1999 October Council ProceedingsRegular Session, October 4, 1999 417
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
October4, 1999
Council met at 7: 00 P.M., Public
Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
properly come before the Council.
PROCLAMATIONS: Month of Oct.
as °Domestic Violence Awareness
Month" received by Renee Curds of the
YMCA/YWCA; Month of Oct as
"Hometown Hero's Month° received by
Ron Davis and members of the
Convention & Visitors Bureau; Month of
Oct as "Spinal Health Month" received
by Dr. Todd Spurting, Chiropractor;
Oct. 3-9 as "Respiratory Therapy
Week;" Oct 15 as "White Cane Safety
Day received by Shirley Conrad; Oct.
23 as °Make a Difference Day°
received by Mary Damon and VISTA
workers.
Mike Glaske made a presentation of
an Occupant Restraint Award from
Governor's Traffic Safety Bureau to the
City of Dubuque. This is a "Seat Belt
Honor Roll" award, meaning there is
more than 90% of seat belt usage in
Dubuque. Appreciation was expressed
to Police Chief John Mauss and
Corporal Mike Rettenmeier.
MINUTES SUBMITTED: Airport
Commission of 7-28, Aug. 30 & Sept.
27; Billboard Ad Hoc Committee of 9-
15 & 21; Carnegie -Stout Public Library
of 8-26; 5 Flags Commission of 9-20;
Housing Commission Trust Fund
Committee of 9-23; Human Rights
Commission of 8-9; Long Range
Planning Commission of 9-15;
Mechanical Board of 9-21; Park &
Recreation Commission of 8-10;
Transit Trustee Board of 9-9; Zoning
Advisory Commission of 9-1, upon
motion received and filed. Five Flags
Civic Center Commission's year end
report for FY 1999; Investment
Oversight Commission submitting their
25th quarterly report, presented and
read. Voetberg moved that the
minutes and reports be received and
filed. Seconded by Michalski. Motion
carried 7-0.
Printed Council Proceedings for
month of August, 1999, presented for
Council approval. Voetberg moved
that the proceedings be approved as
printed. Seconded by Michalski.
Motion carried 7-0.
Proofs of Publication on publication
of Council Proceedings for meeting of
9-7 and List of Claims and Summary of
Revenues for month ending 7-31-99,
presented and read. Voetberg moved
that the proofs be received and filed.
Seconded by Michalski. Motion carried
7-0.
NOTICES OF CLAIMS/SUITS:
Marlene Gerken in amount of $175.00
for backed up sewer damages; Karen
Sister in amount of $1,306.00 for
property damages, presented and
read. Voetberg moved that the claims
and suits be referred to the Legal Staff
for investigation and report Seconded
by Michalski. Motion carried 7-0.
Corporation Counsel advising
vehicle damage claim of Marilyn J.
Wilson has been referred to Peoples
Natural Gas Company, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
Corporation Counsel recommending
payment of $100.00 be authorized and
paid as part of the Sanitary Sewer
Backup Assistant Program to Michele
Harry -Segura, presented and read.
Voetberg moved that the
communication be received and filed
and approved recommendation and
Finance Director to issue proper check.
Seconded by Michalski. Motion carried
7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Vehicle damage of
Robert L. & Barbara R. Day, John L.
Manderscheid, presented and read.
Voetberg moved that the
418 Regular Session, October 4, 1999
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
City Manager recommending
approval of application to IDOT for
TEA -21 funds for Downtown Gateways
Project, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Michalski. Motion carried 7-0.
RESOLUTION NO. 536-99
RESOLUTION PROVIDING FOR AN
APPLICATION TO IDOT FOR TEA -21
TRANSPORTATION ENHANCEMENT
FUNDS FOR THE DOWNTOWN
GATEWAYS PROJECT
Whereas, the Iowa Department of
Transportation (IDOT) has allocated
TEA -21 Transportation Enhancement
Funds for scenic highway programs,
landscaping and other beautification;
and
Whereas, the City of Dubuque has
the required local match for an
application to IDOT for TEA -21
Transportation Enhancement Funds for
the Downtown Gateways Project, which
includes landscaping of gateways at
the intersections of Highways 20, 61
and 151; Highways 61/151 and 5th
Street; and Highways 61/151 and llth
Street; and
Whereas, the City of Dubuque has
made the enhancement of gateways
into the community a priority, as well as
a goal in the Dubuque Comprehensive
Plan.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Mayor hereby is
authorized to sign the application to
IDOT for TEA -21 Transportation
Enhancement Funds for the Downtown
Gateways Project.
Section 2. That the City Council
hereby authorizes the City Manager to
utilize budgeted funds to comply with
TEA -21 grant requirements fora local
match for this project, should the
application be approved by IDOT.
Section 3. That in the event said
application is approved, the City of
Dubuque will provide its written
assurance that the completed project
will be maintained adequately for its
intended public use for a minimum of
twenty (20) years following project
completion.
Section 4. That the City of Dubuque
hereby agrees to abide by all local,
state and federal requirements
applicable to the proposed project.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval of application to IDOT for
TEA -21 funds for Railroad Freight
House Restoration Project, presented
and read. Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 537-99
RESOLUTION PROVIDING FOR AN
APPLICATION TO IDOT FOR TEA -21
TRANSPORTATION ENHANCEMENT
FUNDS FOR THE RAILROAD
FREIGHT HOUSE RESTORATION
PROJECT BY DUBUQUE COUNTY
HISTORICAL SOCIETY
Whereas, the Iowa Department of
Transportation (IDOT) has allocated
TEA -21 Transportation Enhancement
Funds for historic preservation;
rehabilitation and operation of historic
transportation buildings, structures, and
facilities; and establishment of
transportation museums; and
Whereas, the Dubuque County
Historical Society (DCHS) has
requested City sponsorship of and will
provide the required local match for an
application to IDOT for TEA -21
Transportation Enhancement Funds for
the Restoration of the Railroad Freight
House, which will be part of the River
Discovery Center; and
Whereas, the City of Dubuque
participates as a sponsor in the
America's River Project, which includes
the River Discovery Center.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor hereby is
authorized to sign the application for
the River Discovery Centers Railroad
Freight House Restoration Project on
behalf of the DCHS to IDOT for TEA -21
Transportation Enhancement Funds.
Section 2. That the City Council
hereby authorizes the City Manager to
negotiate an appropriate contract with
the DCHS to comply with TEA -21 grant
requirements for this project, should
the application be approved by IDOT.
Section 3. That in the event said
application is approved, the DCHS will
provide its written assurance that the
Regular Session, October 4, 1999
completed project will be maintained
adequately for its intended public use
for a minimum of twenty (20) years
following project completion.
Section 4. That the City of Dubuque
hereby agrees to abide by all local,
state and federal requirements
applicable to the proposed project.
Passed, approved and adopted this
4th day of October , 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval for request to DMATS for
reallocation of Funds for Highway 20
Landscaping Project, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 538-99
RESOLUTION PROVIDING FOR A
REQUEST TO DMATS FOR
REALLOCATION OF ISTEA
TRANSPORTATION ENHANCEMENT
FUNDS FROM THE ICE HARBOR
PLAZA TRAIL HEAD PROJECT TO
THE HIGHWAY 20 LANDSCAPING
PROJECT
Whereas, the Dubuque Metropolitan
Area Transportation Study (DMATS)
has allocated a grant of $144,842 in
ISTEA Transportation Enhancement
Funds for the redevelopment of the Ice
Harbor Plaza around the Iowa
Welcome Center, Diamond .Jo Casino
and Portside building as a trail head for
the Dubuque Heritage Trail and
Mississippi Riverwalk projects; and
Whereas, Peninsula Gaming, owner
of the Diamond Jo Casino and Portside
building, has requested use of the
plaza area from the City, for events and
activities related to riverboat gambling
and other entertainment facilities; and
Whereas, the City of Dubuque has
budgeted funds and prepared
construction plans for the Highway 20
Landscaping project, which is an
eligible ISTEA project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Manager
hereby is authorized to request that
DMATS reallocate the grant of
$144,842 in ISTEA Transportation
Enhancement Funds from the Ice
Harbor Plaza Trail Head Project to the
419
Highway 20 Landscaping Project.
Section 2. That the City Manager
hereby is authorized to utilize budgeted
funds to comply with TEA -21 grant
requirements for the local match for the
Highway 20 Landscaping Project,
should the reallocation be approved by
DMATS.
Section 3. That in the event said
reallocation is approved, the City
Council hereby provides its written
assurance that the completed project
will be maintained adequately for its
intended public use for a minimum of
twenty (20) years following project
completion.
Section 4. That the City of Dubuque
hereby agrees to abide by all local,
state and federal requirements
applicable to the proposed project.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval of Supplement No. 42 to City
Code of Ordinances, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 539-99
ADOPTING SUPPLEMENT NO. 42 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, under date of July 17,
1989, the City Council„ pursuant to
Ordinance No. 34-89, readopted the
Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted
up to and including December 19,
1988; and
Whereas, since December 19, 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that
supplements by resolution, become
part of the Code of Ordinances.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 42
of the Code of Ordinances of the City
of Dubuque, Iowa, covering Ordinances
through Ordinance No. 62-99 enacted
420
Regular Session, October 4, 1999
through July 19, 1999 and prepared by
the Sterling Codifiers, Inc, Weiser, ID
hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be
and is hereby adopted and becomes
part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
Public Health Specialist advising that
Cindy Post is not interested in
reapplying for Environmental
Stewardship Advisory Commission,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval of Jaeger Heights Subdivision
No. 2 in the City, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 540-99
A RESOLUTION RESCINDING
RESOLUTION NO. 270-99 AND
APPROVING REAFFIRMING THE
FINAL PLAT OF LOTS 1 THRU 4 OF
BLOCK 4, LOTS 1 AND 2 OF BLOCK
5, AND LOTS 1 THRU 3 OF BLOCK 6
OF JAEGER HEIGHTS SUBDIVISION
NO. 2, IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with
the City Clerk a final plat of Lots 1 thru
4 of Block 4, Lots 1 and 2 of Block 5
and Lots 1 thru 3 of Block 6 of Jaeger
Heights Subdivision No. 2 in the City of
Dubuque, Iowa; and
Whereas, upon said final plat
appears, streets to be known as Jaeger
Drive and Bianca Drive (Lot A),
together with certain public utility and
sanitary sewer and storm sewer
easements which the owners by said
final plat have dedicated to the public
forever; and
Whereas, the preliminary plat has
been examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, saidfinal plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 2 below;
and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it, except that no
streets or public utilities have yet been
constructed or installed; and
Whereas, the City Council concurs
in the conditions of approval
established by the Zoning Commission
and the City Planner.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Resolution No. 270-
99 is hereby rescinded.
Section 2. That the dedication of
Jaeger Drive and Bianca Drive (Lot A)
together with the easements for public
utilities, sanitary sewer, storm sewer
and water mains as they appear upon
said final plat, be and the same are
hereby accepted; and
Section 3. That the final plat of Lots
1 thru 4 of Block 4, Lots 1 and 2 of
Block 5, and Lots 1 thru 3 of Block 6 of
Jaeger Heights Subdivision No. 2, is
hereby reaffirmed and the Mayor and
City Clerk are hereby authorized and
directed to endorse the reaffirmation of
the City of Dubuque, Iowa, upon said
final plat, provided the owners of said
property herein named, execute their
written acceptance hereto attached
agreeing:
a. To reduce Jaeger Drive and Bianca
Drive to grade and to construct
concrete curb and gutter and to hard
surface with asphaltic concrete, or with
concrete paving with integral curb, all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
conformance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
b. To install sanitary sewer mains and
sewer service laterals into each
individual lot, water mains and water
service laterals into each individual lot,
storm sewers and catch basins,
boulevard street lighting and erosion
control devices all in accordance with
the City of Dubuque standard
specifications, all in a manner
acceptable to the City Engineer, and in
accordance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
c. To construct said improvements
prior to two (2) years from the date of
acceptance of this resolution, at the
Regular Session, October 4, 1999
sole expense of the owners, or future
owners. -
d. To maintain the public improvements
for a period of two (2) years from the
date of acceptance of those
improvements by the City of Dubuque,
Iowa, at the sole expense of the
owners or future owners.
And further provided that said Al
Gudenkauf, as owner of said property,
shall secure the performance of the
foregoing conditions provided in this
Section by providing guarantees in
such form and with such sureties as
may be acceptable to the City Manager
of the City of Dubuque, Iowa.
Section 4. Sidewalk installation shall
be the responsibility of the owner
abutting the public rights-of-way,
including Lots with multiple frontages,
as required by City Code 41-161
through 41-164. The responsibility
shall extend to all successors, heirs
and assignees. Sidewalk installation
will not be required until the
development of the lot has been
completed, except as required herein.
In sparsely developed subdivisions,
sidewalks on developed Lots will not be
required until 50% of the Lots approved
by the plat have been developed. All
vacant Lots shall have sidewalks
installed upon development of 80% of
the Lots approved by the plat.
Section 5. That the final acceptance
of all public improvements shall occur
upon certification of the City Engineer
that all public improvements have been
completed in accordance with the
improvement plans and City standard
specifications.
Section 6. That in the event Al
Gudenkauf shall fail to execute the
acceptance and furnish the guarantees
provided in Section 2. hereof within 180
days after the date of this Resolution,
the provisions hereof shall be null and
void and the acceptance of the
dedication and approval the plat shall
not be effective.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 540-99
I, the undersigned, Al Gudenkauf,
having read the terms and conditions of
the Resolution No. 540-99, and being
familiar with the conditions thereof,
hereby accept the same and agree to
the conditions required therein.
NOT SIGNED AS OF NOVEMBER
22, 1999.
421
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval for filing of Application for
Home Ownership Assistance,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
Tom Ganahl spoke requesting
approval.
RESOLUTION NO. 541-99
A RESOLUTION AUTHORIZING
SPONSORSHIP OF AN
APPLICATION TO THE FEDERAL
HOME LOAN BANK OF DES MOINES
FOR AFFORDABLE. HOUSING
PROGRAM FUNDS.
Whereas, the Federal Home Loan
Bank has published notice of
availability of funds under the
Affordable Housing Program; and
Whereas, local member FHLB
lending institutions have agreed to
submit an application for these funds,
for a program of homeownership
assistance to lower-income
households; and
Whereas, the City's CHAS and
Consolidated Plan promote the
objectives of homeownership
assistance and stabilization of target
neighborhoods; and
Whereas, provision of
homeownership opportunities to the
City's working families is a necessary
complement to on-going economic
development efforts.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The Mayor is hereby
authorized to execute this resolution in
sponsorship of an application to the
Federal Horne Loan Bank for
Affordable Housing Program funds, to
assist low- and moderate -income
families to purchase homes.
