09 05 00 Minutes this Meeting
CITY COUNCIL
OFFICIAL
City Council, Regular Session, September 5, 2000
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.
The invocation was given by Rev. Robert Weinhold, Pastor of St. Paul Lutheran Church.
Mayor Duggan swore in Mayor Pro-Tem John Markham.
PROCLAMATIONS: Supporting the Dragon Boat Festival (September 8, 9, 10, 2000) received by
Sue Hamilton, President of the Dubuque Dragon Boat Assn.;~ As'sted Living Week (September 10 - 16,
2000) received by Diane Brondyke, Manager of Sunset Park Pia 1 nd Awareness Day for A-T (September
16, 2000) received by Tony and Linda Harvey.
Minutes Submitted: Electrical Code Board of 8/14; Five Flags Commission of 7/24 and 8/21;
Human Rights Commission of 7/10; Library Board of Trustees of 7/27; Long Range Planning Advisory
Commission - Downtown Planning Committee of 8/14; Plumbing Board of 8/22; Zoning Board of
Adjustment of 7/27, presented and read. Buol moved that the minutes be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Proof of Publication of Council Proceedings for Meetings of July 31, August 7,
Claims and Summary of Revenues for Month Ending June, 2000, presented and read.
the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0.
14, and 17; List of
Buol moved that
Investment Oversight Commission submitting the 29th Quarterly Report, and the Civic Center
Commission's Fiscal Year 2000 Year-End Report, presented and read. Buol moved that the reports be
received and filed. Seconded by Nicholson. Motion carried 7-0.
Notice of Claims/Suits: Patrick A. Konsen in estimated amount of $800 for vehicle damage and
Diane Wertz in estimated amount of $1,045.07 for vehicle damages, presented and read. Buol moved
that the suits and claims be referred to the Legal Staff for investigation and report. 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: Mary Harkey for reimbursement of medical
expenses, and Beth A. Miller for sewer backup damage, presented and read. Buol moved that the
communicatio~be received and filed. Seconded by Nicholson. Motion carried 7-0.
tL~
Corporation Counsel recommending denial of the vehicle damage claim of David G. Hennessy, the
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vehicle damage claim of Donald Kohl, and the vehicle damage claim of Tracy Ploessl, presented and read.
Buol moved that the communication be received and filed and concurred with the recommendatio~
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Seconded by Nicholson. Motion carried 7-0. a:~
Corporation Counsel advising that the claim of Richard S. Hillard for vehicle damage has been
forwarded to the Dubuque Jaycees for handling, presented and read. Buol moved that the communication
be received and filed. Seconded by Nicholson. Motion carried 7-0.
Corporation Counsel recommending settlement of the truck damage claim of Greg Swartz in the
amount of $100.27 and directing the Finance Director to issue payment, presented and read. Buol moved
that the communication be received and filed and concurred with the recommendation. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Amending the City of Dubuque Code of Ordinances by changing the reference in
Sections 10-23, 10-24, and 10-38 from IIDock Division Managerll to IICity Manager, II said Ordinance
having been presented and read at the Council Meetings of 8/7/00 and 8/21 10~ now presented for final
action. it"
(OFFICIAL PUBLICATION)
ORDINANCE NO. 68-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY CHANGING THE
REFERENCE IN SECTIONS 10-23, 10-24, AND 10-38 FROM IIDOCK DIVISION MANAGER" TO "CITY
MANAGER"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 10-23 of the City of Dubuque Code of Ordinances is amended to read as follows:
Sec. 10-23 Boat landing are~ ~~cr l(
The City Manager shall layoff and designate boat landing areas along the municipally owned
waterfront for such pleasure craft, ommercial vessels and public landings and to mark all such public
landings with suitable signs delineating their boundaries.
Section 2. Sec. 10-24 of the City of Dubuque Code of Ordinances is amended to read as follows:
Sec. 10-24. Mooring permits.
(a) No person shall moor or cause to be moored a vessel, float, boathouse, or other watercraft,
except at public landings, along the waterfront of the City without first obtaining a permit to do so.
(b) Mooring permits shall be obtained from the City Manager by making applications therefor on
forms provided by the City Manager and paying an annual permit fee therefor in accordance with the
following schedule:
Annual fee:
Type (per lineal foot)
Commercial 4.00
Pleasure craft 2.00
(c) Applicants for a permit required to be obtained under this article shall file with the City Manager
an application showing:
(1) The name, address and telephone number of the applicant;
(2) The name, address and telephone number of the owner;
(3) A brief description of the item to be moored including its length.
2
Section 3. Sec. 10-38 of the City of Dubuque Code of Ordinances is amended to read as follows:
Sec. 10-38 Ice fishing shelters.
The following rules shall govern the placement, construction or erection of ice fishing shelters left
on the ice overnight.
(1) The ice fishing shelter and material used in construction shall be removed from on or over city
controlled land or water on or before ice melt or February 20 of each year, whichever comes first, unless
extended by public notice by the City Manager.
(2) The location, type and materials used in the construction of an ice fishing shelter shall be
approved by the City Manager.
(3) The full name, telephone number, street address and the city of the building or structure owner
of all structures left on the ice overnight shall be painted legibly in a color contrasting to the background
on all side of the shelter in block letters at least four (4) inches in height.
(4) The owner information displayed in accordance with the provisions of this section will act as the
permit for the placement of ice fishing shelters on or over city controlled land or waters.
(5) Structures or buildings used as ice fishing shelters shall not be locked when in use.
(6) All fishing shelters on the ice after sunset shall have amber reflectors attached to all sides of the
structure in such a manner to enable them to reflect light at all times between the hours of sunset and
su nrise.
Section 4. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 11th day of September, 2000.
Jeanne F. Schneider, City Clerk
1 t 9/" 4 Ut14Jt"lJ)
f-F- n I I
Buol moved final consideration and passage of the Ordinance.
carried 7-0.
Seconded by Nicholson.
Motion
Communications from the Iowa Department of Economic Development regarding the City's Local
Housing Assistance Program A~fations #01-LHAP-002 and #01-LHAP-003, presented and read. Buol
moved that the communicati~ received and filed. Seconded by Nicholson. Motion carried 7-0.
Notice of Warn Act from The Sinsinawa Dominicans stating that the services provided at St.
Dominic Villa in Dubuque are being transferred to a new facility at the Mother House in Wisconsin,
presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending approval of the Five Flags usage agreement with the Dubuque Fighting
Saints for the upcoming season, presented and read. Buol moved that the communication be received
and filed and concurred with the recomme... nd. ation~. Seconded by Nicholson. Motion carried 7-0.
cLtUttl ~.
City Manager recommending support of a grant application that the Dubuque Girls Independent
League will be submitting to the Iowa Department of Natural Resources (IDNR) for Recreation
Infrastructure funding for the Riprow Valley Recreational Area, presented and read. Buol moved that the
communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
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RESOLUTION NO. 416-00
RESOLUTION SUPPORTING A GRANT APPLICATION FOR IOWA DEPARTMENT OF NATURAL
RESOURCES RECREATION INFRASTRUCTURE FUNDS FOR THE RIPROW VALLEY RECREATIONAL AREA
Whereas, the Iowa Department of Natural Resources (IDNR) has Recreation Infrastructure funds
available to develop recreational facilities in cities; and
Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include
goals for the development of the Riprow Valley and additional recr~a' . I facilities; and
Whereas, the City of Dubuque has demonstrated a commitme OT e Riprow Valley Recreational
Area by committing funds for the acquisition of the property, comm funds for the demolition of the
building on the property and has committed to the delivery of utility services to the Riprow Valley
Recreational Area; and
Whereas, the City of Dubuque owns the land proposed for development of the softball complex at
the Riprow Valley Recreational Area.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council supports the Dubuque Girls Independent League application for
Recreation infrastructure grant funds for the Riprow Valley Recreational Area.
Section 2. That the City of Dubuque intends to lease the land required for the development of the
softball complex for a minimum of 25 years following project completion.
Passed, approved and adopted this 5th day of September, 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 acceptance of Dubuque Industrial Center West Grading, Paving and
Utilities Phase I Projecj as completed by McAninch Construction Company; in the final amount of
$5,622,265.19, presented and read. Buol moved that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 417-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Dubuque Industrial Center West - Phase I 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 Alliant loan ($800,000.00), DRA Distribution and General Fund ($4,236,889.19),
Storm Sewer Construction Fund ($137,800.00), and the RISE grant ($447,576.00) in amounts equal to
the amount of this contract, less any retained percentage provided for therein.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
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RESOLUTION NO. 418-00
FINAL ESTIMATE
Whereas, the contract for the Dubuque Industrial Center West - Phase I 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 $5,622,265.19 and the
said amount shall be paid from the Alliant loan ($800,000.00), DRA Distribution and General Fund
($4,236,889.19), Storm Sewer Construction Fund ($137,800.00), and the RISE grant ($447,576.00) of
the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of September, 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 to award the contract for the Fifth Street Reconstruction Project to
Portzen Construction in the amount of $194,853.15, presented and read. Buol moved that the
communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
,~t 7ft't>L
RESOLUTION NO. 419-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the Fifth Street Reconstruction,
Iowa to Main Street Projet(J\ursuant to Resolution No. 374-00 and notice to bidders published in a
newspaper published in thltfty of Dubuque, Iowa, on the 11 th day of August, 2000.
