zoning Advisory
Commission its approval eneorsed
thereon subject to prohibiting the
construction of a single-family home on
either Lot 1 of 1 or Lot 2 of 1. and
Whereas, said prat of survey has
been examined by the City Council and
they find that ~t conforms to the statutes
and ordinances relating to it
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waivec
to allow'Lot 1 of I to have 31.13 feet of
frontage and 5,008 square feet of
area: and Lot 2 of 1 to have 28.98 feet
of frontage and 5,008 square feet of lot
area where 60 feet of frontage and
6,000 square feet of lot area are
required.
Section 2. That approval ofthis plat
of survey of Lot 1 of I and Lot 2 of I. a
division of Lot I of Jaeger Heights
SubdMsion No. 3 is subject
prohibiting the construction of a
single-family home on either Lot 1 of 1
or Lot 2 of 1, and that said prohibition is
noted on the plat of survey.
Section 3. That the prat of survey of
Lot 1 of 1 and 2 of 1, a dMsion of Lot
of Jaeger Heights SubdMsion No. 3 is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said plat
of survey.
Passed, approved and adopted this
18th day of December, 2000.
Torrance M. Duggan, Mayor
At[est: Jeanne F. Schneider, CtiyClerk
ACCEPTANCE OF
RESOLUTION NO. 59%00
We, William Frye and Mike Ughffoot,
the undersigned, having read the terms
and conditions of the :~esolution No.
591-00 and being familiar with the
conditions thereof, hereby accept this
same and agree to the conditions
reeuired therein,
Dated in Dubuque, Iowa this 30th
day of December. 2000.
By Is/Mike Lightfoot
483 Regular Session, December 18, 2000
By/si William Frye
Buol moved adoption of the
resolution. Seconded oy Robbins.
Motion carded 7-0.
Heron Pond Trail Extension: City
Manager recommending the
submission of a Recreational Trails
Grant application to IDOT for funding of
[he extension of Hedtage Trail from
Heron Pond to Pyatigorsk Park.
oresented and read. Buol moved [hat
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 592-00
RESOLUTION AUTHORIZING A
GRANT APPLICATION FOR IOWA
DEPARTMENT OF
TRANSPORTATION
RECREATIONAL TRAILS FUNDS
FOR THE HERITAGE TRAIL
EXTENSION PROJECT: HERON
POND TO PYATIGORSK PARK
Whereas. the Iowa Depot[men[ of
Transportation nas Recreational Trails
funds available m deyelop City
recreational trails; aha
Whereas, the City of Dubuque has
adopted a Comprehensive Plan and a
Riverfront Plan that include goals for
development of bike/hike trails; and
Whereas. the City of Dubuque nas
aoooted the Hedtage Trail Master Plan
that includes the Heritage Trail
Extension.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
Section 1 That [he Planning
Services Manager is hereby authorized
to sign and submit this aoolication for
Recreational Trails funds ro the IDOT
for the Hedtage Trail Extension Project:
Heron Pond to Pyatigorsk Park on
behalf of the City of Dubuque.
Section 2. Thatthe Cityof Dubuque
agrees ro adequately maintain the trail
for its intended use and maintain the
total frail used to justify the project in
public use for a minimum of 20 years
following project completion.
Passed, approved and adopted this
18th day of December 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded Dy Robbins.
Motion carded 7-0.
2000 Asphalt Paving Project -
Acceptance: City Manager
recommending acceptance of the 2000
Asahalt Paving Project (Fiscal Year
2001) in the final contract amount of
$476,674.64, presented ano read.
Buol moved that the communication be
received and tiled Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 593-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2001
Asohalt Paving Project - Fiscal Year
2001 has been completed and the City
Manager nas examined the work and
flied his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and 'ecommends its
X~OW THEREFORE BE T
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same Js hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Road Use Tax Funds, [he Sales
Tax Fund the General Func. the DRA
Distribution and the Parking
Construction Fund in amounts equal to
the amount of this contract, ess any
retained percentage provided for
therein.
Passed, approved and adopted this
18'n day of December, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 594-00
FINAL ESTIMATE
Whereas: the contract for the 2000
Asphalt Paving Project - Fiscal Year
2001 has been completed and the City
Engineer has submitted his tinal
estimate showing the cos[ thereof
including the cost of estimates notices
and inspection and all miscellaneous
COS[S:
NOW THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Sectio~ 1. That the cost of said
improvement is qereby determined to
be $500 508.37 and the said amount
shall be oaid from Road Use Tax
Funds. the Sales Tax Fund the
Genera Fund, the DRA Distribution
and the Parking Construction Fund of
the City. of Dubuoue. Iowa.
Passeo approved and.adopted this
18h day of December 2000.
Ter~'ance M. Duggan, Mayor
Attest: Jeanne F/Schneider, City Clerk
Regular Session, December 18~ 2000 484
Dual moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
William M. Black, Phase I, Sprinkler
System - Acceptance: City Manager
recommending acceptance of the
William M. Black, Phase I, Sprinkler
System Project in the final contract
amount of $79.448.65, presented anc
read Buol moved that the
communication be received and tiled.
Seconded oy Robbins. Motion cardea
RESOLUTION NO. 595-00
ACCEPTING LMPROVEMENT
Whereas the contract for the William
M. i~[ack Steamboat Restoration
Project - Phase I has been completed
and the City Manager nas examined
the work and filed his certificate stating
that the same has been completed
according to the terms of the contract
plans and specifications and
recommends tls acceptance.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Sec~on 1. Thatthe recommendation
of the City Manager be approved and
[hat said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed [o pay to the contractor from
the General Fund and reimbursed 100
9ercent (100%) from the ISTEA
Transportation Enhancement Grant ir
amount equal to the amount of this
contract.
Passed, approved and adooted this
18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Dual moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 896-00
FINAL ESTIMATE
Whereas. the contract for the William
M Black Steamboat :~estoration
Project- Phase I has been completed
and the City Engineer has submitted
his fina estimate showing the cost
thereof ncluding the cost of estimates,
notices and inspection and all
miscellaneous costs-
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
~mprovement is hereby determined to
Be $79.448.65 and the said amount
sha ce paid from the General Fund cf
the City of Dubuque, Iowa and
reimbumed 100 percent (100%) from
the ISTEA Transportation
Enhancement Grant
Passed, approved and adopted this
18~ day of December, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Dual moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
North End Neighborhood Trai
Project - Acceptance: City Manager
recommending acceptance of the North
End Neighborhood Trail Project in the
final contract amount of $492,989.56
presented and read. Duo[ moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 597-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the North
End Neighborhood Trail Project has
been completed and the City Manager
has examined the work aha tiled his
ceYdticate stating that the same has
been cofnpletad according to the terms
of the contract plans aha
spec~cations and recommends its
acceptance.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. Thatthe recommendatior of
the City Manager De aDoroved and that
said improvement be and the same s
hereby ~cceoted.
