07 05 00 Minutes this Meeting
COUNCIL PROCEEDINGS
OFFICIAL
1"111
NjIYV',
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City Council, Regular Session, Wednesday, July 5, 2000
Council met in Regular Session at 6:30 P.M., in the Library Auditorium
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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.
The invocation was given by Sr. Inez Turnmeyer, Director of St. Mark Community Center.
PROCLAMATIONS: John Mauss Day (July 7, 2000) received by Police Chief John Mauss;
Recreation and Parks Month (July) received by Recreation Division Manager; and Apples for Students (July
8 - 23, 2000) received by Sr. Inez Turnmeyer, of St. Mark Community C~. d _. I/A/PO
?~ //1-~/-"
Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, gave a verbal
progress report.
Minutes Submitted: Cable TV Regulatory Commission of 6/7; Cable Community Teleprogramming
Commission of 6/13; Civil Service Commission of 5/31 and 6/28; Five Flags Commission of 5/15; Housing
Commission Trust Fund of 6/13; Human Rights Commission of 5/8, presented and read. Buol moved that ~
the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. ,,-"""
Printed Council Proceedings for March, 2000, presented and read. Buol moved that the
proceedings be approved as printed. Seconded by Nicholson. Motion carried 7-0.
Proofs of Publication of Council Proceedings for 5/15/00 and 6/5/00; and List of Claims and
Summary of Revenues for month ending April 30, 2000, presented and read. Buol moved that the proofs
be received and filed. Seconded by Nicholson. Motion carried 7-0.
Claims/Suits: Patrick Butler in the estimated amount of $11.50 for cleaning of his vehicle; Barbara
Freund in undetermined amount for property damage; Tim Patterson in the estimated amount of $1,000
for vehicle damage, presented and read. Buol moved that the claims be referred to the Legal Dept.
Seconded by Nicholson. Motion carried 7-0.
Corporation Counsel advising the following claims have been referred to Public Entity Risk Services
of Iowa, the agent for the Iowa Communities Assurance Pool: Joseph L. Hickson for vehicle damage; R.D.
McDonald for property damage; and Aimee Wagner for vehicle damage, presented and read. Buol moved
that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0.
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Corporation Counsel recommending that the claims of Thomas Buelow for property damage, and
Craig and Deb Wurdinger for vehicle damage be denied, presented and read. Buol moved that th
communication be received and filed and concurred with the recommendations. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending that the claim of Patrick Butler in the amount of $11.50 for
reimbursement of car-cleaning costs be approved and that a check be issued by the Finance Director,
presented and read. Buol moved that the communication be received and filed and concurred with the
recommendation. Seconded by Nicholson. Motion carried 7-0.
Corporation Counsel recommending that the claim of Barbara Freund for a sewer backup be received
and filed and forwarded to proper personnel, presented and read. Buol moved that the communication
be received and filed and concurred with the recommendations. Seconded by Nicholson. Motion carried
7-0.
Communication from Tara Winger regarding various issues and communication of Cletus J. Winter
regarding the Clarke Drive repaving project, presented and read. Buol moved that the communications
be received and filed. Seconded by Nicholson. Motion carried 7-0.
Request of Greg Orwoll, Executive Director of the Colts, to suspend enforcement of the residential
parking regulations in the area surrounding Senior High School from 3:00 to 11 :00 p.m., on Thursday, July
6, 2000, in order to hold the annual Music on the March Program on Dalzell Field, presented and read.
Buol moved that the communication be received and filed and concurred with the request. Seconded by
Nicholson. Motion carried 7-0.
Petition from business owners requesting two hour parking on the east side of Jackson Street from
the corner of Milwaukee Street to the corner of Ruby Street, presented and read. Buol moved that the
communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion
carried 7-0.
Communication from the State Historical Society of Iowa advising that Four Mounds has been
accepted for nomination to the National Register of Historic Places, presented and read. Buol moved that
the communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
Communication from the Iowa Utilities Board expressing gratitude for the comments received on
the proposed 319 area code changes, presented and read. Buol moved that the communication be
received and filed. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending appointment of Dr. Douglas Butzier as EMS Medical Director and Dr.
Timothy Bowers as Associate Medical Director for the Dubuque Fire Department, presented and read.
Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 288-00
APPOINTING PHYSICIAN MEDICAL DIRECTORS FOR THE CITY OF DUBUQUE FIRE DEPARTMENT'S
ADVANCED EMERGENCY MEDICAL CARE AMBULANCE
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Whereas, the rules of the Iowa Department of Public Health required that an advanced emergency
medical care ambulance service authorized by that Department be under the direction, advice or orders of
a Physician Medical Director who supplies professional expertise for advanced emergency medical care;
and
Whereas, Doctor Douglas Butzier, MD, and Doctor Timothy Bowers, MD are Board-Certified
Emergency Department Physicians interested in serving in this capacity, and such service is in the best
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Dr. Douglas Butzier, MD be hereby appointed as Physician Medical Director of the
City of Dubuque Fire Department's Advanced Emergency Medical Care Ambulance Service as authorized
by the Iowa Department of Public Health.
Section 2. That Dr. Timothy Bowers, MD be hereby appointed as Associate Physician Medical
Director of the City of Dubuque Fire Department's Advanced Emergency Medical Care Ambulance Service
as authorized by the Iowa Department of Public Health.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending the publication of combined notice of no significant impact on the
environment and notice of intent to request release of funds for the Fourth Street Peninsula Acquisition
and Clearance, presented and read. Buol moved that the communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 289-00
A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT
IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR 4TH
STREET PENINSULA ACQUISITION AND CLEARANCE.
Whereas, the City of Dubuque will enter 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 4TH Street Peninsula
Acquisition and Clearance project; and
Whereas, based on said environmental review, the Department of Community and Economic
Development has determined that sail1d'ect will have no significant impact on the environment; and
Whereas, a combined notice 0 "Fi ding of No Significant Impact on the Environment" and of
"Intent to Request Release of Funds" fo said project will be sent by regular mail to various federal, state
and local 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:
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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 4th Street Peninsula Acquisition and Clearance project and to make the Environmental
Review Record for said project available for public inspection and comment until 5:00 p.m. on July 26,
2000. 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 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 Release 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 Development 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 5th day of July, 2000.
Terrance M. .Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending submittal of the update for the Fiscal Year 2001 REAP Plan for
Dubuque County, presented and read. Buol moved that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending submission of a REAP grant application to the Iowa Department of
Natural Resources for construction of the Granger Creek Nature Trail, presented and read. Buol moved
that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 290-00
APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR A REAP GRANT FOR THE
GRANGER CREEK NATURE TRAIL AT THE DUBUQUE TECHNOLOGY PARK
Whereas, the Iowa Department of Natural Resources has allocated grant funds for the development
of multi-purpose trails; and
Whereas, the City has an adopted Comprehensive Plan which includes goals and objectives for the
development of bike/hike trails.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign and the Planning Services Manager is
hereby authorized to submit the resolution and the application to the Iowa Department of Natural
Resources for REAP Funds for the Granger Creek Nature Trail at the Dubuque Technology Park.
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Section 2. That in the event said application is approved, the City Council hereby provides its
written assurance the completed project will be adequately maintained for its intended use for a minimum
of twenty (20) years following project completion.
Section 3. That the City of Dubuque agrees to abide by all local, state, and federal requirements
applicable to the proposed project.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
Historic Preservation Commission submitting the Revised Survey Report on Architectural/Historical
Resources for Council review/comment, presented and read. Buol moved that the communication be
received and filed. Seconded by Nicholson. Motion carried 7-0.
tJ);
Communication of Barry A. Lindahl advi~ill9'o of the purchase of property on behalf of
t e Catfish Creek Coalition from the Klauer's, presented and read. Buol moved that the communication
e received and filed. Seconded by Nicholson. Motion carried 7-0.
~
RESOLUTION NO. 291-00
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ROBERT D.
KLAUER AND L1VIJA KLAUER
Whereas, the City of Dubuque entered into an Agreement with Robert D. Klauer and Livija Klauer
for the purchase of the following described real property in Dubuque County, Iowa:
Lot One (1) of the Subdivision of Lot One (1) of the Northwest Fractional Quarter of the Northeast Quarter
and Lot One (1) of the Subdivision of Lot One (1) of Fractional Government Lot One (1), all in Section Six
(6), Township Eighty-eight (88) North, Range Three (3) East of the Fifth Principal Meridian, all as shown
by recorded plat thereof, containing an area of nineteen and ninety-seven hundredths (19.97) acres, more
or less;
And
Lot "A" of Government Lot One (1) in Section Six (6), Township Eighty-Eight (88) North, Range Three (3)
East of Fifth Principal Meridian, Dubuque County, of Dubuque, Iowa, and Lot One (1) of Rock Cut
Subdivision in the City of Dubuque, Iowa, all shown by recorded plats thereof, containing an area of one
and thirty-two hundredths (1.32) acres, more or less.
