2001 June Council Proceedings
Regular Session, June 4, 2001 .
received and flied and concurred. Seconded by
Markham. Motion carried 7-0.
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
. ,
City Council, Regular Session, June 4, 2001
Council Met in Regular Session at 6:30 P.M. In
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
the regular session of the City Council called .for
the purpose of acting upon such bUSiness which
may properly come before the City Council.
Invocation was given by Reverend George
Bauman, Pastor, Holy Trinity Lutheran Church.
.
Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation,
gave a verbal progress report.
David Rusk, Chairperson of the Downtown
Planning Committee, spoke giving an update on
the Committee's efforts and upcoming events for
a downtown visioning process.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
5/21; Five Flags Commission of 5/21; Historic
Preservation Commission of 4/19 and 5/17;
Housing Commission of 5/1; Human Rights
Commission of 4/9; Transit Board of 5110,
presented and read. Michalski moved that the
minutes be received and filed. Seconded by
Nicholson. Motion carried 7-0.
Notice of Clalms/Suits: Zachary S. Breitbach in
estimated amount of $370 for vehicle damage;
Scott Lovett in estimated amount of $3,057.29
for vehicle damage; Robert Mcintyre in
estimated amount of $2,425.18 for vehicie
damage; Chad Weydert in estimated amount of
$250 for vehicle damage, presented and read.
Buol moved that the claims and suits be
received and flied and referred to the legal staff
for investigation and report. Seconded by
Markham. Motion carried 7.0.
.
Corporation Counsel advising that the
following ciaims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Amber
Kallenberger for personal injury; Robert Mcintyre
for motorcycle damage, presented and read.
Buot moved that the communications be
175
Corporation Counsel advising that the claim of
Fieidon Atchison for grass replacement has
been settled, presented and read. Buol moved
that the communication be received and filed
and concurred. Seconded by Markham. Motion
carried 7-0.
Citizen Communication: Communication from
David W. Lelfker to the Iowa Department of
Transportation regarding the dangerous
designlcondition of Highway 20 West between
the Northwest Arterial and Old Highway 20
intersections, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Starlight Drive and Lake Ridge Drive - Site
Plan: Zoning Advisory Commission advising of
their approval of the site plan for a new medical
office building on the southeast corner of
Starlight Drive and Lake Ridge Drive in Hansel's
Planned Commercial District, presented and
read. Buol moved that the communication be
received and flied. Seconded by Markham.
Motion carried 7-0.
Brewery Acquisition and Rehabilitation Project
Combined Notice: City Manager
recommending approval of publication of a
combined notice of no significant Impact on the
environment and notice of intent to request
release of funds for the Brewery Acquisition and
Rehabilitation Project, presented and read. Buol
moved that the communication be received and
flied. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 230-01
A RESOLUTION AUTHORIZING PUBLICA-
TION OF A COMBINED NOTICE OF FINDING
OF NO SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR THE
BREWERY ACQUISITION AND REHABILITA-
TION PROJECT
Whereas, the City of Dubuque entered into a
Grant Agreement for the Fiscal Year
commencing July 1, 2000, with the U.S.
Department of Housing and Urban
Development, providing for financial assistance
to the City under Title I of the Housing and
Community Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
the Brewery Acquisition and Rehabiiitation
project; and
176
Regular Session, June 4, 2001
Whereas, based on said environmental review,
the Department of Housing and Community
Development has determined that said project
will have no significant impact on the
environment; and '!
Whereas, a combined notice of "Finding of No
Significant Impact on the Environment" and of
"Intent to Request Release of Funds" for said
project will be sent by reguiar mail to various
federal, state and locai public agencies; to the
appropriate Regional Office of the
Environmental Protection Agency, to the HUD
Area Office and to the local news media,
individuals and groups known to be interested
and believed to be appropriate to receive such a
notice; and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combined
Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request
Release of Funds for the Brewery Acquisition
and Rehabilitation project and to make the
Environmental Review Record for said project
available for public inspection and comment until
5:00 p.m. on June 22, 2001. Such notice shall
be in the form of Exhibit "A" attached hereto and
made a part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Office of the City Clerk and the Housing and
Community Development office where said
record may be examined and copied by any
interested party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
publication of appropriate notice a Request for
Reiease of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Deveiopment
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to
environmental review, decision making and
action.
Section 6. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Markham. Motion carried 7-0.
County of Dubuque Application for
Enterprise Zone Designation: City Manager
recommending that the City support the
County's application to the Iowa Department of
Economic Development for an Enterprise Zone
in Dubuque County which would include the
Dubuque Technology Park and the Dubuque
Regional Airport, presented and read. Buoi
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 231-01
RESOLUTION OF SUPPORT FOR DUBUQUE
COUNTY'S APPLICATION TO THE IOWA
DEPARTMENT OF ECONOMIC DEVELOP-
MENT REQUESTING CERTIFICATION OF AN
ENTERPRISE ZONE IN DUBUQUE COUNTY,
Whereas, Dubuque County (the "County")
seeks to have a portion of the county certified as
an Enterprise Zone; and
Whereas, portions of the zone would include
property iocated within the corporate iimits of the
City of Dubuque (the "City") and the Dubuque
Regional Airport; and
Whereas, the benefits of Enterprise Zone
designation will encourage new industrial
development opportunities in the City; and
Whereas, the City wishes to support the
County's application to the Iowa Department of
Economic Development for Enterprise Zone
designation in Dubuque County.
NOW. THEREFORE, BE IT ORDAINED BY
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Dubuque City Council
supports the County's application for Enterprise
Zone designation of a portion of Dubuque
County, including the Dubuque Technology Park
and the Dubuque Regional Airport.
Section 2. That the City Clerk is authorized to
forward a copy of this resolution to the Dubuque
County Board of Supervisors for submission with
their application for Enterprise Zone designation.
PASSED, APPROVED and ADOPTED this 4th
day of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Regular Session, June 4, 2001
177
.
2000 PC Concrete Paving Project - No. 2
(Burden Street and North Burden Street): City
Manager recommending approval of the Final
Assessment Schedule for the 2000 PC Concrete
Paving Project - No, f (Burden Street and North
Burden Street), presEirited and read. Buol moved
that the communication be received and fiied.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 232-01
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE 2000 PC
CONCRETE PAVING PROJECT - NO. 2
(BURDEN STREET AND NORTH BURDEN
STREET) INCLUDING CERTAIN INFORMA-
TION REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH ASSESS-
MENTS ARE DIVIDED, THE INTEREST ON
ALL UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO CERTIFY
THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the 2000 PC
Concrete Paving Project - No.2 (Burden Street
and North Burden Street) under contract with
Tschiggfrie Excavating of Dubuque, Iowa, which
final plat and schedule were filed in the office of
the City Clerk on the 30" day of May 2001, the
said schedule of assessments be and the same
is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conterred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and Is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On Of belore the date
of the second pUblication of the notice, the City
Clerk shall also mail a copy 01 said notice to
.
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after the
date of the first publication of this notice of the
filing of the final schedule of assessments with
the County Treasurer. After 30 days unpaid
assessments of $50.00 or more are payabie in
10 annual installments and will draw annuat
interest at nine percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment will
be delinquent from October 1 following its due
date on July 1 of each year. Property owners
may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 41h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
BURDEN STREET
(Windsor Ave. TO N. Burden)
and N. BURDEN
(Burden St. to End)
FINAL SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS
VALUATION WITH IMPROVEMENT - NET
PAVING ASSESSMENT SIDEWALK
ASSESSMENT - DEFICIENCY ASSESSMENT
GROSS ASSESSMENT - WATER SERVICE
ASSESSMENT - TOTAL NET ASSESSMENT
Linwood-Burden Ave. Place
"Ludwig, Daniel' 1-1-1-2.1 "$60,119.34"
"$1,912.17" $0.00 $0.00 "$1,912.17"
$620.32 " $2,532.49'
"Hingtgen, Eugene J. III & Kelly S." 2-1-2-1
"$66,568.10" $548.10 $0.00 $0.00
$548.10 $0.00 $548.10
"Schulze, Fred & Eileen" 2-2-1 "$64,357.81"
"$1,507.81" $0.00 $0.00 "$1,507.81"
$582.96 " $2,090.77"
"Welter, Harold B & Belly L.'1-2-1-1
"$80,475.20" "$1,715.20" $0.00 $0.00
"$1,715.20" $582.96" $2,298.16'
"Waller, Drew D. & Wielage, Susan M." 2-2-1-1
"$63,849.03" "$1,539.03" $0.00 $0.00
"$1,539.03" $0.00 "$1,539.03"
'Dubler, Lesiie C. & Pauline" 1.1-1-1
"$67,558.08' "$1,628.08" $0.00 $0.00
"$1,628.08" $564.29 " $2,192.37'
"Kruser, Douglas J. & Sheila M."2-H-1
"$61,000.75" "$1,660.75" $0.00 $0.00
"$1,660.75" $0.00 '$1,660.75"
Burden & Lawther Addition
"Thill, Gregory J. & Angela A." 73
"$69,337.86" "$1,717.86" $0.00 $0.00
"$1,717.86" $0.00 "$1,717.86'
178
Regular Session, June 4, 2001
"Thill, Gregory, J & Angela A..2-74................ Wn3
'Carter, Kristine Elaine Jellison" 1-74
'$10,938.14' "$1,128.14' $0.00 $0.00
'$1,128.14" $349.16' $1,477.29"
"Carter, Kristine Elaine Jellison" .75
'$59,942.11" "$1,242.11" $0.00 $0.00
'$1,242.11' $620.32 "$1,862.43"
"Kieffer, Kraig' 76 '$84,327.59' '$1,227.59'
$0.00 $0.00 '$1,227.59" $0.00 '$1,227.59"
'Weis, William E. & Barbara J." 77
'$46,687.35" "$1,197.35' $0,00 $0,00
"$1,197.35' $601.64 "$1,798.99'
"Helbing, Ronald J'138 '$56,861.53"
"$1,131,53' $0.00 $0.00 '$1,131.53" $0.00
"$1,131.53"
"Schwartz, Frank J & Jeanette" 139
"$64,717.99" '$1,177.99' $0.00 $0.00
"$1,177.99" $975.22 "$2,153.21"
'Selle, Donna J" 140 "$53,145,97"
"$1,155.97' $0.00 $0.00 "$1,155.97"
$975.22 "$2,131.19'
'Schlegel, Joseph A. & Laura L." 141
"$60,973.95' "$1,133.95" $0.00 $0,00
'$1,133.95' $975.22 "$2,109.17"
"Horaney, Nicholas A & Angela L." 142
"$67,019.02' "$1,109.02' $0.00 $0.00
"$1,109.02' $993.90 "$2,102.92"
"Norton, Patrick J" 143 '$58,893.85"
"$1,083.85' $0.00 $0.00 '$1,083.85"
'$1,124.65' "$2,208.50"
"Anderson, Christian III & Sandra L." 144
'$56,765.95' "$1,095.95" $0.00 $0.00
'$1,095.95' $956.54 "$2,052.49"
City of Dubuque"1-1-3, 11,12,13 NE1-4-Sec. 13
- T89N-R2E' "$37,872.28' "$7,872.28" $0.00
$0.00 "$7,872.28' "$1,636.17" "$9,508.45'
'Rohr, Owen 0 & Cheryl R' 78 "$65,889.93"
'$1,209.93' $0.00 $0.00 '$1,209.93' $0.00
"$1,209.93"
'Saeugllng, Selma R." 79 '$42,269.93"
"$1,209.93' $0.00 $0.00 "$1,209.93" $0.00
"$1,209.93"
"Saeugling, Selma R." 80 "$7,409.93'
"$1,209,93" $0.00 $0.00 "$1,209.93"
$349,16 '$1,559.08"
"Wickre, Julian S. & Eleanor V" 81
"$67,899.93' '$1 :209.93' $0.00 $0.00
'$1,209.93" $0.00 '$1,209.93"
"Williams, John C & Jacqueline" 82
"$66,399.93" '$1,209.93' $0.00 $0.00
"$1,209.93" $582.96 "$1,792.89'
"Kaune. Peggy y L" 83 "$70,589.93"
"$1,209.93' $0.00 $0.00 "$1,209.93"
$620.32 '$1,830.25"
"Curler, Donald E. & Karen M." 84
'$66,549.93' "$1,209.93" $0.00 $0.00
"$1,209.93' $601,64 "$1,811.57"
"Stonehocker, Roger G & Jennifer L." 85
"$6,659.93" "$1,209.93' $0.00 $0.00
"$1,209.93' $349.16' $1,559.08"
"Stonehocker, Roger G & Jennifer L." 86
"$35,569.93' "$1,209.93" $0.00 $0.00
"$1,209.93' $620,32 '$1,830.25"
"Bentz, Martin J. & Barbara" 87 "$56,509.93"
'$1,209.93" $0.00 $0.00 "$1,209.93'
$620.32 '$1,830.25'
'Haas, Thomas E." 88 '$66,939.93'
"$1,209.93" $0.00 $0.00
"$1,209.93" $0.00
'Kuehn, Alwin G. & Velma C." 89
"$75,169,93""$1,209.93" $0.00 $0.00
'$1,209.93'$582.96 '$1,792.89'
'Duggan, Tracy L & Bechen, James M" 90
"$54,989.93" "$1,209.93' $0,00 $0.00
"$1,209.93' $0.00 "$1,209.93"
'Spielman, Charles J & Helen A (UND1-2 INT)
Spielman, Craig E."91 "$80,629.93"
"$1,209.93' $0.00 $0.00 "$1,209.93'
$582.96 "$1,792.89'
"Frye, George R. & Joan' 92 "$65,067.34"
"$1,567.34" $0.00 $0.00 "$1,567.34"
$562.96 '$2,150.30'
"Berger, Anna E." 121 "$57,908.91'
"$1,368.91" $0.00 $0.00 "$1,368.91" $0.00
"$1,368.91 "
"Katz, Celester J." 122 "$72,024.89'
"$1,814.89" $0.00 $0.00 '$1,814.89" $0.00
'$1,814.89'
w/122
"$1,209.93"
"Katz, CelesterJ." N1/2-123
'Willey, Rick L & Pamela J" S1/2-123
'$60,760.00" $604.96 $0.00 $0.00 $604.96
$956.54 "$1,561.50'
"Kenniker, Richard W. & Judith A." N.47'-124
'$61,828.40" "$1,137.33' $0.00 $0.00
'$1,137.33" $937.86 "$2,075.19"
"Clark, Richard C." S.3'-124 '$55,291.60'
'$1.282.52" $0.00 $0.00 "$1,282.52'
$956.54 '$2,239.06'
'Clark, Richard C." 125 wi S. 3' -124
'Lewis, Marjorie C Rentals' 126 '$53,289.93'
"$1,209.93" $0.00 $0.00 "$1,209.93"
$937.86 '$2,147.79'
'Buelow, Thomas J" 127 '$76,029.93"
'$1,209.93" $0.00 $0.00 "$1,209.93'
$956.54 "$2,166.47'
'Besler, Craig A & Karla A"128 "$75,909.93'
'$1,209.93" $0.00 $0.00 "$1,209.93' $0.00
'$1,209.93'
'Motsch, Eugene A & Ruth I CONT. Maisch,
Debra E." 129 "$69,369.93" "$1,209.93'
$0.00 $0.00 "$1,209,93" $0.00 '$1,209.93"
"Buse, David T & Jennifer" 130 '$68.179.93'
'$1,209.93" $0.00 $0.00 '$1,209.93' $0.00
'$1,209.93'
'Saeugling, Selma" 131 '$45,369.93'
"$1,209,93" $0.00 $0.00 '$1,209,93"
$937.86 '$2,147.79"
"Blocklinger, Kevin M Sr & Kimberly A" 132
"$55,750.00" "$1,209.93' $0.00 $0.00
"$1,209.93" $993.90 '$2,203.83'
"Brotzman, Leslie J. & Amy J." 133
"$41,959.93" "$1,209.93" $0.00 $0.00
"$1,209.93" $975.22 "$2,185.15'
Regular Session, June 4, 2001
179
.