Section 2. This resolution shall take
effect immediately.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager responding to Alice
Conners petition regarding tree
removal in the Town Clock Plaza,
422 Regular Session, October 4, 1999
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
acceptance of Rocco Buda Park
Project, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Michalski. Motion carried 7-0.
RESOLUTION NO. 542-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the Rocca
Buda Park Construction Project has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 1998 and 1999
appropriations in the amount of
$56,068.72 in Community
Development Block Grant Funds, with
an additional $36,250.00 in private
participation donated from TKF
Foundation on behalf of Rocca Buda,
Jr. in amount equal to the amount of
this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 543-99
FINAL ESTIMATE
Whereas, the contract for the Rocco
Buda Park Construction Project has
been completed and the City Engineer
has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $92,318.72 and the said amount
shall be paid from Fiscal Year 1998
and 1999 appropriations in the amount
of $56,068.72 in Community
Development Block Grant Funds, with
an additional $36,250.00 in private
participation donated from TKF
Foundation on behalf of Rocca Buda,
of the City of Dubuque, Iowa.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
approval for changes regarding
approval of Neighborhood Support
Program, presented and read.
Voetberg moved that the
communication be received and filed
and recommendation approved.
Seconded by Michalski. Motion carried
7-0.
City Manager recommending
acceptance of traffic signals project on
U.S. Highway 20 & entrance to Wal-
Mart, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Michalski. Motion carried 7-0.
RESOLUTION NO. 544-99
ACCEPTING TRAFFIC SIGNALS AT
U.S. 20 AND WAL-MART ENTRANCE
Whereas, the City required Wal-Mart
to construct traffic signals at the
intersection of U.S. 20 and the Wal-
Mart entrance as a condition of their
site plan approval; and
Whereas, the traffic signals were
completed in 1994 and the City
Manager has examined the work and
has filed a certificate stating that the
same has been completed in
accordance with the plans approved by
the City and in conformance with City
specifications, and has recommended
that the traffic signals be accepted by
the City Council.
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 traffic signals be and the
same are hereby accepted.
Section 2. That the City agrees, by
accepting this dedication, to accept
legal title to and ownership of the traffic
signals as well as all maintenance
Regular Session, October 4, 1999. 423
obligations associated therewith.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending
acceptance of Asbury Road at Chaney
Road traffic signal installation,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 545-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the Asbury
Road at Chaney Road Traffic Signal
Installation Project has been completed
and the City Manager has examined
the work and filed his certificate stating
that the same has been completed
according to the terms of the contract,
plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Capital Improvement appropriation
for traffic signal improvements in
amount equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 546-99
FINAL ESTIMATE
Whereas, the contract for the Asbury
Road at Chaney Road Traffic Signal
Installation Project has been completed
and the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $21,965.73 and the said amount
shall be paid from Capital Improvement
appropriation for traffic signal
improvements of the City of Dubuque,
Iowa.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager approving extension of
Community Partnership Grant
Agreement Amendment, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 547-99
RESOLUTION APPROVING A TIME
EXTENSION FOR COMPLETION OF
THE COMMUNITY PARTNERSHIP
PROGRAM (CP2) PROJECT WITH
AUDUBON ELEMENTARY SCHOOL.
Whereas, by Resolution 339-98, the
City of Dubuque awarded Audubon
Elementary School $7,800 in
Community Partnership Program (cp2)
funds; and
Whereas, Audubon Elementary
School executed a grant agreement on
September 1, 1998, pursuant to said
grant award; and
Whereas, Audubon Elementary
School has requested that the City of
Dubuque approve an amendment to
said grant agreement, which
amendment would extend the project
completion date; and
Whereas, the Community
Development Advisory Commission
has approved the request to extend the
completion of the project to June 30,
2000.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
hereby approves the attached
amendment to the Community
Partnership Program (cp2) grant with
Audubon Elementary School.
Section 2. That the City Manager is
hereby authorized to execute the
attached amendment on behalf of the
City of Dubuque, Iowa.
Passed, approved and adopted the
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
424 Regular Session, October 4, 1999
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
City Manager recommending denial
of request for 4 -way stop signs at
Alpha Street and Van Buren Streets,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 548-99
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
5 Points Mart, Inc. 5 Points Mart, Inc.
+(Sunday Sale) 405 Rhomberg Ave
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 550-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Dog House Lounge Inc. Dog House
Lounge +(Sunday/Outdoor Sale)
1646 Asbury Rd
Aramark Educational Serv.
Loras College(1 Day -Outdoor Sale)
1450 Alta Vista Dr
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
BOARDS AND COMMISSIONS:
Individuals are invited to address the
Council to express their desire to serve
on various Boards/Commissions.
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION
Applicants: Katie Gustafson (Youth);
Wm. Niemann, Sarah Schneider. Katie
Gustafson and William Niemann both
spoke requesting consideration for
appointment.
APPOINTMENT to BUILDING CODE
BOARD OF APPEALS:
Applicant - F. James Kolf. Voetberg
moved that F. James Kolf be
reappointed to a three year term which
will expire 8-1-01. Seconded by
Robbins. Motion carried 7-0.
Buol moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Nicholson. Motion
carried 7-0.
Corporation Counsel Barry Lindahl
left the Chambers and Assistant City
Attorney William Blum sat in as Legal
Counsel on the following Public
Hearing.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs.; Notice of Property
Owners advising of hearing in
Resolution of Necessity and Notice to
Bidders on the Receipt of Bids for
Construction of Florence, Villa, and
Mountain Lane Sanitary Sewer
Extension Project and City Manager
recommending to award contract for
project Petition containing 9 signatures
submitting objections to various
elements on the proposed sanitary
sewer plan for their neighborhood;
Michael Keegan and Barry Lindahl
requesting approval of the project,
presented and read. Buol moved that
the proofs, communication and petition
be received and filed. Seconded by
Nicholson. Motion carried 7-0.
Cindy Oliver, 545 Villa, Rita Vogt,
675 Florence, Brenda Hartig, Dick
•
•
Regular Session, October 4, 1999 425
Hartig, and Kathryn Whitlow, spoke
objecting to various aspects of this
project Mike Keegan spoke
questioning specifics of the cost, but
stressing the need for the project.
RESOLUTION NO. 551-99
A RESOLUTION TO PROCEED WITH
A PUBLIC IMPROVEMENT PROJECT
TO CONSTRUCT A SANITARY
SEWER SYSTEM ON FLORENCE,
VILLA AND MOUNTAIN LANE AND
TO ACQUIRE PROPERTY AND
EASEMENTS FOR THE SEWER
PROJECT.
Whereas, by Resolution No. 490-99,
the City Council states its intent to
commence a public improvement
project to construct a sanitary sewer
system on Florence, Villa and Mountain
Lane; and
Whereas, in connection with the
construction of the sanitary sewer
system, it will be necessary for the City
to acquire easements for the
installation, maintenance and repair of
said sewer; and
Whereas, notice of intent to
commence the public improvement
project was given to all property owners
whose properties may be acquired in
whole or in part for the project; and
Whereas, the City Council set a
public hearing for the 4th day of
October, 1999, on the consideration of
the City Council's intent to commence
the public improvement project and
Whereas, on October 4, 1999, at 7:
00 p.m. in the Public Library auditorium
in Dubuque, Iowa, the City Council
conducted the public hearing on its
intent to commence the public
improvement project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
1. The City Council determines to
proceed with the public improvement
project to construct a sanitary sewer
system on Florence, Villa and Mountain
Lane.
2. The Public Works Department
and the Legal Department are hereby
authorized and directed to take such
actions as may be necessary, including
the exercise of eminent domain, to
acquire the necessary easements for
the installation, maintenance and repair
of said sewer.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 552-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of
September, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Florence, Villa,
and Mountain Lane Sanitary Sewer
Extension Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 553-99
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE FLORENCE,
VILLA, AND MOUNTAIN LANE
SANITARY SEWER EXTENSION
PROJECT
Whereas, the City Council has
proposed a Resolution of Necessity for
the Florence, Villa, and Mountain Lane
Sanitary Sewer Extension Project, has
given notice of the public hearing
thereon as required by law; and
Whereas, the public hearing has
been held, all persons offering
objections have been heard and
consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed Resolution of
Necessity described above is hereby.
Adopted, without amendment, and
426 Regular Session, October 4, 1999
all objections filed or made having
been dully considered are overruled.
Passed, adopted and approved this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 554-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Florence, Villa, and Mountain Lane
Sanitary Sewer Extension Project
pursuant to Resolution No. 496-99 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 9th day of
September, 1999.
Whereas, said sealed proposals
were opened and read on the 24th day
of September, 1999, and it has been
determined that the bid of W.C. Stewart
Construction Co. of Dubuque, Iowa, in
the amount of $201,972.25 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 W.C.
Stewart Construction Co.. 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
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution and that the City Manager be
directed to bring back some interest
rate information for the project.
Seconded by Nicholson. Motion
carried 7-0.
Corporation Counsel Lindahl
returned to the Chambers as Legal
Counsel.
Proof of Publication certified to by
the Publisher on Notice of Public
Hearing to rezone property at
Northeast corner of JFK Road and W.
32nd St. as requested by John & Doris
Kivlahan, presented and read.
Voetberg moved that the proof be
received and filed. Seconded by
Nicholson. Carried by the following
vote: Yeas --Duggan, Buol, Markham,
Michalski, Robbins, Voetberg. Nays—
Nicholson.
John Kivlahan spoke requesting the
rezoning. Dave Unsen, 3078 John E
Kennedy Rd., spoke objecting to the
requesting rezoning.
An Ordinance Amending Zoning Map
by reclassifying property located at the
Northeast corner of JFK Rd. and West
32nd St. from AG Agricultural and R-1
Single -Family Residential Districts to
OS, R-1, R-2, R-3, C-2 and C-3
Districts and from County Agricultural
District City's R-1 and R-2 Districts,
concurrent with annexation, (Ordinance
not approved by Zoning Advisory
Commission), first and second
readings given on 9-20-99, now
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 80-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ON AT THE NORTHEAST CORNER
OF JOHN F. KENNEDY ROAD AND
WEST 32ND STREET, FROM CITY
AG AGRICULTURAL AND R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICTS, TO OS OFFICE
SERVICE, R-1 SINGLE-FAMILY
RESIDENTIAL, R-2 TWO-FAMILY
RESIDENTIAL, R-3 MODERATE
DENSITY MULTI -FAMILY
RESIDENTIAL, C-2 NEIGHBORHOOD
SHOPPING CENTER COMMERCIAL,
AND C3 GENERAL COMMERCIAL
DISTRICTS, AND FROM DUBUQUE
COUNTY A-1 AGRICULTURAL
DISTRICT TO CITY OF DUBUQUE R-
1 SINGLE-FAMILY RESIDENTIAL
DISTRICT AND R-2 TWO-FAMILY
RESIDENTIAL, CONCURRENT WITH
ANNEXATION.
Whereas, John and Doris Kivlahan,
property owners, have requested
rezoning of property within the
Dubuque corporate limits, and rezoning
concurrent with annexation to the City
•
Regular Session, October 4, 1999 427
of Dubuque in accordance with Section
2-3 of Appendix A (Zoning Ordinance)
of the City of Dubuque Code of
Ordinances; and
Whereas, this request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances • is
hereby amended by reclassifying the
hereinafter described property from
City AG Agricultural and R-1 Single -
Family Residential Districts, to OS
Office Service, R-1 Single -Family
Residential, R-2 Two -Family
Residential, R-3 Moderate Density
Multi -Family Residential, C-2
Neighborhood Shopping Center
Commercial and C-3 General
Commercial Districts, and from
Dubuque County A-1 Agricultural
District to City of Dubuque R-1 Single -
Family Residential and R-2 Two -Family
Residential Districts, concurrent with
annexation, as shown in Exhibit A, and
to the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The - foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law, and at such time that
the herein described property is legally
annexed into the City of Dubuque,
Iowa.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA Davis, City Clerk .
Published officially in the Telegraph
Herald newspaper this 12th day of
October, 1999.
Mary A. Davis CMC, City Clerk
1t 10/12
Voetberg moved to amend the
Ordinance, changing three lots from C-
3 to C-2. Seconded by Robbins. Vote
on the motion was as follows: Yeas—
Buol, Duggan, Michalski, Robbins,
Voetberg. Nays—Markham, Nicholson.
Voetberg moved final consideration
and adoption of the Ordinance, as
amended. Seconded by Nicholson.
Vote on the motion was as follows:
Yeas—Buol, Duggan, Markham,
Michalski, Robbins, Voetberg. Nays—
Nicholson.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to annex property owned by
Kivlahan Farms, L.C. for approx. 40
acres of property along Arboretum
Drive at NE corner of JFK Rd. and
West 32nd St., presented and read.
Buol moved that the proof be received
and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 555-99
RESOLUTION ANNEXING CERTAIN
PROPERTY
Whereas, John and Doris Kivlahan,
Kivlahan Farms, L.C., property owners,
have voluntarily petitioned for
annexation of approximately 40 acres
of property lying outside of the
corporate limits of the City of Dubuque,
Iowa, as shown in Exhibit A; and
Whereas, Chapter 368 of the Code
of Iowa authorizes the extension of City
limits in situations of this character by
adoption of a resolution after
notification as required by State
Regulations; and
Whereas, this request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan; and
Whereas, the future growth and
development of the City of Dubuque,
Iowa, make it desirable that said
property be made part of the City of
Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the territorial limits
of Dubuque, Iowa, be, and they hereby
are extended to include the property
legally described as SE 1/4 of SE 1/4
of Section 9, T89N, R2E, Dubuque
County, Iowa.
Section 2. The territory hereby
annexed shall become a part of the
Eleventh Precinct of the Second Ward
of the City of Dubuque, Iowa.
Section 3. That the City Clerk shall
file this resolution, all exhibits and the
petition for voluntary annexation with
the State of Iowa in accordance with
State Regulations.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A Davis, City Clerk
Bud moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
428 Regular Session, October 4, 1999
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider Zoning Ordinance
by adding a new definition to Section 8
by adding Crematoriums as an
accessory use to mortuaries and
funeral homes, (Requested by Patrick
Leonard); Communication from Patrick
Leonard, Funeral Director requesting
that a crematory be allowed to be a
separate building from mortuaries and
funeral homes, presented and read.