Whereas, said sealed proposals were opened and read on the 31st day of August, 2000, and it has
been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of
$194,853.15 was the lowest bid for the furnishin~ of all labor and materials and performing the work
as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Portzen Construction, Inc. and the
Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer
is authorized and instructed to return the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
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City Manager submitting letter of support for the Dubuque Girls Independent League and their
Riprow Valley Recreation Area development project, presented and read. Buol moved that the
communication be received and filed and approved letter of support. Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending City sponsorship of communications to the Iowa Congressional
delegation in support of legislation to assist Section 8 households at risk of loss of housing due to
expiration of existing project-based HUD contracts, presented and read. Buol moved that the
communication be received and filed and concurred with recommendation. Seconded by Nicholson.
Motion carried 7-0.
Request of Phillip Love to transfer The Lounge liquor license, LC13969, to Miller Riverview Park for
the Dragon Boat races on September 9, 2000, presented and read. Buol moved that the communication
be received and filed and request approved. Seconded by Nicholson. Motion carried 7-0.
Sharon A. Eickhorn, Oky Doky #5, requesting a refund of Cigarette License #00 4511, in the
amount of $75.00, presented and read. Buol moved that the communication be received and filed and
request approved. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 420-00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said
City.
NEW
Midway Hotel/Hoffman House WCB Hotels, Inc.
Passed, approved and adopted this 5th day of September, 2000.
3100 Dodge *
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. 421-00
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 IIC" BEER PERMIT
Rainbo Oil Company Kwik Stop + (Sunday Sale) 2255 Kerper Blvl
Passed, approved and adopted this 5th day September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 422-00
6
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
David H. Erickson Lucky 13 Tap + (Sunday Sale) 385 E 13th St
'Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
ZONING BOARD OF ADJUSTMENT: Frederick R. Beeler, Fred Freebolin. Mr. Freebolin spoke.
Appointments to the following Boards/Commissions:
AIRPORT COMMISSION: R. J. Blocker, Teri Goodmann, Don Hedeman, Nancy Ann Helling. Vote
on the appointment was as follows: Buol voted for Teri Goodmann. Cline voted for Teri Goodmann.
Duggan voted for Teri Goodmann. Markham voted for Teri Goodmann. Michalski voted for Teri
Goodmann. Nicholson voted for Teri Goodmann. Robbins voted for Teri Goodmann. Therefore, Teri
Goodmann was appointed to the four year term which will expire 9-14-04.
TV CABLE TELEPROGRAMMING COMMISSION: Jennifer Tigges. Michalski moved that Jennifer
Tigges be reappointed to a three year term which will expire 6-30-03. Seconded by Robbins. Motion
carried 7-0.
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.
Conceptual Development Plan - Menard Inc.: 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 and an Ordinance Amending Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located along U.S. Highway 20 west of Westside Court from C-3 General Commercial District and CS
Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned
Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard,
Inc., presented and read. Buol moved to approyn tFi8 rc€tlJe3t to lublt::. Seconded by Cline. Motion
carried 7-0. -fald!.e... CLC-C tC-n J..Y) fI~~;;;> /WI ~ttz:::i.
L ltUlJl//<-y. ( f( C )
Salina Street Reconstruction Project: Proofs o(publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Salina Street Reconstruction Project, a
Resolution Adopting plans and specifications for project and a Resolution With respect to the adoption of
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the Resolution of Necessity proposed for the Salina Street Reconstruction Project, presented and read.
Markham moved to table this until Staff is.. ready to bring back. Seconded by Robbins. Motion carried
7-0. A~/ ~--aLcO 1J
Eagle Point Water Plant - Chlorine Feed Room Expansion Project: Proofs of publication on notice
of hearing on plans and specs and notice to bidders on the receipt of bids for the Eagle Point Water Plant
Chlorine Feed Room Expansion Project and City Manager recommending that the Resolution approving the
preliminary plans and specs be rescinded and that the bids be rejected, presented and read. Robbins
moved that the proofs and communication be received and filed. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 423-00
RESOLUTION RESCINDING RESOLUTION NO. 375-00 PRELIMINARY APPROVAL OF PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF THE CHLORINE FEED ROOM AT THE EAGLE POINT WATER
PLANT
Whereas, an advertisement for bids for the construction of a 935 sq. ft. Chlorine Feed Room was
published on August 11, 2000.
Whereas, the City Council deemed it advisable to reject all bids received and rebid 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. 375-00, Preliminary Approval of Plans and Specifications for the construction
of the Chlorine Feed Room Expansion project be rescinded and that the said project be re-bid at a later
date.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0.
Bennett Street Storm Sewer Extension Project: Proofs of publication on notice of hearing on plans
and specifications and notice to bidders on the receipt of bids for construction of the Bennett Street Storm
Sewer Extension Project and City Manager recommending to award contract for project, presented and
read. Robbins moved that the proofs and communication be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 424-00
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 2nd day of August, 2000, plans, specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque, Iowa for the Bennett Street Storm Sewer Extension
Project.
Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was
published as required by law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications, form of contract and estimated cost are hereby approved as the
plans, specifications, form of contract and estimated cost for said improvements for said project.
Passed, adopted and approved this 5th day of September, 2000.
Terrance M. Duggan, Mayor
8
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 425-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the Bennett Street Storm
Extension Project pursuant to Resolution No. 386-00 and notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on the 11 th day of August, 2000.
Whereas, said sealed proposals were opened and read on the 24th day of August, 2000, and it has
been determined that the bid of Royal Oaks Excavating of Peosta, Iowa, in the amount of $26,557.65 was
the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the
plans and speCifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Royal Oaks 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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0.
Discovery Center Parking Lot Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Mississippi River Discovery Center
Parking Lot Pavement Removal Project 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. 426-00
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 2nd day of August, 2000, plans, specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque, Iowa for the Parking Lot Pavement Removal for Mississippi
River Discovery Center.
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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
9
RESOLUTION NO. 427-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the Parking Lot Pavement
Removal for the Mississippi River Discovery Center pursuant to Resolution No. 389-00 and notice to
bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of August,
2000.
Whereas, said sealed proposals were opened and read on the 24th day of August, 2000, and it has
been determined that the bid of McDermott Excavating of Dubuque, Iowa, in the amount of $12,746.25
was the lowest bid for the furnishings of all labor and materials and performing the work as provided for
in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above improvement be awarded to McDermott 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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Robbins moved that the rules be reinstated limiting discussion to the Council.
Markham. Motion carried 7-0.
Seconded by
Iowa Department of Transportation: Communication from the Iowa Department of Transportation
clarifying their request for a development moratorium in the Southwest Arterial Corridor, communication
from City Manager to the Iowa Department of Transportation asking for clarification of their request for
a development moratorium, and communication from the Iowa Department of Transportation requesting
a development moratorium, presented and read.
Mr. Richard Kautz of IDOT spoke.
Michalski moved that this be referred to Staff for preparation of documents. Seconded by
Markham. Carried by the following vote: Yeas--Robbins, Duggan, Markham, Michalski, Nicholson. Nays-
-Buol, Cline.
Consulting Contract for Conceptual Design of Main Street: City Manager recommending that the
City enter into an agreement with Durrant Group for preparation of a Conceptual Design of Main Street,
presented and read. Michalski moved that the communication be received and filed and concurred with
recommendation. Seconded by Cline. Carried by the following vote: Yeas--Buol, Cline, Michalski,
Nicholson. Nays--Robbins, Duggan, Markham.
Long Range Planning Commission:
An Ordinance Amending the City of Dubuque Code of Ordinances Section 36-4 Long Range Planning
Advisory Commission Created; Composition, by suspending the membership on the Commission of a
member of the Zoning Advisory Commission until September 1, 2001, said Ordinance having been
10
presented and read at the Council mee . ;50f 8/7/00 and 8/21/00, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 69-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 36-4 LONG-
RANGE PLANNING ADVISORY COMMISSION CREATED; COMPOSITION, BY SUSPENDING THE
MEMBERSHIP ON THE COMMISSION OF A MEMBER OF THE ZONING ADVISORY COMMISSION UNTIL
SEPTEMBER 1, 2001
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 36-4 of the City of Dubuque Code of Ordinances is amended to read as follows
Sec. 36-4. Long-Range Planning Advisory Commission Created; Composition:
There is hereby created a City Long-Range Planning Advisory Commission, which shall consist of
nine (9) members including a member of the City Council designated by the City Council, a member of the
Zoning Advisory Commission designated by the Zoning Advisory Commission and seven (7) residents of
the City appointed by the City Council who shall be qualified by their knowledge, experience and ability
to contribute to the City's long-range planning and development efforts.
The City Council shall annually designate a Council Member to serve as an alternate in the absence
of the Council's designated representative and the Zoning Advisory Commission shall annually designate
a Commission member to serve as an alternate in the absence of the Commission's designated
representative.