"Reisen, Charles & Linda" 134 '$79,339.93"
'$1,209.93' $0.00 $0.00 "$1,209.93"
$975.22 "$2,185.15'
"Bender, Kris A. & Stephen F."134
"$40,149.93" '$1,209.93" $0.00 $0.00
"$1,209.93" $900'51 "$2,110.44"
'Barnes, Susan M & Wasmundt, Mara C" 136
"$58,019.93" "$1,209.93' $0.00 $0.00
"$1,209.93' $975.22 "$2,185.15"
'Krieg, Pamela M' 137 "$70,859.93"
"$1,209.93" $0.00 $0.00 "$1,209.93"
$975.22 "$2,185.15"
'Nauman, Russel D & Diane J" 111
"$69,770.65' $40.65$0.00 $0.00 $40.65
$0.00 $40.65
"Pfohl, Joseph A & Judith A" 112
'$48,898.00" $98.00 $0.00 $0.00 $98.00
$0.00 $98.00
'Maiden, Patrick J" 113 "$39,739.39' $169.39
$0.00 $0.00 $169.39 $0.00 $169.39
"Kohn, Delbert W. & Virginia N' 114
"$85,282.98" $362.98 $0.00 $0.00
$362.98 $0.00 $362.98
'Bendel, Carole Rose" 115 "$60,135.46"
$665.46 $0.00 $0.00 $665.46 $0.00
$665.46
'Gerner, Marcellus & Viola" 116 "$57,904.40'
"$1,754.40' $0.00 $0.00 '$1,754.40'
$639.00 '$2,393.40"
'Munson, Brian K & Barbara G" 118
'$68,304.40" '$1,754.40' $0.00 $0.00
"$1,754.40" $0.00 "$1,754.40"
'Delaney, Jean M." 119 "$74,135.46"
$665.46 $0.00$0.00 $665.46 $0.00 $665.46
'Gooch, Robert P & Barbara A" 120
'$76,722.98" $362.98 $0.00 $0.00
$362.98 $0.00 $362.98
'Robbins, JefferyW & Rath, Tammy M." 1-1-
145 '$63,789.39' $169.39 $0.00 $0.00
$169.39 $0.00 $169.39
'Crimmins, Charles & Patricia M" 2-1-145
'$94,838.00" $98.00 $0.00 $0.00 $98.00
$0.00 $98.00
'West, Malia M'3-1-145 "$63,517.44" $77.44
$0.00 $0.00 $77.44$0.00 $77.44
O'Neills Riverview
'Hammerhand, Paul J' 11 '$4,764.10" $25.89
$0.00 $0.00 $25.89$0.00 $25.89
"Vogt, Kristine L" 12 "$66,668.00" $98.00
$0.00 $0.00 $98.00$0.00 $98.00
'Francois, Daniel J & Sally A" 13 '$70,229.39'
$169.39 $0.00 $0.00 $169.39 $0.00
$169.39
"Cummings, Ralph E & Donna J" 14
'$58,312.98' $362.98 $0.00 $0.00
$362.98 $0.00 $362.98
"Goodendorf, Lloyd F & Laura L" 15
"$57,285.46" $665.46 $0.00 $0.00
$665.46 $0.00 $665.46
'Zimmer, Harold N. & Hazel" 16 "$69,534.40"
'$1,754.40" $0.00 $0.00 "$1,754.40" $0.00
'$1,754.40"
.
.
"Weitz, Aloysius L & Mary C'17 "$62,414.40'
"$1,754.40" $0.00 $0.00 '$1,754.40"
$956.54 '$2,710.94'
"Kelly, Cledis C' 18 '$61,405.46" $665.46
$0.00 $0.00 $665.46 $0.00 $665.46
"Koehler, Mark W & Penny A." 1 9
"$79,462.98"$362.98 $0.00 $0.00
$362.98$0.00 $362.98
'Mayerle, Kenneth & Marie" 20 "$68,829.39"
$169.39 $0.00 $0.00 $169.39 $0.00
$169.39
"Mohr, RitaJ" 21 "$71,718.00" $98.00
$0.00 $0.00 $98.00$0.00 $98.00
'Firzlaff, Janice M: 22 "$52,667.44" $77.44
$0.00 $0.00 $77.44$0.00 $77.44
"Welu, Irene M" 33 "$5,527.44' $77.44
$0.00 $0.00 $77.44$0.00 $77.44
"Duggan, Jean A & Michael W" 34
"$111,158.00'$98.00$0.00 $0.00
$98.00 $0.00 $98.00
'Hanson, Robert L & Shirley M." 35
"$66,819.39" $169.39 $0.00 $0.00
$169.39 $0.00 $169.39
"Arensdorf, Ginger M" 36 "$66,982.98"
$362.98 $0.00 $0.00 $362.98 $0.00
$362.98
"Stoffel, William L & Joyce A' 37 '$62,725.46"
$665.46 $0.00 $0.00 $665.46 $0.00
$665.46
"Douglass, Eugene L & Margaret M" 38
"$70,514.40' "$1,754.40" $0.00 $0.00
"$1,754.40" $0.00 "$1,754.40"
"Dubler, Linda K" 39 "$83,894.40"
"$1,754.40' $0.00$0.00 "$1,754.40'
$0.00 "$1,754.40"
"Scherf, Thomas J & Briden, J'nean E" 40
"$80,245.46" $665.46 $0.00 $0.00
$665.46 $0.00 $665.46
"Fulton, Bertrandine V' 41 "$65,432.98"
$362.98 $0.00 $0.00 $362.98 $0.00
$362.98
'Hogan, Deborah A" 42 "$78,439.39'
$169.39 $0.00 $0.00 $169.39 $0.00 $169.39
"Reiter, Merlin J & Janann E: 43 '$5,968.00"
$98.00$0.00 $0.00 $98.00$0.00 $98.00
"Reiter, Meriin J & Janann E: 44 "$58,515.89"
$25.89$0.00 $0.00 $25.89$0.00 $25.89
"Markus, Benjamin J Jr. & Mary Jane'55
"$58,516.86" $26.86$0.00 $0.00 $26.86
$0.00 $26.86
'Cliff, Eugene H & Deanna 1"56 "$73,074.51"
$101.88 $0.00 $0.00 $101.88 $0.00
$101.88
"Ehiers, David G. & Margaret M." 57
'$64,256.17' $176.17 $0.00 $0.00
$176.17 $0.00 176.17
"Daughetee, Thomas A & Mary G" 58
"$73,577.50" $377.50 $0.00 $0.00
$377.50 $0.00 $377.50
"Harrington, Donald D & Karen J" 59
"$104,576.65" "$2,516.65" $0.00 $0.00
"$2,516.65" $0.00 "$2,516.65"
180
Regular Session, June 4, 2001
"Harrington, Donald 0 & Karen J" 60 w/59
"Gates, Stephen J & Juanita E." 1-61
"$56,278.33" "$1,258.33" $0.00 $0.00
"$1,258.33" $937.86 "$2,196.19"
"O'Brian, Thomas L & Doris l" 2,61
"$80,348.33" "$1,258.33" $0.00 $0.00
"$1,258.33" $0.00 "$1,258.33"
"Gates, Stephen J & Juanita E." 1-62 w/1-61
"O'Brian, Thomas L & Doris L" 2-62 w/2-81
"Meyer, James Alan & Carol Ann" 63
"$78,097.50" $377.50 $0.00 $0.00
$377.50 $0.00 $377.50
"Connors, Thomas J & Joyce E" 64
"$83,556.17" $176.17 $0.00 $0.00
$176.17 $0.00 $176.17
"O'Brian, Daniel S & Connie L"65 "$82,671.88"
$101.88 $0.00 $0.00 $101.88 $0.00
$101.88
"Charley, Jason J." 66 "$69,660.30"
$80.34 $0.00 $0.00 $80.34$0.00 $80.34
"Besler, David R."l-77 "$70,347.43"
$47.43 $0.00 $0.00 $47.43$0.00 $47.43
"Vandenberg, Harry F & Geraldine" 2-77
"$74,381.07" $111.07 $0.00 $0.00
$111.07 $0.00 $111.07
"Vandenberg, Harry F & Geraldine" 1-78 w/2-77
"Prine, Robert L & Patricia A" 2-78
"$88,316.33" $186.33 $0.00 $0.00
$186.33 $0.00 $186.33
"Prine, Robert L & Patricia A" 1-79 w/2-78
"Howes, Bruce R & Bonnie J" 2-79
"$62,353.64" $433.64 $0.00 $0.00
433.64$0.00 $433.64
"Howes, Bruce R & Bonnie J" 80 WI2-79
"Schroeder, Paul & Virginia" 1-81
"$71,171.91""$1,451.91"$0.00 $0.00
"$1,451.91" $0.00 "$1,451.91"
"Schmitz, Todd H" 2-81 "$64,379.93"
"$1,209.93" $0.00 $0.00 "$1,209.93"
$0.00 . "$1,209.93"
"Schroeder, Paul & Virginia" 1-82 W/1-81
"Schmitz, Todd H" 2-82 W/2-81
"Kitch, Jan L & Kathleen A" 83
"$81,349.84" "$1,929.84"$0.00
$0.00 "$1,929.84" $0.00 "$1,929.84"
"Leik, Donald W Jr & Lisa J" 84
"$66,632.80" $732.01 $0.00 $0.00
$732.01 $0.00 $732.01
"Dennis, Loretta" 85 "$57,819.28" $399.28
$0.00 $0.00 $399.28 $0.00 $399.28
"Udelhofen, Gail H." 86 "$52,736.33"
$186.33 $0.00 $0.00 $186.33 $0.00 $186.33
"Burrows, Lewis L & Joan P" 87 "$52,467.68"
$107.68 $0.00 $0.00 $107.68 $0.00
$107.68
"Siegworth, Thomas R & Nina L" 88
"$65,348.55" $28.55$0.00 $0.00
$28.55 $0.00 $28.55
"Meyer, William J & Lynn E" 99 "$13,858.55"
$28.55$0.00 $0.00 $28.55$0.00 $28.55
"Gaul, Thomas L & Catherine T" 1 00
"$72,939.55" $149.55 $0.00 $0.00
$149.55 $0.00 $149.55
"Gaul, Thomas L & Catherine T
" E.15'-E.1/2-101 w/l00
"Me Caffery, Timothy J & Amy M"
W.l0'-El/2-101 "$85,557.03" $467.03
$0.00 $0.00 $467.03$0.00 $467.03
"Me Caffery, TimothyJ & Amy M" Wl/2-101
w/003
"Me Caffery, Timothy J & Amy M" 102
-Except-W.7' w/003
"Bisping, Ann L"W.7'-102"$43,898.72"
$808.72 $0.00$0.00 $808.72 $0.00 $808.72
"Bisping, Ann L"103 wlW.7'-102
"Bisping, Ann L"104 "$11,818.57"
"$1,929.84" $858.74 $0.00
"$2,788.57" $0.00 "$2,788.57"
"Mueller, Terrance J & Mary M" 105
"$47,827.45" "$2,118.59" $808.86
$0.00 "$2,927.45"$0.00 "$2,927.45"
"Husemann, Cheryl F" 106 "$65,986.74"
"$2,566.74" $0.00 $0.00 "$2,566.74" .
$0.00 "$2,566.74"
"Husemann, Cheryl F" 107 w/l06
"Meyer, Armella A" 108 "$56,212.91"
"$1,572.91" $0.00 $0.00 "$1,572.91"
$0.00 "$1,572.91"
"Pottebaum, Mary, Timothy J & Raymond E"
W.50'-109 "$42,265.53" "$1,365.53" $0.00
$0.00 "$1,365.53" $825.79 "$2,191.32"
"Knudson, William R & Mary Ann" E.l 0'-1 09
"$4,060.81" "$1,015.20" $0.00 $545.61
"$1,560.81" $0.00 "$1,015.20"
"Knudson, William R & Mary Ann" 110
W/E.10'-109
"Knudson, William R & Mary Ann" 111
"$42,030.00" "$1,300.67" $0.00 $0.00
"$1,300.67" $0.00 "$1,300.67"
"Picker, Allen J & Lizabeth" 112
"$59,380.67""$1,300.67" $0.00
$0.00 "$1,300.67" $0.00" $1,300.67"
Fisher's Subdivision
"Kress, George W & Sandra J" 6"
$64,729.76" "$1,939.76" $0.00 $0.00
"$1,939.76" $0.00 "$1,939.76"
"Kress, George W & Sandra J" E.27'-7 w/6
"Hyde, Brian E & Nancy S"W.13'-7
"$53,408.84" "$1,378.84" $0.00 $0.00
"$1,378.84" $0.00 "$1,378.84"
"Hyde, Brian E & Nancy S" 8 wlW .13'-7
"Hyde, Brian E & Nancy S"9 "$3,681.08"
$920.27 $0.00 "$1,160.81" "$2,081.08"
$0.00 $920.27
"Hyde, Brian E & Nancy S"l 0 w/9
"Sanner, John C" 11 "$2,216.66" $554.17
$0.00 $452.49 "$1,006.66" $0.00 554.17
"Sanner, John C" 12 "$2,216.66" $554.17
$0.00 $452.49 "$1,006.66" $0.00 $554.17
Bowden Place
"Sweeney, Colin F" 1 "$61,379.41"
"$1,799.41 "$0.00 $0.00 "$1,799.41"
$751.07 "$2,550.48"
"Sanner, John C."2 "$105,489.33" "$1 ,409.33"
Regular Session, June 4, 2001
181
.
$0.00 $0.00 "$1,409.33" $0.00 '$1,409.33"
TOTALS:
NET PAVING ASSESSMENTS: $127,100.49
SIDEWALK ASSESSMENTS: $1,667.60
DEFICIENCY AsSEiSSMENTS: $2,611.40
GROSS ASSESSMENTS: $131,379.48
WATER SERVICE ASSESS.: $32,640.07
TOTAL NET ASSESSMENTS: $161,408.15
Buoi moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Sheridan Road Storm Sewer Reconstruction:
City Manager recommending acceptance of the
Sheridan Road Storm Sewer Reconstruction
Project in the final contract amount of
$116,689.71, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 233-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Sheridan Road
Storm Sewer Reconstruction 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 1%
Local Option Sales Tax Fund and the Fiscal
Year 2000 General Fund in amounts equal to
the amount of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 234-01
FINAL ESTIMATE
Whereas, the contract for the Sheridan Road
Storm Sewer Reconstruction 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 $139,472.38 and the
said amount shall be paid from the 1 % Local
Option Sales Tax Fund and the General Fund.