And Whereas, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA,
AS FOLLOWS:
1. The City of Dubuque hereby accepts the Deed from Robert D. Klauer and Livija Klauer, a copy
of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque
County Recorder.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
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Communication from Tom Stovall, Executive Director, Operation: New View, requesting a letter of
support for their HAWK-I Outreach Pilot Grant application, presented and read. oved that the
communication be received and filed and approved a letter of support. Seconded by Nichol n. Motion
carried 7-0. .-:zj~
City Manager recommending execution of a Preconstruction Agreement with the Iowa Department
of Transportation relating to construction and future maintenance of Phase IV of Iowa 32 (Northwest
Arterial), from John F. Kennedy Road to U.S. 52, presented and read. Buol moved that the
communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 292-00
RESOLUTION APPROVING PRE-CONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO THE IOWA 32 (NORTHWEST ARTERIAL) EXTENSION PROJECT FROM
EXISTING IOWA 32/JOHN F. KENNEDY ROAD INTERSECTION TO THE CITY'S NORTH CORPORATION
LINE
Whereas, the Iowa Department of Transportation has developed plans for the extension of Highway
32 (Northwest Arterial) from the Iowa 32/John F. Kennedy Road intersection to the City's north
corporation line; and
Whereas, the Iowa Department of Transportation has prepared and submitted to the City Council
for approval, a Pre-Construction Agreement relating to the construction cost, participation, and respective
maintenance responsibilities of the construction project; and
Whereas, the City of Dubuque approves the terms and conditions of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Pre-Construction Agreement No. 99-4-095 consisting of an agreement providing
for the extension of Highway 32 (Northwest Arterial) from the existing Iowa 32/John F. Kennedy Road
intersection to the City's north corporation line be approved.
Section 2. That the Mayor be authorized and directed to execute two copies of this Pre-
Construction Agreement and forward the executed copies to the Iowa Department of Transportation for
their approval.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of a Community Development Block Grant Agreement with
the U. S. Department of Housing and Urban Renewal (HUD) in the amount of $1,441,000 for Program Year
beginning July 1, 2000, presented and read. Buol moved that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 293-00
RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as
amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community
Development Block Grant; and
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Whereas, the submission has been approved by the U.S. Department of Housing and Urban
Development in the amount of $1,441,000 for a twelve month program year commencing July 1, 2000
and ending June 30, 2001; and
Whereas, a grant agreement covering the activities proposed to be carried out with the Community
Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of
Housing and Urban Developmenffl
NOW, THEREFORE, BE IT R~OLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing
and Urban Development on July 1, 2000 for a Community Development Block Grant to the City of
Dubuque in the amount of $1,441,000 and identified as Grant Number B-00-MC-19-0004 is hereby
accepted.
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to
execute said Agreement on behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of July, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
June 21, 2000
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 Lead
Sanitation Driver was given on May 31, 2000. We hereby certify that the following individuals 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.
LEAD SANITATION DRIVER
Craig Soltow
Jim Powers
Mike Clancy
Respectfully submitted,
/s/ Loras J. Kluesner, Chairperson
/s/ Merle Duehr
/s/ Richard Wertzberger
Civil Service Commission
Randall Ludowitz
David Sitzmann
Paul Herman
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 Police
Chief was given on June 7, 2000. We hereby certify that the following individuals have passed this
written examination and the vacancy for this position should be made from this list and that this list is
good for one (1) year from above date.
June 28, 2000
POLICE CHIEF
Michael T. Schnell
William S. Sullivan
Michael J. Sullivan
Melvin L. Williams
Harold M. Algyer
Timothy P. McDonald
John C. Kelley
Michael D. King
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Kim Bruce Wadding Kevin D. Lindsey
Respectfully submitted,
/s/ Loras J. Kluesner, Chairperson
/s/ Merle Duehr
/s/ Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service certifications be made a matter of record. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 294 -00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said
City.
1 0 RENEWALS
Billy Buck's East St Tap William & Lynn Meyer
lOCO Speede Shoppe # 93 Iowa Oil Company
lOCO Speede Shoppe # 3 Iowa Oil Company
lOCO Speede Shoppe # 33 Iowa Oil Company
lOCO Speede Shoppe # 17 Iowa Oil Company
lOCO Speede Shoppe # 2 Iowa Oil Company
Oky Doky #14 Kristina Chapman
Admiral's Hi-Hat Donald B. Meyer
Kalmes Breaktime Bar & Grill Michael/Theresa Kalmes
Windsor Tap G & J's Inc
Passed, approved and adopted this 5th day of July, 2000.