Notwithstanding the foregoing, during the period from the adoption of this ordinance until
September 1, 2001, a member of the Zoning Advisory Commission shall not be a member of the Long-
Range Planning Advisory Commission.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 11th day of September, 2000.
Jeanne F. Schneider, City Clerk
1t 9/11
Michalski moved final consideration and passage of the Ordinance. Seconded bl\.Nicholson.
Carried by the following vote: Yeas--Robbins, Duggan, Markham, Nicholson. Nays-l'uol, Cline,
Michalski. ,(G</
Board of Health Dissolution: An Ordinance Amending the City of Dubuque Code of Ordinances by
Repealing Sec. 23-1 Providing for a Board of Health; by Repealing Sec. 23-3 Providing for the Conduct of
Appeal by the Board of Health; by amending Sec. 7-75 and 7-81 relating to Dangerous Animals, said
Ordinance having been presented and read at the Counc~etingS of 8/7/00 and 8/21/00, now presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 70-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SEC. 23-1
PROVIDING FOR A BOARD OF HEALTH; BY REPEALING SEC. 23-3 PROVIDING FOR THE CONDUCT OF
APPEAL BY THE BOARD OF HEALTH; BY AMENDING SEC. 7-75 AND 7-81 RELATING TO DANGEROUS
11
ANIMALS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 23-1 of the City of Dubuque Code of Ordinances is hereby repealed.
Section 2. Section 23-3 of the City of Dubuque Code of Ordinances is hereby repealed.
Section 3. Section 7-75 of the City of Dubuque Code of Ordinances is amended to read as follows:
ARTICLE III. DANGEROUS ANIMALS
Sec. 7-75. Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following
terms shall, for the purpose of this article, have the meanings in this section.
City means the City of Dubuque.
City manager, chief of police, city clerk, and health services officer mean those employees of the
City of Dubuque duly appointed and holding those positions.
Dangerous animal means:
(1) Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and
which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or
domestic animals and having known tendencies as a species to do so;
(2) Any animal(s) declared to be dangerous by the city manager or the city manager's designee; or
(3) The following animals which shall be deemed to be dangerous animals per se:
a. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats;
b. Wolves, coyotes and foxes;
c. Badgers, wolverines, weasels, skunks and mink;
d. Raccoons;
e. Bears;
f. Monkeys and chimpanzees;
g. Alligators and crocodiles;
h. Scorpions;
I. Snakes that are venomous or of the family: Boidae;
j. Gila monsters; and
k. Any cross breed of such animals which have similar characteristics of the animals specified
above.
Section 4. Section 7-81 of the City of Dubuque Code of Ordinances is hereby amended to read as
follows:
Sec. 7-81. Seizure, impoundment and disposition of dangerous animals.
(a) In the event that a dangerous animal is found at large upon public property, park property, public
right(s) of way, or the property of someone other than its keeper, harborer or shelterer thereby creating
a hazard to person or property, such animal may, in the discretion of the health services officer or the
health services officer's designees, or the chief of police, be destroyed if it cannot be confined or captured.
The city shall be under no duty to attempt the confinement or capture of dangerous animal found at large,
nor shall it have a duty to notify the keeper, harborer, or shelterer of such animal prior to its destruction.
(b) Upon the complaint of any individual that a person is keeping, sheltering, or harboring a
dangerous animal on premises in the city in violation of section 7-77, 7-79, 7-80 or that a person is
keeping, sheltering or harboring a dangerous animal which has demonstrated a propensity to attack or bite
without provocation, the health services officer shall cause the person named in the complaint is keeping,
sheltering or harboring a dangerous animal in the city, the health services officer shall order the person
named in the complaint to safely remove such animal from the city, permanently place the animal with an
12
organization or group allowed under section 7-78 of this Code to possess dangerous animals, or destroy
the animal, within three (3) days of the receipt of such order. Such order shall be contained in a notice to
remove the dangerous animal, which notice shall be in writing and delivered personally or by certified mail
to the person keeping, sheltering or harboring the dangerous animal. Such order and notice to remove the
dangerous animal shall not be required where the health services officer determines that such dangerous
animal has previously caused serious physical harm or death to any person in which case the health
services officer shall cause the animal to be immediately seized and impounded or killed if seizure and
impoundment are not possible without risk of serious physical harm or death to any person.
(c) The order to remove a dangerous animal issued by the health services officer may be appealed
to the City Council. To appeal such order, written notice of appeal stating the grounds for the appeal must
be filed with the city clerk within three (3) days after receipt of the order and notice to remove the
dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of the right to
appeal the order of the health services officer.
(1) The hearing on the appeal shall be within fourteen (14) days of the filing of the notice of
appeal with the city clerk. The hearing may be continued for good cause.
(2) After such hearing, the City Council may affirm or reverse the order of the health services
officer. Such determination shall be contained in a written decision and shall be filed with the city clerk
within three (3) days after the hearing, or any continued session thereof.
(3) If the City Council affirms the action of the health services officer, the City Council shall
order in its written decision that the person sheltering, harboring, or keeping such dangerous animal,
remove such animal from the city, permanently place such animal with an organization or group allowed
under section 7-78 of this Code to possess dangerous animals, or destroy it. The decision and order shall
immediately be served upon the person against whom rendered in the same manner as the notice of
removal.
(d) If the order of the health services officer is not appealed and is not complied with within three
(3) days of its issuance, the health services officer or the health officer's designee is authorized to seize
and impound such dangerous animal. If the written decision of the City Council is not complied with three
(3) days of this issuance, the health services officer or the health services officer's designee is authorized
to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven
(7) days.
(e) If at the end of the impoundment period, the person against whom the decision and order of the
health services officer or City Council was issued has not petitioned the Dubuque County District Court
for review of said order, the health services officer shall cause the animal to be disposed of by sale,
permanently place such animal to be disposed of by sale, permanently place such animal with an
organization or group allowed under section 7-78 of this Code to possess dangerous animals, or destroy
such animal in a humane manner.
Section 5. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 11 th day of September, 2000.
Jeanne F. Schneider, City Clerk
1t 9/11
Robbins moved final consideration and passage of the Ordinance. Seconded by Markham. Carried
by the following vote: Yeas--Robbins, Buol, Duggan, Markham, Nicholson. Nays--Cline, Michalski.
13
Proposed Ordinance - Increasing Fines for Code Violations: City Solicitor William G. Blum
submitting an ordinance amending the Code of Ordinances by increasing the fine for a Code of Ordinance
violation, presented and read. Michalski moved that the communication be received and filed. Seconded
by Buo!' Motion carried 7-0.
An Ordinance Amending the City of Dubuque Code of Ordinances Section 1-8 "General Penalty" by
increasing the fine for a Code of Ordinance violation to a sum not to exceed five hundred dollars ($500),
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 71-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-8 "GENERAL
PENALTY" BY INCREASING THE FINE FOR A CODE OF ORDINANCE VIOLATION TO A SUM NOT TO
EXCEED FIVE HUNDRED DOLLARS ($500.00).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 1-8 of the City of Dubuque Code of Ordinances is amended to read as follows:
Sec. 1-8. General Penalty:
The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this
Code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act
or duty required by this Code or any ordinance or code herein adopted by reference is, unless another
penalty is specified, punishable by a fine in a sum not to exceed five hundred dollars ($500.00) or
imprisonment not to exceed thirty (30) days.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 11th day of September, 2000.
Jeanne F. Schneider, City Clerk
1t 9/11
Michalski moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and
further moved final consideration and passage of the Ordinance. Seconded by Buo!' Motion carried 7-0.
Stop Sign - James Street: City Manager recommending the addition of a stop sign on James Street
at Langworthy Street, presented and read. Markham moved that the communication be received and
filed. Seconded bYN;~o~. ~otion C8f.rie.d ~O. 1lt..~~lLtJ/5CY7 cJt6-~~n~ d~,1.-<_4-~ t''6Ci.- _
t~d Kc 0 r}'l<-clvc:.?Ldl{ (
An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying
Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on James Street at
Langworthy Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 72-00
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY
MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A
STOP SIGN ON JAMES STREET AT LANGWORTHY STREET
14
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding James
Street and Langworthy Street to Subsection (b) of Section 32-214 thereof as follows:
Sect. 32-214. Stop Intersections.
(b)
*
*
*
*
SOUTHBOUND
James Street and Langworthy Street.
Passed, approved and adopted this 5th day of September, 2000.
Terrance A. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 11th day of September, 2000.
Jeanne F. Schneider, City Clerk
1t 9/11
Markham moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and
further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried
6-0. Nicholson absent during vote.
Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street: City Manager
recommending approval of a request from Jojanaro Investments to install a projecting sign at 1168-1179
Iowa Street, presented and read. Buol moved that the communication be received and filed. Seconded
by Markham. Motion carried 7-0.