Passed, approved and adopted this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Adoption of Supplement No. 49 to the Code of
Ordinances: City Manager recommending
adoption of Suppiement No. 49 to the Code of
Ordinances, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO, 235-01
ADOPTING SUPPLEMENT NO. 49 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 tT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 49 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 20-01 enacted through April 2, 2001 and
prepared by the Sterling Codifiers, Inc, Weiser,
10 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
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Contract for Red Light Running Piiot Program:
City Manager recommending approval of a
contract with Nestor Traffic Systems of
Providence, Rhode Island for a Red Ught
Running Pilot Program, presented and read.
Buol moved that the communication be received
and filed and recommendation approved.
Seconded by Markham. Motion carried 7-0.
182
Regular Session, June 4, 2001
Dakota, Minnesota, and Eastern Railroad
Corporation: Communication from the Surface
Transportation Board of Washington, DC
regarding the environmental reView process for
the Dakota, Minnesota, and Eastern Railroad
Corporation proposed Powder River Basin
Expansion Project, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-0.
National Fire Protection Association
Standards: City Manager recommending that the
City encourage the National Fire Protection
Association Standards Council to reject
Standard 1710 in its entirety, presented and
read. Buol moved that the communication be
received and Iiled and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
McAninch Corporation v. City of Dubuque:
Corporation Counsel advising that agreement
has been reached with fhe McAninch
Corporation to resolve the pending lawsuit
against the City of Dubuque within the
guidelines established by the City Council,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
iPCS Wireless, Inc. v. Zoning Board of
Adjustment: Corporation Counsel advising that
the City has prevailed on a motion to dismiss the
certiorari proceeding against the Zoning Board
of Adjustment, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Business License Refund: Request of Tim
Martin, Riverside Bowl, Inc. for a beer and liquor
license refund in the amount of $422.50,
presented and read. Buol moved that the
communication be received and filed and
approved request. Seconded by Markham.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 236-01
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions 01 law reiating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
24 RENEWALS
A & B Tap
Mullnc
2600 Central Ave
Malo Oil Com
Big 10 Mart
Big 10 Mart
Big 10 Mart
2100 JFK Rd
Malo Oil Com
9th & Central Ave
Malo Oil Com
1875 JFK Rd
Peninsula Gaming Com
3rd St Ice Harbor
Peninsula Gaming Com
400 E 3rd St
Diamond Jo Casino
Diamond Jo Casino
Dubuque Discount Gas
Dubuque Discount Gas Inc. 2175 Central Ave
Dubuque Gall & Country Club Dubuque Gall &
Country Club 1800 Randall PI
Dubuque Mining Com Apartments LId Corp
555 JFK Rd
Dennis/Linda Murray
3203 Jackson St
WCB Hotels
31 00 Dodge St
Iowa Oil Com
3200 Central Ave
Iowa Oil Com
2335 University Av
Iowa Oil Com
2150 Twin Valley Dr
Iowa Oil Com
3270 Dodge St
Iowa Oil Com
1998 Jackson St
K.Mart Corp
2600 Dodge St
Express Depot Inc.
1620 JFK Rd
Pamela Murphy
55 Locust St
Malo Oil Com
2013 Central Ave
Beverly R Miller
2727 Dodge St
Dolores Weber
601 Rhomberg Ave
Lee W. Potter Sr
408 W Locust St
David Hoffman
450 W Locust St
Chad Streff
1064 University Ave
Passed, approved and adopted this 4th day of
June ,2001.
Terrance M. Duggan, Mayor
Allest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Galaxies
Hoffman House Restaurant
lOCO Speede Shoppe
lOCO Speede Shoppe
ICO Speede Shoppe
lOCO Speede Shoppe
iOCO Speede Shoppe
K-Mart # 4018
Liquor Depot 01 Dubuque
Murph's South End Tap
Puff n Snuff
Sid's Beverage Store
Ten Pin Tap
West Locust Mart
White House Tavern
Whiskey River
RESOLUTION NO. 237-01
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 01 this City and have filed
proper bonds
183
Regular Session, June 4, 2001
.
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
Prospect Pizza lid Pizza Hut # 1 +
(Sunday Sale) 2075 JFK Rd
Prospect Pizza lid Pizza Hut +
(Sunday Sale) 320 E. 20th Ave
CLASS "C" BEER PERMIT
Hy-Vee inc. Hy-Vee Food Store #1+
(Sunday Sale) 3500 Dodge St
Passed, approved and adopted this 4th day of
June, 2001
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cily Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 238-01
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 lound 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" BEER/LIQUOR LICENSE
Creslanes Bowling Inc Creslanes Bowling+
(Sunday Sale) 255 S Main St
Pam Murphy Murphs South End Tap
55 Locust St
CLASS "B(WB) WINE PERMIT
Hy-Vee Inc Hy-Vee Food Store # 1
3500 Dodge St
Passed, approved and adopted this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
.
Interviews for the following Boards
Commissions:
CIVIC CENTER COMMISSION (3 terms which
expire 6/29/04): Rod Bakke, Michael P.
Brannon, Mark M. Nauman, Steve Sesterhenn.
Mr. Bakke and Mr. Nauman both spoke
requesting consideration for appointment.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Robbins. Motion carried 7-
O.
Algona Street Reconstruction - Award: Proofs
of publication on notice of hearing on plans and
specifications, notice to property owners, and
notice to bidders on the receipt of bids and City
Manager recommending award of the contract
for the Algona Street Reconstruction Project to
Horsfield Construction, Inc., in the amount of
$553,669.60, presented and read. Markham
moved that the proofs and communication be
received and filed. Seconded by Buol. Motion
carried 7-0.
Communication of Joseph A. Collins, 2120
Grace St., objecting to a specific of the project,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Buol. .Motion carried 7-0.
RESOLUTION NO. 239-01
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2"' day of May, 2001, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Algona Street Reconstruction Fund.
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 4'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 240-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contraclors for Ihe Algona Street
Reconstruction Project pursuant to Resolution
No. 197-01 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 11 <h day of May, 2001.
Whereas, said sealed proposals were opened
and read on the 24'h day of May, 2001, and it
has been detemnined that the bid of Horsfield
184
Regular Session, June 4, 2001
Construction. Inc. of Epworth, Iowa. in the
amount of $553,669.60 was the lowest bid for
the furnishings of all labor and materials and
performing the war!< 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 Horsfield 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
June. 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buoi. Motion carried 7-0.
RESOLUTION NO. 241-01
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE ALGONA
STREET RECONSTRUCTION PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the Algona Street
Reconstruction 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:
X Adopted. without amendment, and all
objections filed or made having been
dully considered are overruled.
Adopted as amended by the Schedule of
Assessments attached hereto as Exhibit A, and
made a part hereof by reference. All objections
filed or made having been duly considered are
overruled.
Deferred for later consideration to a City Council
meeting to be held on the _day of . . next at
6:30 p.m. in , with jurisdiction retained for further
consideration and action at the adjourned
meeting.
Abandoned.
Passed, adopted and approved this 4th day of
June, 2001.
Terrance M. Duggan. Mayor
Attest Jeanne F. Schneider. City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Center Grove Storm Sewer Project - Award:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids and City Manager
recommending award of the contract for the
Center Grove Storm Sewer Project to Horsfield
Construction, Inc.. in the amount of $73.854.88,
presented and read. Robbins moved that the
proofs and communication be received and filed.
Seconded by Nichoison. Motion carried 7-0.
RESOLUTION NO. 242-01
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2"' day of May, 2001. plans.
specifications. form of contract and estimated
cost were filed with the City Clerk of Dubuque.
Iowa for the Center Grove Storm Sewer 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 4'" day of
June. 2001.
Terrance M. Duggan. Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 243-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Center Grove
Storm Sewer Project pursuant to Resolution No.
188-01 and notice to bidders published in a
newspaper published in the City of Dubuque.
Iowa on the 11th day of May, 2001.
Whereas, said sealed proposals were opened
and read on the 22nd day of May, 2001. and it
has been determined that the bid of Horsfield
Construction of Epworth. Iowa. in the amount of
$73.854.88 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
Regular Session, June 4, 2001
185
.
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 Horsfield Construction and the
Manager be and is h"reby 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
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
Jackson Street Relief Storm Sewer Project -
Award : Proofs of publication on notice of
hearing on plans and specifications and notice
to bidders on the receipt of bids and City
Manager recommending award of the Jackson
Street Relief Storm Sewer Project to Portzen
Construction in the amount of $158,222.33,
presented and read. Markham moved that the
proof and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 244-01
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2" day of May, 2001, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Jackson Street Reliel Storm Sewer
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 4'h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
RESOLUTION NO. 245-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Jackson Street
Relief Storm Sewer Project pursuant to
Resolution No. 191-01 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 11th day of May, 2001.
Whereas, said sealed proposals were opened
and read on the 22nd day of May, 2001, and it
has been determined that the bid of Portzen
Construction of Dubuque, Iowa, in the amount of
$158,222.33 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 and the
Manager be and is hereby directed to execute a
contract on behaif 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
approvai 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
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Markham moved to reinstate the rule limiting
discussion to Council. Seconded by MichalskI.
Motion carried 7-0.
ACTiON ITEMS
Raven Oaks Senior Apartments - Affordable
Housing Tax Credit Program Application (Tabled
at Council Meeting of May 21, 2001), presented
and read. Nicholson moved to remove this item
from the table. Seconded by Robbins. Motion
carried 7-0.
Communication of Brian D. Brooks, Star
Development, LLC, requesting thai the City
support their Affordable Housing Tax Credit
Program Appiication to the Iowa Finance
Authority and further advising thai the one
percent local contribution ($42,000) has been
obtained irom other sources and communication
from Thomas J. Mueller in opposition to the City
providing financial assistance for this project,
presented and read. Michaiski moved that the
communications be received and filed.
Seconded by Nichoison. Motion carried 7-0.
RESOLUTION NO. 246-01
A RESOLUTION OF SUPPORT FOR THE
DEVELOPMENT OF AN AFFORDABLE
186
Regular Session, June 4, 2001
HOUSING PROJECT TO BE KNOWN AS
RAVEN OAKS SENIOR APARTMENTS
WHEREAS, the City of Dubuque, Iowa has
been informed by Star Development L.L.C., a
Delaware Limited Liability Company ("Star") that
a low income housing tax credit application will
be filed with the Iowa Finance Authority for the
development of a sixty-two (62) unit senior
mixed affordable and market rate rental housing
project to be known as the Raven Oaks Senior
Apartments ("Raven Oaks") to be located on
approximately 7.7 acres at Raven Oaks and
Crissy Drives, Dubuque. Iowa ("Property");
WHEREAS, the Property is legally described
as foliows:
Lots 1, 2. 3, 4, 5 and 6 of Block 1; Lots 1, 2, 3,
4, 5 and 6 Block 2; Lots 1, 2, 3, 4, 5 and 6 of
Block 3; Lots 1, 2, 3, 4, 5 and 6 of Block 4; Lots
1,2,3,4,5 and 6 of Block 5; Lots 1, 2, 3, 4, 5
and 6 of Block 6; Lots 1, 2, 3, 4, 5, and 6 of
Block 7; all in 'Oak Brook Townhouses" in the
City of Dubuque, Iowa, according to the
recorded Plat thereof, and
Lots 7, 7a, 8, 8a, 9, 10, 10a, 11, 12, 13, 14 and
Lot 1 of Lot 15 in "Oakbrook Development" in
the City of Dubuque, Iowa, according to the
recorded Plat thereof consisting of
approximateiy 7.7 acres located In Dubuque
County, Dubuque, Iowa.
WHEREAS, Raven Oaks will be a three story
brick and sided building containing a combined
total of 62 one-bedroom and two-bedroom units,
including a full time manager's unit;
WHEREAS, Raven Oaks units will be targeted
to older adults 55 years of age and oider;
WHEREAS, Raven Oaks will be a new
construction project built on a vacant parcel of
land;
WHEREAS, Raven Oaks will have the
following amenities:
Community Room with Kitchen Facilities
Library/Computer Room
Sitting Area
Underground Parking
Heat included in Rent
Air Conditioning
Appliances Included (Range, Refrigerator,
Dishwasher, Disposal)
Additional Storage Space
Laundry Facilities on Every Floor
Patios or Balconies
Fitness Center
Craft Room
Movie Room
Outdoor Patio with Gazebo, Furniture and
Grill(s)
Vegetable Garden Plots
Space Available for a local financial institution
Space Available for a local beauty shop
operator
Emergency Call System
24-Hour Security
Wellness Monitoring Clinic
Optional Meal Program
Optional Housekeeping
Pianned Social & Recreational Activities
NOW, THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City supports the application of
Raven Oaks Senior Apartments for Low-Income
Housing Tax Credits. subject to necessary
public hearings, ordinances and building
permits.
Section 2. This resolution shall remain
effective until 1 November 2001. In the event
that any of the above-listed characteristics of
Raven Oaks should materially change prior to
the issuance of a building permit, this resolution
shall be null and void.
Passed, approved and adopted this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Community Housing Initiative - Affordable
Housing Tax Credit Program Application (Tabled
at Council Meeting of May 21, 2001), presented
and read. Michalski moved to remove this Item
from the table. Seconded by Nicholson. Motion
carried 7-0.
Community Housing Initiative requesting that
the City support their Affordable Housing Tax
Credit Program Application to the Iowa Finance
Authority with a local contributing effort of
$26,000 and communication from Thomas J.
Mueller in opposition to the City providing
financial assistance for this project, presented
and read. Michalski moved that the
communications be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 247-01
A RESOLUTION OF SUPPORT FOR THE
DEVELOPMENT OF AN AFFORDABLE
USING PROJECT TO BE KNOWN AS RIVER
OAKS SENIOR APARTMENTS
WHEREAS, the City of Dubuque, Iowa has
been informed by Community Housing Initiatives
Inc that a low income housing tax credit
application will be filed with the Iowa Finance
Authority for the development of a twenty-eight
(28) unit senior affordable rentai housing projecl
to be known as the River Oaks Senior
Apartments ("River Oaks") to be located on
approximately 2 acres at the Medical Associates
campus in Dubuque, Iowa ("Property");
WHEREAS, the Property is legally described
as follows:
Regular Session, June 4, 2001
187
.
Up to 2 acres of the North-east corner of Lot
Ten (10), Medical Associates, Subdivision
Number Two (2), in the City of Dubuque, County
of Dubuque, Iowa, according to the recorded
Piat thereof.
WHEREAS, River Oaks units will be targeted
to older aduits 55 years of age and older;
WHEREAS, River Oaks will be a new
construction project built on a vacant parcel of
land:
WHEREAS, River Oaks will have the following
amenities:
Community Room
In-unit Washer and Dryer
Basement Stall Parking
Heat Included in Rent
Air Conditioning
Appliances Included (Range, Refrigerator,
Dishwasher, Disposal)
Patio/Balcony
Security System
Optional Supportive Services (monthly
wellness checks, noon meals, transportation
coordination, home health referral)
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City supports the application of
River Oaks Senior Apartments for Low-Income
Housing Tax Credits, subject to necessary
public hearings, ordinances and building
permits.
Section 2. This resolution shall remain
effective until 1 November 2001. In the event
that any of the above-listed characteristics of
River Oaks should materially change prior to the
issuance of a building permit, this resolution
shall be null and void.
Passed, approved and adopted this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
Mayor Duggan turned control of the Meeting to
Mayor Pro-Tem Robbins due to polential conflict
of interest and left the Chambers.