BE IT FURTHER RESOLVED that
the C~ Treasurer be and he is hereby
directed to pay to the contractor from
the General Fund ($538,389.56) in
amount equal to the amount of this
:ontract, less any retained percentage
~rovided for therein.
Passed approved and adopted this
18th day of December. 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolu'don. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 598-00
FINAL ESTIMATE
Whereas. the contract for the North
End Neighborhood Trail nas 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 COUNC L
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
Regular Session, December 18, 2000
improvement is hereby determined to
be $538,389.56 and the said amount
shall be paid from the Genera Func
($538,389.96) of the City of Dubuque,
Iowa.
Passed, approved and adopted this
18~ day of December. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution Seconded by Robbins.
Motion carried 7-0.
Kerper Court Construction Project -
Acceptance: City Manager
recommending acceptance of the
Kerper Court Construction Project in
the final contract amount of
$640,476.08, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 599-00
ACCEPTING IMPROVEMENT
Whereas. the contract for the Kerper
Court Paving and Utilities Project has
been completed and the City Manager
has examined the work ahd filed his
ceYdficate stating [hat the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said imorovemem be and the
same is hereby acceoted
BE IT FURTHER :{ESOLVED that
the City Treasurer be and he is hereby
directea to pay to the contractor from
the Water Fund ($115,223), the Sewer
Fund ($50,659), and the Road Use Tax
Fund ($536,736) in amounts equal to
the amount of this contract less any
retained percentage orovidec for
therein.
Passed approved and adopted this
16~" day of December. 2000.
Terranea M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-6.
RESOLUTION NO. 600-00
FINAL ESTIMATE
Whereas the contractfor the Kerper
Court Paving and Utilities Project has
been completed and the City Engineer
has submitted, his fina estimate
showinD the cost thereof [~cluding the
cost at estimates notices ano
inspection and all miscellaneous costs;
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
se $702.618.83 and the said amount
shall be paid from the Water Fund
($115,223), the Sewer Fund ($50,659),
and the Road Use Tax Fund
($536,736) of me City of Dubuque
Iowa.
Passed, approved and adopted this
18th day of December, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Klauer Manufacturing Parking
Request - Withdrawal: City Manager
advising that the request of Klauer
Manufacturing for removal of parking at
several corners 'n the area of 26~ and
27~ Streets between Central and Elm
Streets has been withdrawn, presented
anc read. Buol moved that the
communication De 'eceived and filed.
Seconded by Robbins. Motion carried
Riverside Bowl Lease Assignment:
City Manager recommending approval
of the assignment of four eases
between the City of Dubuque and
Riverside Bowl, Inc., to Bowling and
Beyond Dubur~ue Incorporated.
presented and read. Buol moved that
the commun[ca'don be received and
filed Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 601-00
RESOLUTION CONSENTING TO THE
ASSIGNMENT OF LEASES
BETWEEN THE CITY OF DUBUQUE
AND RIVERSIDE BOWL, INC. BY
RIVERSIDE BOWL, INC. TO
BOWLING & BEYOND DUBUQUE,
INC.
WHEREAS, Riverside Bowl Inc.
(Riverside) operates a bowling facility
in Dubuque, owa, and Riverside and
the City of Dubuque (City) entered into
Leases of property owned by City on
May 2, 1958 as amended June 19
1973, Apd114. 1964, add DTcember 6.
2000 (Leases), cooies of which Leases
are attached hereto; and
WHEREAS Riverside desires to sell
its assets and assign its interest in the
Leases to Bowling & Beyond Dubuque,
Inc.. an Illinois corooration (Bowling),
oursuant to the Assignment of Interests
~n Leases attached hereto and
WHEREAS, the Leases are
assignable by Riverside with the
Regular Session, December 18, 2000 486
consent of City; and
WHEREAS, Bowling desires to
assign its interests in the Leases to
American Trust & Savings Bank
(ATSB) as security for a loan by ATSB
to Bowling, pursuant to the Assignment
of Interests in Leases attached hereto;
and
WHEREAS the City Council has
determined that it is in the best
Interests of the City to consent to the
AssignmenTs.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
1. That the City Council hereby
consents on behalf of the City of
Dubuque to the attached Assignment
of interests in Leases by Riverside
3owl, Inc. to Bowling 8; Beyond
Dubuque, Inc.
2. That the City Council hereby
consents on behalf of the City of
Dubuque to the attached Assignment
of Interests in Leases by Bowling m
Amedcan Trust & Savings Bank.
Passed. adopted and approved this
184 day of December, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Redstone Inn - Parking Rental
Agreement: City Manager
recommending assignment of the
parking rental agreement between the
City and Dubuque Histodc
Improvement Company to Jerry
Lazore, new owner of the Redstone
Inn. presented and read. 3,uol moved
[hat the communication be received
and tiled. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 602-00
RESOLUTION CONSENTING TO THE
ASSIGNMENT OF THE LEASE
AGREEMENT BETWEEN THE CITY
OF DUBUQUE AND DUBUQUE
HISTOR C IMPROVEMENT
COMPANY BY DUBUQUE HISTORIC
IMPROVEMENT COMPANY TO
JERRY LAZORE
Whereas. the Dubuque Historic
Imerevement Company (DHIC) and the
City of Dubuque (City) entered into a
Lease Agreement on April 1, 1995 a
copy of wh ch Lease ,~greement is
attached hereto: and
Whereas the Lease Agreement
provides for 2arking for DHIC's
Redatone inn located at City's parking
lot at Fifth and Bluff Streets: and
Whereas on October 13. 2000 the
Redstone Inn was sold by DHIC to
Jerry Lazore; and
Whereas, the Lease Agreement is
assignable by DHIC with the consent of
City; an¢
Whereas, the City Council qas
determined that it is in the best
interests of the City to consent to such
assignment.
NOW, THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the City Council hereby
consents on behalf of the City of
Dubuque to the assignment of the
Lease Agreement by Dubuque Historic
Improvement Company to Jerry
Lazore. provided that Jerry Lazore
shall agree to be bound by the terms
and conditions thereof.