Voetberg moved that the proof and
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
An Ordinance Amending Zoning
Ordinance by adding a new definition
to Section 8 to define
Mortuaries/Funeral Homes and add
Crematoriums as an accessory use to
Mortuaries and Funeral Homes, with
first and second readings given on 9-
20-99, now presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 81-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY ADDING A
NEW DEFINITION TO SECTION 8 TO
DEFINE MORTUARIES/FUNERAL
HOMES AND ADD CREMATORIUMS
AS AN ACCESSORY USE TO
MORTUARIES AND FUNERAL
HOMES.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A of the
Zoning Ordinance of the City of
Dubuque Code of Ordinances is
hereby amended by adding a new
definition to Section 8 as follows:
Funeral Home/Mortuary. A building
used for the storage, preparation, and
display of the deceased and for the
performance of rituals and ceremonies
connected therewith before burial or
cremation. Crematoriums are permitted
as an accessory use to a funeral
home/mortuary providing they are
licensed by the Board of Mortuary
Science Examiners and have received
an establishment permit to operate,
required by Iowa Code, Chapter 156,
meet all federal regulations and be
granted a conditional usepermit from
the Zoning Board of Adjustment
Section 2. That the foregoing 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.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
October, 1999.
Mary A. Davis CMC, City Clerk
it 10/12
Voetberg moved to amend the
Ordinance to remove the statement:
"within the principal structure only."
Seconded by Michalski. Motion carried
7-0. Voetberg moved final
consideration and passage of the
Ordinance, as amended. Seconded by
Michalski. Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider amendment to
conceptual development plan for
expansion of ID District at 2570 Asbury
Road as requested by Emmaus Bible
College / Ron Balmer, presented and
read. Buol moved that the proof be
received and filed. Seconded by
Markham. Motion carried 7-0.
An Ordinance Providing for an
amendment of Ordinance No. 36-93
which adopted regulations for the
Emmaus Bible College Institutional
District, with first and second readings
given on 9-20-99, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 82-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY PROVIDING FOR THE
AMENDMENT OF ORDINANCE 36-93,
WHICH WAS ADOPTED
REGULATIONS FOR THE EMMAUS
BIBLE COLLEGE INSTITUTIONAL
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 and
Ordinances 36-93 be amended by
adopted a revised campus
development plan, a copy of which is
attached to and made a part hereof, to
wit
•
•
•
Regular Session, October 4, 1995
Lot 1 of St. Rose Place, Lot 1 of Red
Cross/University Park Subdivision and
Lot 2 of Lot 2 Chaney Road School
Place No. 2 and to the centerline of the
adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. That pursuant to Iowa
Code Section 414.5(1993) and as an
express condition of amending the
Emmaus Bible College Institutional
District, the undersigned property
owner(s) agree(s) to the following
conditions, 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. Use Regulations
The following regulations shall apply to
all uses made of land in the above
described ID Institutional District:
1) Principal permitted uses shall be
limited to:
a) Colleges and universities
b) Vocational Schools
c) Seminaries
d) Offices for administrative personnel
or other institutional employees and
affiliates
e) Churches, libraries, and museums
f) Classrooms, laboratories, lecture
halls, and similar places of institutional
assembly
g) Off-street parking and loading
h) Recreational or athletic facilities for
the primary use and benefit of
institutional residents or affiliates
I) Single-family, two family or multi-
family dwellings for the housing of
institutional residents or affiliates
2) Accessory Uses. The following
uses shall be permitted as accessory
uses in the above-described ID
Institutional District.
a) All uses customarily incidental to
the principal permitted uses in
conjunction with which such accessory
uses operated or maintained, but not to
include commercial use outside the
principal building.
3) No conditional uses shall be
allowed.
B. 1 of and Rulk Regulations
Development of land in the ID
Institutional District shall be regulated
as follows:
1) The proposed building addition to
the gymnasium shall be located in
conformance with the attached campus
development plan and all final site
development plans are to be approved
in accordance with provisions of the ID
Institutional District regulations.
C. Performance Standards
The development and maintenance of
429
uses in this ID Institutional District shall
be established in conformance with
Section 3-5.2 of the Zoning Ordinance
and the following standards:
1) The proposed parking lot addition
providing a minimum of 59 additional
spaces shall be constructed prior to
occupancy of the proposed building
addition.
2) New outdoor lighting for the
proposed parking lot additions and
building expansion shall use at least 90
degree cutoff light fixtures.
3) Landscaping shall be provided in
compliance with Section 4.4 of the
Zoning Ordinance.
4) Screening shall be provided
along the west side of the parking lot
proposed for construction parallel to
Chaney Road.
5) All utilities including telephone
and cable television shall be installed
underground.
6) No grading, excavating, or other
land disturbing activity may occur
before approval of a final site
development plan.
7) Final site development plans shall
be submitted in accordance with
Section 4.4 of the Zoning Ordinance.
D. Perkinn Rennirements
The off-street parking requirements
for the principal permitted uses for the
herein described ID Institutional District
shall be a minimum of 336 off-street
parking spaces.
E. Ogen Space and Recreational Areas
Those areas not designated on the
conceptual development plan for
development shall be maintained as
open space, as defined by Section 8 of
the Zoning Ordinance by the property
owner and/or association.
F. Sign Reyulafons
The sign regulations shall be the
same as that which are allowed in the
ID Institutional District as established in
Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standard
1) Theconceptual development plan
shall be valid for a period of five (5)
years provided final site development
plan is submitted within three (3) years
from the date of approval.
2) That all previously approved
conceptual development plans are
hereby amended to allow for the
attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of
property in this ID Institutional District
shall include the transfer or lease
agreement a provision that the
purchaser or lessee acknowledges
430 Regular Session, October 4, 1999
awareness of the conditions
authorizing the establishment of the
district.
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. Recording
A copy of this ordinance shall be
recorded at the expense of the property
owner(s) with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within ten (10)
days of the adoption of this ordinance.
This ordinance shall be binding upon
the undersigned and all his/her heirs,
successors and assignees.
Section 3. That the foregoing
amendment has heretofore been
reviewed by the Zoning Commission of
the City of Dubuque, Iowa.
Section 4. That the foregoing
amendment shall take effect upon
publication, as provided by law.
Passed, approved, and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 82-99
(I) Frank Couch, representing
Emmaus Bible College, having read
the terms and conditions of the
foregoing Ordinance No. 82-99 and
being familiar with the conditions
thereof, hereby accept this same and
agree to the conditions required
therein.
Dated in Dubuque, Iowa this 4th day
of October, 1999.
By /s/ Frank Couch
Published officially in the Telegraph
Herald newspaper this 14th day of
October, 1999.
Mary A. Davis CMC, City Clerk
It 10/14
Buol moved final consideration and
passage of the Ordinance. Seconded
by Markham. Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider amendment to
Chapter 42 pertaining to Inspection
Fees for Public Improvements,
presented and read. Robbins moved
that the proof be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending City Code
of Ordinances, Chapter 42, Subdivision
Regulations, by amending Section 42-
24(a)(3) pertaining to reduction of
inspection fees from 5% to 3% for
public improvements, with first and
second readings given on 9-20-99, now
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 83-99
AN ORDINANCE AMENDING
CHAPTER 42, SUBDIVISION
REGULATIONS, OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY AMENDING SECTION 42-24(a)(3)
PERTAINING TO INSPECTION FEES
FOR PUBLIC IMPROVEMENTS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 42, Subdivision
Regulations, of the City of Dubuque
Code of Ordinances is hereby
amended by amending Section 42-
24(a)(3) by changing the inspection
fees for public improvements, as
follows:
Section 42-24. Improvement
Guarantees
(a) Application:
(3) Payment of City inspection fees
for public improvements shall be based
upon three percent (3%) of the cost of
the public improvements with a final
adjustment made for actual costs;
payment shall be made prior to
recording of the plat.
Section 2. This ordinance 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
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
October, 1999.
Mary A. Davis CMC, City Clerk
1t 10/13
Robbins moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Landscaping of the Dubuque
Industrial Center West and City
Manager recommending to award
Regular Session, October 4, 1999 431
contract for project, presented and
read. Robbins moved that the proofs
and communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 556-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 7th day of
September, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the LANDSCAPING
OF THE DUBUQUE INDUSTRIAL
CENTER WEST.
WHEREAS, notice of hearing on
plans, specifications, form of contract
and estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for saki improvements
for said project.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 557-99
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for
LANDSCAPING OF THE DUBUQUE
INDUSTRIAL CENTER WEST
pursuant to Resolution No. 489-99, and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa, on the 24th day of
September, 1999.
WHEREAS, said sealed proposals
were opened and read on the 28th day
of September, 1999, and it has been
determined that the bid of THE
NAUMAN NURSERY in the amount of
$103,511 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 THE
NAUMAN NURSERY, and the Manager
be and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractors bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Widening of Pennsylvania Avenue at
the Northwest Arterial Project and City
Manager recommending to award
contract for project, presented and
read. Robbins moved that the proofs
and communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 558-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of
September, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Widening of
Pennsylvania Avenue at the Northwest
Arterial Project.
Whereas, notice of hearing on plans;
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 559-99
AWARDING CONTRACT
432 Regular Session, October 4, 1999
Whereas, sealed proposals have
been submitted by contractors for the
Widening of Pennsylvania Avenue at
the Northwest Arterial Project pursuant
to Resolution No. 534-99 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 24th day of September, 1999.
Whereas, said sealed proposals
were opened and read on the 29th day
of September, 1999, and it has been
determined that the bid of Porten
Construction, Inc. of Dubuque, Iowa, in
the amount of $78,149.03 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 Portzen
Construction, 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
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Concrete Repairs on North
Grandview and Delhi Project and. City
Manager recommending to award
contract for project, presented and
read. Voetberg moved that the proofs
and communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 560-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of
September, 1999, plans, specifications,
form of contract and estimated cost
were tiled with the City Clerk of
Dubuque, Iowa for the Concrete
Repairs on North Grandview at Delhi
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY. COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 561-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Concrete Repairs on North Grandview
at Delhi Project pursuant to Resolution
No. 527-99 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 24th
day of September, 1999.
Whereas, said sealed proposals
were opened and read on the 29th day
of September, 1999, and it has been
determined that the bid of Porten
Construction, Inc. of Dubuque, Iowa, in
the amount of $106,491.65 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 Porten
Construction, 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
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Regular Session,: October 4, 1999 433
Motion carried 7-0.
Michalski moved to reinstate the
rules limiting discussion to Council.
Seconded by Markham. Motion carried
7-0.
Hearings on the assessment of a
civil penalty of $300.00 against
following tobacco permittees: Big 10
Mart, 2100 JFK Rd.; Billy Buck's, 521
E. 22nd Street; Casey's General Store,
2699 Rockdale; Family Beverage
Center, 3400 Central; IOCO Speede
Shoppe, 3200 Central Ave.; Kalmes
Breaktime Bar & Grill, 1097 Jackson
St.; Murph's South End Tap, 55 Locust
St.; Tobacco Outlet Plus, 806 Wacker
Dr.; Walgreen's, 555 JFK Rd.; Wareco,
700 Rhomberg; Yard Arm, 1202 Shiras
Ext. and 30 day suspension for King of
Clubs, 1902 Central Ave., presented
and read. Buol moved to approve the
assessments and also authorize the
thirty day suspension for the King of
Clubs. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending City Code
of Ordinances providing for the
establishment of 30 mile per hour
speed limit on Fremont Ave. from U.S.
Highway 20 to North Cascade Road,
the first reading only given at meeting
of 9-20-99, now presented for further
action. Voetberg moved that this be
considered the second reading of the
Ordinance. Seconded by Nicholson.
Vote on the motion was as follows:
Yeas—Buol, Duggan, Markham,
Robbins, Voetberg. Nays—Michalski,
Nicholson.
A Petition containing 100 signatures
requesting that speed limit remain as is
on Fremont Ave. , presented and read.
Voetberg moved that the petition be
received and filed. Seconded by
Nicholson. Vote on the motion was as
follows: Yeas—Buol, Duggan,
Markham, Robbins, Voetberg. Nays—
Michalski, Nicholson.
City Manager submitting Ordinance
providing for the governing of posting
of signs for speed limits, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Section 32-
234 of the City Code requiring signs to
be erected when there is a speed
change on the same street, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 84-99
AN ORDINANCE AMENDING
SECTION 32-234 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
REQUIRING SIGNS TO BE ERECTED
FOR A RATE OF SPEED CHANGE
ON A STREET
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. Sec. 32-234 of the City
of Dubuque Code of Ordinances is
hereby amended to read as follows:
Section 32-234. Signs to be Erected:
On a street on which the rate of
speed changes, other than primary
roads and extensions of primary roads,
there shall be erected by the City
suitable standard signs showing the
points at which the rate of speed
changes on such street and the
maximum rate of speed in the district
which the vehicle is entering.
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest'. Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
October, 1999.
Mary A Davis CMC, City Clerk
1t 10/13
Voetberg 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.
Seconded by Nicholson. Motion
carried 7-0. Voetberg moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
Motion carried 7-0.
Report from City Manager regarding
Board of Health as requested at
Council goal setting session and
requesting direction, presented and
read. Michalski requested City to
continue to work on this situation and
work with County Board of Health
before final decision is made. All
obligations are followed by County
Health. Seeking Attorney General
Opinion - Look at local for financial
responsive - How do we do it if County
is reponsible - Need Process how to
turn over to County - Need transition
process how turn -over happens - Ann
434 Regular Session, October 4, 1999
suggested we should have City
representative on County Board of
Health - maybe expand to include a
City representation.
Michalski moved that this matter be
referred back to Staff for one final
meeting with County Board of Health
before decision is made. Do Not
dissolve City Board of Health now, but
City Manager to work with transition
plan. Seconded by Voetberg. Carried
by the following vote: Yeas—Duggan,
Buol, Michalski, Nicholson, Robbins,
Voetberg. Nays—Markham.
Discussion on status of Airport
Commission. Voetberg moved that
Mayor Duggan, Council Members
Michalski and Nicholson be a
committee to work with Airport
Commission and other Task Force for
4-6 months to verify if appropriate
structure. Seconded by Buol. Motion
carried 7-0.