Platinum Holdings, L.L.C.: City Manager
recommending approval of a consent and
subordination to mortgage agreement for
Platinum Holdings, L.L.C., presented and read.
Michalski moved that the communication be
received and filed. Seconded by Cline. Motion
carried 6-0.
.
RESOLUTION NO. 248-01
APPROVING A CONSENT AND SUBORDINA-
TION TO MORTGAGE AGREE-MENT FOR
PLATINUM HOLDINGS, L.L.C. IN FAVOR OF
AMERICAN TRUST AND SAVINGS BANK
AND ASSIGNMENTS OF THE AMENDED
DEVELOPMENT AGREEMENT, LEASE
AGREEMENT AND PARKING USE AGREE-
MENT BY PLATINUM HOLDINGS, L.L.C. TO
AMERICAN TRUST AND SAVINGS BANK
Whereas, the City of Dubuque (City) has
entered into an Amended Development
Agreement, Lease Agreement and Parking Use
Agreement with Platinum Holdings, L.L.C.
(Platinum) for the development of certain
property owned by City (the Property) for a hotel
and water park;
And Whereas, Platinum has requested that
City consent to a mortgage of the Property in
favor of American Trust and Savings Bank (the
Bank) and that City subordinate its interests in
the Property to the mortgage, a copy of which
Consent and Subordination to Mortgage Is
attached hereto;
And Whereas, Plaintiff has further requested
that City consent to the assignment of the
Development Agreement, Lease Agreement and
Parking Use Agreement by Plaintiff to the Bank
as security for Bank's loans to Platinum, copies
of which Assignments are attached hereto;
And Whereas, Plaintiff has further requested
that City consent to the assignment of the
Development Agreement, Lease Agreement and
Parking Use Agreement by Plaintiff to the Bank
as security for Bank's loans to Platinum, copies
of which assignments are attached hereto;
And Whereas, the City Council finds that it is in
the best interests of the City to approve
Platinum's request.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The Consent and Subordination to
Mortgage, Assignment of Amendment
Development Agreement, Assignment of Lease
Agreement, and Assignment of Parking Use
Agreement, attached hereto, are hereby
approved.
2. The Mayor Pro Tern is hereby authorized
and directed to execute the documents on
behalf of the City.
Passed, approved and adopted this 4th day of
June, 2001.
Joseph T. Robbins, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
The closing on the land lease took place
immediately after the vote on this item.
Mayor Duggan retumed to the Chambers and
took control of the meeting.
Regular Session, June 4, 2001
189
.
to be far in excess of capacity in the City's 2020
transportation pian; and
Whereas, the Honorable Representative Jim
Nussle has successfully obtained $28 million in
federal funding to cpnstruct an additional two
lanes and the State-of Iowa and the State of
Illinois have committed the required match; and
Whereas, the Dubuque Metropolitan Area
Transportation Study has made 4-laning the
bridge one of their priority projects.
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 strongly supports the development of
an addltionai two-lane bridge for U.S. 20 across
the Mississippi River and commits itself to work
aggressively with Iowa's congressional
delegation and the Iowa and Illinois
Departments of Transportation toward the
additionai funding for the bridge.
Passed, approved and adopted this 4'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7.0.
.
Communication from Representative Jim
Nussle regarding his meeting with Iowa
Department of Transportation officials on the
Highway 20 Julien Dubuque Bridge issue and
communication from the Dubuque Area
Chamber of Commerce to Governor Vilsack in
support of the Highway 20 Bridge, presented
and read. Michalski moved that the
communications be received and filed.
Seconded by Cline. Motion carried 7-0
River's Edge Plaza Pavilion; City Manager
requesting direction on final design of the
pavilion for the River's Edge Piaza, presented
and read. Nicholson moved to receive and file
the communication and that they leave the
pavilion at the original 50 foot diameter.
Seconded by Robbins. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
2001 Asphalt Paving Project - Initiate; City
Manager recommending initiation of the bidding
process for the 2001 Asphalt Paving Project and
that a public hearing be set for July 16, 2001,
presented and read. Buoi moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
.
RESOLUTION NO. 252-01
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 2001
Asphalt Paving Project (FY2002), in the
estimated amount of $1,872,070.77, are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 4'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest; Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 253-01
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 piaced same on file in
the office of the City Clerk for public inspection
of the 2001 Asphalt Paving Project (FY2002).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 161h day of July, 2001, a public
hearing will be heid at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, iowa, which
notice shall be not less than four days nor more
than forty-five 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, adopted and approved this 41h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
RESOLUTION NO. 254-01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCiL OF THE CITY OF DUBUQUE,
IOWA:
That the 2001 Asphalt Paving Project
(FY2002) 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
190
Regular Session, June 4, 2001
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 -her",by directed to
advertise for bids for the constnuction 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 5'" day of July, 2001. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 16th day of July, 2001.
Passed, adopted and approved this 4th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
At 7:47 P.M. Michalski moved to go into
Closed Session reo Property Acquisition and
Pending Litigation (Iowa Code Chapter 21-
.5(1 lo)(c). Seconded by Nicholson. Motion
carried 7-0.
At 9:07 P.M. Council reconvened Regular
Session with statement that Staff had been
given proper direction.
There being no further business, Cline moved
to adjourn. Seconded by Buol. Motion carried 7-
O. The meeting adjoumed at 9:08 P.M.
Isl Jeanne F. Schneider
City Clerk
11 6113
Approved:
Adopted:
2001
2001
/ .'
',.....
/ .1 /
Council Members
~ --~..-/ D~
j ~d:'.c//:C~.--:r/A-
C' Clerk
Special Session, June 13, 2001
191
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
. ,
Special Session, June 13,2001
Council met at 5:11 p.m., City Hall Conference
Room B
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michaei Van Milligen
Mayor Duggan read the call and stated this is
a Special Session of the City Council called for
the purpose of evaluating the City Manager.
Michalski moved to go into Closed Session in
accordance with Ch. 21.5 1 (i) 2001 Code of
Iowa, to evaluate the professional competency
of an individual whose appointment, hiring,
performance or discharge is being considered
when necessary to prevent needless and or
irreparable injury to that individual's reputation
and that said individual has requested a Closed
Session. Seconded by Buol. Motion carried 7-0.
.
City Manager Van Milligen left the Closed
Session at 5:50 P.M.
Council reconvened in the Special Session at
6:05 P.M. indicating the evaluation had been
completed and the results would be part of a
future Council meeting.
There being no further business, Michalski
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The rneeting adjourned at 6:06 p.m.
Isl Jeanne F. Schneider
City Clerk
116/21
.
Approved: ~4<~d;?tJ
Af:,/
Adopted: . ~ ~/A2.-/ ~
2001
2001
J
192
Regular Session, June 18, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDIN~S
City Council, Regular Session, June 18,2001
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Barry LindahL
Mayor Duggan read the call and stated this is
the regular session of the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Reverend Andrew
Eagan, Pastor, Sl. Thomas of Canterbury
Anglican Church
CONSENT ITEMS
Minutes Submitted: Airport Commission of 617;
Civil Service of 5/11; Library Board of 4/25;
Zoning Board of Adjustment of 5/24, presented
and read. Buol moved that the minutes be
received and filed. Seconded by Markham.
Motion carried 7-0.
Proof of publication of List of Claims and
Summary of Revenues for month ending April
30, 2001; Proof of publication of Council
Proceedings of May 7 and May 21, 2001,
presented and read. Buol moved that the proofs
be received and filed. Seconded by Markham.
Motion carried 7-0.
Finance Director Kenneth J. TeKippe
submitting the Financial Reports for the month
ending May 31, 2001, presented and read. Buol
moved that the reports be received and filed.
Seconded by Markham. Motion carried 7-0.
Notice of Claims/Suits: Roger F.
Hanselmann in estimated amount of $9,900 plus
tax for property damage; Delmer Scales in
estimated amount of $150 - $200 for property
damage, presented and read. Suol moved that
the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
Markham. Motion carried 7-0.
Corporation Counsei advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Roger
Hanselmann for property damage; Scott Lovett
for vehicle damage; Donald and Linda Root for
property damage, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Jonathan Denham for
moped towing in the amount of $39.75 and the
claim of Chad Weydert for vehicle damage in the
amount of $252.63, and that the Finance
Director be directed to issue payment, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending denial of
the claims of Bill Miller for property damage and
David Ludovissy for property damage, presented
and read. Buoi moved that the communications
be received and filed and concurred. Seconded
by Markham. Motion carried 7-0.
Corporation Counsei recommending that the
claim of Kathy Kahle be administrativeiy closed
and forwarded to Horsfield Construction,
presented and read. Buol moved that the
communications be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Citizen Communications: Communication of
Herb Van Zile regarding the new DubuquelEast
Dubuque bridge, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Markham. Motion carried 7-0.
Communication of Dennis Schmitt, Dubuque
Community Church, requesting that the Key
Stone stub street at the intersection of Key Way
and Key Stone be vacated, presented and read.
Buol moved that the communication be received
and filed and referred to the City Manager.
Seconded by Markham. Motion carried 7-0.
Bressler Outdoor Advertising: Communication
from Jennifer Sloane, General Counsel for
Bressler Outdoor Advertising, LLC, regarding
the denial of their request for an off-premise sign
permit for property located at 44 Main Street,
presented and read. Buol moved that the
communication be referred to the Legal Staff.
Seconded by Markham. Motion carried 7-0.
Communication of Assistant City Attorney
James A. O'Brien to Jennifer Sloane, General
Counsei for Bressler Outdoor Advertising,
regarding their request for an off-premise sign
permit for 44 Main Street and the appropriate
appeal process, presented and read. Buol
Regular Session, June 18, 2001
193
.
moved that the communication be referred to the
Legal Staff. Seconded by Markham, Motion
carried 7-0.
Civil Service Commtssion: Civil Service
Commission subrnitting the certified lists for the
positions of Assistant Fire Marshal and Clerk
Typist:
June 1,2001
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 1999
Code of Iowa, an examination for the position of
Assistant Fire Marshall was conducted on May
2,2001. We hereby certify that the following
have passed this written examination and the
vacancy for this position should be made from
this list and that this list is good for two (2) years
frorn above date.
ASSISTANT FIRE MARSHALL
Jeff Zasada
Respectfully submitted,
Is! Laras Kluesner, Chairperson
Is/ Merle Duehr
Isl Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Markham. Motion carried 7-0.
June 1,2001
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 1999
Code of Iowa, an examination for the position of
Clerk Typist was given on May 17, 2001. We
hereby certify that the following have passed this
written examination and the vacancy for this
position should be made from this list and that
this list is good for two (2) years from above
date.
Thomas F. Meyer
Rose T. Hoerner
Susan C. Dix
Tara Odefey
Colleen K. Gitter
Kathy M. Andrews
Teresa A. Behnke
Julie Jackson
Jodi Lukens
Kristina 1. Keck
Dianne Glanz
Michelle Hochrein
Marlene A. Hammerand
Rachel M. Kluck
Jill N. Mueller
Dawn M. Carr
Vickie K. Copeland
Tracy M. Roling
Dianna M. Bergfeid
Emily A. Mettel
.
.
Stacey L. Seighle
Charity A. Beeth
Laura A. Mickelson
Anita M. Arensdorf
Margaret F. Greaves
Barbara A. Kueper
Brent A. Moran
Shari N. Steward
Renee A. Edminster
Monica l. Kilgore
Shelley N. Laird
Pamela Krieg
Elaine Herrig
Kelly M. Gansen
Molly D. Heins
Jean M. Noel
Susan A. Potter
Dawn M. Laird
Nancy A. Middleman
Leslie A. Backes
Respectfully submitted,
Isl Loras Kluesner, Chairperson
Isl Merle Duehr
Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Markham. Motion carried 7-0.
Collective Bargaining Agreement between the
City of Dubuque and the Teamster's Union,
Local #421: City Manager recommending
approval of the Collective Bargaining Agreement
between the City of Dubuque and the
Teamster's Union, Local #421, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 255-01
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTER'S UNION, LOCAL #421 AND
AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is publiC
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Teamster's Union, Local #421 is
an employee organization within the meaning of
Section 3(4) of the Public Employment Relations
Act; and
Whereas, the Teamster's Union, Local #421,
submitted a request to bargain collectively on
behalf of the employees within its
representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be
approved and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 18'h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Project Concern Minibus Contract: City
Manager recommending an increase in the
Fiscal Year 2001 Purchase of Service
Agreement with Proiect Concern tor minibus
service from $195,000 to $213,000, presented
and read. Buol moved that the communication
194
Regular Session, June 18, 2001
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
City Manager Employme@t Agreement:
Submittal of the Tenth Amendment to the City
Manager's Employment Agreement for approval,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Dubuque Thunderbirds Rental Agreement:
City Manager recommending approval of a
rental agreement between the Five Flags Center
and DUbuque Hockey, Inc. (Dubuque
Thunderbirds) for the use of the Five Flags
Center for the 2001 - 2002 hockey season,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
City Manager recommending that the City
Council sponsor the Dubuque County Historical
Society's National Scenic Byway Program grant
application for creation of a Great River Road
Interpretive Center at the Mississippi River
Discovery Center, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 256-01
RESOLUTION SPONSORING A NATIONAL
SCENIC BYWAYS GRANT APPLICATION
Whereas, the Dubuque County Historical
Society has applied to the Federai Highway
Administration for a National Scenic Byways
grant to create a Great River Road Interpretive
Center at the Mississippi River Discovery
Center; and
Whereas, the Federal Highway Administration
requires the sponsorship of the City of Dubuque
for this grant application; and
Whereas, the Dubuque Comprehensive Plan
includes goals and objectives to add amenities
along and interpret the history of the Mississippi
River, which are consistent with this project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council does hereby
sponsor the Dubuque County Historical
Society's application for a National Scenic
Byways grant to create a Great River Road
Interpretive Center at the Mississippi River
Discovery Center.
Section 2. That the Planning Services
Manager is hereby authorized to establish a
management agreement with the Dubuque
County Historical Society for this project.
Passed, approved and adopted this 18th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Glendale Addition No. 3 - Plat of Survey:
Zoning Advisory Commission advising of their
approval of the Plat of Survey for Glendale
Addition No.3 as requested by Randall Klauer,
presented and read. Buol moved that the
communication be received and flied. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 257-01
RESOLUTION APPROVING THE PLAT OF
SURVEY OF LOTS 1 THRU 3 OF GLENDALE
ADDITION NO.3
Whereas, there has been filed with the City
Clerk a plat of survey of Lots 1 thru 3 of
Glendale Addition No.3; and
Whereas, said plat prOVides Lot 1 with 5,139
square foot of lot area, where 6,000 square feet
is required and provides Lot 2 with 41.82 feet of
lot frontage and 3,086 square feet of lot area,
where 50 feel and 5,000 square feet are
required, respectively, 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 ailow Lot 1
to have 5,139 square feet of lot area, where
6,000 square feet is required, and to allow Lot 2
to have 41.82 feet of lot frontage and 3,086
square feet of lot area, where 50 feet and 5,000
square feet are required, respectively.
Section 2. That the piat of survey of Lots 1 thru
3 of Glendale Addition NO.3 is hereby approved,
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Heritage Trail Extension - Recreational Trails
Grant Application: City Manager recommending
approval of a Recreational Trails Grant
Application to the Iowa Department of
Transportation for extension of the Heritage Trail
Regular Session, June 18, 2001
195
.
from the Heron Pond Wetlands Nature Trail to
the Dubuque Jaycees Trail, presented and read.