Passed, approved and adopted this
18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoation of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Fiscal Year 2002 Budget Policy
Guidelines: City Manager
recommending approval of the Fiscal
Year 2002 Budget Po[icy Guidelines
presented and read. Buol moved that
the communication be received and
filed and approved the 2002 3udgat
Policy Guidelines. Seconded oy
Robbins Motion carried 7-0.
Hospital Signage - US 20/Dodge
Street: City Manager recommending
that a letter be sent to the Chairperson
of the Iowa Department of
Transportation Commission requesting
modification to the hospital signage on
Highway 20, presented and read. Buol
moved that the communication be
received and tiled and approved letter
of support. Seconded oy Robbins.
Mo'don carded 7-0.
Dubuque Signage on 1-80 in Scott
County: City Manager recommending
that a letter be sent to the Iowa
Deeartment of Trensportation
requesting that the word "Dubuque" be
added to the signs on Interstate 80
east and west at the U.S. Highway 61
interchange in Scott County, presented
and read. Buol -noved that the
communication be receivec and tiled
and approvea letter of suppor~
Seconded dy Robbins. Motion carried
HOME Investment Partnership
Program Contract Communication
from the Iowa Department of Economic
Development revising the master
487' Regular Session, December 18, 2000
con[ract and funding agreement for the
HOME Program by changing the
comp etlon aate and extending the
performance pedod to June 30. 2001.
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Robbins. Motion
carried 7-0.
Business Licenses:
RESOLUTION NO. 603-00
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Tobacco Outlet Plus # 56
Kwik Trip, Inc 66 W. 32nd St
Grandview Milk House
James T. Jacobsen 620 S Grandview
Passed, approved and adopted this
18th day of December, 200¢.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 604-00
Whereas. applications for Beer
Permits have been submitted and tiled
re'this Council for approval and the
same have bee~ examined and
approved: and
Whereas the Premises to be
occupied by such applicants were
insoec[ed and found to comply With the
Ordinances of this City and have filed
3roper bonds.
NOW THEREFORE BE IT
:~ESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the Manager be authodzeo m
cause to be issued the following named
applicants a Beer Permit
CLASS 'B" BEER PERMIT
United Auto Workers ~ 94
UAW Local # 94+(Sunday Sale)
3450 Central Ave
CLASS "C" BEER PERMIT
~1olo Oil Co. Big 10 Mart+
(Sunday Sale) 9th &Centra
Angel Investment Casey's Genera
Store+(Sunday Sale)
2699 Rockdale Rd
:~ainbo Oil Co Kwik Stop'*
(Sunday Sa[e) 4039 Pennsylvania
:~ainbo Oil Co Kwik Stoe+
(Sunday Sale) 2320 Hwy 61
Kwik Tnp. Inc Tobacco Outlet Plus
+(SUnday Sale) 66 W. 32nd St
Passed. approved and aaopted this
18th day Decamber. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 605-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved:
and
Whereas. the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they nave tiled
proper bonds.
~fOW. THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued the following namea
applicants a Liquor License.
CLASS "B" BEER/LIQUOR LICENSE
Kinseth Hotel Corp Holiday Inn
5-Flags+(Sunday Sale) 450 Main St
Design Center. Ind Julien Inn+
(Sunday Sa[e) 200 Main St
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
L & M Wharf Corp Michael's Bar-X+
(Sunday Sale) 2616 Windsor
David H. Hoffman TheWhite House
450 W. Locust
Passed, approved and adopted this
18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Buol moved adolStion of the
resolution. Seconded by Robbins.
Motion carried 7-0
BOARDS/COMMISSIONS
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
rlousing Code Appeals Board -
Applicants: William J. Kinsella Robert
Schaub: Edward A. Swift. No one
spoke.
Appointment to the following
Commission Human Rights
Commission Three [erms expiring
1/1/04) Applicants: Raydora Drummer:
Judith Haley Giesen Joseph A.
Hopkins: Evelyn E. Jackson. Vote on
the aocointments was as follows:
Duggan voted for Drummer Giesen
ane Jackson. Markham voted for
Drummer Gieser and Jackson.
Michalski voted for Drummer Giesen
and JaCKson. Nicholson voted for
Drummer. Giesen ano Jackson.
Robbins voted for Drummer Giesen
Regular Session, December 18, 2000 488
and Jacksom Robbins voted for
Drummer, Giesen and Jackson. Buol
voted for Drummer, Giesen and
Jackson. Cline voted for Drummer,
Giesen and Jackson.
Therefore, Raydora Drummer, Judith
Haley Giesen and Evelyn E. Jackson
reappointed to three year terms which
will expire 1/1/04 on the Human Rights
PUBMC HEARINGS
Michaiski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Nicholson. Motion
carded 7-0.
Menard, Inc. - Request for
Rezoning: Proof of publication on
notice of headng to consider rezoning
property located on U.S~ Highway 20,
southwest of Westside Cour~ from C-3
General Commercial District and CS
Commercial Service and Wholesale
District to PUD Planned Unit
Development District, with a PC
Planned Commercial designation to
allow for development of a new
Menard's store, presented and read.
Michelski moved that the proof and
communication be received and filed.
Seconded by Nicholson. Carded by
the following vote: Yeas--Markham,
Michelski, Nicholson, Robbins, Buol,
Cline. Nays--Duggan.
Tom O'Neill of Menard, Inc., Dan
Coyle of WHKS, Jim Bradley of Bradley
Realty, Bill Molars of Reynolds and
Kenline Law Firm, all spoke in favor of
the proposed re.zoning. Ed Tschiggfde,
as owner of a nearby quarry, spoke in
favor of the project but requested the
continuation of atdp lane traffic signal
for e.'dting t~ucks.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located along U.S. Highway
20 west of Westside Court from C-3
General Commercial Distdct and CS
Commercial Service and Wholesale
Distdct to PUD Planned Unit
Development Distdct with a PC
Planned Commercial Distdct
designation and adopting a Conceptual
Development Plan, with conditions, for
Merrsrci Inc. presenfed and read.