521 E. 22nd
3250 Dodge St
1998 Jackson
3200 Central
2150 Twin Valley
2335 University
1050 University
253 Main
1097 Jackson
2401 Windsor
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 295-00
Whereas, applications for Beer Permits have been submitted and filed to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply with
the Ordinances of this City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer Permit.
CLASS "C" BEER PERMIT
L B Metcalf, Inc. Cedar Cross AMOCO + (Sunday Sale)
K Chap Foods Inc. Oky Doky Foods # 14 + (Sunday Sale)
Rainbo Oil Com Kwik Stop + (Sunday Sale)
Jena Inc. Oky Doky # 15 + (Sunday Sale)
Passed, approved and adopted this 5th day July, 2000.
1200 Cedar Cross
1050 University
1401 Central Ave
1101 Rhomberg Ave
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 296-00
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply with
the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS //C"(COMMERCIAL) BEER/LIQUOR LICENSE
Madhatters Inc. Madhatters + (Sunday Sale)
Jeff A. Demmer Bodine's + (Sunday Sale)
Ethel K Schwartz Airport Inn + (Sunday Sale)
Plastic Center, Inc. Fischer Lanes + (Sunday Sale)
City of Dubuque Dubuque Five Flags + (Sunday Sale)
Craig J. Weiner Walnut Tap + (Sunday Sale)
Richard W. Hirsch II Fat Tuesdays (1 Day Outdoor Sale)
Passed, approved and adopted this 5th day of July, 2000.
1091 Main St
1445 Central Ave
574 E. 16th St
880 Locust St
405 Main St
709 University Ave
1121 University Ave
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
HISTORIC PRESERVATION COMMISSION: Christopher J. Wand (Architect/At Large). Mr. Wand
spoke requesting consideration for appointment.
INVESTMENT OVERSIGHT COMMISSION: Paul Lassance, Hiram Melendez. No one spoke.
PLUMBING BOARD: Stanley G. Gonner (Master Plumber). No one spoke.
APPOINTMENTS to the following Boards/Commissions:
CIVIC CENTER COMMISSION: Gary Dolphin, Cynthia A. Fuller. Michalski moved that Gary Dolphin
and Cynthia Fuller be reappointed to the Civic Center Commission for three year terms which will expire
6-29-03. Seconded by Robbins. Motion carried 7-0.
HOUSING COMMISSION: David J. Kapler, Dan Teply. Vote on the appointment was as follows:
Michalski voted for Teply; Nicholson voted for Teply; Robbins voted for Kapler; Buol voted for Kapler;
Cline voted for Teply; Duggan voted for Kapler; Markham voted for Kapler. Therefore, David J. Kapler
appointed to an unexpired three year term which will expire 8-17-01.
TRANSIT BOARD OF TRUSTEES: Harry J. Bemis. Michalski moved that Harry Bemis be
reappointed to a three year term which will expire 7-30-03. Seconded by Nicholson. Motion carried 7-0.
TV CABLE REGULATORY COMMISSION: Charlie Ellis. Markham moved that Charlie Ellis be
reappointed to a three year term which will expire 6-30-03. Seconded by Buo!' Motion carried 7-0.
9
Michalski moved to suspend the rules to allow anyone present to address the Council if they so
desire. Seconded by Robbins. Motion carried 7-0.
Proofs of publication on notice of hearing to consider rezoning property located at 26th and Pinard
Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District to allow
construction of an employee parking lot, presented and read. Buol moved that the proof and
communication be received and filed. Seconded by Robbins. Motion carried 7-0.
Tom Prohaska of Klauer Manufacturing spoke in support of the rezoning.
An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the northwest corner of 26th and
Pinard Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District,
with first and second readings given on 6/19/00, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 54-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT NORTHWEST
CORNER OF 26TH AND PINARD STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-2A
ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by reclassifying the hereinafter described property from R-2 Two-Family Residential
District to R-2A Alternate Two-Family Residential District, to wit:
Lot 283 and Lot 284 Glendale Addition No.3, and to the center line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved and adopted this 5th day of July, 2000.
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of July, 2000.
Jeanne F. Schneider, City Clerk
1t 7/10
Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion
carried 7-0.
Terrance M. Duggan, Mayor
Proof of publication on notice of hearing to consider amending the ID Institutional District to add
classrooms as a permitted use and allow the installation of a portable classroom, presented and read.
Buol moved that the proof be received and filed. Seconded by Markham. Motion carried 7-0.
Jim Unsen of Hillcrest Family Services spoke in support of the amendment.