Buoi moved that the communication be received
and filed. Seconded by Markham. Motion carried
7-0.
.
RESOLUTION NO. 258- 01
RESOLUTION AUTHORIZING A GRANT
APPLICATION FOR IOWA DEPARTMENT OF
TRANSPORTATION RECREATIONAL TRAILS
FUNDS FOR THE HERITAGE TRAIL
EXTENSION FROM THE HERON POND
WETLANDS NATURE TRAIL TO THE
DUBUQUE JAYCEES TRAIL
Whereas, the Iowa Department of
Transportation (lOOT) has Recreational Trails
funds available to develop recreational trails in
cities; and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
include goais for development of bike/hike trails;
and
Whereas, the City of Dubuque has adopted
the Heritage Trail Master Plan that includes the
Heritage Trail Extension.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Planning Services
Manager Is hereby authorized to sign and
submit this application for Recreational Tralis
funds to the iDOT for the extension of Heritage
Trail from the Heron Pond Wetlands Nature Trail
to the Dubuque Jaycees Trail, on behalf of the
City of Dubuque.
Section 2. That the City of Dubuque agrees to
adequately maintain the trali for its intended use
and maintain the totai trail used to justify the
project in public use for a minimum of 20 years
following project completion.
Section 3. That the City Manager is hereby
authorized to reallocate $100,000 from the FY02
Capitai Improvement Program from the Highway
20 Landscaping project to serve as the local
match for this grant.
Passed, approved and adopted this 18\h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
Design Guidelines Manual Consuitant
Selection: City Manager recommending
approval of the Durrant Group as the consultant
selection for the Historic District Design
Guidelines, presented and read. Buol moved
that the communicatlon be received and fHed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 259-01
RESOLUTION AWARDING A CONTRACT
FOR HISTORIC DISTRICT DESIGN
GUIDELINES
Whereas, the State Historical Society of Iowa
has awarded the City of DUbuque a Certified
Local Government (CLG) grant to develop a
manual of design guidelines for private
properties in the city's historic districts; and
Whereas, the City Council has budgeted funds
for the development of a comprehensive urban
design plan for public places and streetscapes in
the city's historic districts; and
Whereas, the City Council has determined that
these proiects shouid be completed concurrently
and with assistance from a qualified consultant.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council does hereby
award the contract for development of historic
district design guidelines to the Durrant Group of
Dubuque, Iowa.
Section 2. That the Planning Services
Manager is hereby authorized to negotiate a
contract with the Durrant Group for this project in
an amount not to exceed $50,440.00.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
John F. Kennedy Road - Acceptance of
Warranty Deed and Grant of Easement: City
Manager recommending acceptance of a
Warranty Deed for right-ol-way purchase and a
Grant of Easement for Lateral Support on John
F. Kennedy Road for the reconstruction project
scheduled for 2001 - 2002, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 260-01
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF PROPERTY (LOT 1 AND LOT 2 OF
AIRD PLACE) FROM RANDALL P. AND LISA
A. AIRD ON JOHN F. KENNEDY ROAD TO
THE CITY OF DUBUQUE
Whereas, the City of DUbuque entered into an
Acquisition Agreement with Randall P. and Lisa
A. Aird, pursuant to Randall P. and Lisa A. Aird
agreed to grant a part of Lot 1 and Lot 2 of Aird
Place in the City of Dubuque, Iowa, as shown on
the AcqUisition Plat thereof; and
Whereas, Randall P. and Lisa A. Aird have
executed 'a conveyance of said property.
NOW THEREFORE, BE iT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
196
Regular Session, June 18, 2001
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Randall P. and Lisa A. Aird, copies of which are
attached hereto, as required ,by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, adopted and approved this 18th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 261-01
A RESOLUTtON ACCEPTING A GRANT OF
EASEMENT FOR LATERAL SUPPORT FROM
RICHARD J. AND MARIE V. BENSON ON
JOHN F. KENNEDY ROAD TO THE CITY OF
DUBUQUE
Whereas, the City of Dubuque entered into an
agreement with Richard J. and Marie V. Benson,
pursuant to which Richard J. and Marie V.
Benson agreed to grant an easement over a part
of Lot 2-1-'.'-3 and Lot 2-1-3 in Helen E. and
Mary H. Stewart Subdivision, in the City of
Dubuque, Iowa, as shown on the Grant of
Easement for Lateral Support thereof; and
Whereas, Richard J. and Marie V. Benson
have executed an easement over said property.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for
Lateral Support from Richard J. and Marie V.
Benson, copies of which are attached hereto, as
required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behan of the City of Dubuque any instruments in
connection herewith.
Passed, adopted and approved this 18th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Villa Street Retaining Wall - Acceptance: City
Manager recommending acceptance of the Villa
Street Retaining Wall Project in the final contract
amount of $116,890.24, presented and read.
Buoi moved that the communication be received
and filed. Seconded by Markham. Motion carried'
7-0.
RESOLUTION NO. 262-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Villa Street
Retaining Wall Reconstruction 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 2001
General Retaining Wall Repair Budget in
amount equal to the amount of this contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 18\h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 263-01
FINAL ESTIMATE
Whereas, the contract for the Villa Street
Retaining Wall Reconstruction 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 $122,198.80 and the
said amount shall be paid from the Fiscal Year
2001 General Retaining Wall Repair Budget of
the City of Dubuque, Iowa.
Passed, approved and adopted this 18\h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Fischer Coid Storage Demolition Project -
Acceptance: City Manager recommending
acceptance of the Fischer Cold Storage
Demolition Project in the final contract amount of
$180,725, presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Regular Session, June 18, 2001
197
.
RESOLUTION NO. 264-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Fischer Cold
Storage Warehouse and Carriage Building
Demolition and Site Clearance 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, pians 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 DRA surplus distribution
in amount equal to the amount of this contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 181h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 265-01
FINAL ESTIMATE
Whereas, the contract for the Fischer Cold
Storage Warehouse and Carriage Building
Demolition and Site Clearance 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 $358,725.00 and the
said amount shall be paid from the DRA surplus
distribution of the City of Dubuque, Iowa.
Passed, approved and adopted this 181h day of
June, 2001.
Terrance M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
Dubuque Humane Society - Purchase of
Services Agreement: City Manager
recommending approval of an agreement
between the Dubuque Humane Society and the
City of Dubuque for provision of animal shelter
services through June 30, 2002, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Dubuque Area Chamber of Commerce
Convention and Visitors Bureau - Purchase of
Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau for Fiscal Year 2002 in the amount of
$497,875, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
DUbuque Area Labor Management Council -
Purchase of Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with DUbuque Area Labor
Management Council for Fiscal Year 2002 in the
amount of $15,768, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Dubuque Main Street, Ltd. - Purchase of
Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Dubuque Main Street,
Ltd., for Fiscal Year 2002 in the amount of
$43,966, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Project Concern, Inc. - Foster Grandparent
Program - Purchase of Service Agreement: City
Manager recommending approval of a Purchase
of Service Agreement with Project Concern, Inc.
- Foster Grandparent Program for Fiscal Year
2002 in the amount of $5,435, presented and
read. Buol moved that the communication be
received and iiied and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Greater Dubuque Development Corporation -
Purchase of Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Greater Dubuque
Development Corporation for Fiscai Year 2002
in the amount of $127,500, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Helping Services of Northeast Iowa -
Purchase of Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Helping Services of
Northeast Iowa, Inc., for Fiscal Year 2002 in the
amount of $1,964, presented and read. Buoi
198
Regular Session, June 18, 2001
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Operation: New View - Rurcj1ase of Service
Agreement: City Manager' recommending
approval of a Purchase of Service Agreement
with Operation: New View for Fiscal Year 2002
in the amount of $16,708, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Retired and Senior Volunteer Program -
Purchase of Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Retired and Senior
Volunteer Program for Fiscal Year 2002 in the
amount of $7,341, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Substance Abuse Services Center - Purchase
of Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Subsfance Abuse
Services Center for Fiscal Year 2002 in the
amount of $12,390, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Washington Tool Library, Inc. - Purchase of
Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Washington Tool
Library, Inc., for Fiscal Year 2002 in the amount
of $10,500, presented and read. Buol moved
that the communication be received and filed
and approved recommendation.' Seconded by
Markham. Motion carried 7-0.
Project Concern, Inc. - Information and
Referral and Child Care Referral - Purchase of
Service Agreement: City Manager
recommending approval of a Purchase of
Service Agreement with Project Concern, Inc. -
Information and Referral ($23,745) and Child
Care Referral ($8,367) for Fiscal Year 2002,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Dubuque Jaycees: Request of the Dubuque
Jaycees to transfer their liquor licenses to the
Iowa Street Ramp on July 20, 2001 as a rain
location for "All That Jazz," presented and read.
Buol moved that the communication be received
and filed and approved request. Seconded by
Markham. Motion carried 7-0.
Business License Refund: Jean Ann Althaus,
Family Beverage Center, requesting a refund for
their beer permit in the amount of $75.00,
presented and read. Buol moved that the
communication be received and filed and
approved request. Seconded by Markham.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 266 -01
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Casey's General Store Casey's Marketing Com
2699 Rockdale Rd
Casey's General Store Casey's Marketing Com
4003 Peru Rd
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 267-01
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCil OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
10 RENEWALS
Dubuque Discount Gas Dubuque Discount Gas
Inc. 4110 Dodge St
Hammerheads Bar/Billiards Hammerheads, Inc.
2095 Kerper Blvd
Hy-Vee Hy-Vee Inc
3500 Dodge St
Hy-Vee Hy-Vee Inc
4800 Asbury Rd
Knickers Saloon Curtis Gerhard
2186 Central Ave
lucky 13 David Erickson
385 E 13th St
Oky Doky Food # 14 Kristina Chapman
1050 University Ave
One Flight Up Nadine Bergin
44-48 Main St
Tonys Place Charies Steffen
1701 Central Ave
Wal-Mart Supercenter # 2004 Wal-Mart Stores
Inc 4200 Dodge St
Regular Session, June 18, 2001
199
.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved ado~tion of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 268-01
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
DUbuque Jaycees Dubuque Jaycees+
(Outdoor Service)Tent A Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Service)Tent B Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Service)Tent C Town Clock Plaza
CLASS "C" BEER PERMIT
Rainbo Oil Com Kwik Stop Food Mart+
(Sunday Sale) 1401 Central Ave
K-Chap Foods, Inc. Oky Doky # 14+
(Sunday Sale) 1050 University Ave
Casey's Marketing Com Casey's General
Store+(Sunday Sale) 4003 Peru Rd
Casey's Marketing Com Casey's General
Store+(Sunday Sale) 2699 Rockdale Rd
Passed, approved and adopted this 18th day
June, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
RESOLUTION NO. 269-01
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 compiy
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" BEER/LIQUOR LICENSE
Peninsula Gaming Com Diamond Jo Casino
Portside+(Sunday& Outdoor Sale) 400 E 3rd St
Jymie Lyons Jym's Bar+
Sunday Sale) 1700 Central
Tom Koch Inc. Paul's Tavern+
(Sunday Sale) 176 Locust
American Legion Post # 6 American Legion
Post # 6+(Sunday Sale) 1306 Delhi
James Ferring Dubuque Bowling Lanes+
(Sunday Sale) 1029 ';' Main
Curtis Gerhard Knicker's Saloon+
(Sunday Sale) 2186 Central
City of Dubuque Dubuque 5-Flags
Center+(Sunday Sale) 405 Main St
Kinseth Hotel Corp Holiday Inn Five Flags.
Outdoor Sale 450 Main St
Duke's Place Inc Duke's Place - 1 day
Outdoor Sale 2600 Dodge
CLASS "B"(WB) WINE PERMIT
Creative Touch Gallery Inc. Ooh La La
3460 Hillcrest
Passed, approved and adopted this 18th day
of June 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards /
Commissions:
Environmental Stewardship Advisory
Commission (Youth representative term which
will expire June 1, 2002 - Term of Brianna
Tully): Applicant: Brianna Tully. No one spoke.
Historic Preservation Commission (Two 3-year
terms which will expire on July 1, 2004 - Terms
of Bradford and Guinn): Applicants: Pameia
Bradford 0Nest 11'h Street) and Suzanne M.
Guinn (Jackson Park). Pamela Bradford spoke
requesting reappointment.
Investment Oversight Advisory Commission
(Two 3-year terms which will expire on July 1,
2004 - Terms of Reisdorf and Ruden):
Applicants: Stephen Reisdorf and Gary L.
Ruden. No one spoke.
Library Board of Trustees (Five 4-year terms
which will expire on July 1, 2005 - Terms of
Augspurger, Vandermillen, Strom, Felderman,
Smith). Applicants: J. L. Felderman, Clyde
Overturff, Lorri Regan, Michael Shubatt, Kristen
Smith, Mary L. Strom, Thomas A. Tully. Clyde
Overturff conveyed to the City Clerk he is
withdrawing his appiication. Lorri Regan
conveyed to the City Clerk she could not be in
attendance but is interested in the position. J.L.
Felderman, Michael Shubatt, and Thomas A.
200
Regular Session, June 18, 2001
Tully all spoke requesting consideration tor
appointment to the Board.
Park and Recreation Commission (Three 3-
year terms which will expire J~ne 30, 2004 -
Terms of Lyness, Sullivan, Hoffmann):
Applicants: Danita L. Galdick, Gary L.
Harjehausen, Paul E. Hoffmann, Karen C.
Lyness. Danita Galdicl< conveyed to the City
Clerk that she could not be in attendance but
that she is interested in the Commission. No one
spoke.
Zoning Advisory Commission (Two 3-year
terms which will expire July 1, 2004 - Terms of
Bird and Stiles): Applicants: Eugene Bird, Ben
Roush, Jeff Stiles. Eugene Bird and Jeff Stiles
both spoke requesting reappointment.
Appointments to the following Boards /
Commissions:
Civic Center Commission (Three 3-year terms
which expire 6/29/04 - Terms of Bakke,
Brannon, Sesterhenn): Applicants: Rod Bakke,
Michael P. Brannon, Mark M. Nauman, Steve
Sesterhenn.
Vote on the appointments was as follows:
Cline voted for Bakke, Brannon, Sesterhenn.
Duggan voted for Bakke, Brannon, Sesterhenn.
Markham voted for Bakke, Brannon,
Sesterhenn. Michalski voted for Bakke,
Brannon, Sesterhenn. Nicholson voted for
Bakke, Brannon, Sesterhenn. Robbins voted for
Bakke, Brannon, Sesterhenn. Buol voted for
Bakke, Brannon, Sesterhenn. Therefore, Rod
Bakke, Michael P. Brannon, and Steve
Sesterhenn were reappointed to three year
terms which will expire 6/29/04.
PUBLIC HEARINGS
Michalski moved that the ruies be suspended
to allow anyone present to speak. Seconded by
Cline. Motion carried 7-0.
Wayne and Lynn Stewart - 8000 Old Highway
Road - Rezoning Request: Proof of publication
on notice of hearing to consider rezoning
property located at 8000 Old Highway Road
from County R-1 Singie-Family Residential
District to City R-1 Singie-Family Residential
District (in conjunction with annexation),
presented and read. Marl<ham moved that the
proof be received and filed. Seconded by
Robbins. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 8000 Old Highway
Road from County R-1 Single-Famiiy Residentiai
District to City R-1 Single-Family Residential
District concurrent with annexation, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 3:Hl1
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 8000 OLD
HIGHWAY ROAD FROM DUBUQUE COUNTY
R-1 RURAL RESIDENTIAL DISTRICT TO CITY
OF DUBUQUE R-1 SINGLE-FAMILY
RESIDENTIAL DtSTRICT, CONCURRENT
WITH ANNEXATION.