(OFFICIAl. PUBLICATION)
ORDINANCE NO. 106~00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ALONG U.S. HIGHWAY 20 WEST OF
WESTSIDE COURT FROM C-3
GENERAL COMMERCIAL DISTRICT
AND CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT TO
PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A
PC PLANNED COMMERCIAL
DISTRICT DESIGNATION AND
ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, WITH
CONDITIONS, FOR MENARD, INC.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by reclassifying the
hereina~er described property from C-3
General Commercial Distdct and CS
Commercial Service and Wholesale
Disthct to PUD Planned Unit
Development Disthct with a PC
Planned Commercial designation and
adopting a conceptual development
plan, a copy of which is attached to and
made a part hereof with conditions for
Menard, nc., as stated below, to wit:
Lot 2 of Siegert'e Place, Third
Addition, a~d to the center line of the
adjoining public right-of-way, all in the
City of Dubuque, lo,va.
Section 2. Pursuant to Iowa Code
Section 414.5 (1993), and as an
express condition of the
reclassificafion, the undersigned
property owner(s) agree(s) to the
following condi~ons, all of which the
property owner(s) further agree(s) are
reasonable and imposed to satisfy the
public needs that are caused directly
by the zoning reclassification:
A. Definitions.
1.BuiJding-related Features:
Building-related features are defined as
all constructed items which dse above
the grade surface of the lot. These
include:
a) The pdma~y building
b) All accessory or secondary
buildings
c): All extedor storage areas
d) Exterior refuse collection areas
e) Extedor mechanical equipment
f) Containerized or tank storage of
liquids, fuels, gases and other
materiels
2) Vehicle-related Features:
Vehicle"related features are defined as
all areas used for the movement and
parking of all vehicles within the
These include:
489 Regular Session, December 18 2000
a) Employee and visitor parking
spaces
b) Driveways from the street right-
of-way line to and from parking spaces.
c) Loading spaces outside of the
3uilding
d) Maneuvering space and
driveways to and from loading spaces
e) Parking spaces for company-
owned commercial vehicles 0 Fire lanes
3) Open Space Features: Open
space features are defined as those
exterior areas and developed features
ofthe lot. These include:
a) Landscaped SDaCe containing
lawn areas and plantings
b) Paved, hard-surfaced pedestrian
areas such as walkways, plazas,
entryways and courtyards
c) Surface storm water detention
areas not otherwise used for building-
related or vehicle-related purposes
d) Open recreation areas ana
recreational trail
e) Other non-building and non-
vehicular-related space
B) Use Regulations.
The following regulation~ shall apply
to ail uses made of land in the above
described PUD District
1) Principal permitted uses shall be
limited to:
a: Retail sales/service [17]
b) Indoor restaurant [20]
c) Drive-in/carry-out restaurant [28]
d} General offices [14i
[ ] Parking group-see Sectior~ 4.2 of
the Zoning Ordinance.
2) Conditional uses reserved for
future use.
3) Accessory uses shal be limited
m any use customarily 'ncidental and
subordinate to the ~rincipal use it
serves.
4) Temporary uses shall be limited
ro any use ][stac as a permitted usa
within the PUD District of a limited
duration, as established in Section 2-
5.3 and as defined in Section 8 of the
Zoning Ordinance.
C) Lot and Bulk Regulations.
Development of land in the PUD
District shall be regulated as follows:
1) All building s~ruc~ures and
activities shall be located n
conformance with the attached
cenceotual development plan and all
final site development plans shall be
approved in accordance with pfovisions
of the PUD Distdct regulations of this
ordinance and of Section 3-5.5 of the
Zoning Ordinance.
2) All building-related features shall
be in accordance with the fo[lowing lot
and bulk regulations:
a) Maximum lot coverage shall be
imited to 75% All building and
vehicle-related features shall De
considered when calculating total land
area coverage.
b) Maximum building heightsha[tbe
40 feet. except the following may
exceed the height limit: cooling towers,
condensers, elevator bulkheads,
stacks and other necessary mechanical
equipment and their protective housing.
HVAC equipment is limited to 10 feet
above 40 feet limitation subject to the
provision of adequate screening.
c) Setbacks for the out-kit shall be
as established for the C-3 General
Commercial Distdct set forth in Section
3-3.3 of the Zoning Ordinance.
D) Parkino Reaulations
1) All vehicle-related features shall
~e surfaced with either asphalt or
concrete.
2) - Curbing and proper surface
drainage of storm water shall be
provided.
3) All parking and loading spaces
shall be delineated on the surfacing
material by painting stdees or omer
permanent means.
4) The number, size and design of
parking spaces shall be governed by
applicable provisions of City of
Dubuque Code of Ordinances In effect
at the time of development of the lot
5) The number, size, design and
location of parking soaces designated
for persons with disabilities shall be
according to the local state or federal
requirements in effect at the time of
devekipment,
6) The Iocatien and number of
private ddveway intersections w~th
public streets shall be established by
the City of Dubuque.
E. Landscaping Regulations
1) Plant Materials: The open space
area of each lot shall be 9lanted with
permanent lawn and ground covers.
such as shrubs and trees. It is the
intent of these regulations that the
development of required open spaces
shal 'effect a high quality of
environmental design. The fo[lowing
provisions shall apply to each lot:
a) Landscape plans are required as
part of subtotals for site p~an review.
Landscape plans are to include type,
number and size of 3reposed plantings.
As a mimmum, the submitted
landscape 91an should nclude the
following:
For every one (1) acre of lot s~ze.
four (4) trees shall be required To a
maximum of forty (40) trees. Each
reouired tree shall be at least ~wo (2)
inches ir diameter at planting.
Shrubs shall be used to screen
Regular Session, December 18, 2000 490
parking areas and provide accent
around buildings.
* Parking areas located adjacent to a
right-of-way shall be screened With a
combination of trees, shrubs or berms
to provide a landscape screen of 50%
opacity and three (3) feet in height
within three years of planting.
2) All exposed soil areas remaining
after the construction of building and
vehicle-related features shall be
planted with a permanent ground cover
to prevent erosion. Within one (1) year
following completion efconatrucfion or
by the date that a bu dngs issued an
occupancy certificate by the Building
Safety Department of the City of
Dubuque, whichever occurs first
required landscap ng Shall be insfalled.
3) The lot owner is required to
replant any and all plant mafadais
which have died due to any cause
during the effective period of this PUD
ordinance.
F. Sion Reoul~tig~3~
1) The provision of Section 4-3 (Sign
Regulations) of the Zoning Ordinance
shall apply unless further regulated by
this section.