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An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by providing for the amendment of Ordinance 41-92 which adopted regulations for the Hillcrest
Family Services Institutional District, with first and second readings given on 6/19/00, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 55-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 41-92 WHICH ADOPTED
REGULATIONS FOR THE HILLCREST FAMILY SERVICES INSTITUTIONAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances
and Ordinance 41-92 be amended by adding classrooms as a permitted use for the following property, to
wit:
All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision except the southeasterly 38 feet thereof, Lot
2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261; Lot 1 of the Subdivision of Lot 1 of Lot 2 of
Mineral Lot 261, Mettel Link Place; Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision;
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; and Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; Lot 1 and Lot 2 of Peterson's
subdivision; all of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision except for the southeasterly 38
feet thereof, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish the purposes of the ID Institutional District and of the
Zoning Ordinance, the above described property is subject to the following conditions and restrictions
A. Use Regulations
The following regulations shall apply to all uses made of land in the above described ID Institutional
District:
1) Principal permitted uses shall be limited to the following:
a) Residential care facilities [18]
b) Classrooms [45]
c) Offices for administrative personnel or other institutional employees or affiliates [14]
d) Off-street parking and loading [N/A]
e) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates
[45]
f) Existing private uses of structures situated within an ID District for which the R-3 District standards
shall apply [N/ A]
2) Accessory uses shall be limited to all uses customarily incidental to the principal permitted use in
conjunction with which such accessory use is operated or maintained, but not to include institutional use
outside a principal building.
B. Lot and Bulk Regulations.
Development of land in the ID Institutional District shall be regulated as follows:
1) All building structures and activities shall be located in conformance with the attached amended
conceptual development plan.
2) A minimum front yard setback of 25 feet is required for all structures.
3) All final site development plans shall be approved in accordance with the ID Institutional District
regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa.
C. Performance Standards
11
The development and maintenance of uses in this ID Institutional District shall be established in
conformance with the regulations of Section 3-5.2 of the ID Institutional District.
D. Site Development Standards
The site development standards for this ID Institutional District shall be established as follows:
1) Landscaping and screening requirements shall be established in accordance with the requirements of
Section 4-5 of the Zoning Ordinance of City of Dubuque, Iowa. All other site development standards of
Section 4-4 shall apply.
2) All portable classrooms located in this ID District shall be removed by Hillcrest Family Services no later
than June 30, 2003.
E. Sign Regulations
The sign regulations shall be the same as that which are allowed for ID Districts in Section 4-3.11 of the
Zoning Ordinance of the City of Dubuque, Iowa.
F. Parking Standards
The off-street parking requirement for the principal permitted uses for the herein described ID Institutional
District which are designated by a bracket enclosed number next to the use shall be as described in
Section 4-2.7 of the Zoning Ordinance of the City of Dubuque, Iowa, but in no case less than shown on
the conceptual plan adopted by the City Council on June 1, 1992.
G. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease
agreement, the provision that the purchaser or leasee acknowledges awareness of the conditionals
authorizing the establishment of the district.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 55-00
I, Paul D. Porter, Hillcrest Family Services, having read the terms and conditions of the foregoing
Ordinance No. 55-00 and being familiar with the conditions thereof, hereby accept this same and agree
to the conditions required therein.
Dated in Dubuque, Iowa this 5th day of July, 2000.
By /s/ Paul D. Porter
Hillcrest Family Services
Published officially in the Telegraph Herald newspaper this 10th day of July, 2000.
1t 7/10 Jeanne F. Schneider, City Clerk
Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried
7-0.
Proof of publication on notice of hearing to consider rezoning property on U.S. Highway 20 from C-3
General Commercial and CS Commercial Service and Wholesale District to PUD Planned Unit Development
District with a PC Planned Commercial designation to allow for development of a new Menard's store,
presented and read. Buol moved that the proof and communication be received and filed. Seconded by
Nicholson. Vote on the motion was as follows: Yeas--Nicholson. Nays--Michalski, Robbins, Buol, Cline,
Duggan, Markham. Motion failed.
T~m{ O'.N.. eill lor Menard SPo. ke i~~ort 0..1 this request. .--;;; /~?' ~
~~J--e;:z~_O~J ~-AI'~/' / /-~-/ , )
V~/ .-'.~-~/ ~~~ d~~~>A//A/
r~-/A~/~,f~~ ?f~~ 12.~ if ~ ~~.