An Ordinance Authorizing Jojanaro Investments to construct a projecting sign at 1169-1179 Iowa
Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 73-00
AN ORDINANCE AUTHORIZING JOJANARO INVESTMENTS TO CONSTRUCT A PROJECTING SIGN AT
1169-1179 IOWA STREET
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A:
Section 1. That Jojanaro Investments, as the owner of the premises known as 1169-1179 Iowa
Street, Dubuque, Iowa, and legally described as S 16.07' of N 2/5 of City Lot 459, S 18.07' of N 86.73'
of the N 2/5 of Lot 459 and S 18.13' of N 86.73' of N 2/5 of City Lot 459 be and they are hereby granted
the revocable permit and authority to construct and maintain a projecting sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction shall be done in accordance with plans heretofore submitted by
permittees and approved by the City Manager, under the supervision and direction of the City Manager,
and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City
of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on permittees' agreement
to:
a. Assume any and all liability for damages to persons or property which may result from the existence,
location, installation, construction or maintenance of said projecting sign; and
15
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 projecting 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 the projecting 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
projecting sign and in the event of their failure to do so, the City of Dubuque shall be authoriz~d to remove
said projecting 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 projecting sign.
Section 5. That permittees covenant and agree that the revocable permit herein granted does not
constitute an approval of the design, erection, location, construction, repair or maintenance of said facility
and said permittees hereby covenant and agree not to assert such claim or defense against the City of
Dubuque in the event of claim asserted for death, personal injuries and/or 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 Jojanaro
Investments 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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne. F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 73-00
We, the undersigned having read and being familiar with the terms and conditions of Ordinance No.
73-00, 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/ Robert J. Felderman
By: /s/ Janet B. Felderman
By: /s/ John L. Felderman
By: /s/ Nancy J. Felderman
Jojanaro Investments
Dated: August 4, 2000
16
Published officially in the Telegraph Herald newspaper this 11 th day of September, 2000.
Jeanne F. Schneider, City Clerk
1t 9/11
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.
Right-of-Way Encroachment - Projecting Sign at 1824 Central Avenue: City Manager
recommending approval of a request from Pfohl Investment to install a projecting sign at 1824 Central
Avenue, presented and read. Markham moved that the communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
An Ordinance Authorizing Pfohl Investment to construct a projecting sign at 1824 Central Avenue,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 74-00
AN ORDINANCE AUTHORIZING PFOHL INVESTMENT TO CONSTRUCT A PROJECTING SIGN AT 1824
CENTRAL AVENUE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Pfohl Investment as the owner of the premises known as 1824 Central Avenue,
Dubuque, Iowa, and legally described as the S 1/2 of the S.M. 1/5 of City Lot 436 be and is hereby
granted the revocable permit and authority to construct and maintain a projecting sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction shall be done in accordance with plans heretofore submitted by
permittees and approved by the City Manager, under the supervision and direction of the City Manager,
and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City
of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on permittees' agreement
to:
a. Assume any and all liability for damages to persons or property which may result from the existence,
location, installation, construction or maintenance of said projecting 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 projecting 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 the projecting 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
17
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
projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove
said projecting 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 projecting sign.
Section 5. That permittees covenant and agree that the revocable permit herein granted does not
constitute an approval of the design, erection, location, construction, repair or maintenance of said facility
and said permittees hereby covenant and agree not to assert such claim or defense against the City of
Dubuque in the event of claim asserted for death, personal injuries and/or 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 Pfohl
Investment 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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Acceptance of Ordinance No. 74-00
(1) Clarence P. Pfohl, having read the terms and conditions of the foregoing Ordinance No. 74-00
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 September, 2000.
By: /s/ Clarence P. Pfohl
Owner
August, 31, 2000
Published officia.~IIIYY i i.nn )he Telegraph Herald newspaper this 11th day of September, 2000.
I:~ Jeanne F. Schneider, City Clerk
1t 9/11 /haft ~
Jitrot rrfuv~d 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~. Motion carried 7-0.
/j?tJM/#5
Neighborhood Grant Process: City Manager recommending app;dval of a revised Neighborhood
Grant Program, presented and read. Buol moved that the communication be received and filed and
concurred with the recommendations. Seconded by Nicholson. Motion carried 7-0.
Historic Preservation Initiatives: Communication from the Historic Preservation Commission
submitting proposed historic preservation incentives for review and evaluation, presented and read.
..JfimI moved that the communication be received and filed and referred to Staff for study in connection with
/ budget pr.ocess. . Seconded by Buo!' Motion carried 7-0.
~/lk-~-10't..f.z;;'<-' .- L &1?~71 "'oj
Operation: New View Representative: City Council appointment of Council Member Patricia Cline
18
as the City's representative on ~he Operation: New View Board (currently Council Member Nicholson).
Markham moved to appoint Council Member Cline. Seconded by Buo!' Motion carried 7-0.
Five Flags Center Lavatory Stations Replacement Project: City Manager submitting documents
providing for initiation of the Five Flags Center Lavatory Stations Replacement Project, presented and read.
Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 428-00
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the FIVE FLAGS
CENTER LAVATORY STATIONS REPLACEMENT PROJECT, in the estimated amount of $45,500, are
hereby approved and ordered filed in the office of the City Clerk, for public inspection.
Passed, approved and adopted this 5th day of September, 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. 429-00
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 FIVE FLAGS CENTER LAVATORY STATIONS REPLACEMENT PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA,
that on the 2nd day of October, 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, approved and adopted this 5th day of September, 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. 430-00
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the FIVE FLAGS CENTER LAVATORY STATIONS 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
19
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 21st day of September, 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 2nd day of October, 2000.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
Villa Street Retaining Wall Reconstruction: City Manager submitting documents providing for the
Villa Street Retaining Wall Reconstruction Project, presented and read. Michalski moved that the
communication be received and filed. Seconded by Buo!' Motion carried 7-0.
RESOLUTION NO. 431-00
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 Villa Street
Retaining Wall Reconstruction Project, in the estimated amount of $104,500.00, are hereby approved and
ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Buo!' Motion carried 7-0.
RESOLUTION NO. 432-00
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 Villa Street Retaining Wall Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That on the 18th day of September, 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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Buo!' Motion carried 7-0.
RESOLUTION NO. 433-00
ORDERING BIDS
20
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Villa Street Retaining Wall Reconstruction Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an
amount which shall conform to the 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 13th day of September, 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 18th day of September,
2000.
Passed, adopted and approved this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Seconded by Buo!' Motion carried 7-0.
2000 Sidewalk Assessment - Center Grove/Cedar Cross Road/Embassy West Drive: City Manager
submitting documents providing for construction of the 2000 Sidewalk Assessment (Center Grove/Cedar
Cross Road/Embassy West Drive) Project, presented and read. Buol moved that the communication be
received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 434-00
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 2000 Sidewalk
Assessment Project - Center Grove/Cedar Cross Road/Embassy West Drive, in the estimated amount of
$300,509.81, are hereby approved and ordered filed in the office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of September, 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. 435-00
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 2000 Sidewalk Assessment Project - Center Grove/Cedar Cross Road/Embassy
West Drive.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That on the 2nd day of October 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
21
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 September, 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. 436-00
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
2000 Sidewalk Assessment Project - Center Grove/Cedar Cross Road/Embassy West Drive.
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 City sidewalk repairs
and guardrail improvements funds, and special assessment bonds may be issued in 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 September, 2000.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally passed and adopted as proposed by the City Council this 5th
day of September, 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. 437-00 Ad~a/} ~
U DOP G P S FI 0 .~
Whereas, on 30th day of August, 20 ,plans, specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque, Iowa for the 2000 Sidewalk Assessment Project - Center
22
Grove/Cedar Cross Road/Embassy West Drive.
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 September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0.
Police Department Block Grant Funds for Calendar Year 1999 and Calendar Year 2000: City
Manager recommending that a public hearing be scheduled for September 18, 2000, to consider the
expenditure of Police Department 1999 Block Grant Funds and 2000 Block Grant Funds, presented and
read. Michalski moved that the communication be received and filed and set Public Hearing for 9-18-00
at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner
prescribed by law. Seconded by Buo!' Motion carried 7-0.
Bond Sale to Support Third Street Parking Ramp and Airport T-Hangars: City Manager
recommending that a public hearing be set for September 18, 2000 to consider the sale of General
Obligation Bonds to support construction of the Third Street Parking Ramp ($5,600,000) and Airport T-
Hangars ($690,000), presented and read. Buol moved that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 438-00
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $690,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General
Obligation Bonds to the amount of not to exceed $690,000 as authorized by Section 384.25, of the.tCiW
Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate
purpose project as hereinafter described; and
Whereas, before said Bonds may be issued, it is necessary to comply with the provisions of said
Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting
at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or
written objections from any resident or property owner of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa,
at 6:30 o'clock P.M. on the 18th day of September, 2000, for the purpose of taking action on the matter
of the issuance of not to exceed $690,000 General Obligation Bonds for an essential corporate purpose
of said City, the proceeds of which Bonds will be used to provide funds to pay costs of construction of
improvements at the Dubuque Regional Airport, including those costs associated with the rehabilitation
and improvement of existing T-hangar airplane facilities and the construction of new T-hangar airplane
facilities.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice
23
of said meeting, in a legal newspaper, printed wholly in the English language, published at lease once
weekly, and having general circulation in said City, said publication to be not less than four clear days nor
more than twenty days before the date of said public meeting on the issuance of said Bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the
following form:
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $690,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public
hearing on the 18th day of September, 2000, at 6:30 o'clock P.M. in the Auditorium, Carnegie-Stout
Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the
issuance of not to exceed $690,000 General Obligation Bonds for an essential corporate purpose of said
City, in order to provide funds to pay costs of construction of improvements at the Dubuque Regional
Airport, including those costs associated with the rehabilitation and improvement of existing T-hangar
airplane facilities and the construction of new T-hangar airplane facilities.