2) Wall-Mounted Signs;
a) Menard's:
1) Total allowed squa~'e feofage:
600 square foot
2) Numberofsigns: unlimited
3) Below eave or parapet
b) Out-lot:
I) Total allowed square featage:
250 square feet
2) Number of signs: unlimited
3) Below eave or parapet
3) Freestanding signs;
a) Menard's:
1) Total allowed square footage:
400 square feet
2) Maximum number:. 1
3) Maximum height: 40 feet
b) Out-lot
1) Total allowed square footage:
200 square feet
2) Maximum number.' 1
3) Maximum height: 40 feet
4) Directional Signs!
a) Menard's/Out-lot:
1) Maximum size: 6 square
feat
2) Maximum number:
Unlimited
3) Maximum height 10 feet
5) Lighting: Signs may be
illuminated only by means of indirect
lighting whereby all light sources and
devices are shielded from view by
opaque or translucent materials, or
internally illuminated by means of a
licht source completely enclosed by the
sign panel.
6) Motion: No signs may
include any device or means,
mechanical, electrical or natural, which
shall cause any motion of the sign
panel or any part thereof. No flashing
lights or changing colors shall be
allowed.
G) Performance Standards
The development and maintenance of
uses n this PUD District shall be
established in conformance with
Section 3-5.5 of the Zoning Ordinance
and the following standards:
1) Off-sifa Improvements: Menard,
Inc. shall be responsible for the design,
construction and costs associated with
the following off-site improvements:
a) Construction of new signalized
"T" intersection on U.S. Highway 20 to
serve new Menard's store.
b) Design and approval of all off-site
improvements are subject to applicable
City of Dubuque and Iowa Department
of Transportation regulations and
review procedures.
2) Site Lighting
a) Exterior illumination of site
features shall be imited to the
illumination of the following:
Pa~;king areas, driveways and
loading facilities.
Pedestrian walkway surfaces and
entrances to the building.
Screened storage areas.
Building exterior.
b) Location and Design:
~ All extedor lighting shall be
designed, installed and maintained so
as not to cause glare or to shine into
adjacent lots and streets.
- All exterior lighting luminaires shall
be designed and insfal]ed to shield light
from the luminaire at angles acove 72
oegress from vertical.
~ A lighting plan shall be included
as part of site Dian submittals that
indicates types of lights used and
ground light pattern for lighting of
building and parking-related features.
Fixtures mounted on a suilding
shall not be positioned higher than the
roof line of the building.
Wooden utility-type poles are
acceptable only for temporary use
during construction.
~ All electrical service lines to Posts
and fixtures shall be underground or
concealed inside the posts
3) Utility Locations
a) Service lines: all electrical,
telephone, cable and other similar
utility lines serving the building and
other site features shall be located
underground.
b} Mechanical equipment: all
electrical transformers, switching gear,
relay boxes, me[ers ail condi'doning
units, heat pumps and other similar
49]_ Regular Session, December 18, 2000
mechanical equipment including reof-
mounted mechanical equipment, shall
be screened from view. Mechanical
equipment shall be screened in such a
manner that it will appear to be an
integral par~ of the building's overall
architectural design. :encing of at
least 50% opacity, masonry walls or
plantings may be used to visually
screen mechanical equipment_
c) Final site development plans shall
be submitted in eccoreance 'with
Section 4-4 of the Zoning Ordinance
pdor to construction of each building
and vehicta-related feature unless
otherwise exempted by Section 4-4.
4) ExtedorTrash Collection Areas:
a) The storage of trash and debris
shall be limited to that ~reduced by the
principal permitted use and accessory
uses of the lot.
b) The ground area coverage of
exterior trash collection areas shall be
the area contained inside the required
screening and this area shall be
considered a building-related feature
for purposes of calculating total land
area coverages.
c) Extedor trash collection areas
shall be located in rear or side yards
on[y.
d) .Ail exterior trash collection areas
and the materials contained therein
shall be visually screened from view.
The screening shall be complateiy
opaque fence, wall or other feature not
exceeding a height of 10 feet
measured from the ground level
outside the line of the screen. Screens
built on sloping grades shall be
stepped so that their mo tine shall be
horb_onta[. All extedor emrances to a
screened trash area shall be provided
with a gate or door of similar design ro
that of the screen.
If a 10 foot high screen fails to shield
the exterior trash collection area from
view from points inside or outside of
the property, evergreen plantings may
be required in additio¢ to the
screening. Evergreen plant -natedals
shall be selected and designed so that
they will screen the area from all off-
site visibility within five (5) years.
e) Other Codes and Regulations:
These regulations do not relieve an
owner from omer aoDlicable city,
county, state or federal codes
regulations, laws and other controls
relative to the planning, construction
operation, and management of
uroper[y within the City of Dubuque.
-t. Transfer of Ownershia
Transfer of ownership or ease of
ureperty in this PUD District shall
nclude in the transfer or lease
agreement a crovision that the
purchaser or lessee acknowledges
awareness of the conditions
authorizing the establishment of the
distdct
I. Modifications.
Any modifications of this Ordinance
must be approved by the City Council
in accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance
J. Recordinct"
A copy of this ordinance shall be
recorded at the expense of the property
owner(s) with the Dubuque County
Recorder as s permanent record of the
conditions accepted as part of this
reclassification approval within ten [10)
days after the adoption of this
ordinance. This ordinance shall be
binding uoo~ the undersigned and
his/her heirs, successors ano assigns.
Section 3 The foregoing
amendment has heretofore been
reviewed by the Zoning Commission of
the City of Dubuque, iowa.
Section 4. The foregoing
amendment shall take effect upon
publication, as provided by [aw.
Passed. approved and adopted this
18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
ACCEPTANCE OF
ORDINANCE NO. 106-00
I. Thomas O'Neil, representing
Menard, Inc. purchaser, having read
the terms and eanditions of the
foregoing Ordinance No.106-00 and
being familiar with the conditions
thereof, hereby acceD[ the same and
agree To the conditions required
therein.
Dated this 9th day of January, 2001.
By:/s/Thomas O'Nei[
Menarc Inc.
ACCEPTANCE OF
ORDINANCE NO. 106-00
We. William A. Siegert and Janet L.
Siegert, property owners, having reaa
the terms and conditions of the
foregoing Ordinance No.106-00 and
being familiar with the conditions
[hereof, hereby accept the same and
agree ro me conditions required
therein.
Dated this 15th day of January,
2001.