NOW, THEREFORE, BE tT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, Wayne and Lynn Stewart, property
owners, have requested rezoning concurrent
with annexation to the City 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
Pian.
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
Dubuque County R-1 Rural Residential District
to City of Dubuque R-1 Single-Family
Residential District, to wit:
Lot 2, except the west 20 acres thereof, of
Mason Cate Estates, and to the center iine of
the adjoining public right-of-way, ail 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 18'h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 25th day of June, 2001.
Jeanne F. Schneider, City Clerk
1t 6/25
Regular Session, June 18, 2001
201
.
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 anp. further moved final
consideration and passage of the Ordinance.
Seconded by Robbins. Motion carried 7-0.
.
Allen & Urbain Architects I Hills & Dales
Deveiopment Center - Rezoning Request: Proof
of publication on notice of hearing to consider
rezoning property located at 1011 Davis Street
from R-1 Single-Family Residential District to
OR Office Residential District, presented and
read.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 1011 Davis Street
from R-1 Singie-Family Residentiai District to
OR Office High Density Multi-Family Residential
District, presented and read.
John Alien of Allen and Urbain Architects and
Rick Dickinson as a member of their governing
Board spoke requesting adoption of the
Ordinance. Joel Glennon, 1004 Davis and Bob
Welu, 970 Davis, spoke objecting to the
proposed rezoning.
Nichoison moved that this matter be tabled to
the next meeting. Seconded by MichalskI.
Motion carried 7-0.
Jim Hansen - 1840 Radford Road - Rezoning
Request: Proof of pUblication on notice of
hearing to consider rezoning property located at
1840 Radford Road from C-3 General
Commercial District to CS Commercial Service
and Wholesale District, presented and read.
Buol moved that the proof be received and filed.
Seconded by Markham. Motion carried 7-0.
Russ Neuwoehner, Attorney for Jim Hansen,
spoke requesting the rezoning to allow mini-
warehousing.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 1840 Radford
Road from C-3 General Commercial District to
CS Commercial Service and Wholesale District
with conditions, presented and read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRIB-
ED PROPERTY LOCATED AT 1840
RADFORD ROAD FROM C-3 GENERAL
COMMERCIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRICT WITH CONDITIONS.
NOW, THEREFORE, BE iT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter described property from C-3
General Commercial District to CS Commercial
Service and Wholesale District, with conditions
described in the attached Memorandum of
Agreement, to wit:
Lot 4 Northrange Subdivision, and to the
centerline 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 affect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 34 01
(We) James P. Hansen and Doris J. Hansen,
owners, having read the terms and conditions of
the foregoing Ordinance No.34-01 and being
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated this 18th day of June, 2001.
Isl James P. Hansen
Is! Doris J. Hansen
Published officially in the Telegraph Herald
newspaper this 25th day of June, 2001.
Jeanne F. Schneider, City Clerk
11 6/25
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 finai
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Star Development LLC - End of Raven Oaks
Drive - PUD Amendment: Proof of publication
on notice of hearing to consider amending an
existing PUD Planned Unit Development with a
PR Planned Residential District designation 10
allow a 62 unit senior apartment building on
property located at the end of Raven Oaks
Drive, presented and read. Buol moved that the
proof be received and filed. Seconded by
Markham. Carried by the following vote: Yeas-
Duggan, Markham, Michaiski, Nicholson,
Robbins, Buoi. Nays-Giine.
202
Regular Session, June 18, 2001
Perry Heranda of Star Development, 6735
Vista Green Way, Rockford IL spoke of their
proposed housing development. Jim Schwers,
formerly of Dubuque and now of Tulsa, OK
spoke requesfing a road be bjJilt from Raven
Oaks to Carter Rd. Merlin Langkamp, 2977
Wildwood, spoke objecting to the additional
drainage water being added to the 32" St.
detention basin. Rita Wiebersch of 2675 Raven
Oaks, spoke objecting to the proposed
development stating that Raven Oaks is not
wide enough. Bemle Hefel spoke stating that a
road should be built between Raven Oaks and
Carter Road, also that Raven Oaks shouid be
widened and parking again be added to the
street.
An Ordinance Amending Appendix A (The
Zoning Ordinance) of the City of. Dubuque Code
of Ordinances by amending the conceptual
development plan for Raven Oaks Senior
Apartments located at the end of Raven Oaks
Drive and currentiy zoned PUD Planned Unit
Development District with a PR Planned
Residential Designation, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO, 35-01
AN ORDINANCE AMENDING APPENDIX A
-(THE ZONtNG ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING THE CONCEPTUAL DEVELOP-
MENT PLAN FOR RAVEN OAKS SENIOR
APARTMENTS LOCATED AT THE END OF
RAVEN OAKS DRIVE AND CURRENTLY
ZONED PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PR PLANNED RESI-
DENTIAL DESIGNATION.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by amending the conceptual
development plan for hereinafter described
property located at the east end of Raven Oaks
Drive and currentiy zoned PUD Planned Unit
Development District with a PR Planned
Residential designation, and adopting a new
conceptual development plan, a copy of which is
attached to and made a part hereof, for Raven
Oaks Senior Apartments as stated below, to wit:
All of Oak Brook Development and all of Oak
Brook Townhouses, and to the centerline of the
adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, 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 Reauiations.
The following regulations shall apply to ail
uses made of land in the above described PUD
District:
1) Principal permitted uses shall be limited to a
62-unit, three story senior apartment building.
2) Accessory uses shall include any use
customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Reaulations.
Development of land in the PUD District shall be
reguiated as follows:
1 )The proposed senior apartment
development shall be constructed in substantial
compliance with the attached conceptual
development plan.
2) Maximum building height shall be 35 feet.
C. Performance Standards.
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
1) Raven Oaks Drive shall be extended and a
cul-de-sac constructed In accordance with City
standards and specifications.
2) Adequate erosion control shall be provided
during all phases of construction.
3) Off-street parking shall be provided as
shown on the approved conceptual plan.
4) Sidewalks shall be provided adjoining all
public streets.
5) Storm water control facilities will be installed
as per City Engineering requirements.
6) Final site deveiopment plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of any
buildings.
D. 00 en SOElceand Recreational Areas
Open space and landscaping in the PUD
District shall be regulated as follows:
Those areas not designated on the conceptuai
development plan shall be maintained as open
space, as defined by Section 8 of the Zoning
Ordinance by the property owner and/or
association.
E. Sian Reaulations.
Signs in the PUD District shall be regulated in
accordance with the R-3 sign regulations of the
Zoning Ordinance.
F. Transfer of Ownershio
Transfer of ownership or lease of property in
this PUD District shall inciude in the transfer or
lease agreement a provision that the purchaser
or lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
G. Reclassification of Subiect Prooertv.
The City of Dubuque, Iowa, may initiate zoning
reclassification proceedings to the R-1 Single-
Regular Session, June 18, 2001
203
.
Family District in accordance with Section 6 of
the Zoning Ordinance if the property owner(s)
fail(s) to complete or maintain any of the
conditions of this ordinance.
H. Modifications. _
Any modifications 6f this Ordinance must be
approved by the City Council in accordance with
zoning reciassification proceedings of Section 6
of the Zoning Ordinance.
I. Recordina.
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
after the adoption of this ordinance. This
ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by law.
Passed, approved and adopted this 18" day of
June, 2001.
Terrance M. Duggan, Mayor
ATTEST: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 35-01
We. Jack Felderman, representing Felderman
Business Associates, Tom Tully, representing
Dubuque Lumber Company, Milton A. Avenarius
and Janet O. Avenarius, as property owners,
and James O. Teeter, Jr., representing the
applicant (contract purchaser), Star
Development, LLC, having read the terms and
conditions 01 the foregoing Ordinance No. 35- 01
and being familiar with the conditions thereof,
hereby accept the same and agree to the
conditions required therein.
Dated this 18th day of June, 2001.
Felderman Business Associates,
an Iowa Partnership
Isl Jack Feiderman, Authorized Signatory
Dubuque Lumber Company, an Iowa
Corporation
Isl Tom Tully, ils President
Isl Milton A. Avenarius, Individually
Isf Janet O. Avenarius, individually
Star Development, LLC, a Delaware
Limited Liability Company
Isl Jemes O. Teeter, Jr., Its Authorized
Representative
Published officially in the Telegraph Herald
newspaper this 13'h day of July, 2001.
Jeanne F. Schneider, City Clerk
lt 7/13
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
.
.
Seconded by Markham. Carried by the following
vote: Yeas-Duggan, Markham, Michaiski,
Nicholson, Robbins, Buol. Nays-Cline.
Text Amendment - City of Dubuque: Prool of
publication on notice of hearing to consider a
text amendment as requested by the City of
Dubuque to allow the keeping of horses as an
accessory use, presented and read. Buol moved
that the proof be received and filed. Seconded
by Nicholson. Carried by the following vote:
Yeas-Cline, Duggan, Markham, Nicholson,
Robbins, Buol. Nays-Michalski.
An Amending Appendix A (the Zoning
Ordinance) of the Code of Ordinances City of
Dubuque, Iowa by amending Section 3-1.1(D)
Conditional Uses to the R-1 Single-Family
Residential District to allow the keeping of
horses or ponies as a conditional use and
amending Section 8 Definitions by adding
definitions for horse and pony, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY AMENDING SECTION
3-1.1(0) CONDITIONAL USES FOR THE R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT TO
ALLOW THE KEEPING OF HORSES OR
PONIES AS A CONDITIONAL USE AND
AMENDING SECTION 8 DEFINITIONS BY
ADDING DEFINITIONS FOR HORSE AND
PONY.
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 the
keeping of horses and ponies as a conditional
use to a single-family residential district as
follows:
"3.1.1 (0)(4): Keeping of horses or ponies
provided that:
a) A minimum of two acres of property is
avaiiable for the first animal;
b) A minimum of 1.5 acres of property is
availabie for an additional animal, up to a
maximum of two animals; and
c) A shelter 01 at least 150 square feet and
enclosed on at least three sides shall be
provided on the property."
Section 2. Appendix A of the Zoning
Ordinance 01 the City Df Dubuque Code of
Ordinances is hereby amended adding a new
definition to Section 8 as follows:
Horse: A large solid-hoofed herbivorous
mammai (squus caballus, lamily Equidae, the
204
Regular Session, June 18, 2001
horse family) domesticated since a prehistoric
period and used as a beast of burden, a draft
animal, or for riding.
Pony: A small horse, especially one of any of
several breeds of very small ;;tocky animals,
noted for their gentleness and endurance.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 25th day of June, 2001.
Jeanne F. Schneider, City Clerk
11 6/25
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. Carried by the following
vote: Yeas-Cline, Duggan, Markham,
Nicholson, Robbins, Buol. Nays-MichalskI.
Fiora and Sutton Pools Water Playground -
Award Contract: Proofs of publication on notice
of hearing on plans and specifications and
notice to bidders on the receipt of bids, and City
Manage, recommending award of the contract
for the Flora and Sutton Pools Water
Playgrounds to Portzen Construction in the
amount of $725,021, presented and read.
Markham moved that the proofs and
communication be received and filed. Seconded
by MichalskI. Motion carried 6-0. (Nicholson left
the Chambers briefly.)
RESOLUTION NO. 270-01
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 7'h day of May, 2001,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the FLORA AND SUTTON
POOLS WATER PLAYGROUND CONSTRUC.
TION 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, approved and adopted this 18'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6.0.
(Nicholson left the Chambers briefly).
RESOLUTION NO. 271-01
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the FLORA AND
SUTTON POOLS WATER PLAYGROUNDS
CONSTRUCTION PROJECT pursuant to
Resolution No. 184-01, and notice to bidders
published in a newspaper pUblished In the City
of Dubuque, Iowa, on the 11th day of May, 2001.
WHEREAS, said sealed proposals were
opened and read on the 5'h day of June, 2001,
and it has been determined that the bid of
PORTZEN CONSTRUCTION, in the amount of
$725,021.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to PORTZEN CONSTRUCTION,
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 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by MichalskI. Motion carried 6-0.
(Nichoison left the Chambers briefly).
Traffic Signal Efficiency Program - Award
Contract: Proofs of publication on notice of
hearing on plans and speCifications and notice
to bidders on the receipt of bids, and City
Manager recommending award of the contract to
Brown Traffic Products, Inc., in the amount of
$239,786, presented and read. Michalski moved
that the proofs and communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
Regular Session, June 18, 2001
205
.
RESOLUTION NO. 272-01
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16'" day of May, 2001, plans,
specifications, form 9f contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Traffic Signal Efficiency Program.
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 tor said project.
Passed, adopted and approved this 18'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
.
RESOLUTION NO. 273-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Traffic Signal
Efficiency Program pursuant to Resolulion No.
229-01 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 25'" day of May, 2001.
Whereas, said sealed proposals were opened
and read on the 6th day of June, 2001, and it
has been determined that the bid of Brown
Traffic Products, Inc. in the amount of
$239,786.00 was the lowest bid lor the
furnishings of all LED fixtures 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 Brown Traffic Products, 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 16'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
.
Markham moved that the rule be reinstated
limiting discussion to the Council. Seconded by
Robbins. Motion carried 7-0.
ACTION ITEMS
Toughman Contests - Five Flags; City
Manager submitting a communication from
Leisure Services Manager Gil Spence which
provides background information on Toughman
Contests at the Five Flags Center, Lydia
Robertson, Market Coordinator for AdoreAble
Promotions, Inc., submitting additional
information and references, presented and read.
Markham moved to receive and file the
communications and revoke the present
Ordinance prohibiting such contests. Seconded
by Buol. Carried by the following vote: Yeas-
Cline, Duggan, Markham, Robbins, Buol.
Nays-Michalski, Nicholson.
Greater Dubuque Development Corporation:
Communication from Rick Dickinson, Executive
Director of the Greater Dubuque Development
Corporation, regarding appointments to GDDC's
Board.ot Directors. Current Board members are
Mayor Terry Duggan, Council Members Dan
Nicholson and Patricia Cline, and City Manager
Michael Van Milligen, presented and read.
Markham moved that the same members and
City Manager be reappointed. Seconded by
Suo!. Motion carried 7-0.
Pinto Ridge Subdivision - Prelirninary Plat:
Zoning Advisory Commission advising of their
approval of the preliminary plat 01 Pinto Ridge
Subdivision in Dubuque County, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7 -0.
RESOLUTION NO. 274-01
RESOLUTION APPROVING THE PRELIMI-
NARY PLAT OF PINTO RIDGE SUBDIVISION
IN DUBUQUE COUNTY
Whereas, there has been filed with the City
Clerk a preliminary plat of Pinto Ridge
Subdivision in DUbuque County; and
Whereas, said plat represents property
proposed for annexation 10 the City at Dubuque;
and
Whereas, said plat has been examined by the
Zoning Advisory Commission and they find it
con1orms to the statutes and ordinances relating
thereto, with the exception of private septic
systems; and
Whereas, said plat has been examined by the
City Council and they find that it conforms to the
statues and ordinances relating thereto, with the
exception of private septic systems.