City Manager submitting legislative
issues for 2000 and requesting review,
presentedand read. Voetberg moved
that the communication be received
and filed and recommendation
approved. Seconded by Nicholson.
Motion carried 7-0.
City Manager submitting documents
providing for Demolition of Building at
351 Iowa Street, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Michalski. Motion carried 7-0.
RESOLUTION NO. 562-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the DEMOLITION
OF 351 IOWA STREET, DUBUQUE,
IA, in the estimated amount of
$30,000.00 are hereby approved and
ordered filed in the office of the City
Clerk, for public inspection.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 563-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on tile in the
office of the City Clerk for the public
inspection of the DEMOLITION OF 351
IOWA STREET, DUBUQUE, IOWA
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 1st day of November,
1999, a public hearing will be held at 7:
00 p.m. in the Public Library
Auditorium, at which interested persons
may appear and be heard for or
against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such hearing to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall be not less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
hearing, any interested person may
appear and file objections to the
proposed plans, specifications,
contract, or estimated cost of the
improvement.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 564-99
ORDERING BIDS
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the DEMOLITION OF 351
IOWA STREET is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the purchase of
materials herein provided, to be
published in a newspaper having
general circulation in the City of
Dubuque, Iowa which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2: 00 p.m. on the 19th day
of October, 1999. Bids shall be
•
•
•
Regular Session,: October, 4, 1999
435
opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 7: 00 p.m. on
the 1" day of November, 1999.
Passed, approved and adopted this
4th day of October, 1999
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Buol.
Motion carried 7-0.
City Manager submitting documents
providing for construction of Skate Park
Equipment project, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 565-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the proposed plans,
specifications, form of contract and
estimated cost for the SKATE PARK
EQUIPMENT, in the estimated amount
of $100,000, are hereby approved and
ordered filed in the office of the City
Clerk, for public inspection.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 566-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the SKATE PARK
EQUIPMENT.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 6th day of December, 1999,
a public hearing will be held at 7: 00
p.m. in the Public Library Auditorium, at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 567-99
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the SKATE PARK EQUIPMENT
is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that
the amount of . the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2: 00 p.m. on the 23rd day of
November, 1999. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 7: 00 p.m. on the 6th day
of December, 1999.
Passed, approved and adopted this
4th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
David Reardon spoke concerning
the denial of Consent Item *18, stating
that the Stop Sign requested is to be at
the intersection of Alpha and Van
Buren Streets, not Alpha and Illinois
Streets and requests further
consideration and review.
At 10: 30 P.M., Voetberg moved to
go into Closed Session - In accordance
with Chapter 21.5 1.(c) State Code of
436 Regular Session, October 4, 1999
Iowa, 1999 as amended, To discuss
strategy with counsel in matters where
litigation is imminent where its
disclosure would be likely to prejudice
or disadvantage the position of the
governmental body in this litigation.
Seconded by Nicholson. Motion
carried 7-0.
At 10: 56 P.M., Council reconvened
Regular Session and stated Staff had
been given proper direction.
There being no further business,
Buol moved to adjourn the meeting.
Seconded by Voetberg. Motion carried
7-0. The meeting adjourned at 10: 57
P.M.
/s/ Mary A. Davis CMC,
qh City Clerk
/r
Approved
Adopted
1999
1999
Council Members
Atte%,
City Clerk
•
•
•
Board of Health, October 18, 1999
DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Board of Health, Regular Quarterly
Meeting, October 18, 1999
Board met at 6:50 P.M., Public
Library Auditorium
PresentChairperson Duggan,
Board Members Buol, Markham,
Michalski, Nicholson, Robbins,
Voetberg.
Chairperson Duggan read the call
and stated this is the Regular Quarterly
meeting of the Board of Health called
for the purpose to act upon such
business which may properly come
before the Board.
Steve Baumhover, Chairperson of
VNA, presented their report. Steve
Baumhover and Barbara Moran spoke.
Michalski moved that the report be
received and filed. Seconded by Buol.
Motion carried 7-0.
City Manager responding to Dr.
Madden% report on Communicable
Disease issues, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Markham. Motion carried
7-0.
There being no further business,
Buol. moved to adjourn. Seconded by
Robbins. Motion carried 7-0. The
meeting adjourned at 7:01 P.M.
/s/ Mary A. Davis CMC
Secretary, Board of Health
437
Approved t100* -4-1 1999
Adopted
•
1999
��- - 100,
Ch iyefrs.
1 of
3► t ralZn,
Board Members
Attest:
/!'iJlil./jofp
Secretary, B d off Health
438 Regular Session, October 18, 1999
- DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
October 18, 1999
Council Met at 7:00 P.M., Public
Library Auditorium
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is the Regular City Council
meeting called for the purpose to act
upon such business which may
properly come before the Council.
Invocation was given by Msgr.
James Barta, Vicar General of the
Roman Catholic Archdiocese of
Dubuque.
PROCLAMATIONS- Oct. 17 "YWCA
Week Without Violence" received by
Sue Hamilton; Oct 23 as "St. Dominic
Villa Dar received by Dave Tranel and
Sr. Marian DeGrood, O.P.,
Administrator and Prioress of St.
Dominic Villa; Oct. 23-31 "Red Ribbon
Week" (2). received by students Lisa
Frommelt, Kelly Callahan and Ed
Frederick;. Oct 24-30 "Childhood Lead
Poisoning Prevention Week" received
by Mary Rose Corrigan, .Kathy Lamb
and Tami Ernster.
Thom Determan, Chair of the Human
Rights Comm., made a presentation of
the State of Iowa Prism Award to the
City.
MINUTES SUBMITTED: Airport
Commission of 9-30; Billboard Ad Hoc
Committee of 9-21 & 10-5; Cable TV
Regulatory Commission of 9-22;
Housing Commission of 9-14;
Investment Oversight Commission of 8-
5; Park & Recreation Commission of 9-
21, presented and read. Buol moved
that the minutes be received and filed.
Seconded by Robbins. Motion carried
7-0.
Convention & Visitors Bureau
submitting their quarterly report;
Investment Oversight submitting
quarterly report; Finance Director
submitting Financial reports for month
ending Sept. 30, 1999, presented and
read. Buol moved that the reports be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Proofs of Publication on publishing
list of claims and Summary of
Revenues for month ending 8-31-99;
Publishing Council Proceedings for
meetings of 9-15 & 9-20, presented
and read. Buol moved that the proofs
be received and filed. Seconded by
Nicholson. Motion carried 7-0.
NOTICES OF CLAIMS/SUITS --
Michael Dunwoody & Stephanie
Robinson, parents and guardians of
Jacob Robinson in unknown amount
for personal injuries; Roger Winchester
in unknown amount for personal
injuries, presented and read. Buol
moved that the claims and suits be
referred to the Legal Staff for
investigation and report. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel recommending
payment of $100.00 as part of the
Sanitary Sewer Backup Assistance
Program to the following: John Davis,
Glen Grutz, Eldon Lange, Phil
Schumacher, Roger Slattery and
Jeremy Stuart, presented and read.
Buol moved that the payments be
approved and the Finance Director to
issue the proper checks. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel recommending
denial of following claims;
Reimbursement of expenses of
Marlene Gerken and sewer backup
damages of Gail and Leonard Stoffel,
presented and read. Buol moved that
the communications be received and
filed and denials approved. Seconded
by Robbins. Motion carried 7-0.
Corporation Counsel recommending
settlement of expenses claim for
backup sewer to Robert & Heidi
McDonald in amount of S77.00 and
Finance Director to issue proper check,
presented and read. Buol moved that
the communication be received and
filed and settlement approved.
Seconded by Robbins. Motion carried
7-0.
Corporation Counsel recommending
payment of property damage claim of
Karen Sisler, presented and read. Buol
Regular Session, October 18, 1999 439
moved that the communication and
recommendation approved be received
and filed. Seconded by Robbins.
Motion carried 7-0.
Regina Thibeau, President of Catfish
Creek Coalition expressing concerns
over ruptured or by-passed city sanitary
sewer lines leaking into Catfish Creek,
and City Manager responding to
concerns expressed by Ms. Thibeau,
presented and read. Buol moved that
the communications be received and
filed. Seconded by Robbins. Motion
carried 7-0.
Heartland Regional Paramedic
Services advising of their ability to do
ambulance billing service and
requesting to submit a proposal to the
City, presented and read. Buol moved
that the communication be received
and filed. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of new cooperative winter
maintenance agreement between the
City and County of Dubuque and
authorizing Mayor to execute
document, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 568-99
RESOLUTION APPROVING
COOPERATIVE WINTER
MAINTENANCE AGREEMENT WITH
THE COUNTY OF DUBUQUE
Whereas, Chapter 368 of the Code
of Iowa was amended in 1994 by
Senate File 418 regarding secondary
road responsibilities when proposed
annexations include property on only
one side of an existing roadway, and
Whereas, the City of Dubuque, Iowa
and Dubuque County, Iowa agree that
winter road maintenance split down
roadways' centerlines is not cost
efficient or practical; and
Whereas, the City of Dubuque
agrees to perform for Dubuque County
winter maintenance operations on
portions of Seippel Road, Old Highway
Road, Cousins Road, Middle Road and
Peru Road; and
Whereas, Dubuque County agrees
to perform for the City of Dubuque
winter maintenance operations on
portions of English Mill Road,
Cottingham Road, John F. Kennedy
Road, Seippel Road, North Cascade
Road, Riverside Drive and Lake
Eleanor Road; and
Whereas, it is necessary that the
City of Dubuque and Dubuque County
enter into an agreement regarding the
winter maintenance on these
roadways;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby
approve and direct the Mayor to sign
the Agreement with Dubuque County
for winter maintenance operations on
said roadways.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
REFUNDS REQUESTED — Greater
Dubuque River Boat Entertainment Co
LC $633.75 on unexpired Liquor
License, presented and read. Buol
moved that the refund be approved and
Finance Director to issue proper check.
Seconded by Robbins. Motion carried
7-0.
Zoning Advisory Commission
advising of their approval of plat of
Charlie's Place, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 569-99
A RESOLUTION APPROVING THE
SURVEY PLAT OF LOT 1 OF 2 AND
LOT 2 OF 2 OF CHARLIE'S PLACE,
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a survey plat of Lot 1 of
2 of Lot 2 of 2 of Charlie's Place in the
City of Dubuque, Iowa; and
Whereas, said plat provides 0 feet of
frontage for Lot 2 of 2, where 60 feet is
required by Section 42-19(b) of the
Subdivision Regulations; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 2 of 2 to have 0 feet of
440 Regular Session, October 18, 1999
frontage, where 60 feet of frontage is
required, because Lot 2 has an access
easement to a public street.
Section 2. That the survey plat of Lot
1 of 2 and Lot 2 and 2 of Charlie's
Place is hereby approved and the
Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 569-99
I, JoAnn Lee Hart, the undersigned,
having read the terms and conditions of
the Resolution No. 569-99 and being
familiar with the conditions thereof,
hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 18th
day of October, 1999.
By /s/JoAnn Lee Hart
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Billboard Ad Hoc Committee
advising of their intent to provide their
final recommendations to the Council
at the December 6th meeting,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
City Manager recommending
acceptance of Phase 0 Valentine Park
Construction Project. presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 570-99
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
PHASE II, VALENTINE PARK
CONSTRUCTION PROJECT has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 1998 and 1999
appropriations in the amount of
$288,030.37 in General Funds.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 571-99
FINAL ESTIMATE
WHEREAS, the contract for the
PHASE 0, VALENTINE PARK
CONSTRUCTION PROJECT has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $288,030.37 and the said amount
shall be paid from Fiscal Year 1998
and 1999 General Fund appropriations
of the City of Dubuque, Iowa.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of Five Flags Center Ice
Chiller Equipment. presented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 572-99
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
FIVE FLAGS CHILLER EQUIPMENT
PURCHASE has been completed and
the City Manager has examined the
work and filed his certificate stating that
the same has been completed
according to the terms of the contract,
plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
Regular Session, October 18,1999 441
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 1999 appropriations in
the amount of $53,330.00 in General
Funds, in amount equal to the amount
of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest MaryA Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 573-99
FINAL ESTIMATE
WHEREAS, the contract for the
FIVE FLAGS CHILLER EQUIPMENT
PURCHASE has been completed and
the Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
costs,
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $53,330.00 and the said amount
shall be paid from Fiscal Year 1999
General Fund appropriations of the City
of Dubuque, Iowa.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of Five Flags Center Ice
Chiller Equipment Installation,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 574-99
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
FIVE FLAGS CHILLER EQUIPMENT
INSTALLATION PROJECT has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 1999 appropriations in
the amount of $74,651.90 in General
Funds, in amount equal to the amount
of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 575-99
FINAL ESTIMATE
WHEREAS, the contract for the
FIVE FLAGS CHILLER EQUIPMENT
INSTALLATION PROJECT has been
completed and the Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $74,651.90 and the said amount
shall be paid from the Fiscal Year 1999
General Fund appropriations of the City
of Dubuque, Iowa.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of public improvements for
Medical Associates Phase 1 & 11,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 576-99
ACCEPTING IMPROVEMENTS IN
MEDICAL ASSOCIATES
SUBDIVISION AND MEDICAL
ASSOCIATES SUBDIVISION NO. 2
Whereas, pursuant to Resolution
Nos. 334-95 and 379-96 certain
442
Regular Session, October 18, 1999
improvements including street paving,
storm sewer, sanitary sewer,
watermain and street lighting were
installed by the developer of Medical
Associates Subdivision and Medical
Associates Subdivision No. 2; and
Whereas, the improvements have
been completed and the City Manager
has examined the work and has filed a
certificate stating that the same has
been completed in accordance with the
plans approved by the City Council and
in conformance with City specifications,
and has recommended that the
improvements be accepted by the City
Council.
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 improvements in Medical
Associates Subdivision and Medical
Associates Subdivision No. 2 be and
the same is hereby accepted.
Section 2. That maintenance of said
street improvements shall be the
responsibility of the contractor and the
owner until November 4, 2000.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of Agreement to provide
request for Proposed Consulting
Services for a point of service Health
Insurance Program, presented and
read. Buol moved that the
communication be received and filed
and recommendation approved.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending to
remove utility poles on Third St. and
Main Streets, Buol moved that the
communication be received and filed
and recommendation approved.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending
renewal of $300,000 Downtown
Rehabilitation Loan Program
commitment to the Iowa Inn project,
presented and read. Buol moved that
the communication be received and
filed andrecommendation approved.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 577-99
A RESOLUTION AUTHORIZING RE -
ISSUANCE OF A LETTER OF
COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A
DOWNTOWN REHABILITATION
LOAN TO STOUT PLACE
APARTMENTS, L. P.