An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances
by reclassifying hereinafter described property located along U.S. Highway 20 west of Wests ide Court
from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned
Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual
Development Plan, with conditions, for Menard, Inc., with first and second readings given on 6/19/00,
now presented for final action. Buol moved final consideration and passage of the Ordinance. Seconded
by Nicholson. Vote on the motion was as follows: Yeas--Nicholson. Nays--Buol, Cline, Duggan,
Markham, Michalski, Robbins. MOTION FAILED.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids
for the Five Flags Center Arena Seat Replacement Project and City Manager recommending to award
contract for project, and communication from Country Roads, Inc., regarding the Dubuque Five Flags Arena
Seat Replacement Project and response from Corporation Counsel Barry Lindahl, presented and read. Buol
moved that the proof and communicati~. received and filed. Seconded by Nicholson. Motion carried
7-0. (~
RESOLUTION 297-00
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 5th day of June, 2000, plans, specifications, form of contract and estimated cost
were filed with the City Clerk of Dubuque, Iowa for the FIVE FLAGS CENTER ARENA SEAT
REPLACEMENT 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 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 298-00
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the FIVE FLAGS CENTER ARENA
SEAT REPLACEMENT PROJECT pursuant to Resolution No. 252-00, and notice to bidders published in a
newspaper published in the City of Dubuque, Iowa, on the 23rd day of June, 2000.
WHEREAS, said sealed pro re 0 d and read on the 22nd day of June, 2000, and it has been
determined that the bid ~M6'L o/'jtJ in the amount of $166,155 was the lowest bid for the
furnishings of all labor a . performing the work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY UBUQUE, IOWA:
That the contract for the above improvement be awarded 0 S 'spft'{)!(, and the Manager be
and is hereby directed to execute a contract on behalf of ubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
13
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 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids
for the City Hall Remodeling (Interior Work) Project and City Manager recommending to award contract
for project, presented and read. Markham moved that the proof and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 299-00
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 31st day of May, 2000, plans, specifications, form of contract and estimated cost were
filed with the City Clerk of Dubuque, Iowa for the City Hall Remodeling - Interior Work.
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 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 300-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the City Hall Remodeling - Interior
Work Project pursuant to Resolution No. 257-00 and notice to bidders published in a newspaper published
in the City of Dubuque, Iowa on the 9th day of June, 2000.
Whereas, said sealed proposals were opened and read on the 27th day of June, 2000, and it has been
determined that the bid of Kluck Construction of Dubuque, Iowa, in the amount of $68,000.00 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 Kluck 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 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
14
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids
for the City Hall Remodeling (Exterior Work) Project and City Manager recommending to award contract
for project, presented and read. Buol moved that the proof and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 301-00
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 31st day of May, 2000, plans, specifications, form of contract and estimated cost were
filed with the City Clerk of Dubuque, Iowa for the City Hall Remodeling - Exterior Work.
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 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 302-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the City Hall Remodeling - Exterior
Work Project pursuant to Resolution No. 260-00 and notice to bidders published in a newspaper published
in the City of Dubuque, Iowa on the 9th day of June, 2000.
Whereas, said sealed proposals were opened and read on the 27th day of June, 2000, and it has been
determined that the bid of Kluck Construction of Dubuque, Iowa, in the amount of $262,600.00 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 Kluck 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 5th day of July, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids
for construction of the Parking Lot at Third and Main Streets and City Manager recommending that the bid
15
received be rejected, presented and read. Markham moved that the proofs and communication be
received and filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 303-00
RESOLUTION RESCINDING RESOLUTION NO. 261-00 PRELIMINARY APPROVAL OF PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF THE PARKING LOT AT THIRD & MAIN STREETS
Whereas, an advertisement for bids for the construction of the Third Street Ramp was published on
June 9, 2000; and
Whereas, the City Council deemed it advisable to reject all bids received and re-bid the project at a later
date with modifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That Resolution No. 261-00, Preliminary Approval of Plans and Specifications for the construction of
the Third Street Ramp be rescinded and that the said project be re-bid at a later date.
Passed, approved, and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0.
Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids
for construction of the 2000 PC Concrete Paving Project No.2 (Burden Avenue and North Burden) and City
Manager recommending to award contract for project, presented and read. Markham moved that the
proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 304-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the 2000 PC Concrete Paving Project
- No.2 pursuant to Resolution No. 280-00 and notice to bidders published in a newspaper published in
the City of Dubuque, Iowa on the 8th day of June, 2000.
Whereas, said sealed proposals were opened and read on the 22nd day of June, 2000, and it has been
determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $823,841.49 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 Tschiggfrie Excavating 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 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution. Seconded by Nicholson.
Buol moved that the rules be reinstated limiting discussion to Council.
Motion carried 7-0.
Motion carried 7-0.
Seconded by Nicholson.