206
Regular Session, June 18, 2001
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That Section 42-22(a) of the
Subdivision Regulations is waived to allow
installation of private septic systems and a
capped sanitary sewer system with the
necessary easements for future connection to
City sanitary sewer in accordance with City
policies and ordinances.
Section 2. That the preliminary plat of Pinto
Ridge Subdivision is hereby approved, and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said plat.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 7-0.
Amendment to Demolition Districts: City
Manager recommending an amendment to the
Code of Ordinances regarding Demolition
Districts to provide standards for Historic
Preservation Commission and Council to use
when evaiuating a demolition request in a
demolition district, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending Section 11-4 of the
City of Dubuque Code of Ordinances regarding
demolition permits in demolition districts,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-01
AN ORDtNANCE AMENDING SECTION 11-4
OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, WAITING PERIOD FOR
DEMOLITION PERMITS, BY AMENDING THE
SECTION TITLE TO DEMOLITION PERMITS
IN DEMOLITION DISTRICTS; BY AMENDING
SECTION 11-4(a) APPLICATION OF
SECTION; BY AMENDING SECTION 11-4(b)
REVIEW BY THE HISTORIC PRESERVATION
COMMISSION; BY AMENDING SECTION 11-
4(c) HISTORIC AND ARCHITECTURAL
GUIDELINES AND REVIEW CRITERIA; BY
ADDING A NEW SECTION 11-4(d)
ECONOMIC GUIDELINES AND REVIEW
CRITERIA; AND BY ADDING A NEW
SECTION 11-4(e) ACTION BY THE CITY
COUNCIL.
Whereas, the City of Dubuque has established
demolition districts to aliow for the City Council's
review of demolition permits that might impact
buildings of historic or architectural significance
in such districts; and
Whereas, the City Council has appointed the
Historic Preservation Commission to serve as an
advisory review board for demolition permits in
such districts; and
Whereas, the City Council desires to have
review standards for the approval or deniai of
demolition permits in such districts.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The section titie to Section 11-4 of
the City of Dubuque Code of Ordinances is
hereby amended to read as follows; Demolition
Permits in Demolition Districts.
Section 2. The opening paragraph of Section
11-4(a) of the City of Dubuque Code of
Ordinances Is hereby amended to read as
follows:
11-4(a) Application of Section: The provisions
of this Section shall apply to all buildings located
in whoie or in part within the following described
demolition districts:
Section 3. Section 11-4(b) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
11-4(b) Review by the Historic Preservation
Commission. Upon receiving an application for a
demolition permit for any building subject to this
section, the building official shall immediately
notify the Historic Preservation Commission of
such application.
At its next regular meeting, the Commission
shall recommend to the City Council approval or
denial of the application, or table the application
for additional information for a specified period
not to exceed sixty (60) days from the date of
application to the Building Services Department.
A failure of the Commission to take action on the
application within the sixty (60) day period,
unless the applicant requests an extension of
such time, shall constitute Commission approval
thereof. The recommendation of the
Commission shall be transmiffed to the City
Clerk. The City Clerk shall transmit the
recommendation and the application within the
sixty (60) day period to the City Council for its
consideration.
The Commission shall review all of the
information submitted by the applicant and shall
make a determination as to the following:
(1) Whether the building proposed for
demolition has historic or architectural
significance to the community; and
(2) Whether deniai of the proposed demolition
permit would prevent the property owner from
earning a reasonable economic return on the
property.
If the Commission finds that denial of the
application would prevent the property owner
from earning a reasonable economic return on
the property, or that the building does not have
any historical or architectural significance to the
Regular Session, June 18, 2001
207
.
community, the Commission shall recommend
approvai of the application.
If the Commission finds that denial of the
application would not prevent the property owner
from earning a reasqnable economic return on
the property and that the building has historicai
or architectural significance to the community,
the Commission shall recommend denial of the
permit application.
Section 4. Section 11-4(c) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
11-4(c) Historic and architectural significance
guidelines and review criteria. The report,
"Heritage of Dubuque" dated March 1974 and
filed on record on January 27, 1975, shall be
considered as a comprehensive study for the
historical preservation of the city and as one of
the guides to be considered at such time as a
demolition permit is applied for in a reference
demolition district. The City of Dubuque's
Historic Property Inventory and any subsequent
official architectural I historical surveys /
evaluations and nominations to the National
Register of Historic Places prepared for any
buildings located within the neighborhoods
described in subsection (a) also shall be
considered as guidelines at such time.
In determining whether a building has historic or
architectural significance. the Commission and
the City Council shall consider an application for
a demolition permit in accordance with the
standards for review set forth in the Secretary of
the Interior's Standards for Identification and
Evaluation, and any subsequent revisions of
these standards and guidelines by the Secretary
of the Interior. The Commission and the City
Council shall also consider a determination from
the State Historical Society of Iowa as to the
potential eligibility for listing of the building
proposed for demolition on the Nationai Register
of Historic Places.
Section 5. Section 11-4 of the City of
Dubuque's Code of Ordinances is hereby
amended by adopting the following new
subsection 11-4(d):
11-4(d) Economic Guidelines and Review
Criteria. In determining whether to recommend
approval or deniai of the application, the
Commission and the City Council may consider
the information set forth in this subsection. The
Commission and the City Council may also
investigate strategies which would allow the
property owner to earn a reasonable economic
return on the property, may solicit expert
testimony, and may require that the appiicant
make submissions concerning any or all of the
following information:
(1) Estimate of the cost of the proposed
demolition;
(2) A report from a licensed engineer or
architect with experience in rehabilitation as to
.
.
the structural soundness of any structures and
their suitability for rehabilitation;
(3) Estimated market value of the property in
its current condition, after completion of the
proposed demolition, and after renovation of the
existing property for continued use;
(4) An estimate from an architect, deveioper,
real estate consultant, appraiser or other real
estate professional experienced in rehabilitation,
as to the economic feasibility of rehabilitation or
reuse of the existing structure on the property;
(5) The amount paid for the property, the date
of purchase and the person from whom the
property was purchased, including a description
of the relationship, if any, between the owner of
record or the appiicant and the person from
whom the property was purchased, and any
terms of financing between the seller and buyer;
(6) If the property is income-producing, the
annual gross income from the property for the
previous two (2) years;
(7) Itemized operating and maintenance
expenses for the previous two (2) years, and the
depreciation deduction and annual cash flow
before and after debt service, if any, during the
same period;
(8) The remaining balance on any mortgage or
other financing secured by the property and
annual debt service, if any, for the previous two
(2) years;
(9) Ail appraisals obtained within the previous
two (2) years by the owner or applicant in
connection with the purchase, financing or
ownership of the property;
(10) Any iisting of the property for sale or rent,
the price asked and offers received, if any,
within the previous two (2) years;
(11) The assessed value of the property
according to the two (2) most recent
assessments;
(12) The amount of real estate taxes for the
previous two (2) years and whether or not they
have been paid;
(13) The form of ownership or operation of the
property, whether sole proprietorship, for-profit
or not-for-profit corporation, limited partnership,
joint venture or other;
(14) Any other information considered
necessary by the Commission to make a
determination as to whether the property does or
may yield a reasonable economic return to the
property owner(s), including but not limited to
the income tax bracket of the owner(s) or
applicants or the principai investor(s) in the
property;
(15) Proof of the applicant's efforts to obtain
financing, tax incentives, preservation grants
and other incentives sufficient to allow the
applicant to earn a reasonable economic return
from the property in its current condition, and
after renovation of the existing property for
continued use; and
208
Regular Session, June 18, 2001
(16) A showing of the applicant's efforts in
ongoing maintenance and repair.
Section 6. Section 11-4 of the City of
Dubuque's Code of Ordinances is hereby
amended by adopting the, following new
subsection 11-4( e):
11-4( e) Action by the City Council. At its next
regular meeting following receipt of the
recommendation of the Commission by the City
Cierk, the City Council shail hold a hearing on
the application for a demolition permit and shall
approve, deny or withhold action on the
application for a specified period not to exceed
ninety (90) days from the date of application to
the Building Services Department, unless the
applicant requests an extension of such time. If
the City Council fails to take action to approve,
deny or withhoid action on the application within
the ninety (90) day period, or such extension as
requested by the applicant, the buiiding officiai
shall issue the permit forthwith.
The City Council may withhold action on the
application to allow the City Councii and the
Commission an opportunity to investigate the
historical or architectural value of the building to
the community and to take such action as may
be appropriate to encourage its preservation.
However, nothing in this section shall authorize
the withholding by the building official of a
demolition permit for more than ninety (90) days
from the date of application to the Building
Services Department, unless the applicant
requests an extension.
At the hearing, the City Council shail consider
the recommendation of the Commission, any
information submitted to the Commission by the
applicant and any information submitted to the
City Councii by the applicant.
If the City Council finds that denial of the
application would prevent the property owner
from earning a reasonable economic return on
the property or that the building does not have
any histoncal or architectural significance to the
community, the City Council shall approve the
application.
If the City Council finds that denial of the
application would not prevent the owner from
earning a reasonable economic return on the
property and that the building has historical or
architectural significance to the community, the
City Council shall deny the application.
If the City Council denies the application, it
shall state its findings in writing and shail
transmit a copy of such findings to the applicant.
Section 7. This ordinance shall not apply to an
application for a demolition permit for the
building located at 841-846 Central Avenue.
Section 8. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 18" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 25" day of June, 2001.
Jeanne F. Schneider, City Clerk
1t6/25
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 Michaiski. Motion earned 7-0.
2763 Balke Street - Construction Ordinance:
City Manager recommending approval of a
request from Mrs. Marcella M. Travis to install a
retaining wail in City right-of-way at 2763 Balke
Street, presented and read. Buoi moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0
An Ordinance Authorizing Marcella M. Travis
to construct an approximate 3 V. foot retaining
wall seven feet from back-of-curb at 2763 Balke
Street, Dubuque, Iowa, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-01
AN ORDINANCE AUTHORIZING MARCELLA
M. TRAVIS TO CONSTRUCT AN APPROXI-
MATE 3-112' RETAINING WALL 7' FROM
BACK-OF-CURB AT 2765 BALKE STREET,
DUBUQUE, IOWA
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Marcella M. Travis as the
owner of the premises known as 2763 Balke
Street, Dubuque, Iowa, and iegaily described as
Lot 57 Belmont Division, City of Dubuque,
Dubuque County, Iowa, be and she is hereby
granted the revocable permit and authority to
construct and maintain a 3-1/2' retaining wall
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 permittee 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 permittee's
agreement to:
a. Assume any and all liability for damages to
persons or property which may result from the
existence, location, installation, construction or
maintenance of said 3-1/2' retaining wall; and
Regular Session, June 18, 2001
209
.
b. Procure and maintain in force dunng the
term of this permit a policy of liability insurance
as set forth in the attached Insurance Scheduie;
and
c. Pay on behalf 0.1 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 3-1/2 foot retaining wall
sustained by any person or persons, caused by
accident or otherwise to defend at its own
expense and on behalf of said City any ciaim
against the City of Dubuque arising out of the
location, installation, existence, construction or
maintenance of 3-1/2 foot retaining wall and to
pay reasonable attorney lees therefor; and
d. Indemnify, defend and hold the City of
Dubuque free and harmless from any and all
claims, ioss, liability and expense for death
andlor injuries to third persons or damages to
property of third persons, or for damage to any
property of the City of Dubuque which may
occur as a result of or in connection with the
location, installation, existence, construction,
maintenance and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission herein granted
is expressly conditioned upon permittee's further
agreement that should the right and privilege
herein granted be rescinded or revoked by the
City Council, permittee. 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 three-foot retaining wall
and in the event of their faiiure to do so, the City
of Dubuque shall be authorized to remove said
3-112 foot retaining wall retaining wall at
permittee's expense and dispose of the same,
and the permittee shall have no claim against
the City or its agents for damages resulting from
the remo.val 01 said 3-1/2 foot retaining wall.
Section 5. That permittee covenants and
agrees that the revocable permit herein granted
does not constitute an approval of the design,
erection, location, construction, repair Of
maintenance of said facility and said permittee
hereby covenants and agrees not to assert such
claim or defense against the City of Dubuque in
the event of ciaim asserted for death, personal
injunes andlor property damage against the
permittee arising out of or in any way connected
with the iocation, installation, construction,
design, repair and maintenance of the facility
herein permitted.
Section 6. This Ordinance shall become
effective and the rights hereunder accrue to
Marcella M. Travis when this Ordinance has
been adopted by the City Councii and the terms
.
.
and conditions thereof accepted by permittee by
acceptance endorsed on this Ordinance.
Section 7. That the City Clerk be and she is
authorized and directed to file at permittee's
expense a copy of this ordinance in the Office of
the Recorder in and for Dubuque County, Iowa.
Section 8. Iowa One-Call registration is
required by State Law and can be accompiished
by calling 1-800-292-8989 and asking for
Sharon Deyo. Submit documentation to the City
Engineering Division of One-Call membership
when received.
Passed, approved and adopted this 18th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 38-01
The undersigned having read and being
familiar with the terms and conditions of
Ordinance No. 38-01, hereby, for themself, their
successors or assigns, as owner of the abutting
property, accept the same and agree to be
bound by the conditions and agreements therein
contained to be performed by permittee.
By: Isl Marcella M. Travis
Title: Property Owner
Dated: 05/17/01
Published officially in the Telegraph Herald
newspaper this 25th day of June, 2001.
Jeanne F. Schneider, City Clerk
11 6/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on tor 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.
Hartig Drug Company - 2225 Central Avenue
Construction Ordinance: City Manager
recommending approval of a request from Hartig
Drug Company, 2225 Centrai, to install a canopy
within the City right-oj-way, presented and read.
Markham moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Authorizing Hartig Reaity IV,
L.C. to install a canopy at 2225 Centrai Avenue,
Dubuque, Iowa, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-01
AN ORDINANCE AUTHORIZING HARTIG
REALTY IV, L.C. TO CONSTRUCT A CANOPY
AT 2225 CENTRAL AVENUE, DUBUQUE,
IOWA
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, June 18, 2001
211
.
request from Judith Bakey-Rahe to place a
retaining wall within City right-of-way at 2570
Green Street, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Njcholson. Motion carried 7-
O. ..
An Ordinance Authorizing Judith Bakey-Rahe
to construct a three-foot retaining wall at 2570
Green Street, Dubuque, Iowa, presented and
read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-01
AN ORDINANCE AUTHORIZfNG JUDITH C.
BAKEY-RAHE TO CONSTRUCT A THREE-
FOOT RETAINING WALL AT 2570 GREEN
STREET, DUBUQUE, IOWA
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE,10WA:
Section 1. That Judith C. Bakey-Rahe as the
owner of the premises known as 2570 Green
Street, Dubuque, Iowa, and legally described as
Lot 1-1-1-1-2-11-2 J.P. Mettel, City of Dubuque,
Dubuque County, Iowa, be and she is hereby
granted the revocable permit and authority to
construct and maintain a three-foot retaining wall
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 permittee and approved by the City
Manager, under the supervision and direction of
the City Manager, and in accordance with all
applicabie state and federal laws and
regulations, and the Ordinances of the City of
Dubuque.