By: ,s/William A S[eger[
By:/s/Janet L Siegert
Published officially in the Telegraph
Herald newspaper this-27th cay of
December. 2000
Jeanne F. Schneider, City Clerk
It 12/27
Michalski moved that [ne
requirement that a proposed Ordinance
Regular Session, December 18, 2000 492
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 fur[her
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Carded by the following
vote: Yeas--Markham, Michalski,
Nichoison :~obbins, Dual. Cline.
Nays--Duggan.
Hughes Court Investment
Co./Schneider Land Surveying
Request for Rezoning: Proof of
publication or notice of headng to
consider rezoning properly located a~
3195 Hughes Court from AG
Agricultural District to LI Light Industrial
Distdct at the request of Hughes Court
investment Co./Schneider Land
Surveying, to allow for construction of
a w'arenouse DUilding Presented and
read. BuoJ moved that the proof be
"eceived and filed. Seconded by Cline.
~lotion carded 7-O.
Robert Kirpes of 419 Winona spoke
in favor of the rezoning.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
rec[aesifying hereinafter described
property Iocate(~ at the end of Hughes
Court from AG Agricultural Distdct to LI
Light Industrial District. presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 107-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT THE END OF HUGHES COURT
FROM AG AGRICULTURAL
DISTRICT TO LI LIGHT INDUSTRIAL
DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
qereinaffer described property from AG
Agricultural District, to Li Light
Industrial District as shown in Exhibit
A and to the center line of the
adjoining public tight-of-way, all in the
City of Dubuoue, iowa
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law
Passed, approved and adopted this
18th day of December. 2000.
Terrance Vl. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day ef
December, 2000.
Jeanne F. Schneider, City Clerk
It 12/27
Dual moved that the requirement
that a proposed Ordinance De
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be f~nally
passed be suspended and fur[her
moved final consideration aha passage
of the Ordinance Seconded by Cline.
Motion carded 7-0.
Keliy Lane - Request for Rezoning:
Proof of publication on notice of
hearing to consider rezoning propem/
located on Kelly Lane (one lot north of
1171 Miller Road~ from R-I Single
Family Residential District to R-2 Two-
Family Residential District au the
request of Leonard Wltt, to allow for
construction of a duplex, presen[ea and
read.
Mike Kelly, 1400 Kelly Lane, spoke
in opposition to the request.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located along Kelly Lane
south of Pego Court from R-i Single
Family Residential District to R-2 Two-
Family Residential District. presented
and read. Markham moved to concur
with [he denial. Seconded by Cline.
Motion carried 7-0.
Moro Big 10 Mar[ - Recues[ for
Rezoning: Tabled at meedng of
November 20, 2000. Dual moved to
remove this matter from the table.
Seconded by Nicholson. Motion
carded 7-0.
Steve Gofius 2461 Spring Green.
sooke requesting the rezoning.
An Ordinance Amending Appendix A
(The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter described
property located at 2120 John F.
Kennedy Road from C-2 Neighborhood
Shopping Center District ia C-3
General Commercial Distric[, presented
aha read.
493 Regular Session, December 18, 2000
(OFFICIAL PUBLICATION)
ORDINANCE NO. 108-00
AN ~)RDINANCE AMENDING
APPENDIX A (THE "ZQNING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2'120 JOHN F. KENNEDY ROAD
FROM C-2 ~EIGHBORHOOD
SHOPPING CENTER 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 C-2
Neighborhood Shopping Center District
to C-3 General Commercial Distitct to
wit:
Lot 1 of Lot 2 Asbury Springs
Subdivision No. 5
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Passed, approved end adopted this
18th day of December 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in-the Telegraph
Herald newspaper this 27th day of
December. 2000.
Jeanne F. Schneider City Clerk
It 12/~7
Michalski moveo 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 fuCLher
moved final consideration and passage
of the Ordinance. Seconded by Cline.
Carded by the following vote:
Yeas--Duggan, Markham Michalski
Robbins Buol Cline
Nays--Nicholson.
Final Assessment Schedule - North
Grandview at Delhi Project: City
Manager recommending approval of
the final assessment schedule for the
concrete repairs on Grandview at Delhi
Project, presented and read. Markham
moved that the communication be
received eno filed. Seconded by
Nicholson. V~otion carried 7-0.
RESOLUTION NO. 606-00
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR THE CONCRETE REPAIRS ON
GRANDVIEW AT DELHI PROJECT
INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE BE tT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That after full consideration of the
final schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of the Concrete
Repairs on North Grandview a[ Delhi
Project under contract with Portzen
Construction of Dubuque. Iowa. which
final plat and schedule were filed in the
office of the City Clerk on the 16th day
of November, 2000. [he said schedule
of assessments be and the same is
hereby approved and adopted.
That there be. and is hereby
assessed and levied as a special tax
against ano upon each of the tots, the
reseective sums indicated.. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies ate found to be proper and
evied conditionally against the
respective properties benefitted Dy the
imorovements as shown in the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in propoCdon to
the~special benefits conferred and not
n excess of twen~y-five percent of the
value of some.
That the City Clerk be and is hereby
directed to certify sam schedule to the
County Treasurer of Dubuoue County,
iowa and m publish ~otice of said
certification once each week for two
consecutive weeks in the manner
provided in Section 362.3 the first
publication of which shall be not more
than fifteen days from the date of filing
of the final schedule. On or before the
cate of the second 2ub[ication of the
notice, the'City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment as Provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or in Dart without nterest at the
office of the Count~ Treasurer a[ any
I~me within 30 da'ye after the date of the
first publication of this notice of the
Regular Session, December 18, 2000
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in f0 annual installments and
will draw annual interest at nine (9)
percent (commencing on the date df
acceptance of the work) computed to
the December 1 neXt following the due
dates of the respective installments as
provided in Section 384.65 of the Code
of Iowa. Each installment will be
delinquent from October 1 fallowing its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually in
advance.
Passed, approved and adopted this
18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
SCHEDULE OF VALUATION AND
FINAL ASSESSMENTS -
N. GRANDVIEW - DELHI
OWNFR ~
TOTAL NET ASSESSMENT
Mdconne ~ Laveme D. Jackson
Hedge Subd. Eot 4 $1,899.56
Smith, Steven
Hedge Subd. Lot 5 $1 899 56
TOTAL $3,799.12
Markham moved adoption of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
Fischer Cold Storage Warehouse
and Carriage Building Demolition:
Proofs of publication on nottce of
headng on plans and specifications
and notice to bidders on the receipt of
bids for the Fischer Cold Storage
Warehouse and Cardage Building
Demolition and Site Clearance Project
and City Manager awarding the
contract to Peterson Contractors, lac.
in the amount of $166,100, presented
and read. Buol moved that the proof
and communication be raceived and
filed: Seconded by Nichalson. Motion
carded 7-0.