At the above meeting the Council shall receive oral or written objections from any resident or
property owner of said City, to the above action. After all objections have been received and considered,
the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of
said Bonds or will abandon the proposal to issue said Bonds.
This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of
the City Code of Iowa.
Dated this 5th day of September, 2000.
S~iL (End of Notice)
Passed and approved t~is@day pf September, 2000.
G.,tUI/Yl/,?,ct - tIY
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and further set this for Public Hearing on 9-18-00 at 6:30
P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by
law. Seconded by Nicholson. Motion carried 7-0.
Jeanne F. Schneider,
City Clerk of Dubuque, Iowa
Terrace M. Duggan, Mayor
RESOLUTION NO. 439-00
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $5,600,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General
Obligation Bonds to the amount of not to exceed $5,600,000 as authorized by Section 384.25, of th~
Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate
purpose project as hereinafter described; and
Whereas, before said Bonds may be issued, it is necessary to comply with the provisions of said
Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting
at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or
written objections from any resident or property owner of said City to such action and the right to petition
24
for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa,
at 6:30 o'clock P.M. on the 18th day of September, 2000, for the purpose of taking action on the matter
of the issuance of not to exceed $5,600,000 General Obligation Bonds for an essential corporate purpose
of said City, the proceeds of which Bonds will be used to provide funds to pay costs of aiding in the
planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter
403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque
Urban Renewal District, including but not limited to the construction of a structured parking facility located
at Third and Main Street.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice
of said meeting, in a legal newspaper, printed wholly in the English language, published at lease once
weekly, and having general circulation in said City, said publication to be not less than four clear days nor
more than twenty days before the date of said public meeting on the issuance of said Bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the
following form:
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $5,600,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public
hearing on the 18th day of September, 2000, at 6:30 o'clock P.M. in the Auditorium, Carnegie-Stout
Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the
issuance of not to exceed $5,600,000 General Obligation Bonds for an essential corporate purpose of said
City, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban
renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and
Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, including but not limited
to the construction of a structured parking facility located at Third and Main Streets.
At the above meeting the Council shall receive oral or written objections from any resident or
property owner of said City, to the above action. After all objections have been received and considered,
the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of
said Bonds or will abandon the proposal to issue said Bonds.
At any time before the date of said meeting, a petition, asking that the question of issuing such
Bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner
provided by Section 362.4 of the ~ Code of Iowa, pursuant to the provisions of Section 384.26 of the
~ Code of Iowa.
This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of
the ~ Code of Iowa.
Dated this 5th day of September, 2000.
Jeanne F. Schneider,
City Clerk of Dubuque, Iowa
(End of Notice)
Passed and approved this 5th day of September, 2000.
Attest: Jeanne F. Schneider, City Clerk
Terrace M. Duggan, Mayor
25
Buol moved adoption of the Resolution and further set this for Public Hearing on 9-18-00 at 6:30
P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by
law. Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2001 Budget Amendment: City Manager recommending that a public hearing be set
for September 18, 2000 to consider an amendment to the Fiscal Year 2001 Budget, presented and read.
Michalski moved that the communication be received and filed. Seconded by Buo!' Motion carried 7-0.
RESOLUTION NO. 440-00
RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR
2001 BUDGET AND DATE OF PUBLIC HEARING
Whereas, it is proposed that the City of Dubuque amend the Fiscal Year 2001 budget; and
Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such
a budget amendment.
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 notice of public
hearing on an amendment to the adopted budget for the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution and set Public Hearing for 9/18/00 at 6:30 P.M. in the
Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Seconded by Buo!' Motion carried 7-0.
At 8:38 P.M., Buol moved to go into Closed Session: Pending Litigation and Property Acquisition
(Iowa Code ~21.5(1 )(c)(j). Seconded by Nicholson. Motion carried 7-0.
At 9:34 P.M., Council reconvened Regular Session with statement that Staff had been given proper
direction.
There being no further business, Buol moved to adjourn the meeting. Seconded by Nicholson.
Motion carried 7-0. The meeting adjourned at 9:35 P.M.
/s/ Jeanne F. Schneider
City Clerk
Approved
Adopted
,2000
, 2000
Mayor
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CITY OF DUBUQUE, IOWA
COUNCil PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 5, 2000
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.
The invocation was given by Rev. Robert Weinhold, Pastor of St. Paul Lutheran Church.
Mayor Duggan swore in Mayor Pro-Tem John Markham.
PROCLAMATIONS: Supporting the Dragon Boat Festival (September 8, 9, 10, 2000) received
by Sue Hamilton, President of the Dubuque Dragon Boat Assn.; Assisted Living Week
(September 10 - 16, 2000) received by Diane Brondyke, Manager of Sunset Park Place, and
Awareness Day for A-T (September 16, 2000) received by Tony and Linda Harvey.
Minutes Submitted: Electrical Code Board of 8/14; Five Flags Commission of 7/24 and 8/21;
Human Rights Commission of 7/10; Library Board of Trustees of 7/27; Long Range Planning
Advisory Commission - Downtown Planning Committee of 8/14; Plumbing Board of 8/22;
Zoning Board of Adjustment of 7/27, upon motion received and filed.
Proof of Publication of Council Proceedings for Meetings of July 31, August 7, 14, and 17; List
of Claims and Summary of Revenues for Month Ending June, 2000, upon motion received and
filed.
Investment Oversight Commission submitting the 29th Quarterly Report, and the Civic Center
Commission's Fiscal Year 2000 Year-End Report, upon motion received and filed.
Notice of Claims/Suits: Patrick A. Konsen in estimated amount of $800 for vehicle damage
and Diane Wertz in estimated amount of $1,045.07 for vehicle damages, upon motion referred
to the Legal Staff for investigation and report.
Corporation Counsel advising the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Harkey for
reimbursement of medical expenses, and Beth A. Miller for sewer backup damage, upon motion
received and filed.
Corporation Counsel recommending denial of the vehicle damage claim of David G. Hennessy,
the vehicle damage claim of Donald Kohl, and the vehicle damage claim of Tracy Ploessl, upon
motion received and filed and concurred with the recommendation.
Corporation Counsel advising that the claim of Richard S. Hillard for vehicle damage has been
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forwarded to the Dubuque Jaycees for handling, upon motion received and filed.
Ordinance No. 68-00 Amending the City of Dubuque Code of Ordinances by changing the
reference in Sections 10-23, 10-24, and 10-38 from "Dock Division Manager" to "City
Manager," said Ordinance having been presented and read at the Council Meetings of 8/7/00
and 8/21/00 now presented for final action. Suol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Communications from the Iowa Department of Economic Development regarding the City's
Local Housing Assistance Program Applications #01-LHAP-002 and #01-LHAP-003, upon
motion received and filed.
Notice of Warn Act from The Sinsinawa Dominicans stating that the services provided at St.
Dominic Villa in Dubuque are being transferred to a new facility at the Mother House in
Wisconsin, upon motion received and filed.
City Manager recommending approval of the Five Flags usage agreement with the Dubuque
Fighting Saints for the upcoming season, upon motion received and filed and concurred with
recommendation.
City Manager recommending support of a grant application that the Dubuque Girls Independent
League will be submitting to the Iowa Department of Natural Resources (IDNR) for Recreation
Infrastructure funding for the Riprow Valley Recreational Area, upon motion received and filed.
Suol moved adoption of Resolution No. 416-00 Supporting a grant application for Iowa
Department of Natural Resources Recreation Infrastructure Funds for the Riprow Valley
Recreational Area. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of Dubuque Industrial Center West Grading, Paving and
Utilities Phase I Project as completed by McAninch Construction Company in the final amount
of $5,622,265.19, upon motion received and filed. Suol moved adoption of: Resolution No.
417-00 Accepting improvement for project and Resolution No. 418-00 Approving final estimate
in amount of $5,662,265.19. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending to award the contract for the Fifth Street Reconstruction Project
to Portzen Construction in the amount of $194,853.15, upon motion received and filed. Suol
moved adoption of Resolution No. 419-00 Awarding contract to Portzen Construction in the
amount of $194,853.15. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting letter of support for the Dubuque Girls Independent League and their
Riprow Valley Recreation Area development project, upon motion received and filed and
approved letter of support.
City Manager recommending City sponsorship of communications to the Iowa Congressional
2
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delegation in support of legislation to assist Section 8 households at risk of loss of housing due
to expiration of existing project-based HUD contracts, upon motion received and filed and
concurred with recommendation.