16
Communication of City Manager recommending approval of a projecting sign in the public right-of-way
at 543 West 8th Street (Michael J. Koch), presented and read. Buol moved that the communication
be received and filed. Seconded by Markham. Motion carried 7-0.
An Ordinance authorizing Michael J. Koch to construct a projecting sign at 543 West 8th Street,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 56-00
AN ORDINANCE AUTHORIZING MICHAEL J. KOCH TO CONSTRUCT A PROJECTING SIGN AT 543 W.
8TH STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Michael J. Koch as the owner of the premises known as 543 W. 8th Street, Dubuque,
Iowa, legally described as Lot 2 of Lot 12 of City Lot 703, Lot 1 and west 1/2 of Lot 11 of City Lot 688
and part of City Lot 654, and Lot 1 of east 1/2 of Lot 11 of City Lot 688 and part of City Lot 654 be and
they are hereby granted the revocable permit and authority to construct and maintain a sign under the
trms and conditions set forth in this Ordinance.
Section 2. That such construction shall be done in accordance with plans heretofore submitted by
permittees and approved by the City Manager, under the supervision and direction of the City Manager,
and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City
of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on permittees' agreement t
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 sign; 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 sign, sustained by any person
or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any
claim against the City of Dubuque arising out of the location, installation, existence, construction or
maintenance of sign and to pay reasonable attorney fees therefor; and
d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss,
liability and expense for death and/or injuries to third persons or damages to property of third persons, or
for damage to any 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 permittees' further
agreement that should the right and privilege herein granted be rescinded or revoked by the City Council,
permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days
after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign
and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at
permittees' expense and dispose of the same, and the permittee shall have no claim against the City or
its agents for damages resulting from the removal of said sign.
17
Section 5. That permittees covenant and agree that the revocable permit herein granted does not
constitute an approval of the design, erection, location, construction, repair or maintenance of said facility
and said permittees hereby covenant and agree not to assert such claim or defense against the City of
Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the
permittees arising out of or in any way connected with the location, installation, construction, design,
repair and maintenance of the facility herein permitted.
Section 6. This Ordinance shall become effective and the rights hereunder accrue to Michael J. Koch
when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted
by permittees by acceptance endorsed on this Ordinance.
Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a
copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 56-00
I, Michael J. Koch, the undersigned, having read and being familiar with the terms and conditions of
Ordinance No. 56-00, hereby, for themselves, their successors or assigns, as owners of the abutting
property, accept the same and agree to be bound by the conditions and agreements therein contained to
be performed by permittees.
By: /s/ Michael J. Koch
Title: Owner
Dated: June 13, 2000
Published officially in the Telegraph Herald newspaper this 10th day of July, 2000.
Jeanne F. Schneider, City Clerk
1 t 7/10
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. Motion carried 7-0.
City Manager submitting documents providing for construction of the redesigned Third Street Parking
Ramp and recommending that a public hearing be set for August 7, 2000 and communication of Brian J.
Kane, Counsel for The Fischer Companies, regarding the design of the Third Street Parking Ramp, and
communication of P.S. Vedi, Architect for the project, responding to concerns expressed by the Fischer
Companies, presented and read. Buol moved that the communications be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 305-00
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~IQ~A:
~pr"poslld.p@ns, specifications, form of contract and estimated cost for t cMS(.I'It1 ~
~ T%ftb ~J(t)0" R~in the estimated amount of $5,000,000.00 are hereby approved and
ordered filed in the office of the City Clerk, for public inspection.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
18
Attest: Jeanne Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 306-00
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the
proposed plans, specifications, and f ract and laced same on file in the office of the City Clerk
for the public inspection of th TRUCTION OF THE THIRD STREET R 5Cb//'J'ud4 pC?C6"
NOW, THEREFORE, BE IT RESOLVED, BY THE COUN CITY OF DUBUQUE, IOWA, that
on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium,
at which interested persons may appear and be heard for or against the proposed plans and specifications,
form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to
the day fixed for its consideration. At the hearing, any contract, or estimated cost of the improvement.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Buol moved adoption of the resolution.
Seconded by Nicholson.
Motion carried 7-0. A
?:P' '3 t?:?
~cf#1J ,t4
;:/
RESOLUTION NO. 307-00
ORDERING BIDS
NOW, THER IT RESOLVED BY THE CITY COUN OF THE CITY OF DUBUQUE, IOWA:
That th NSTRUCTION OF THE THIRD STREET RA 's hereby ordered to be advertised for bids.