RESOLUTION NO. 607-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of
November, 2000, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque; 10wa for the Fischer Cold
Storage Warehouse and Carriage
Building Demolition and Site Clearance
Project.
Whereas, nofice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specificafions, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7,0.
RESOLUTION NO, 608-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Fischer Cold Storage Warehouse and
Carriage Building Demoifiion and Site
Clearance Project pursuant to
Resolution No. 570-00 and nofice to
bidders published in a newspaper
3ublished in the City of Dubuque, Iowa
on the 24th day of November, 2000.
Whereas, said sealed proposals
were opened and read on the 12th day
of December, 2000, and it has been
determined that the bid of Peteraon
Contractors, Inc. of Reinbeck, Iowa, in
the amount of $168,100.00 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Peterson
Contractors, Inc. and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work_
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
18~ day of December, 2000.
~l'errance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution, Seconded by Nichoison.
Motion carried 7-0.
Robbins moved to reinstate the rule
limiting discussion to the Council.
Seconded by Nicholson. Motion
carr ed 7-0.
495 Regular Session, December 18, 2000
ACT[ON ITEMS
Human Rights Ordinance: Thom
Deterrnan. Chair of the Human Rights
Commission, subm~ng recommended
changes ro the Human Rights
Ordinance, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Markham Motion carded 7-0
Thom Determan sooke requesting
the changes.
An Ordinance Amending the Code of
the City of Dubuque, Iowa by repealing
Secfion 27-27(4) Powers and Duties
and enacting a new Section 27-27(4)
Powers and Dufies in lieu thereof.
presented and read.
(OFFICIAL PUBUCATION}
ORDINANCE NO. 109-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 27-27(4)
POWERS AND DUTIES AND
ENACTING A NEW SECTION 27-27{4)
POWERS AND DUTIES IN LIEU
THEREOF.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Secfion 1. That he Code of
Ordinances of the City of Dubuque,
owa, be amended by repealing
Section 27-27(4) Powers and Duties.
Section 2. That the Code of
Ordinances of the City of Dubuque,
Iowa. be amended by enacting a new
Section 27-27(4) Powers and Duties in
leu thereof as follows:
Section 27-27(4). Powers and
Duties:
To issue such publication and
reports of investigations and *esearsh
as in the judgment of the Commission
shall promote civil and respectful
behavior which shall tend to eliminate
discrimination in public
accommodations, employment,
apprenticeship and on-the-job training
orograms, vocational schools, housing
or credit because of age, ~'ace, creed,
color sex, national ongm, religion,
ancestry, disability pr marital status
Passed approved and adopted this
18th day of December. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
December. 2000.
Jeanne F. Schneider City Clerk
It 12/27
Buol movea that the requirement
that a proposes 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 sessage
of the Ordinance. Seconded by
Markham. Mofion carried 7-0.
Vision Iowa Application: City
Manager recommending approval of a
Resolution in support of the Vision
Iowa Application for funds for
America's River for the Mississippi
River Conference and Education
Center and [ne Mississippi River
Discovery Center and Aquadum at the
Port of Dubuque, presented and rea(].
Markham moved that the
communicafion be received and filed.
Seconded by Nichdison. Morion
carded 7-0.
RESOLUTION NO. 589-00
RESOLUTION OF CITY OF
DUBUQUE SUPPORT FOR THE
VISION IOWA APPLICATION FOR
FUNDS FOR AMERICA'S RIVER FOR
THE MISSISSIPPI RIVER
EDUCATION AND CONFERENCE
CENTER AND THE MISSISSIPPI
RIVER DISCOVERY CENTER AND
AQUARIUM AT THE PORT OF
DUBUQUE.
Whereas the citizens of Dubuque
have been working together since 1992
on. plans to reclaim the dverfront for the
enjoyment of the community and its
many visitors; and
Whereas the City of Dubuque, the
Ououque County Historical Society,
and the Dubuque Area Chamber of
Commerce ~ave formeo a strong
~artnershio to lead the community in
efforts to develop Dubuque's dverfront
into a world-class attraction' and
Whereas. there has been
extraordinary evels of private
participation in the fundraising for the
dverfront development efforts from
ndividuals corporations, and
government agencies; and
Whereas, the City of Dubuque is
committing to construction of a
riverwalk and other infrastructure
improvements on the dverfront and in
the adjacent downtown area: and
Whereas. the Dnvate sector has
'naae significant financial
commitments which will leverage the
public Investment ana increase the
level of interest in the Dubuque
Riveffront; and
wnereas the construction of the
Mississippi River' Education and
Conference Center on the Port of
Regular Session, December 18, 2000 496
Dubuque will provide the venue to host
groups and individuals from around the
wodd and make Dubuque and Iowa the
center for learning about the
Mississippi River and the State of Iowa;
and
Whereas, the plans for the
development of Dubuque's riverfront
meet the goals of the Vision Iowa
program by providing lo,va with this
world-class attraction; and
Whereas, the planning for the
development of Dubuque's fiverfront is
at the stage where the community is
ready to begin the consb'ucfion phase
for the major infrastructure
improvements of the project.
NOW THEREFORE, BE {T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1: The City of Dubuque
hereby lends it continued support to the
efforts of the community for the
development of the dverrront of the
Mississippi River.
Section 2: The City of Dubuque
together with its paKners, the Dubuque
County Historical Society and the
Dubuque Area Chamber of Commerce,
commits over $29 miilion in City funds
over $20 million in private participation,
over $8 million in federal grants, and
over $17 m~Iion in private fund raising
and land donations to match almost
$58 million in Vision iowa funds toward
construction of the America's River
project in the Port of Dubuque.
Passed. approved and adopted this
lath day of December 2000.
Terrance M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nichelson.
Motion carned 7-0.