Request of Phillip Love to transfer The Lounge liquor license, LC13969, to Miller Riverview Park
for the Dragon Boat races on September 9, 2000, upon motion received and filed and approved
request.
Sharon A. Eickhorn, Oky Doky #5, requesting a refund of Cigarette License #004511, in the
amount of $75.00, upon motion received and filed and approved request.
Buol moved adoption of: Resolution No. 420-00 Granting issuance of a permit to sell Cigarettes
and Cigarette Papers to Midway Hotel/Hoffman House; Resolution No. 421-00 Granting
issuance of Class "C" Beer Permit to Rainbo Oil Company (Kwik Stop at 2255 Kerper Blvd);
Resolution No. 422-00 Granting issuance of Class "C" Beer/Liquor Permit to Lucky 13 Tap.
Seconded by Nicholson. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
ZONING BOARD OF ADJUSTMENT: Frederick R. Beeler, Fred Freebolin. Mr. Freebolin spoke.
Appointments to the following Boards/Commissions:
AIRPORT COMMISSION: R. J. Blocker, Teri Goodmann, Don Hedeman, Nancy Ann Helling.
Upon vote Teri Goodmann was appointed to the four year term which will expire 9-14-04.
TV CABLE TELEPROGRAMMING COMMISSION: Jennifer Tigges. Upon motion Jennifer Tigges
reappointed to a three year term which will expire 6-30-03.
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Conceptual Development Plan - Menard Inc.: 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 and an
Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west
of Westside Court from C-3 General Commercial District and CS Commercial Service and
Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial
District designation and adopting a Conceptual Development Plan, with conditions, for Menard,
Inc., upon motion approved request to table.
Salina Street Reconstruction Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Salina Street Reconstruction
Project, a Resolution Adopting plans and specifications for project and a Resolution With respect
3
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to the adoption of the Resolution of Necessity proposed for the Salina Street Reconstruction
Project, upon motion tabled until Staff is ready to bring back.
Eagle Point Water Plant - Chlorine Feed Room Expansion Project: Proofs of publication on
notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Eagle
Point Water Plant Chlorine Feed Room Expansion Project and City Manager recommending that
the Resolution approving the preliminary plans and specs be rescinded and that the bids be
rejected, upon motion received and filed. Robbins moved adoption of Resolution No. 423-00
Rescinding Resolution No. 375-00 Preliminary approval of plans and specifications for
construction of the Chlorine Feed Room at the Eagle Point Water Plant. Seconded by Cline.
Motion carried 7-0.
Bennett Street Storm Sewer Extension Project: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids for construction of the
Bennett Street Storm Sewer Extension Project and City Manager recommending to award
contract for project, upon motion received and filed. Robbins moved adoption of: Resolution
No. 424-00 Adopting plans and specifications for project and Resoh:ltion No. 425-00 Awarding
contract for project to Royal Oaks Excavating in the amount of $26,557.65. Seconded by
Markham. Motion carried 7-0.
Discovery Center Parking Lot Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Mississippi River Discovery
Center Parking Lot Pavement Removal Project and City Manager recommending to award
contract for project, upon motion received and filed. Markham moved adoption of Resolution
No. 426-00 Adopting plans and specifications for project and Resolution No. 427-00 Awarding
contract for project to McDermott Excavating in the amount of $12,746.25. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation clarifying their request for a development moratorium in the Southwest Arterial
Corridor, communication from City Manager to the Iowa Department of Transportation asking
for clarification of their request for a development moratorium, and communication from the
Iowa Department of Transportation requesting a development moratorium, upon motion referred
to Staff for preparation of documents.
Consulting Contract for Conceptual Design of Main Street: City Manager recommending that
the City enter into an agreement with Durrant Group for preparation of a Conceptual Design of
Main Street, upon motion received and filed and concurred with recommendation.
Long Range Planning Commission: Ordinance No. 69-00 Amending the City of Dubuque Code
of Ordinances Section 36-4 Long Range Planning Advisory Commission Created; Composition,
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by suspending the membership on the Commission of a member of the Zoning Advisory
Commission until September 1, 2001, said Ordinance having been presented and read at the
Council meeting of 8/7/00 and 8/21/00, now presented for final action. Michalski moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following
vote: Yeas--Robbins, Duggan, Markham, Nicholson. Nays-- Buol, Cline, Michalski.
Board of Health Dissolution: Ordinance No. 70-00 Amending the City of Dubuque Code of
Ordinances by Repealing Sec. 23-1 Providing for a Board of Health; by Repealing Sec. 23-3
Providing for the Conduct of Appeal by the Board of Health; by amending Sec. 7-75 and 7-81
relating to Dangerous Animals, said Ordinance having been presented and read at the Council
Meetings of 8/7/00 and 8/21/00, now presented for final action. Robbins moved final
consideration and passage of the Ordinance. Seconded by Markham. Carried by the following
vote: Yeas--Robbins, Buol, Duggan, Markham, Nicholson. Nays--Cline, Michalski.
Proposed Ordinance - Increasing Fines for Code Violations: City Solicitor William G. Blum
submitting an ordinance amending the Code of Ordinances by increasing the fine for a Code of
Ordinance violation, upon motion received and filed. Ordinance No. 71-00 Amending the City
of Dubuque Code of Ordinances Section 1-8 "General Penalty" by increasing the fine for a Code
of Ordinance violation to a sum not to exceed five hundred dollars ($ 500), presented and read.
Michalski moved that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Buo!' Motion carried 7-0.
Stop Sign - James Street: City Manager recommending the addition of a stop sign on James
Street at Langworthy Street, upon motion received and filed. Ordinance No. 72-00 Amending
the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section
32-214 thereof providing for the addition of a stop sign on James Street at Langworthy Street,
presented and read. Markham moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it
is to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 6-0. Nicholson absent during vote.
Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street: City Manager
recommending approval of a request from Jojanaro Investments to install a projecting sign at
1168-1179 Iowa Street, upon motion received and filed. Ordinance No. 73-00 Authorizing
Jojanaro Investments to construct a projecting sign at 1169-1179 Iowa Street, presented and
read. Buol moved that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Markham. Motion carried 7-0.
Right-of-Way Encroachment - Projecting Sign at 1824 Central Avenue:
City Manager
5
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recommending approval of a request from Pfohl Investment to install a projecting sign at 1824
Central Avenue, upon motion received and filed. Ordinance No. 73-00 Authorizing Pfohl
Investment to construct a projecting sign at 1824 Central Avenue, presented and read. Buol
moved that the requirement that a proposed Ordinance be considered and voted on for passage
at two Council Meetings prior to the meeting at which it is to be finally passed be suspended
and further moved final consideration and passage of the Ordinance. Seconded by Markham.
Motion carried 7-0.
Neighborhood Grant Process: City Manager recommending approval of a revised Neighborhood
Grant Program, upon motion received and filed and concurred with recommendation.
Historic Preservation Initiatives: Communication from the Historic Preservation Commission
submitting proposed historic preservation incentives for review and evaluation, upon motion
received and filed and referred to Staff for study in connection with budget process.
Operation: New View Representative: City Council appointment of Council Member Patricia
Cline as the City's representative on the Operation: New View Board (currently Council Member
Nicholson). Upon motion it was resolved to appoint Council Member Cline.
Five Flags Center Lavatory Stations Replacement Project: City Manager submitting documents
providing for initiation of the Five Flags Center Lavatory Stations Replacement Project, upon
motion received and filed. Buol moved adoption of: Resolution No. 428-00 Preliminary
approval of plans and specifications in estimated amount of $45,500; Resolution No. 429-00
Fixing date of hearing on plans and specifications for October 2, 2000 at 6:30 P.M. in the Public
Library Auditorium and that the City Clerk publish notice in the manner prescribed by law;
Resolution No. 430-00 Ordering bids and directing Clerk to advertise. Seconded by Nicholson.
Motion carried 6-0. Markham absent during vote.
Villa Street Retaining Wall Reconstruction: City Manager submitting documents providing for
the Villa Street Retaining Wall Reconstruction Project, upon motion received and filed.
Michalski moved adoption of: Resolution No. 431-00 Preliminary approval of plans and
specifications in estimated amount of $104,500; Resolution No. 432-00 Fixing date of hearing
on plans and specifications for September 18, 2000 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice in the manner prescribed by law; Resolution
No. 433-00 Ordering bids and directing Clerk to advertise. Seconded by Buo!' Motion carried
7-0.
2000 Sidewalk Assessment - Center Grove/Cedar Cross Road/Embassy West Drive: City
Manager submitting documents providing for construction of the 2000 Sidewalk Assessment
(Center Grove/Cedar Cross Road/Embassy West Drive) Project, upon motion received and filed.
Buol moved adoption of: Resolution No. 434-00 Preliminary approval of plans and specifications
in estimated amount of $300,509.81; Resolution No. 435-00 Fixing date of hearing on plans
and specifications for October 2, 2000 at 6:30 P.M. in the Public Library Auditorium and that
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the City Clerk publish notice in the manner prescribed by law; Resolution No. 436-00 Resolution
of Necessity; Resolution No. 437-00 Approval of preliminary estimated assessments for
project. Seconded by Nicholson. Motion carried 7-0.