BE IT FURTHER mount of the security to accompany each bid shall be in an
amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to advertise for bids for the purchase of materials herein provided,
to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall
not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the
25th day of July, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted
to the Council for final action at 6:30 p.m. on the 7th day of August, 2000.
Passed, approved and adopted this 5th day of July, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of the Chicago Street Sanitary Sewer
Extension Project and recommending that a public hearing be set for August 7, 2000, presented and read.
Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 308-00
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
19
That the proposed plans, specifications, form of contract and estimated cost for the Chicago Street
Sanitary Sewer Extension Project, in the estimated amount of $162,880.62, are hereby approved and
ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 309-00
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the
proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk
for public inspection of the Chicago Street Sanitary Sewer Extension Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library
Auditorium, at which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby
directed to cause a notice of time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than
twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear
and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement.
Passed, adopted and approved this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 310-00
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly prepared and approved by the City Council of the City of
Dubuque and are now on file in the office of City Clerk showing among other things the plans,
specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount
proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the
Chicago Street Sanitary Sewer Extension Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the City Council deems it advisable and necessary for the public welfare to make the herein
mentioned improvements, and unless property owners at the time of the final consideration of this
proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall
be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and done in accordance with the plans and specifications which
have been approved by the City Council and now on file with the City Clerk. That the cost and expense
of making such improvement will be assessed partially or totally against privately owned property lying
with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the
special benefits conferred.
The portion of the cost which shall be borne by the City will be paid from the capital improvement
project for the City Share of Special Assessments, and special assessment bonds may be issued in
20
anticipation of deferred payments of assessments when a contract has been performed and accepted, and
the proceeds thereof used to pay the contractor.
The above resolution was introduced, approved and ordered placed on file with the City Clerk this 5th
day of July, 2000.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 311-00
FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the
proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk
for public inspection, for the Chicago Street Sanitary Sewer Extension Project, and,
Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now
on file in the City Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of August, 2000, a public hearing will be held at 6:30 o'clock p.m. in the Public
Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for
the proposed improvement or any other person having an interest in the matter may appear and be heard
for or against the making of the improvement, the boundaries of the district, the cost, the assessment
against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby
authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week
for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day
fixed for its consideration. Unless property owners at the time of the final consideration of this proposed
resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed
to have waived all objections thereto.
Passed, adopted and approved this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 312-00
RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed
assessments for the Chicago Street Sanitary Sewer Extension Project and the valuations set out herein are
hereby approved.
Passed, approved and adopted this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
~moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
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City Manager submitting documents providing for construction of the Walker and Oneida Street Storm
Sewer Replacement Project and recommending that a public hearing be set for August 7, 2000, presented
and read. Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 313-00
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Walker and Oneida
Street Storm Sewer Replacement Project, in the estimated amount of $160,043.46, are hereby approved
and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 314-00
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the
proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk
for public inspection of the Walker and Oneida Street Storm Sewer Replacement Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library
Auditorium at which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby
directed to cause a notice of time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than
twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear
and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement.
Passed, adopted and approved this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 315-00
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Walker and Oneida Street Storm Sewer Replacement Project is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an
amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to advertise for bids for the construction of the improvements
herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids
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at 2:00 p.m. on the 27th day of July, 2000. Bids shall be opened and read by the City Clerk at said time
and will be submitted to the Council for final action at 6:30 p.m. on the 7th day of August, 2000.
Passed, adopted and approved this 5th day of July, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of th~,--r,esolution. Seconded by Nicholson. Motion carried 7-0. /J
~~--ue-eUL~A2e~ ~ W ./Z/?LJJc2'~V -t!f)
Dan Walsh, Director of Gove~rn nt and.Business Affairs for the Chamber of Commerce, Sp-oke sta!iA'9
he is looking forward to worki g t City. C\>uncil.
?V/~V
At 8: 14 P.M. Michalski moved to go into Closed Session re: Purchase of Real Estate (Iowa Code
~21.5(1 )(j) and Pending Litigation (Iowa Code ~21.5(1 }(c). Seconded by Nicholson. Motion carried
7-0.
At 8:51 P.M. Council reconvened Regular Session stating that Staff had been given proper directio
There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 7-0. The
meeting adjourned at 8:52 P.M.
/s/ Jeanne F. Schneider
City Clerk
Approved
Adopted
,2000
,2000
Mayor
Council Members
Attest:
City Clerk
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~
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CAll THE REGULAR SESSION OF THE
CITY COUNCil TO BE HELD ON WEDNESDAY, JULY 5, 2000, AT 6:30 P.M., IN
THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL
Terrance M. Duggan, Mayor
7/5/00