Section 3. That the permission herein granted
is expressly conditioned on permittee's
agreement to:
a. Assume any and all liability for damages to
persons or property which may result from the
existence, location, installation, construction or
maintenance of said three.foot retaining wall;
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 three-foot retaining wall
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 three-foot retaining wall and to
pay reasonable attorney fees therefor; and
d. Indemnify, defend and hoid the City of
Dubuque free and harmiess from any and all
claims, loss, liability and expense for death
and/or injuries to third persons or damages to
property of third persons, or for damage to any
property of the City of Dubuque which may
occur as a result of or in connection with the
location, installation, existence, construction,
maintenance and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission herein granted
is expressly conditioned upon permittee's further
agreement that should the right and privilege
herein granted be rescinded or revoked by the
City Council, permittee, 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 three-foot retaining wall
and in the event of their failure to do so, the City
of Dubuque shall be authorized to remove said
three-foot retaining wall at permittee's 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
three-foot retaining wall.
Section 5. That permittee covenants and
agrees that the revocable permit herein granted
does not constitute an epproval of the design,
erection, location, construction, repair or
maintenance of said facility and said permittee
hereby covenants and agrees 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
permittee 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
Judith C. Bakey-Rahe when this Ordinance has
been adopted by the City Council and the terms
and conditions thereof accepted by permittee by
acceptance endorsed on this Ordinance.
Section 7. That the City Clerk be and she is
authorized and directed to file at permittee's
expense a copy of this ordinance in the Office of
the Recorder in and for Dubuque County, Iowa.
Section 8. Iowa One-Call registration is
required by State Law and can be accomplished
by calling 1-800-292-8989 and asking for
Sharon Deyo. Submit documentation to the City
Engineering Division of One-Call membership
when received.
Passed, approved and adopted this 18th day
of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 40-01
212
Regular Session, June 18, 2001
The undersigned having read and being
familiar with the terms and conditions of
Ordinance No. 40.01, hereby, for themseives,
their successors or assigns, as owner of the
abutting property, accept the sar;ne and agree to
be bound by the conditions and agreements
therein contained to be performed by permittee.
By: Isl Judith C. Bakey-Rahe
Title: Property Owner
Dated: June 4, 2001
Published officially in the Telegraph Herald
newspaper this 25~ day of June, 2001.
Jeanne F. Schneider, City Clerk
11 6/25
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Councii Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved finai
consideration and passage of the Ordinance.
Seconded by Nichoison. Motion carried 7-0.
Establishment of Bus Parking on Third Street -
Iowa Welcome Center: City Manager
recommending establishment of a bus parking
area on Third Street for the Iowa Welcome
Center, presented and read. Robbins moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7.0.
An Ordinance Amending the City of Dubuque
Code of Ordinances by repealing Section 32-
265 and enacting a new Section 32.265,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-01
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 32-265 AND
ENACTING A NEW SECTION 32-265.
NOW, THEREFORE BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, lOW A:
Section 1. Sec. 32-265 of the City of Dubuque
Code of Ordinances is repealed and a new
Section 32-265 is enacted as follows:
32-265 Bus stops or passenger zones
Where spaces have been set apart by signs or
marking for bus stops or passenger zones, it
shall be unlawful for the operator of any vehicle,
other than a bus, to stand or park in any officially
designated bus stop, except that the operator of
any passenger vehicle may temporarily stop in
any such bus space or stop for the purpose of
and while actually engaged in the loading or
unloading of passengers.
Between the hours of six o'clock (6:00) P.M. to
six o'clock (6:00) A.M., Monday through
Saturday, all day Sunday, and on those holidays
set forth in section 32-335 of this article, it shall
be lawful for the operator of any motor vehicle to
stand or park in the following downtown bus
stops or passenger zones;
(1) Ninth Street, south side, Main Street, west
to the Alley.
(2) Main Street, west side, Ninth Street to
Tenth Street.
(3) Third Street, north side, Main Street west
to the Alley.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 18'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Published officiaily in the Teiegraph Herald the
25th day of June, 2001.
Jeanne F. Schneider, City Clerk
11 6/25
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.
Municipal Parking Lot #1 - Residential Permit
Parking for Iowa Inn Development: City Manager
recommending establishment of a residential
permit parking area in Municipal Parking Lot #1,
located at Ninth and Iowa Streets, for the Iowa
Inn Development Project, presented and read.
Robbins moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 32.339 Establishing
Residential Permit Parking in Municipal Lot #1,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-01
AN ORDtNANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES SEC.
TION 32-339 ESTABLISHING RESIDENTtAL
PERMIT PARKING IN MUNICIPAL LOT #1
NOW, THEREFORE BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Sec. 32-339 (b) of the City of
Dubuque Code of Ordinances is amended by
adding paragraph (4) as follows:
(4) In the case of municipal lot #1, one
residential permit per unit, up to twenty-seven
(27) permits may be Issued to person's whose
principal address is listed as the Cornerstone
Place located at 9th & Iowa.
Section 2. This ordinance shall take effect
upon publication.
Regular Session, June 18, 2001
213
.
Passed, approved and adopted this 18TH day
of June. 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Published offiCi'}W, in the Telegraph Herald
newspaper this 25 day of June, 2001.
Jeanne F. Schneider, City Clerk
1t 6/25
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.
Freedom, Inc.lCity of Dubuque: City Manager
recommending approval of an Agreement for
Post-Lease Mutual Option by. the City and
Freedom, Inc. with respect to the property
located on Salina St., presented and read.
Markham moved that the communication be
received and filed and recommendation
approved. Seconded by Buol. Motion carried 7-
O.
.
Cabie Television Franchise: City Manager
recommending approval of the transfer of the
AT&T Broadband (TCI of Iowa, Inc.) Dubuque
cable television franchise to MCC Iowa LLC,
presented and read. Robbins moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
.
RESOLUTION NO. 275-01
A RESOLUTION OF THE CITY OF DUBUQUE
CONSENTING TO THE TRANSFER OF AN
EXISTING CABLE TELEVISION SERVICES
FRANCHISE TO MEDIACOM COMMUNI-
CATIONS, INC.
Whereas, A T & T Broadband, d/bla TCI of
Iowa, Inc. Is the current holder of a Cable
Television Services franchise granted October 1,
1981 by Ordinance No. 42-81, and
Whereas, AT & T Broadband desires to sell its
Dubuque cable system and transfer its Dubuque
franchise to MCClowa LLC, an affiliate of
Mediacom Communications, Inc. and in
accordance with Ordinance No. 42-81 has
requested the consent of the Dubuque City
Councii to the transfer; and
Whereas, City staff, with the assistance of
consulting attorneys and accountants, have
reviewed the legal, technical and financial
qualifications of MCClowa LLC to operate the
Dubuque system, and have negotiated terms of
a franchise transfer agreement to protect and
continue the requirements and benefits of the
franchise and several related side agreements in
the transfer,
Whereas, MCClowa LLC agrees to honor and
perform the requirements of the existing cable
television franchise and the related side
agreements, and to enter into timely and good
faith negotiations regarding renewal of the
franchise.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the transfer of the Cable
Television Services Franchise from TCI of Iowa
Inc. to MCClowa LLC is hereby consented to. '
Section 2. That the attached Franchise
Transfer Agreement is hereby approved and the
City Manager is authorized to sign and
administer this agreement on behalf of the City
of Dubuque.
Passed, approved and adopted this 18'h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Downtown Rehab Loan Commitment - 378
Main Street: City Manager recommending
approval of a Downtown Rehab Loan
Commitment to Clark Wolff for property iocated
at 378 Main Street, presented and read.
Robbins moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 276-01
A RESOLUTION AUTHORIZING A LETTER
OF COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A DOWNTOWN
REHABILITATION LOAN TO CLARK WOLFF
FOR PROPERTY AT 378 MAIN STREET,
Whereas, the City of Dubuque, Iowa, has
created a Downtown Rehabilitation Loan
. Program for the purpose of stimuiating
reinvestment in the Downtown Dubuque Urban
Renewal District; and
Whereas, the City of Dubuque, Iowa is
encouraging the use of this Joan program to
finance code compliance activities and to spur
job creation activities; and
Whereas, the loan application from Clarke
Woiff for property at 378 Main Street meets the
requirements of this program; and
Whereas, a Commitment Letter, hereto
attached and by this reference made a part
hereof, sets forth the terms and conditions of
Clark Woiff'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 Clark Wolff
for participation in the Downtown Rehabilitation
214
Regular Session, June 18, 2001
Loan Program is hereby accepted and
approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the City
Council of the City of Dubu,que, Iowa, the
attached Commitment Letter and to forward said
letter to Clark Wolff 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
Councii 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 June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Storm Water Detention Basin: City Manager
recommending estabiishment of the Fair Market
Value for the acquisition of property for the
purpose of constructing a storm water detention
facility, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 277-01
ESTABLISHING FAIR MARKET VALUE FOR
THE ACQUISITION OF CERTAIN REAL
PROPERTY OWNED BY IOWA NORTHWEST
DEVELOPMENT COMPANY IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to
acquire certain real property owned by Iowa
Northwest Development Company (Owner),
legally described as follows: (the Property):
Lots 1, 2, 3 and 4 of Carter Valley West in the
City of Dubuque, Dubuque County, Iowa
for the purpose of constructing a storm water
detention facility;
And Whereas, Iowa law requires that City must
make a good faith effort to negotiate with the
Owner to purchase the Property or property
interest before proceeding with condemnation:
And Whereas, City may not make an offer to
purchase the Property which is less than the fair
market value City has established for the
Property;
And Whereas, City has caused an appraisal of
the Property to be made and the appraised
value of the Property is $72,000.00.
. And Whereas. the City Council now desires to
establish the fair market value of the Property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Property is
hereby established to be $72,000.00.
2. The City Manager and the Corporation
Counsel are hereby authorized to commence
negotiations with the Owner of the Property and
any other interested parties for the purchase of
the Property for a purchase price which is not
less than the fair market value established by
this Resolution.
Passed, approved and adopted this 18" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michaiskl commented upon a glitch in the
storm warning system during the recent hail
storm. Markham gave an update on departing
Airport Manager Kraemer and the process of
recruitment for his replacement.
ITEMS TO BE SET FOR PUBLIC HEARING
CDBG Curb Ramp Installation Program No.2
- Initiate: City Manager recommending initiation
of the bidding process for the CDBG Curb Ramp
installation Program #2 and that a public hearing
be set for July 16, 2001, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 278-01
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 2001 Curb
Ramp Installation - CDBG Project #2 in the
estimated amount of $31,694.58, are hereby
approved and ordered filed in the office of the
City Clerk for publiC inspection.
Passed, adopted and approved this 18" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 279-01
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Regular Session, June 18, 2001
215
.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approvai 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 2001 Curb Ramp Installation - CDBG
Project #2.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 16'h day of July, 2001, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium, at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and piace 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, adopted and approved this 18'h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City ClerK
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
.
RESOLUTION NO. 280-01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the 2001 Curb Ramp Installation - CDBG
Project #2 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 5'h day of July, 2001. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 16th day of July, 2001.
Passed, adopted and approved this 18" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Voluntary Annexation - W.C. Stewart: City
Manager recommending that a public hearing be
set for July 2, 2001 to consider the voiuntary
annexation request of W.C. Stewart for property
iocated at 8000 Old Highway Road, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 281-01
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF DUBUQUE,
IOWA, CONCURRENT WITH REZONING
FROM COUNTY R-1 RURAL RESIDENTIAL
TO CITY R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT ZONtNG DISTRICT.
Whereas Wayne Stewart, property owner, has
voluntarily petitioned for annexation of
approximately 25 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 Lot 2, except the west 20 acres
thereof, of Mason Cate Estates Section 36,
T89N, R2E of the 5'h P.M. in Dubuque County.
Section 2. The territory hereby annexed shall
become a part of the 7th Precinct of the 2nd
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 18'h day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resoiution
and further set this matter for Public Hearing on
7-2-01 at a meeting to commence at 6:30 P.M.
in the Public Library Auditorium and direct the
City Clerk to publiSh notice in the manner
216
Regular Session, June 18, 2001
prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
Vaca1ing of Eighth Street: City Manager
recommending that a public h9ilring be set for
July 2 2001 to consider the vacating of Eighth
Street between Central Avenue and iowa Street
at the request of Dubuque County for expansion
of the Dubuque Law Enforcement Center,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO, 282-01
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED 8th STREET
BETWEEN CENTRAL AVENUE AND IOWA
STREET
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated June 13, 2001, prepared by IIW Engineers
& Surveyors, P.C., describing the proposed
vacated portion of 8th Street between Central
Avenue and Iowa Street; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated June 13, 2001,
prepared by IIW Engineers and Surveyors, P .C.
relative to the real estate hereinabove described
be and the same is hereby approved, and the
Mayor and City Clerik be and they are hereby
authorized and directed to execute said piat for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement inciuding the right of
ingress and egress thereto, for the purpose of
erecting, installing, constnucting, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 3. That the westerly 20 feet of Lot 1 A
of Block 1 of Dubuque Downtown Plaza be
reserved as a public access easement as shown
on the plat thereof.
Section 4. That the City Clerik be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque County, Iowa.
Passed, approved and adopted this 18th day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
RESOLUTION NO. 283-01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 1A BLOCK 1
DUBUQUE DOWNTOWN PLAZA, DUBUQUE
IOWA '
Whereas, the Dubuque County Board of
Supervisors have requested the vacating of 8th
Street between Central Avenue and Iowa Street.
Whereas, IIW Engineers & Surveyors, P.C.
has prepared and submitted to the City Council
a plat showing the vacated portion of 8th Street
between Central Avenue and Iowa Street and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot 1 A Block 1
Dubuque Downtown Plaza, in the City of
Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of 8th Street between Central Avenue and Iowa
Street is no longer required for public use,
except for utility easements as noted, and
vacating and sale of said portions of alleys and
streets known as Lot 1 A Block 1 Dubuque
Downtown Plaza in the City of Dubuque,
DUbuque County, Iowa shouid be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 1 A Block 1 Dubuque
Downtown Plaza, in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 1 A
Block 1 Dubuque Downtown Plaza, in the City of
Dubuque, Iowa to the Dubuque County Board of
Supervisors be contingent upon the payment of
$1.00, plus platting, publication and filing fees.
Section 3. The City of Dubuque reserves unto
itself a perpetual easement Including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstnucting,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.,
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 4. That the westerly 20 feet of Lot 1 A
of Block 1 of Dubuque Downtown Plaza be
reserved as a publiC access easement as shown
on the plat thereof.
Section 5. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 18'" day of
June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerik
Michalski moved adoption of the Resolution
and further set this for Public Hearing on 7/2101
at a meeting to commence at 6:30 P.M. in the
Public Library Auditorium and direct the City
Clerk to publish notice in the manner prescribed
Regular Session, June 18,2001
217
.
by law. Seconded by Nicholson. Motion carried
7-0.
2001
At 9:00 P.M. Buol moved go into Closed
Session re: Propert~ Acquisition and Pending
Litigation (Iowa Code Chapter 21-.5(1)(j)(c).
Seconded by Nicholson. Motion carried 7-0.
At 9:36 P.M. Council reconvened Regular
Session stating Staff had been given proper
direction.
There being no further business, Buol moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 9:37 P.M.
Is! Jeanne F. Schneider
City Clerk
11 6/27
.
.
Approved: ~4U'-<'t4/:?zJ
~
Adopted: ~/~ ~
/7:
2001
)
Council Members