Police Department Block Grant Funds for Calendar Year 1999 and Calendar Year 2000: City
Manager recommending that a public hearing be scheduled for September 18, 2000, to consider
the expenditure of Police Department 1999 Block Grant Funds and 2000 Block Grant Funds,
upon motion received and filed and set Public Hearing for 9-18-00 at 6:30 P.M. in the Public
Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Bond Sale to Support Third Street Parking Ramp and Airport T-Hangars: City Manager
recommending that a public hearing be set for September 18, 2000 to consider the sale of
General Obligation Bonds to support construction of the Third Street Parking Ramp
($5,600,000) and Airport T-Hangars ($690,000), upon motion received and filed. Buol moved
adoption of: Resolution No. 438-00 Fixing date for a meeting on the proposition of the
issuance of not to exceed $690,000 General Obligation Bonds (for an Essential Corporate
Purpose) of Dubuque, Iowa, and providing for publication of notice thereof and Resolution No.
439-00 Fixing date for a meeting on the proposition of the issuance of not to exceed
$5,600,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa,
and providing for publication of notice thereof, and further set these for Public Hearing on 9-18-
00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the
manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2001 Budget Amendment: City Manager recommending that a public hearing be
set for September 18, 2000 to consider an amendment to the Fiscal Year 2001 Budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 440-00 Directing the
City Clerk to publish proposed amendment to the Fiscal Year 2000 budget and date of public
hearing, and set Public Hearing for 9/18/00 at 6:30 P.M. in the Public Library Auditorium and
that the City Clerk publish notice in the manner prescribed by law. Seconded by Buo!' Motion
carried 7-0.
At 8:38 P.M., upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition (Iowa Code ~21.5(1 )(c)(j).
At 9:34 P.M., Council reconvened Regular Session with statement that Staff had been given
proper direction.
There being no further business, upon motion meeting adjourned at 9:35 P.M.
/s/ Jeanne F. Schneider
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 MONDAY, SEPTEMBER 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
9/5/00
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, September 5, 2000
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.
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The invocation was given by Rev. Robert Weinhold, Pastor of St. Paul Lutheran Church.
Mayor Duggan swore in Mayor Pro-Tem John Markham.
PROCLAMATIONS: Supporting the Dragon Boat Festival (September 8, 9, 10, 2000) received
by Sue Hamilton, President of the Dubuque Dragon Boat Assn.; Assisted Living Week
(September 10 - 16, 2000) received by Diane Brondyke, Manager of Sunset Park Place, and
Awareness Day for A-T (September 16, 2000) received by Tony and Linda Harvey.
Minutes Submitted: Electrical Code Board of 8/14; Five Flags Commission of 7/24 and 8/21;
Human Rights Commission of 7/10; Library Board of Trustees of 7/27; Long Range Planning
Advisory Commission - Downtown Planning Committee of 8/14; Plumbing Board of 8/22;
Zoning Board of Adjustment of 7/27, upon motion received and filed.
Proof of Publication of Council Proceedings for Meetings of July 31, August 7, 14, and 17; List
of Claims and Summary of Revenues for Month Ending June, 2000, upon motion received and
filed.
Investment Oversight Commission submitting the 29th Quarterly Report, and the Civic Center
Commission's Fiscal Year 2000 Year-End Report, upon motion received and filed.
Notice of Claims/Suits: Patrick A. Konsen in estimated amount of $800 for vehicle damage
and Diane Wertz in estimated amount of $1,045.07 for vehicle damages, upon motion referred
to the Legal Staff for investigation and report.
Corporation Counsel advising the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Harkey for
reimbursement of medical expenses, and Beth A. Miller for sewer backup damage, upon motion
received and filed.
Corporation Counsel recommending denial of the vehicle damage claim of David G. Hennessy,
the vehicle damage claim of Donald Kohl, and the vehicle damage claim of Tracy Ploessl, upon
motion received and filed and concurred with the recommendation.
. Corporation Counsel advising that the claim of Richard S. Hillard for vehicle damage has been
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forwarded to the Dubuque Jaycees for handling, upon motion received and filed.
Ordinance No. 68-00 Amending the City of Dubuque Code of Ordinances by changing the
reference in Sections 10-23, 10-24, and 10-38 from IJDock Division Manager" to IJCi+
Manager," said Ordinance having been presented and read at the Council Meetings of 817 /v\..
and 8/21/00 now presented for final action. Buol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Communications from the Iowa Department of Economic Development regarding the City's
Local Housing Assistance Program Applications #01-LHAP-002 and #01-LHAP-003, upon
motion received and filed.
Notice of Warn Act from The Sinsinawa Dominicans stating that the services provided at St.
Dominic Villa in Dubuque are being transferred to a new facility at the Mother House in
Wisconsin, upon motion received and filed.
City Manager recommending approval of the Five Flags usage agreement with the Dubuque
Fighting Saints for the upcoming season, upon motion received and filed and concurred with
recommendation.
City Manager recommending support of a grant application that the Dubuque Girls Independent
League will be submitting to the Iowa Department of Natural Resources (IDNR) for Recreation
Infrastructure funding for the Riprow Valley Recreational Area, upon motion received and filed.
Buol moved adoption of Resolution No. 416-00 Supporting a grant application for 10V\
Department of Natural Resources Recreation Infrastructure Funds for the Riprow Valley
Recreational Area. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending acceptance of Dubuque Industrial Center West Grading, Paving and
Utilities Phase I Project as completed by McAninch Construction Company in the final amount
of $5,622,265.19, upon motion received and filed. Buol moved adoption of: Resolution No.
417-00 Accepting improvement for project and Resolution No. 418-00 Approving final estimate
in amount of $5,662,265.19. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending to award the contract for the Fifth Street Reconstruction Project
to Portzen Construction in the amount of $194,853.15, upon motion received and filed. Buol
moved adoption of Resolution No. 419-00 Awarding contract to Portzen Construction in the
amount of $194,853.15. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting letter of support for the Dubuque Girls Independent League and their
Riprow Valley Recreation Area development project, upon motion received and filed and
approved letter of support.
City Manager recommending City sponsorship of communications to the Iowa Congression'
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delegation in support of legislation to assist Section 8 households at risk of loss of housing due
to expiration of existing project-based HUD contracts, upon motion received and filed and
concurred with recommendation.
Request of Phillip Love to transfer The Lounge liquor license, LC13969, to Miller Riverview Park
for the Dragon Boat races on September 9, 2000, upon motion received and filed and approved
request.
Sharon A. Eickhorn, Oky Doky #5, requesting a refund of Cigarette License #00 4511, in the
amount of $75.00, upon motion received and filed and approved request.
Buol moved adoption of: Resolution No. 420-00 Granting issuance of a permit to sell Cigarettes
and Cigarette Papers to Midway Hotel/Horfman House; Resolution No. 421-00 Granting
issuance of Class "C" Beer Permit to Rainbo Oil Company (Kwik Stop at 2255 Kerper Blvd);
Resolution No. 422-00 Granting issuance of Class "C" Beer/Liquor Permit to Lucky 13 Tap.
Seconded by Nicholson. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
ZONING BOARD OF ADJUSTMENT: Frederick R. Beeler, Fred Freebolin. Mr. Freebolin spoke.
Appointments to the following Boards/Commissions:
AIRPORT COMMISSION: R. J. Blocker, Teri Goodmann, Don Hedeman, Nancy Ann Helling.
Upon vote Teri Goodmann was appointed to the four year term which will expire 9-14-04.
TV CABLE TELEPROGRAMMING COMMISSION: Jennifer Tigges. Upon motion Jennifer Tigges
reappointed to a three year term which will expire 6-30-03.
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Conceptual Development Plan - Menard Inc.: 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 and an
Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west
of Westside Court from C-3 General Commercial District and CS Commercial Service and
Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial
District designation and adopting a Conceptual Development Plan, with conditions, for Menard,
Inc., upon motion approved request to table.
Salina Street Reconstruction Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Salina Street Reconstruction
Project, a Resolution Adopting plans and specifications for project and a Resolution With respect
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to the adoption of the Resolution of Necessity proposed for the Salina Street Reconstruction "
Project, upon motion tabled until Staff ;s ready to bring back.
Eagle Point Water Plant - Chlorine Feed Room Expansion Project: Proofs of publication r
notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Eag,~
Point Water Plant Chlorine Feed Room Expansion Project and City Manager recommending that
the Resolution approving the preliminary plans and specs be rescinded and that the bids be
rejected, upon motion received and filed. Robbins moved adoption of Resolution No. 423-00
Rescinding Resolution No. 375-00 Preliminary approval of plans. and specifications for
construction of the Chlorine Feed Room at the Eagle Point Water Plant. Seconded by Cline.
Motion carried 7-0.