Fifth Street "No Parking" Ordinance:
City Manager recommending approval
of a "No Parking" zone on the north
side of Fifth Street and rescinding of
the back-in angle parking on the
recendy reconstructed Fifth Street,
from Iowa Street to _ocust Street,
presented and 'earl Robbins moved
that the communication be receiveo
and tiled. Seconded by MichalskL
Motion carded 7-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances Section
32-3G~(d) prohibiting parking at any
tmle ~n certain designated zones
relating to Fifth Street between Iowa
and Locust Streets. presented and
read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 110-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES, SECTION 32-262(d)
PROHIBITING PARKING AT ANY
TIME IN CERTAIN DESIGNATED
ZONES RELATING TO FIFTH
STREET BETWEEN IOWA AND
LOCUST STREETS
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:
Fifth Street, West. south side, from
Bluff Street to Hill Street; noah side,
from a point one hundred ninety-two
feet (192') west of Bluff Street to
Prospect Street.
Section 2. That the Coda of
Ordinances of the City of Dubuque,
Iowa is amended by adding to
Subsection (d) of Section 32-262 the
following:
Fifth Street, south side, from Bluff
Street tq Hill Street;, north side, from a
~oin,t, one hundred ninety-two feet
192 ) west of Bluff Street to Prospect
Street and from Iowa Street to Main
Street, provided, however it shell qo[
be unlawfu to stop, but omy in the
drop-off areas provided, for the sole
purpose of and for the time necessary
to allow passengem to enter or exit a
vehicle and dudng which time the
vehicle shall not be unattendec.
Passed, approved and adopted this
18~" day of December 2000.
Torrance A: Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 10th aay of
January, 2001.
,Jeanne =. Schneider City Clerk
It 1/10
Robbins moved that the requirement
that a proposed Ordinance be
considered aha 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
MichaIski. Motion carried 7-0.
An Ordinance Amending Code of
Ordinances of the City of Dubuque,
Iowa, by deleting a portior of
Subsection (g) of Section 32-263
relating tc angle parking, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 111-00
497 Regular Session, December 18, 2000
AN ORDINANCE AMENDING CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA. BY DELETING A
PORTION OF SUBSECTION (g) OF
SECTION 32-263 RELATING TO
ANGLE PARKING
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. [OW,~
Section 1 That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by deleting from
Subsection (g) of Section 32-263
thereof as follows:
Fifth Street, north side. from iowa
Street to Locust Street
Passed, approved and adopted this
18~ day of December, 2000.
Terrance A. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this-10th day of
January, 2001.
Jeanne F. Schneider. City Clerk
It 1/10
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on [or passaga
at two Council Meetings pdor to the
meeting az which it is to be finally
oassed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Michalski. Motion carded 7-0.
"No Parking" in Alley by Lincoln
School: City Manager recommending
approval' of parking restrictions in the
alley between Alpine and Nevada near
West Fifth Street. in response to a
oe~on from residents of the area
oresented and reao. Robbins moved
that the communication De received
and filed. Seconded by Cline. Motion
carded 7-0.
An Ordinance Amending Section 32-
262(d} of ~he Code of Ordinances of
the City of Dubuque, Iowa prohibiting
parking on designated streets or
ecrtions thereof, by adding the alley
Be[ween West Fifth Street ano
University Avenue from Nevada Street
to Alpine Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 112-O0
AN ORDINANCE AMENDING
SECTION 32-262(d) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS. OR PORTIONS THEREOF.
N BY ADDING THE ALLEY
BETWEEN WEST FIFTH STREET
AND UNIVERSITY AVENUE FROM
NEVADA STREET TO ALPINE
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,
owa is amended by adding to
Subsection (d) of Section 32-262 the
following:
Alley, both sides between West Fifth
Street and University Avenue from
Nevada Street to Alpine Street
Passeo, approved and adopted this
18th day of December. 2000.
Terrance A. Duggan, Mayor
At,sst Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
January, 2001.
Jeanne F. Schneider, City Clerk
It 1/10
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 considera~on and passage
of the Ordinance. Seconded by Cline.
Motion carded 7-0.
Barge Fleeting on the Mississippi
River: City Manager recommending
that the Riorow Valley site be removed
from consideration for barge fleeting on
the Mississippi River at the January 15.
2001 public hearing, presented-and
read. Michalski moved mat the
communication be received and filed
and 'ecommendation aeeroveu.
Seconded byMarkham. Motion carded
7-0.
Reouest for Proposals - Fourth
Street Peninsula: City Manager
recommending that the City issue a
Request for Proposals for ~laster
Planning an(] Design Services for the
ninety acres of the Fourth Street
Peninsula and to include a price for
the thirty acres south of the ce Harbor
[o see if that is affordable at this time.
presented and read. Buol moved that
the communication be received and
filed and approved recommendation.
Seconded by Cline. Motion carried 7-
0.
Council Member Reports: Michalski
stated kudos to Operations ana
Maintenance for snow removal
Regular Session, December 18, 2000 498
ITEMS TO BE SET FOR PUBLIC
HEARING
Oak Meadows Second Add~on -
Request to Vacate: City Manager
recommending that a public hearing be
set fpr January 2, 2001 to consider a
request to vacate easements in Oak
Meadows Second Addition at the
request of Jim Stock Realty &
Construction, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Markham. Motion carded
RESOLUTION NO. 609-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST AND
VACATE WATERMAIN AND UTILITY
EASEMENTS OVER PORTIONS OF
LOT 1, LOT 2, AND LOT A OF OAK
MEADOWS SECOND ADDITION IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, Jim Stock Realty &
Construction is the current owner of Lot
1, Lot 2, and Lot A of Oak Meadows
Second Addition; and
Whereas, a 20 foot wide watermain
easement, and 5 and 10 foot wide
utility easements are currently platted
on said lots; and
Whereas, Jim Stock Realty &
Construction has petitioned to vacate
pordons of said easements.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuc
intends to dispose of its interest and
vacate a 20 foot wide watermain
easement, and 5 and 10 foot wide
utility easements over portions of Lot 1,
Lot 2 and Lot A of Oak Meadows
Second AddiSon in the City of
Dubuque, as shown on the attached
Exhibits A and B.
Section 2. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to be
published in the manner as prescribed
under Section 364.7 Code of Iowa,
1999 or amended.
Passed, approved and adopted this
18~ day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
At 8:49 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 carried 7-0. The
meeting adjourned at 8:50
/s/Jeanne F. Schneider
City Clerk
Approved .~_~-/J~C~/E~¢. ~ , 2001
Adopted 2~/~¢/~//'~/~ ,~' ~01
' Clerk
At 8:37 P.M. Buo[ moved to go into
Closed Session re: Property
Acquisition and Pending Litigation
(Iowa Code Chapter 21.5(1)(j)(c).
Seconded by Markham. Motion carried