Whereas, the City of Dubuque, Iowa,
has created a Downtown Rehabilitation
Loan Program for the purpose of
stimulating reinvestment in the
Downtown Dubuque Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa
is encouraging the use of this loan
program to finance code compliance
activities and to spur job creation and
upper story housing unit development;
and
Whereas, the loan application from
the Stout Place Apartments, L. P.
meets the requirements of this
program; and
Whereas, a revised Commitment
Letter, hereto attached and by this
reference made a part hereof, sets
forth the terms and conditions of Stout
Place Apartments, L. P.'s participation
in the Downtown Rehabilitation Loan
Program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the application of
Stout Place Apartments, L. P. for
participation in the Downtown
Rehabilitation Loan Program is hereby
accepted and approved.
Section Z That the Mayor is hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque,
Iowa, the attached revised
Commitment Letter and to forward said
letter to Stout Place Apartments, L. P.
for review and approval.
Section 3. That the City Manager be
and he is hereby directed to prepare,
upon execution and receipt of the
attached Commitment Letter by the
applicant, the necessary loan
documents in accordance with the
terms and conditions set forth in said
Commitment Letter.
Section 4. That the City Manager is
hereby authorized to execute, on behalf
of the City Council of the City of
Dubuque, Iowa, all necessary loan
documents and is further authorized to
disburse loan funds from the Downtown
Rehabilitation Loan Program, in
accordance with the terms and
conditions of the executed agreement.
Passed, approved and adopted this
18TH day of October, 1999.
Watt
Regular Session, October, 18, 1999 443
Terrance M._Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 578-99
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit
CLASS "B" BEER PERMIT
Riegel Corp Godfathers Pizza
+(Sunday Sale) 1575 JFK Rd.
CLASS "C" BEER PERMIT
Wal-Mart Stores, Inc.
Wal-Mart Supercenter#
2004+ (Sunday Sale) 4200 Dodge St
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 579-99
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS"C"(COMMERCIAL)
BEER/LIQUOR LICENSE
Grandma's Pantry West, Inc.
Attitudes Pub & Grill+(Sunday Sale)
2660 Dodge St.
James/Janet Kohl The Grand Tap
+(Sunday Sale) 802 Central Ave
DAMA Corp Rainbow Lounge
+(Sunday Sale) 36 W 4th St
Nelda Bennett Old Shang
+(Sunday Sale) 1091 Main St
CLASS "B"(WB) WINE
Wal-Mart Stores, Inc
Wal-Mart Supercenter #2004
+(Sunday Sale) 4200 Dodge St
CLASS "E" LIQUOR LICENSE
Wal-Mart Stores, Inc.
Wal-Mart Supercenter#2004
+(Sunday Sale) 4200 Dodge St
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
BOARDS AND COMMISSIONS
HISTORIC PRESERVATION
COMMISSION:
Individuals are invited to address the
Council to express their desire to serve
on various Boards/Commissions.
Applicant - Suzanne Guinn. Ms. Guinn
spoke requesting to serve.
City Manager requesting to waive
process and provide for consideration
of appointment tonight, presented and
read.
Michalski moved that Ms. Guinn be
appointed to the unexpired term
representing the Jackson Park area
which will expire 7-1-2001. Seconded
by Robbins. Motion carried 7-0.
HUMAN RIGHTS COMMISSION:
One Unexpired term which will expire
1-01-01. Applicants: Rev. Kris Kincaid,
Wm. (Bill) Ross, Charles Ryan and
Katherine Stevens. Wm. Ross,
Charles Ryan and Katherine Stevens
spoke requesting consideration for
appointment.
APPOINTMENTS to Environmental
Stewardship Advisory Commission:
Applicants — Katie Gustafson (Youth),
William Niemann, Sarah Schneider.
Voetberg moved that Katie Gustafson
be reappointed to a term (representing
Youth) which will expire 10-1-2000 and
Sarah Schneider reappointed and
William Niemann appointed to three
year terms that will expire 10-1-2002.
Seconded by Robbins. Motion carried
7-0.
Michalski moved that the rules be
suspended to allow anyone present to
address the Council. Seconded by
Robbins. Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
444 Regular Session, October 18, 1999
on the _ Receipt of Bids for the
Construction of Fifth Street Parking
Ramp Expansion (Precast Materials)
and City Manager recommending to
award contract for project, presented
and read. Buol moved that the proofs
and communication be received and
filed. Seconded by Voetberg. Motion
carried 7-0.
RESOLUTION NO. 580-99
ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 15th day of
September, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa, for the purchase of
precast materials for the expansion of
the Fifth Street Ramp.
Whereas, notice of hearing on plans,
specifications, form of contract and
estimated cost was published as
required by law.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the plans, specifications, form
of contract and cost in the amount of
$379,000.00 are hereby approved said
project.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Voetberg.
Motion carried 7-0.
RESOLUTION NO. 581-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
purchase of precast concrete materials
for the expansion of the Fifth Street
Ramp and notice to bidders have been
published in a newspaper published in
the City of Dubuque, Iowa on the 24th
day of September, 1999; and
Whereas, said sealed proposals
were opened and read on the 12th day
of October, 1999 and it has been
determined that the bid of Gage
Brothers Concrete Products in the
amount of $379,000.00 was the lowest
bid for the furnishing of all materials 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 Gage
Brothers Concrete Products of Sioux
Falls and the Manager is hereby
authorized to execute a contract on
behalf of the City of Dubuque.
Passed, approved and adopted this
18th day of October, 1999.
Mary A. Davis CMC, City Clerk
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Voetberg.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice to hearing to
approve disposal of property in
Downtown Urban Renewal District to
Town Clock Associates, LLC and
Trilog, Inc.; City Clerk advising no
competitive bids were received by
10:00 A.M. on October 18, 1999; City
Manager recommending to proceed
with sale of property, presented and
read. Buol moved that the proof and
communications be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 582-99
A RESOLUTION DETERMINING
THAT THE PROPOSAL OF TOWN
CLOCK PLAZA ASSOCIATES IS IN
COMPLIANCE WITH THE TERMS OF
OFFERING FOR DISPOSITION OF
LOT 1 OF BLOCK 13, DUBUQUE
DOWNTOWN PLAZA, IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY,
IOWA.
Whereas, this Council, by Resolution
No. 503- 99 dated September 15,
1999, nominated the City .Clerk as
agent of the City of Dubuque, Iowa, to
receive and open on October 18, 1999,
at 10:00 a.m. proposals in competition
to the proposal of Town Clock Plaza
Associates, referred to in said
resolution for the sale of Lot 1 of Block
13, Dubuque Downtown Plaza for
development only in accordance with
the terms and conditions set forth in
said resolution; and
Whereas, the City Clerk has
reported to this Council that no
qualified, competing proposal was
submitted.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the report of the City
Clerk that no qualified competing
proposal was submitted by 10:00 a.m.
on October 18, 1999, for the
development of Lot 1 of Block 13,
Dubuque Downtown Plaza be received,
filed and adopted.
Section 2. That it is hereby
determined that the proposal of Town
•
•
•
Regular Session, October 18, 1999
Clock Plaza Associates for
development of said property is the
only proposal which satisfies the terms
and conditions of the offering set forth
in Resolution No. 503-99 adopted by
this Council on September 15, 1999.
Passed, approved and adopted this
18'' day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A Davis, City Clerk
Suol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 583-99
RESOLUTION ACCEPTING THE
PROPOSAL FOR SALE AND
PRIVATE DEVELOPMENT OF LOT 1
OF BLOCK 13, DUBUQUE
DOWNTOWN PLAZA IN THE CITY OF
DUBUQUE, IOWA, APPROVING
AGREEMENT FOR SAME, AND
AUTHORIZING ACTIONS TO
IMPLEMENT SAID AGREEMENT
INCLUDING EXECUTION AND
DELIVERY OF DEED.
Whereas, this Council, by Resolution
No. 503-99 dated September 15, 1999:
1. Adopted terms and conditions for
offering for sale Lot 1 of Block 13,
Dubuque Downtown Plaza in the City
of Dubuque, Iowa, for sale and private
development;
2. Determined that the proposal
submitted by Town Clock Plaza
Associates, LLC., satisfies the
requirements of said offering;
3, Declared its intent to accept the
Town Clock Plaza Associates, LLC.,
proposal and to enter into a
Development Agreement by and
among the City of Dubuque, Town
Clock Plaza Associates, LLC., and
Trilog, Inc. in the event no other
qualified proposals were timely
submitted for development of said
property; and
4. Invited competing proposals
which met the terms and conditions of
said offering to be submitted to the City
Clerk on or before 10:00 a.m., October
18, 1999; and;
Whereas, on September 16, 1999,
the teat of said Resolution was
published as the official notice of this
offering and of the intent of the City of
Dubuque, Iowa, in the event no other
qualified proposals were timely
submitted, to enter into a Development
Agreement by and among the City of
Dubuque, Town Clock Plaza
Associates, LLC„ and Trilog, Inc.; and
Whereas, by separate Resolution of
this date, this Council has received and
445
approved as its own the report of the
City Clerk that no other qualified
proposal was received; and
Whereas, it is the determination of
this Council that acceptance of the
proposal and sale to and development
of the disposition parcel by Town Clock
Plaza Associates, LLC., according to
the terms and conditions set out in the
attached is in the public interest of the
citizens of the City, and is consistent
with the City's Urban Renewal Plan for
the Downtown Dubuque Urban
Renewal District
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the attached
Development Agreement by and
among the City of Dubuque, Town
Clock Plaza Associates, LLC., and
Trilog, Inc. is in the public interest of
the citizens of Dubuque and in
furtherance of the City's Urban
Renewal Project, and is hereby
approved.
Section 2. That the Mayor is hereby
authorized and directed to execute said
Agreement on behalf of the City and
the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the Mayor and City
Clerk are hereby authorized and
directed to execute a Special Warranty
Deed for said property on behalf of the
City of Dubuque as provided in said
Agreement.
Section 4. That the City Manager is
authorized to take such actions as are
necessary to comply with the terms of
the Agreement as herein approved,
including delivery of the Special
Warranty Deed.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing for amendment to Fiscal Year
2000 Budget and City Manager
recommending approval of carryovers
and amendment, presented and read.
Voetberg moved that the proof and
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
446 Regular Session, October 18, 1999
RESOLUTION N0. 584-99
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2000
IAS AMENDED LAST ON
Be It Resolved by the Council cif the City of CCtOce3000a idY9
Section 1. Folwi
ang nonce oublishetl
and the public hearing held. Det . 13, 1999t,e cursor pecget las prewously amended) is amended as set out
nerein and in the decal by fund type and acMM1y Mat supports tnis resolution where was considered t Mat hevrg
Passedms 18'h
Day
City Cast
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
Nicholson moved that the following
item be removed from the table.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Zoning
Map by reclassifying property located
at the Northeast corner of JFK Road
and W. 32nd St. from AG to C-3 District
(Kivlahan), presented and read.
Nicholson moved to deny adoption of
the Ordinance. Seconded by Robbins.
Motion carried 7-0.
Robbins moved to reinstate the rule,
limiting discussion to the Council.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Code of
Ordinances by revising subsection (c)
payer
Cctccer• 1999
Mayor
of Section 32-231 providing for
establishment of speed limits on
Fremont Ave. from U.S. Highway 20 to
Simpson at 25 mph and from Simpson
to North Cascade Road at 30 miles per
hour (first reading was given on 9-20;
second reading on 10-4), now
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 85-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REVISING SUBSECTION (C) OF
SECTION 32-231 THEREOF
PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS
ON FREMONT AVENUE
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Tact Budget
as centred
or fast amended
Current
Amendment
Total Budget
after Currant
A :stat-nt
Revenues S Other Financing Sources
-LY.+!d
'.`..290.002
">.!G '.
0
16250.&7)
Pmcetty 1
Taxes Levee en
Peerd Taresye.v Year 2
0
0
0
ass' untalented z
P•ddenv Tern 3
''?90'902
0
15.290.602
Net run -fit
Proceed Ta.4
0
0
C
Otanauent
5
'.152.1360
1152.136
3F
6
'6M.056
0
7604.055
Oilier ON rue.
Pena. 7
682.499
0
562.499
'senses
P2derre 3
11.084.1790
11.034.179
UeeSMeeev and.
17013.352
3024.653
20.043.605
v.... n. eel
10
13.457.389
0
13.467.389
Charges to Semen
11
1.12 504
0
11.127.564
Teens n ents
12
1526.129
50
160
1642.629
uacalen�:ssv
Same, 13
22.2770.067
3.000.000
25.270.087
Meer Finatone
14
'05371725
6041153
112184'48
Teas nun a•d nmer'eaters
-axnditures s Other Financing Wee
_..
- <. ]
• 5045.353
.
_
is 29.625
166.062
- tame !ire siren iconeel 15
evsoon
Mean exam recce nens em 13
13.075.453 197.689
10.273.142
& Ce•00eroemnt
E:mm:men agitate meets vols eel 17
34 270.944 10.155.446
96.529.390
acme & Communes
Imsynr corm gest lees est 18
3.112.79 463.462
6575.231
Fchv6 aentmnnreign
19
_ _._45
e'S 644 x9
=.i= -•f09846]9
1256291x8
_
20
Total
-.5. Nts
-':r
2923.171
%'y;.r.
02.923.1711
0 3.,7
Deet Swage21
22
55383029
7772.235
73.155.255
tame Fawn
23
47 338365
3712443
60550757
Ile rOreaen 151en4eurn
24
16370.057
0
. 087
Tarsiers Out
25
•31 514
10 984 679
975
Exces'RendgeWTRINenny.7r-c-77-77'"
Excess
nu war
nut 26
e
13
_
352_ffx•s.
:494352:
AWab3'G"_c
''•�C _3 1
71
"35699.29
emenu.esom«sera
Seesaw., t 27
1
'64952
n,g43,526
4a 559.9939
aNnnr.