Bennett Street Storm Sewer Extension Project: Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on the receipt of bids for construction of the
Bennett Street Storm Sewer Extension Project and City Manager recommending to award
contract for project, upon motion received and filed. Robbins moved adoption of: Resolution
No. 424-00 Adopting plans and specifications for project and Resolution No. 425-00 Awarding
contract for project to Royal Oaks Excavating in the amount of $26,557.65. Seconded by
Markham. Motion carried 7-0.
Discovery Center Parking Lot Project: Proofs of publication on notice of hearing on plans and
specifications and notice to bidders on the receipt of bids for the Mississippi River Discovery
Center Parking Lot Pavement Removal Project and City Manager recommending to award
contract for project, upon motion received and filed. Markham moved adoption of Resolutit
No. 426-00 Adopting plans and specifications for project and Resolution No. 427-00 Awarding
contract for project to McDermott Excavating in the amount of $12,746.25. Seconded by
Nicholson. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
Iowa Department of Transportation: Communication from the Iowa Department of
Transportation clarifying their request for a development moratorium in the Southwest Arterial
Corridor, communication from City Manager to the Iowa Department of Transportation asking
for clarification of their request for a development moratorium, and communication from the
Iowa Department of Transportation requesting a development moratorium, upon motion referred
to Staff for preparation of documents.
Consulting Contract for Conceptual Design of Main Street: City Manager recommending that
the City enter into an agreement with Durrant Group for preparation of a Conceptual Design of
Main Street, upon motion received and filed and concurred with recommendation.
Long Range Planning Commission: Ordinance No. 69-00 Amending the City of Dubuque Code
of Ordinances Section 36-4 Long Range Planning Advisory Commission Created; Compositior
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by suspending the membership on the Commission of a member of the Zoning Advisory
Commission until September 1, 2001, said Ordinance having been presented and read at the
Council meeting of 8/7/00 and 8/21/00, now presented for final action. Michalski moved final
consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following
vote: Yeas--Robbins, Duggan, Markham, Nicholson. Nays-- Buol, Cline, Michalski.
Board of Health Dissolution: Ordinance No. 70-00 Amending the City of Dubuque Code of
Ordinances by Repealing Sec. 23-1 Providing for a Board of Health; by Repealing Sec. 23-3
Providing for the Conduct of Appeal by the Board of Health; by amending Sec. 7-75 and 7-81
relating to Dangerous Animals, said Ordinance having been presented and read at the Council
Meetings of 8/7/00 and 8/21/00, now presented for final action. Robbins moved final
consideration and passage of the Ordinance.~ Seconded by Markham. Carried by the following
vote: Yeas--Robbins, Buol, Duggan, Markham, Nicholson. Nays--Cline, Michalski.
Proposed Ordinance - Increasing Fines for Code Violations: City Solicitor William G. Blum
submitting an ordinance amending the Code of Ordinances by increasing the fine for a Code of
Ordinance violation, upon motion received and filed. Ordinance No. 71-00 Amending the City
of Dubuque Code of Ordinances Section 1-8 "General Penalty" by increasing the fine for a Code
of Ordinance violation to a sum not to exceep five hundred dollars ($500), presented and read.
Michalski moved that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Buo/. Motion carried 7-0.
Stop Sign - James Street: City Manager recommending the addition of a stop sign on James
Street at Langworthy Street, upon motion received and filed. Ordinance No. 72-00 Amending
the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section
32-214 thereof providing for the addition of a stop sign on James Street at Langworthy Street,
presented and read. Markham moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it
is to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Michalski. Motion carried 6-0. Nicholson absent during vote.
Right-of-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street: City Manager
recommending approval of a request from Jojanaro Investments to install a projecting sign at
1168-1179 Iowa Street, upon motion received and filed. Ordinance No. 73-00 Authorizing
Jojanaro Investments to construct a projecting sign at 1169-1179 Iowa Street, presented and
read. Buol moved that the requirement that a proposed Ordinance be considered and voted on
for passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Markham. Motion carried 7-0.
Right-of-Way Encroachment - Projecting Sign at 1824 Central Avenue:
City Manager
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recommending approval of a request from Pfohl Investment to install a projecting sign at 1824 ...
Central Avenue, upon motion received and filed. Ordinance No. 73-00 Authorizing Pfohl
Investment to construct a projecting sign at 1824 Central Avenue, presented and read. Buol
moved that the requirement that a proposed Ordinance be considered and voted on for passa~
at two Council Meetings prior to the meeting at which it is to be finally passed be suspende,-
and further moved final consideration and passage of the Ordinance. Seconded by Markham.
Motion carried 7-0.
Neighborhood Grant Process: City Manager recommending approval of a revised Neighborhood
Grant Program, upon motion received and filed and concurred with recommendation.
Historic Preservation Initiatives: Communication from the Historic Preservation Commission
submitting proposed historic preservation incentives for review and evaluation, upon motion
received and filed and referred to Staff for study in connection with budget process.
Operation: New View Representative: City Council appointment of Council Member Patricia
Cline as the City's representative on the Operation: New View Board (currently Council Member
Nicholson). Upon motion it was resolved to appoint Council Member Cline.
Five Flags Center Lavatory Stations Replacement Project: City Manager submitting documents
providing for initiation of the Five Flags Center Lavatory Stations Replacement Project, upon
motion received and filed. Buol moved adoption of: Resolution No. 428-00 Preliminary
approval of plans and specifications in estimated amount of $45,500; Resolution No. 429-00
Fixing date of hearing on plans and specifications for October 2, 2000 at 6:30 P.M. in the Pub!.
Library Auditorium and that the City Clerk publish notice in the manner prescribed by law;
Resolution No. 430-00 Ordering bids and directing Clerk to advertise. Seconded by Nicholson.
Motion carried 6-0. Markham absent during vote.
Villa Street Retaining Wall Reconstruction: City Manager submitting documents providing for
the Villa Street Retaining Wall Reconstruction Project, upon motion received and filed.
Michalski moved adoption of: Resolution No. 431-00 Preliminary approval of plans and
specifications in estimated amount of $104,500; Resolution No. 432-00 Fixing date of hearing
on plans and specifications for September 18, 2000 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice in the manner prescribed by law; Resolution
No. 433-00 Ordering bids and directing Clerk to advertise. Seconded by Buol. Motion carried
7-0.
2000 Sidewalk Assessment - Center Grove/Cedar Cross Road/Embassy West Drive: City
Manager submitting documents providing for construction of the 2000 Sidewalk Assessment
(Center Grove/Cedar Cross Road/Embassy West Drive) Project, upon motion received and filed.
Buol moved adoption of: Resolution No. 434-00 Preliminary approval of plans and specifications
in estimated amount of $300,509.81; Resolution No. 435-00 Fixing date of hearing on plans
and specifications for October 2, 2000 at 6:30 P.M. in the Public Library Auditorium and the
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the City Clerk publish notice in the manner prescribed by law; Resolution No. 436-00 Resolution
of Necessity; Resolution No. 437-00 Approval of preliminary estimated assessments for
project. Seconded by Nicholson. Motion carried 7-0.
Police Department Block Grant Funds for Calendar Year 1999 and Calendar Year 2000: City
Manager recommending that a public hearing be scheduled for September 18, 2000, to consider
the expenditure of Police Department 1999 Block Grant Funds and 2000 Block Grant Funds,
upon motion received and filed and set Public Hearing for 9-18-00 at 6:30 P.M. in the Public
Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.
Bond Sale to Support Third Street Parking Ramp and Airport T-Hangars: City Manager
recommending that a public hearing be set for September 18, 2000 to consider the sale of
General Obligation Bonds to support construction of the Third Street Parking Ramp
($5,600,000) and Airport T-Hangars ($690,000), upon motion received and filed. Buol moved
adoption of: Resolution No. 438-00 Fixing date for a meeting on the proposition of the
issuance of not to exceed $690,000 General Obligation Bonds (for an Essential Corporate
Purpose) of Dubuque, Iowa, and providing for publication of notice thereof and Resolution No.
439-00 Fixing date for a meeting on the proposition of the issuance of not to exceed
$5,600,000 General Obligation Bonds (for an Essential Corporate Purpose) of Dubuque, Iowa,
and providing for publication of notice thereof, and further set these for Public Hearing on 9-18-
00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the
manner prescribed by law. Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2001 Budget Amendment: City Manager recommending that a public hearing be
set for September 18, 2000 to consider an amendment to the Fiscal Year 2001 Budget, upon
motion received and filed. Michalski moved adoption of Resolution No. 440-00 Directing the
City Clerk to publish proposed amendment to the Fiscal Year 2000 budget and date of public
hearing, and set Public Hearing for 9/18/00 at 6:30 P.M. in the Public Library Auditorium and
that the City Clerk publish notice in the manner prescribed by law. Seconded by Buo!' Motion
carried 7-0.
At 8:38 P.M., upon motion it was resolved to go into Closed Session: Pending Litigation and
Property Acquisition (Iowa Code s21.5(1 )(c)(j).
At 9:34 P.M., Council reconvened Regular Session with statement that Staff had been given
proper direction.
There being no further business, upon motion meeting adjourned at 9:35 P.M.
Jeanne F. Schneider
City Clerk
1 t 9/14
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