Fund
g.emnn,'Fwaa,u.4,,r*
Fndan cum R.e.nce4••nr,p 3a
5664352
0
15564352
Passedms 18'h
Day
City Cast
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
Nicholson moved that the following
item be removed from the table.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Zoning
Map by reclassifying property located
at the Northeast corner of JFK Road
and W. 32nd St. from AG to C-3 District
(Kivlahan), presented and read.
Nicholson moved to deny adoption of
the Ordinance. Seconded by Robbins.
Motion carried 7-0.
Robbins moved to reinstate the rule,
limiting discussion to the Council.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Code of
Ordinances by revising subsection (c)
payer
Cctccer• 1999
Mayor
of Section 32-231 providing for
establishment of speed limits on
Fremont Ave. from U.S. Highway 20 to
Simpson at 25 mph and from Simpson
to North Cascade Road at 30 miles per
hour (first reading was given on 9-20;
second reading on 10-4), now
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 85-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REVISING SUBSECTION (C) OF
SECTION 32-231 THEREOF
PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS
ON FREMONT AVENUE
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Regular Session, October 18, 1999
Ordinances of the City of Dubuque,
Iowa be amended by deleting the
following from Subsection (c) of
Section 32-231 thereof as follows:
">Sec 32-731 1 imits Generally."
(c)
TWENTY-FIVE (25) MILES
PER HOUR
Fremont Avenue, from U.S. Highway
20 to Simpson Street and from Kelly
Lane to North Cascade Road.
THIRTY-FIVE (35) MILES
PER HOUR
Fremont Avenue from Simpson
Street to Kelly Lane.
Section 2. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding the
following to Subsection (c) in Section
32-231 thereof as follows:
"Sec. 32-231. Limits Generally."
(c)
*
THIRTY (30) MILES PER HOUR
Fremont Avenue, from North
Cascade Road to Simpson Street.
TWENTY-FIVE (25) MILES
PER HOUR
Fremont Avenue, from Simpson
Street to U.S. Highway20.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 25th day of
October, 1999.
Mary A. Davis CMC, City Clerk
1t 10/35
Voetberg moved final adoption of the
Ordinance as amended (adding from
US Highway 20 to Simpson at 25 mph).
Seconded by Nicholson. Carried by
the following vote: Yeas—Buol,
Markham, Nicholson, Voetberg. Nays—
Duggan, Michalski, Robbins.
City Manager recommending
approval of construction of projecting
awnings/signs at 1005 & 1023 Main
Street, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Michalski. Motion carried 7-0.
An Ordinance Authorizing Gary and
Kathleen Jensen to install four
awnings/signs on their building at 1005
& 1023 Main Street, presented and
read.
447
(OFFICIAL PUBLICATION)
ORDINANCE NO. 86-99
AN ORDINANCE AUTHORIZING
GARY AND KATHLEEN JENSEN TO
CONSTRUCT AWNINGS WITH
SIGNAGE AT 1005 AND 1025 MAIN
STREET (CORNER OF 10TH AND
MAIN)
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Gary and Kathleen
Jensen, as the owners of the premises
known as 10th and Main, Dubuque,
Iowa, and legally described as Lot #1,
Hartig Addition, be and they are hereby
granted the revocable permit and
authority to construct and maintain
awnings and signs under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said awnings/signs;
and
b. Procure and maintain in force
during the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said awnings/signs
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence,
construction or maintenance of
awnings/signs and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the
City of Dubuque free and harmless
from any and all claims, loss, liability
and expense for death and/or injuries
to third persons or damages to property
of third persons, or for damage to any
448 Regular Session, October 18, 1999
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said awnings/signs
and in the event of their failure to do
so, the City of Dubuque shall be
authorized to remove said
awnings/signs at permittees' expense
and dispose of the same, and the
permittee shall have no claim against
the City or its agents for damages
resulting from the removal of said
awnings/signs .
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Gary and
Kathleen Jensen when this Ordinance
has been adopted by the City Council
and the terms and conditions thereof
accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 86-99
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No, 86-99,
hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
permittees.
By: /s/ Gary E. Jensen
By: /s/ Kathleen H. Jensen
Title: Owners
Dated: October 2, 1999
Published officially in the Telegraph
Herald newspaper this 26th day of
October, 1999.
Mary A. Davis CMC, City Clerk
1t 10/26
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Michalski. Motion carried 7-0.
City Manager submitting Ordinance
providing for stop signs as Sheridan &
Hogrefe, presented and read. Robbins
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Amending Code of
Ordinances by modifying subsection
(b) of Section 32-214 thereof providing
for the addition of Stop Signs on
Streets intersecting Sheridan Road,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 87-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
MODIFYING SUBSECTION (b) of
SECTION 32-214 THEREOF
PROVIDING FOR THE ADDITION OF
STOP SIGNS ON STREETS
INTERSECTING SHERIDAN ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding Hogrefe
Street and Sheridan Road, Edith Street
and Sheridan Road, Euclid Street and
Sheridan Road, O'Neill Street and
Sheridan Road, Harlan Street and
Sheridan Road, Groveland Street and
Sheridan Road, Argyle Street and
Sheridan Road, and Lawther Street
and Sheridan Road to Subsection (b)
of Section 32-214 thereof as follows:
Regular Session, October 18;:1999 449
of Section 32-214 thereof as follows:
"Sec 32-214 Stoo Intersections.
(b)
Eastbound
Hogrefe Street and Sheridan Road
Edith Street and. Sheridan Road
O'Neill Street and Sheridan Road
Groveland Street and Sheridan Road
Argyle Street and Sheridan Road
Westbound
Euclid Street and Sheridan Road
Harlan Street and Sheridan Road
Lawther Street and Sheridan Road
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 25th day of
October, 1999.
Mary A. Davis CMC, City Clerk
It 10/25
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager submitting Ordinance
providing for removal of parking on
East side of Jackson St., presented
and read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
An Ordinance Amending Code of
Ordinances prohibiting parking on
designated streets by adding portions
of Jackson Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 88-99
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
ADDING CERTAIN PORTIONS OF
JACKSON STREET
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by deleting from
Subsection (d) of Section 32-262 the
following:
Jackson Street, both sides, from East
Eighth Street to East Ninth Street and
from East Tenth Street to a point one
hundred forty feet (140') south of East
Eleventh Street
Section 2. That the Code of
Ordinances of the City of Dubuque,
Iowa, be amended by adding to
Subsection (d) of Section 32-262 the
following:
Jackson, both sides, from East Eighth
Street to East Ninth Street and from
East Tenth Street to a point one
hundred forty feet (140') south of East
Eleventh Street; east side, from Ruby
Street to Aquin Street
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 25th day of
October, 1999.
Mary A Davis CMC, City Clerk
1t10/25
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by Buol.
Motion carried 7-0.
City Manager submitting Ordinances
providing that Mt, Loretta & Windsor
Ave. be designated as a through
streets, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 89-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING MT. LORETTA AVENUE
AND WINDSOR AVENUE TO
SUBSECTION (b) OF SECTION 32-
213 THEREOF PROVIDING FOR THE
DESIGNATION OF THROUGH
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 be amended by adding Mt.
Loretta Avenue and Windsor Avenue to
Subsection (b) of Section 32-213
thereof as follows:
"Ser. 32-211- Thrmmh Streets
450 Regular Session, October 18, 1999
(b)
Mt. Loretta Avenue, from the east
property line of Bryant Street to its
easterly terminus.
Windsor Avenue, from the north
property line of Rhomberg Avenue to
the south property line of Davis Street
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this .25th day of
October, 1999.
Mary A. Davis CMC, City Clerk
1t 10/24
Michalski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager submitting Ordinance
providing for addition of three stop
signs on 24th St, presented and read.
Markham moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 91-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
MODIFYING SUBSECTION (b) of
SECTION 32-214 THEREOF
PROVIDING FOR THE ADDITION OF
STOP SIGNS ON ELM STREET, AND
PRINCE STREET AT TWENTY-
FOURTH STREET
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding Elm Street
and Twenty -Fourth Street and Prince
Street and Twenty -Fourth Street to
Subsection (b) of Section 32-214
thereof as follows:
"Sec. 32-214. Stop Intersections.
(b)
*
Northbound and Southbound
Elm Street and Twenty -Fourth Street
Northbound
Prince Street and Twenty -Fourth Street
Passed, approved and adopted this
19th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 25th day of
October, 1999.
Mary A. Davis CMC, City Clerk
1t 10/25
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
City Manager recommending
readoption of City Code of Ordinances,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Readopting
codification of all ordinances of the City
as required by State Code, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 92-99
AN ORDINANCE READOPTING THE
CODIFICATION OF ALL
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, OF A GENERAL
OR PUBLIC NATURE OR IMPOSING
A FINE OR PENALTY INCLUDING
CODES AND MAPS ADOPTED BY
REFERENCE, AS THE OFFICIAL
CODE OF THE CITY OF DUBUQUE,
IOWA, AS PROVIDED FOR AND
PURSUANT TO CHAPTER 380 OF
THE IOWA CODE; PROVIDING FOR
THE TITLE AND CITATION OF THE
CODE; REPEALING ALL
ORDINANCES AND PARTS OF
ORDINANCES OF A GENERAL OR
PUBLIC NATURE OR IMPOSING A
FINE OR PENALTY, PASSED ON OR
PRIOR TO JULY 19, 1999, EXCEPT
THOSE NOT CONTAINED IN SAID
CODE OR RECOGNIZED AND
CONTINUED IN FORCE BY
REFERENCE THEREIN; PROVIDING
PENALTIES FOR THE VIOLATION OF
THE SEVERAL SECTIONS
THEREOF; AND PRESCRIBING THE
TIME WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND
EFFECT.
Whereas, pursuant to Ordinance No.
•
•
•
Regular Session, October 18, 1999
55-76 adopted November 1, 1976, after
a duly convened public hearing, the
City Council of the City of Dubuque,
Iowa, adopted a Code of Ordinances
with an effective date of December 3,
1976, as provided in Section 380.8 of
the Iowa Code; and
Whereas, Section 380.8 of the Iowa
Code provides that at least once every
five years, a City shall compile a set of
Ordinances to be adopted by an
ordinance; and
Whereas, pursuant to Ordinance No.
63-81, adopted November 6, 1981, the
City Council of the City of Dubuque,
Iowa, readopted the said Code of
Ordinances with an effective date of
December 3, 1981, as provided in
Section 380.8 of the Iowa Code; and
Whereas, pursuant to Ordinance No.
93-86, adopted November 3, 1986, the
City Council of the City of Dubuque,
Iowa, readopted the said Code of
Ordinances, with an effective date of
November 17, 1986, as provided in
Section 380.8 of the Iowa Code; and
Whereas, pursuant to Ordinance No.
34-89, adopted July 17, 1989, the City
Council of the City of Dubuque, Iowa
readopted the said Code of
Ordinances, with an effective date of
July 20, 1989 as provided in Section
380.8 of the Iowa Code; and
Whereas, pursuant to Ordinance No.
68-94, adopted November 7, 1994, the
City Council of the City of Dubuque,
Iowa, readopted the said Code of
Ordinances, with an effective date of
November 14, 1994, as provided in
Section 380.8 of the Iowa Code; and
Whereas, the City Council has
determined that the Code of
Ordinances should be adopted, as
edited and compiled without change in
substance, as provided in Section
380.8 of the Iowa Code.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Code of Ordinances
Readopted. That the proposed Code
of Ordinances of the City of Dubuque,
Iowa printed by the Municipal Code
Corporation, Tallahassee, Florida, and
Sterling Codifiers, Inc., Weiser, Idaho,
heretofore filed in the Office of the City
Clerk of the City of Dubuque, Iowa,
consisting of Chapters 1 through 46,
with Appendix A, Appendix 9, Appendix
C, and Appendix D and including
references to codes adopted by
reference, a printed copy of which is
attached hereto and incorporated
herein by reference the same as if set
out in herein, is hereby adopted as the
451
"Code of Ordinances, City of Dubuque,
Iowa."
Section 2. Ordinances Repealed.
That all ordinances of the City of
Dubuque, Iowa, of a general and
permanent nature, enacted before July
19, 1999 and not contained in said
Code or recognized and continued in
force by reference therein are hereby
repealed from and after the effective
date of said Code, except as
hereinafter provided.
Section 3. Effect of Repeal;
Ordinances Saved. That the repeal
provided for in Section 2 hereof shall
not affect any of the following:
(a) Any offense or act committed or
any penalty or forfeiture incurred or any
contract or right established or accruing
before the effective date of said Code;
(b) Any ordinance promising or
guaranteeing the payment of money to
or from the City, or authorizing the
issuance of any bonds or other
evidence of indebtedness;
(c) Any appropriation or budget
ordinance;
(d) Any ordinance establishing the
compensation of any City officer or
employee;
(e) Any contract or obligation assumed
by the City;
(f) Any ordinance relating to the
purchase, condemnation, acquisition or
dedication of property for public use;
(g)Any ordinance dedicating,
establishing, opening, reopening,
naming, renaming widening, narrowing
or vacating any street, boulevard,
avenue, alley or other public way,
including rights-of-way;
(h) Any ordinance, establishing or
changing the grade of any street,
avenue, boulevard, trafficway or other
public way;
(I) Any ordinance authorizing, directing
or otherwise relating to any public
improvements;
(j) Any ordinance establishing or
changing the limits of the City or
pertaining to consolidations,
annexations or exclusions;
(k) Any ordinance levying general or
special taxes or special assessments;
(I) Any ordinance granting pensions for
retired officers and employees;
(m) Any ordinance granting any right,
privilege, easement or franchise to any
person, firm or corporation;
(n) Any zoning ordinance, or
amendment of the City's zoning map;
(o) Any ordinance prescribing traffic
regulations for specific streets or areas,
such as ordinances designating one-
way streets, arterial highways, through
452 Regular Session, October 18, 1999
streets, stop intersections or
intersections where traffic is to be
controlled by signals, and ordinances
prohibiting restriction, limiting or
otherwise regulating the stopping,
standing or parking of vehicles on
specific street or in specific areas;
(p) Any ordinance establishing rates
and charges for, or fees for connection
to any utility service, not inconsistent
with this Code;
(q) Any ordinance which, by its own
terms, expires after a specified time, or
on the prescribed date; and
(r) Any ordinance enacted on or after
July 19, 1999;
The repeal providing for by Section 2
hereof shall not be construed to revive
any ordinance or part thereof that has
been repealed by a subsequent
ordinance repealed by this ordinance.
The above enumeration of
exceptions shall not be held or deemed
to be exclusive, it being the purpose
and intention of this ordinance to
exclude from repeal any and all
ordinances not of a general nature.
Section 4. Severability of Provisions.
That each chapter, and any and all
subdivisions of said Code hereby
readopted, is independent of every
other chapter and subdivision thereof,
and the invalidity of any other chapter
or subdivision thereof, shall not
invalidate any other chapter or
subdivision thereof.
Section 5. Official Copy. That the
City Clerk shall attach to the official
copy of the Code of Ordinances hereby
readopted and attached hereto, the
City Clerk's official certificate showing
readoption and the effective date
thereof, and shall retain the said copy
and certificate on file in this office
where copies of the same shall be
subject to public inspection and for sale
to the public.
Section 6. Amendments. That any
additions or amendments to this Code
when passed as ordinances amending
this Code and which indicate the
intention of the Council to make the
same a part hereof shall be deemed to
be incorporated in this Code so that a
reference to the Code of Ordinances,
City of Dubuque, Iowa, shall be
understood to include them.
Section 7. Distribution of Copies.
That all printed copies of the Code
shall be deposited with the City Clerk
for distribution. The City Clerk may sell
printed or electronicmedia formats
(CD -Rom) copies of said Code at the
cost established by the City Clerk.
Section 8. General Penalty. That
the doing of any act prohibited or
declared to be unlawful or an offense
by said Code of Ordinances, or the
commission or failure to perform any
act or duty required by said Code, shall
unless another penalty is specified, be
punishable by a fine in a sum not
exceeding one hundred dollars
($100.00) or imprisonment not to
exceed thirty (30) days. The penalty
herein provided for shall be cumulative
with and in addition to the revocation,
cancellation or forfeiture of any license
or permit elsewhere in this Code
provided for violation thereof or for civil
penalties or violations of municipal
ordinances.
Section 9. Effective date. That this
ordinance consisting of Sections 1
through 9, inclusive, readopting the
proposed Code of Ordinances of the
City of Dubuque, Iowa, heretofore filed
in the Office of the City Clerk of the City
of Dubuque, Iowa, consisting of
Chapters 1 through 46, with Appendix
A, Appendix B, Appendix C, and
Appendix D and including codes
adopted by reference and all
subdivisions, of the same, the same
being designated as the "Code of
Ordinances, City of Dubuque, Iowa," is
in full force and effect from and after
the passage and publication of this
ordinance, according to law, and the
"Code of Ordinances, City of Dubuque,
Iowa," shall be in full force and effect
from and after the publication of this
Ordinance No. 92-99.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of
October, 1999.
Mary A. Davis CMC, City Clerk
It 1026
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel advising of
closing on an agreement with owner
and interested parties in purchase of
property for Riverwalk project,
presented and read. Michalski moved
that the communication be received
and fled. Seconded by Nicholson.
Motion carried 7-0.
Regular Session, October 18, 1999 453
RESOLUTION NQ. 585-99
A RESOLUTION ACCEPTING THE
DEEDS TO CERTAIN REAL ESTATE
IN DUBUQUE COUNTY, IOWA FROM
AMERICAN GRAIN AND RELATED
INDUSTRIES (A FARMER -OWNED
COOPERATIVE), THE ASPERMONT
COMPANY, C K WITCO COR-
PORATION (F/K/A CROMPTON &
KNOWLES CORPORATION) AND
R.E. LEWIS REFRIGERATION, INC.
Whereas, the City of Dubuque
entered into a Purchase Agreement
with American Grain and Related
Industries (a farmer -owned
cooperative) (AGRI) for the following
described real property in Dubuque
County, Iowa:
Lot 2 of Riverwalk 2nd Addition in
the City of Dubuque, Iowa
And Whereas, the terms of the
Purchase Agreement for said real
estate required that the City also obtain
deeds to the real estate from The
Aspermont Company, Crompton &
Knowles Corporation and R.E. Lewis
Refrigeration, Inc.
And Whereas, the terms of the
Purchase Agreement have now been
met
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
AS FOLLOWS:
1. The City of Dubuque hereby
accepts the Deeds from AGRI, The
Aspermont Company, C K Witco
Corporation f/k/a Crompton & Knowles
Corporation and R.E. Lewis
Refrigeration, Inc.
2. The City Clerk is hereby
authorized and directed to record this
Resolution and the Deeds with the
Dubuque County Recorder as provided
in Iowa Code Sec. 569.7
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel advising of
condemnation on the last remaining
parcel of property for the Riverwalk
project with value set at $56,500,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
City Manager recommending
approval of final plat of Barrington
Lakes No. 3, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 586-99
A RESOLUTION APPROVING THE
FINAL PLAT OF BARRINGTON
LAKES NO3. IN DUBUQUE COUNTY,
IOWA
Whereas, there has been filed with
the City Clerk a final plat of Barrington
Lakes No. 3 in Dubuque County, Iowa;
and
Whereas, upon said final plat appear
street(s) to be known as Barrington
Drive; and
Whereas, the preliminary plat has
been examined by the Zoning Advisory
Commission and had its approval
endorsed thereon, with the waiver of
Article IV, Design and Improvement
Standards of the Subdivision
Regulations, except for Section 42-19,
Lots and Blocks; and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of
Barrington Lakes No. 3 in Dubuque
County, Iowa, is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat
Section 2. That the City Council
hereby waives Article IV, Design and
Improvement Standards, except for
Section 42-19, Lots and Blocks, of the
City Subdivision Regulations.
Section 3. That in the event the
owner shall fail to execute the
acceptance within one hundred eighty
(180) days after the date of this
Resolution, the provisions hereof shall
be null and void and the acceptance
and approval of the plat shall not be
effective.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
454 Regular Session, October 18, 1999
ACCEPTANCE OF
RESOLUTION NO. 586-99
I, the undersigned, Larry McDermott,
representing Spruce Wood
Development, having read the terms
and conditions of the Resolution No.
586-99 and being familiar with the
conditions thereof, hereby accept this
same and agree to the conditions
required therein.
Dated in Dubuque, Iowa, this 18th
day of October, 1999.
By: /s/ Larry McDermott
Robbins moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
City Manager submitting copy of
correspondence forwarded to Dr. John
Viner on issues and ramifications
involved with City of Dubuque Board of
Health, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
Zoning Advisory Commission
advising of their denial on request of
Mark Becker to rezone property at
3195 Jackson St. from C-2 to CS
District and Mark Becker requesting
public hearing be set, presented and
read. Voetberg moved that the
communications be received and filed.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Zoning Map
by reclassifying property located at
3195 Jackson Street from C-2
Neighborhood Shopping District to CS
Commercial Service and Wholesale
District, presented and read. Voetberg
moved that a Public Hearing be set on
the Ordinance on 11-15-99 at 7:00 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carried 7-0.
Zoning Advisory Commission
advising of their denial on request of
Wayne Stewart to rezone property at
Southwest corner of Old Highway Road
and Seippel Road from County R-1 to
City MHI and LI Districts; Petition
containing 90 signatures opposing
rezoning of area; Attorney Todd
Stephenson on behalf of Wayne
Stewart requesting his client be
granted a public hearing, presented
and read. An Ordinance Amending
Zoning Map by reclassifying property
located at the southwest corner of Old
Highway Road and Seippel Road from
Dubuque County R-1 Rural Residential
District to City's MHI Moderate Heavy
Industrial and LI Light Industrial
Districts, concurrent with annexation,
presented and read. Buol moved that
a Public Hearing be set on the
Ordinance on 11-15-99 at 7:00 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the
manner prescribed by law. Seconded
by Voetberg. Motion carried 7-0.
Wayne Stewart requesting voluntary
annexation for approx. 45.21 acres of
property located at the southwest
corner of Old Highway Road and
Seippel Road, and City Manager
requesting public hearing be set for
November 15, 1999 to consider
annexing above property, presented
and read. Voetberg moved that a
Public Hearing be set for this on 11-15-
99 at 7:00 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescribed
by law. Seconded by Robbins. Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property in 2900 block of Kane Street
from ID to PUD with a PR District as
requested by Steve Boge/Kane
Development Corporation., presented
and read. Buol moved that the
communication be received and filed.
Seconded by Voetberg. Motion carried
7-0.
An Ordinance Amending Zoning Map
by reclassifying property located in the
2900 block of Kane Street from ID
Institutional District to PUD Planned
Unit Development District with a PR
Planned Residential District
designation and adopting a Conceptual
Development Plan with conditions, for
Pine Knolls Condominiums, presented
and read. Buol moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved that a public hearing be set on
the Ordinance at 11-1-99 at 7:00 p.m.
in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded
by Voetberg. Motion carried 7-0.
Regular Session, October 18, 1999
Zoning Advisory Commission
advising of their approval to rezone
property at 1005 Lincoln Ave. from R -
2A to R-3 as requested by Steve Ulstad
Architects/Bethany Horne, presented
and read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordnance Amending Zoning Map
by reclassifying property located on
Lincoln Ave. from R -2A Alternate Two -
Family Residential District to R-3
Moderate Density Multi -Family
Residential District, presented and
read. Voetberg 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 setting this matter for Public
Hearing on 11-1-99 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
Zoning Advisory Commission
advising of the approval to rezone
property at 3201 & 3265 Central Ave.
from C-2 to C-3 District as requested
by John Kretz/Perfection OH Company,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
An Ordnance Amending Zoning Map
by reclassifying property located at
3201 and 3265 Central Ave. from C-2
Neighborhood Shopping District to C-3
General Commercial District, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be 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 setting this matter for Public
Hearing on 11-1-99 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property at 51 W. 32nd St from C-2 to
C-3 District as requested by Tom
Thompson/7FM Co., presented and
read. Markham moved that the
455
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Zoning Map
by reclassifying located at 51 West
32nd Street from C-2 Neighborhood
Shopping District to C-3 General
Commercial District, presented and
read. Markham moved that the
requirement that a proposed Ordinance
be 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 setting this matter
for Public Hearing on 11-1-99 at 7:00
p.m. in the Public Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by law.
Seconded by Nicholson. Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval to amend text
amendment in Zoning Ordinance
regarding Schedule of Sign Reg-
ulations as requested by Larry Weitz
Signs Systems/American Trust &
Savings Bank, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Carried by the following
vote: Yeas—Buol, Duggan, Markham,
Nicholson, Robbins, Voetberg. Nays—
Michalski.
An Ordinance Amending Zoning
Ordinance by adopting a new Section
4-3.11 Schedule of Sign Regulations
for the C-4 Zoning District in lieu
thereof, pertaining to the on -premise
sign regulations for Jackson Park
Historic District properties zoned C-4
Downtown Commercial District,
presented and read. Buol moved that
the requirement that a proposed
Ordinance be 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 setting this matter for Public
Hearing on 11-15-99 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Carried by the following
vote: Yeas—Buol, Duggan, Markham,
Nicholson, Robbins, Voetberg. Nays—
Michalski.
City Manager recommending to
convey property on Radford Road & set
hearing, presented and read. Buol
456
Regular Session, October 18, 1999
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 587-99
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN LOT 1
AND LOT 2 OF DUBUQUE
INDUSTRIAL CENTER 12TH
ADDITION, IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF.
Whereas, the City. of Dubuque, lowa
(City) in its Quit Claim Deed to
Dubuque Initiatives, f/k/a Dubuque -In -
Futuro, dated September 2, 1981, and
filed for record in the Dubuque County
Recorder's Office on September 25,
1981, as Instrument No. 5801-81,
reserved certain easements in the
following described real property:
Lot 1 and Lot 2 of Dubuque
Industrial Center 12th Addition, in the
City of Dubuque, Iowa, according to the
recorded plat thereof.
And Whereas, Dubuque -In -Futuro,
now Dubuque Initiatives, now desires
to convey the above-described property
to Ron Ainley and Jane Ainley, and to
Larry Wolff, who have requested that
the easements be released;
And Whereas, the conveyance by
Dubuque Initiatives to Ainleys and to
Wolff is for the benefit of City and is not
a gift;
And Whereas, City has determined
that the easements are no longer
necessary for its purposes.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque,
Iowa, intends to dispose of all its right,
title and interest in the foregoing -
described real property to Ron Ainley
and Jane Ainley, and to Larry Wolff.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be published
as prescribed by lowa Code Section
364.7 of a public hearing on the City's
intent to dispose of its interest in the
above-described real property, to be
held on the 25th day of October, 1999,
at 7:00 o'clock p.m. at Conference
Room B, City Hall, 13th and Central
Avenue, Dubuque, Iowa.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 591-99
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN LOT 2
OF DUBUQUE INDUSTRIAL CENTER
12th ADDITION, IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF.
Whereas, the City of Dubuque, Iowa
(City) in a certain Plat filed as
Instrument No. 4336-82, recorded
August 9, 1982, reserved an 8 -foot
utility easement across property which
is now described as:
Lot 2 of Dubuque Industrial Center
12th Addition, in the City of Dubuque,
Iowa
And Whereas, City has determined
that the easement is no longer
necessary for its purposes.
And Whereas, City wishes to
dispose of and vacate the 8 -foot utility
easement as shown on the attached
Plat.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque,
Iowa, intends to dispose of all its rights,
title and interest in the foregoing -
described real property to Larry Wolff.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be published
as prescribed by Iowa Code Section
364.7 of a public hearing on the City's
intent to dispose of its interest in the
above-described real property, to be
held on the 25th day of October, 1999,
at 7:00 o'clock p.m. at Conference
Room B, City Hall, 13th and Central
Avenue, Dubuque, Iowa.
Passed, approved and adopted this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0. .
City Manager submitting documents
providing for construction of Schmitt
Harbor Project, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 588-99
PRELIMINARY APPROVAL OF
Regular Session, October 18, 1999 457
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Schmitt Harbor
Boat Ramp Project, in the estimated
amount of $103,169.00, are hereby
approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 589-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placedsame on file in the
office of the City Clerk for public
inspection of the Schmitt Harbor Boat
Ramp Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That on the 15th day of November, a
public hearing will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the heating, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 590-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Schmitt Harbor Boat Ramp
Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 3rd day of
November, 1999. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 7:00 p.m. on the 15th day
of November, 1999. ..
Passed, adopted and approved this
18th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
At 8:18 P.M. Voetberg moved to go
into Closed Session In accordance with
Chapter 21.5 1.(c) State Code of Iowa,
1999 as amended, To discuss strategy
with counsel in matters that are
presently in litigation and (c) To discuss
strategy with counsel in matters where
litigation is imminent and its disclosure
would be likely to prejudice or
disadvantage the position of the
governmental body in this litigation and
(j) To discuss the purchase of particular
real estate where premature disclosure
could be reasonably expected to.
increase the price the governmental
body would have to pay for that
property. Seconded by Nicholson.
Motion carried 7-0.
At 9:24 P.M. Council reconvened
Regular Session and stated that Staff
was given proper direction.
There being no further business
Buol moved to adjourn the meeting.
458 Regular Session, October 18, 1999
Seconded by Robbins. Motion carried
7-0. The meeting adjourned at 9:25
P.M.
/s/ Mary A. Davis, CMC
City Clerk
Approved .'Ze%%yxm,-"zS" 1999
Adopted S1R4.4-7p'-4 1999
taZed
7
tt
t4
Attest
City Clerk
Council Members
Special Session, October 25, 1999 459
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
Monday, October 25. 1999
Council Met at 7:00 P.M. Conference
Room 'B' - Second Floor, City Hall
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, City Manager
Michael Van Milligen, Corporation
Counsel Barry Lindahl.
Absent Council Member Voetberg.
Mayor Duggan read the call and
stated that this is a Special Session
called for the purpose to hold Public
Hearings to consider disposing
property in Dubuque Industrial Center
West and to dispose of City's interest
in easements in Dubuque Industrial
Center 12th Addn. and to act upon
such other business which may
properly come before the Council.
Michalski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Nicholson. Motion
carried 6-0.
Proof of Publication certified to by
the Publisher on Notice of Public
Hearing to approve disposal of property
in Dubuque Industrial Center West to
Dubuque Area Industrial Development
Corporation (DAIDC), presented and
read. Michalski moved that the proof
be received and filed. Seconded by
Robbins. Motion carried 6-0.
RESOLUTION NO. 592-99
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1 THRU 4, A,
8, C, AND D OF DUBUQUE
INDUSTRIAL CENTER WEST IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a Final Plat of Lots 1 thru
4, A, B, C and D of Dubuque Industrial
Center West, in the City of Dubuque,
Iowa; and
Whereas, upon said final plat
appears, streets to be known as
Chavanelle Drive (Lot A) and the
easterly half of Seippel Road (Lot B),
together with certain public utility and
sanitary sewer and storm sewer
easements which the owners by said
final plat have dedicated to the public
forever; and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 2 below,
and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it; and
Whereas, the City Council concurs
in the conditions of approval
established by the Zoning Commission
and the City Planner.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Chavanelle Road (Lot A) and the
easterly half of Seippel Road (Lot 8),
together with easements for public
utilities, sanitary sewer, storm sewer
and water mains as they appear upon
said final plat, be and the same are
hereby accepted; and
Section 2. That the final plat of Lots
1 thru 4, A, B, C and D of Dubuque
Industrial Center West is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat.
Section 3. Sidewalk installation shall
be the responsibility of the owner of
the property abutting the public rights-
of-way, including lots with multiple
frontages, as required by City Code 41-
161 through 41-164. No sidewalks
shall be required along Seippel Road.
The responsibility shall extend to all
successors, heirs and assignees.
Sidewalk installation will not be
required until the development of the
lot has been completed, except as
required herein. Sidewalks shall be
five (5) feet in width and installed one
(1) foot from the property line. All
vacant lots shall have sidewalks
installed upon development of 80% of
the developable lots approved by the
final plat.
Section 4. That the final acceptance
of all public improvements shall occur
upon certification of the City Engineer
that all public improvements have been
completed in accordance with the
improvement plans and City standard
specifications.
Passed, approved and adopted this
25th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
460 Special Session, October 25, 1999
ACCEPTANCE OF
RESOLUTION NO. 592-99
I, the undersigned, Terrance M.
Duggan, Mayor, City of Dubuque,
having read the terms and conditions of
the Resolution No. 592-99, and being
familiar with the conditions thereof,
hereby accept the same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this
25th day of October, 1999.
By: Is/ Terrance M. Duggan, Mayor
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
City Manager recommending
approval of Covenants for the Dubuque
Industrial Center West and authorizing
Mayor to execute, presented and read.
Michalski moved that the
communication be received and filed
and approved recommendation.
Seconded by Robbins. Motion carried
6-0.
City Manager recommending
approval of Development Agreement
between City and Dubuque Area
Industrial Development Corporation
and disposal of property to DAIDC,
presented and read. Michalski moved
that the communication be received
and filed and approved
recommendation. Seconded by
Robbins. Motion carried 6-0.
City Clerk advising no competitive
proposals had been received by 10:00
AM. on October 25, 1999 for purchase
of land, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 6-0.
RESOLUTION NO. 593-99
A RESOLUTION DETERMINING
THAT THE PROPOSAL OF THE
DUBUQUE AREA INDUSTRIAL
DEVELOPMENT CORPORATION 15
IN COMPLIANCE WITH THE TERMS
OF OFFERING FOR DISPOSITION OF
LOT 1 DUBUQUE INDUSTRIAL
CENTER WEST, IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY,
IOWA.
Whereas, this Council, by Resolution
No. 531- 99 dated September 20,
1999, nominated the City Clerk as
agent of the City of Dubuque, Iowa, to
receive and open on October 25, 1999,
at 10:00 a.m. proposals in competition
to the proposal of the Dubuque Area
Industrial Development Corporation
(DAIDC), referred to in said resolution
for the sale of Lot 1 Dubuque Industrial
Center West for development only in
accordance with the terms and
conditions set forth in said resolution;
and
Whereas, the City Clerk has
reported to this Council that no
qualified, competing proposal was
submitted.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the report of the City
Clerk that no qualified competing
proposal was submitted by 10:00 a.m.
on October 25, 1999, for the
development of Lot 1 Dubuque
Industrial Center West be received,
filed and adopted.
Section 2. That it is hereby
determined that the proposal of DAIDC
for development of said property is the
only proposal which satisfies the terms
and conditions of the offering set forth
in Resolution No. 531-99 adopted by
this Council on September 20, 1999.
Passed, approved and adopted this
25th day of October, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
RESOLUTION NO. 594-99
RESOLUTION ACCEPTING THE
PROPOSAL FOR SALE AND
PRIVATE DEVELOPMENT OF LOT 1
DUBUQUE INDUSTRIAL CENTER
WEST IN THE CITY OF DUBUQUE,
IOWA, APPROVING AGREEMENT
FOR SAME, AND AUTHORIZING
ACTIONS TO IMPLEMENT SAID
AGREEMENT INCLUDING
EXECUTION AND DELIVERY OF
DEED.
Whereas, this Council, by Resolution
No. 531-99 dated September 20, 1999:
1. Adopted terms and conditions for
offering for sale Lot 1 Dubuque
Industrial Center West in the City of
Dubuque, Iowa, for sale and private
development;
2. Determined that the proposal
submitted by the Dubuque Area
Industrial Development Corporation
(DAIDC) satisfies the requirements of
said offering;
3. Declared its intent to accept the
DAIDC proposal and to enter into a
Development Agreement by and
between the City of Dubuque and
DAIDC in the event no other qualified
•
•
•
Special Session, October 25,.'1999 461
proposals were timely_ submitted for
development of said property, and
4. Invited competing proposals which
met the terms and conditions of said
offering to be submitted to the City
Clerk on or before 10:00 a.m., October
25, 1999; and;
Whereas, on September 24, 1999,
the text of said Resolution was
published as the official notice of this
offering and of the intent of the City of
Dubuque, Iowa, in the event no other
qualified proposals were timely
submitted, to enter into a Development
Agreement by and between the City of
Dubuque and DAIDC; and
Whereas, by separate Resolution of
this date, this Council has received and
approved as its own the report of the
City Clerk that no other qualified
proposal was received; and
Whereas, it is the determination of
this Council that acceptance of the
proposal and sale to and development
of the disposition parcel by DAIDC,
according to the terms and conditions
set out in the attached is in the public
interest of the citizens of the City, and
is consistent with the City's,. Urban
Renewal Plan for the Dubuque
Industrial Center Economic
Development District
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the attached
Development Agreement by and
between the City of Dubuque and
DAIDC is in the public interest of the
citizens of the City of Dubuque and in
furtherance of the City's Urban
Renewal Plan, and is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute said
Agreement on behalf of the City and
the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the Mayor and City
Clerk are hereby authorized and
directed to execute a Special Warranty
Deed for said property on behalf of the
City of Dubuque as provided in said
Agreement.
Section 4. That the City Manager is
authorized to take such actions as are
necessary to comply with the terms of
the Agreement as herein approved,
including the delivery of the Special
Warranty Deed.
Passed, approved and adopted this
25th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
Proof of Publication certified to by
the Publisher on Notice of Public
Hearing to dispose of City's interest in
easements in Dubuque Industrial
Center 12th Addition, presented and
read. Robbins moved that the proof be
received and filed. Seconded by
Nicholson. Motion carried 6-0. -
RESOLUTION NO. 595-99
RESOLUTION DISPOSING OF AN
INTEREST IN LOT 1 AND LOT 2 OF
DUBUQUE INDUSTRIAL CENTER
12th ADDITION, IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF.
Whereas, the City of Dubuque, Iowa
(City) in its quit Claim Deed to
Dubuque Initiatives, f/k/a Dubuque -In -
Futuro, dated September 2, 1981 and
filed for record in the Dubuque County
Recorder's Office on September 25,
1981, as Instrument No. 5801-81,
reserved certain easements in the
following described real property.
Lot 1 and Lot 2 - of Dubuque
Industrial Center 12th. Addition, in the
City of Dubuque, Iowa, according to the
recorded plat thereof.
And Whereas, Dubuque -In -Futuro,
now Dubuque Iitiatives, now desires
to convey the above-described property
to Ron Ainley and Jane Ainley, and to
Larry Wolff, who have requested that
the easements be released;
And Whereas, the conveyance by
Dubuque Initiatives to Ainleys and to
Wolff is for the benefit of City and is not
a gift
And Whereas, City has determined
that the easements are no longer
necessary for its purposes.
And Whereas, on October 25, 1999,
the City Council pursuant to notice
published as required by law held a
public hearing on its intent to dispose
of the foregoing interest in real property
and overruled all objections thereto;
And Whereas, the City Council finds
that it is in the best interest of the City
to approve the disposition of such real
property.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The Mayor is hereby
authorized and directed to execute the
Quit Claim Deeds attached hereto
disposing of all of the City's right, title
and interest in the foregoing -described
real property to Ron Ainley and Jane
Ainley, and to Larry Wolff.
Section 2. The City Clerk is hereby
462 Special Session, October 25, 1999
authorized and directed to cause this
Resolution to be recorded with the
Dubuque County Recorder.
Passed, approved and adopted this
25th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 596-99
RESOLUTION DISPOSING OF AN
INTEREST IN LOT 2 OF DUBUQUE
INDUSTRIAL CENTER 12th
ADDITION, IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF.
Whereas, the City of Dubuque, Iowa
(City) in a certain Plat filed as
Instrument No. 4336-82, recorded
August 9, 1982, reserved and 8 -foot
utility easement across property which
is now described as:
Lot 2 of Dubuque Industrial Center
12th Addition, in the City of Dubuque,
Iowa
And Whereas, City has determined
that the easement is no longer
necessary for its purposes.
And Whereas, City wishes to
dispose of and vacate the 8 -foot utility
easement as shown on the attached
Plat
And Whereas, City has determined
that the easements are no longer
necessary for its purposes.
And Whereas, on October25, 1999,
the City Council pursuant to notice
published as required by law held a
public hearing on its intent to dispose
of the foregoing interest in real property
and overruled all objections thereto;
And Whereas, the City Council finds
that it is in the best interest of the City
to approve the disposition of such real
property.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The Mayor is hereby
authorized and directed to execute the
Quit Claim Deeds attached hereto
disposing of all the City's right, title and
interest in the foregoing -described real
property to Larry Wolff.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution to be recorded with the
Dubuque County Recorder.
Passed, approved and adopted this
25th day of October, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Review of the City Clerk applications
and determine process for interviews.
Upon consensus it was decided to
interview selected six candidates on
Nov. 13th.
City Manager recommending the
naming of Dubuque Industrial Center
West Public Open Space Area as John
G. Bergfeld Recreation Area,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Robbins. Motion carried
6-0. •
City Manager advising no bids were
received on submitting documents
providing for Demolition of Building at
351 Iowa Street, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6=0..
RESOLUTION NO. 597-99
REORDERING BIDS FOR THE
DEMOLITION OF 351 IOWA STREET
AND RESETTING A : PUBLIC
HEARING THEREON
Whereas, Resolution No. 562-99
adopted on October 4, 1999, provided
for preliminary approval for the
proposed plans, specifications, form of
contract and estimated cost for the
demolition of 351 Iowa Street (the
Project);
And Whereas, Resolution No. 564-
99 directed the City Clerk to advertise
for bids for the Project
And Whereas, Resolution No. 563-
99 set a Public Hearing thereon for the
1st day of November, 1999;
And Whereas, no bids were received
for the Project;
And Whereas, the City Council has
determined that bids should be
readvertised and a new public hearing
set thereon.
NOW THEREFORE, be it resolved
as follows:
1. That the City Clerk is hereby
directed to readvertise for bids for the
purchase of materials herein provided,
to be published in a newspaper having
general circulation the City of Dubuque,
Iowa which notice shall not be less
than four days nor more than forty-five
days prior to the receipt of said bids at
2:00 p.m. on the 9th day of November,
1999. Bids shall be opened and read
by the City Clerk at said time and will
Special Session, October 25, 1,999
be submitted to the Council for final
action at 7:00 p.m. on the 15th day of
November, 1999.
2. That on the 15th day of
November, 1999, a public hearing will
be held at 7:00 p.m. in the Public
Library Auditorium, at which interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such hearing to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall be not less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
hearing, any interested person may
appear and file objections to the
proposed plans, specifications,
contract, or estimated cost of the
improvement.
3. The provision of Resolution No.
563-99 set a public hearing for
November 1, 1999, is hereby
rescinded.
Passed, approved and adopted this
25th day of October, 1999.
Terrance M. Duggan, Mayor
Attest Mary A Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
There being no further business,
Robbins moved to adjourn the meeting.
Seconded by Michalski. Motion carried
6-0. The meeting adjourned at 7:50
P.M.
/s/ Mary A. Davis CMC
City Clerk
Approved
Adopted
463
1999
Attest:
City Clerk