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CITY COUNCIL REGULAR SESSION, OCTOBER 2, 2000
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
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PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, MARKHAM,
MICHAL~I, NICHP(SON, ROBpiNS
CITY MANAGER MICHAEL V AN~ILLlGEN, CORPORATION COUNSEL BAR~ LINDAHL
ABSENT:
Mayor Pro-Tern Markham 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.'xf .
INVOCATION: Alan Garfield. Member of Temple Beth-EI / ;/rt,ot/l- ) ,4ft
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(1)
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PROCLAMATIONS: White Cane Safety Day -- received by
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Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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CONSENT ITEMS
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j1.yes Nays
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Bttggan'
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.~ /J)Michalski
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Minutes Submitted
Airport Commission of 9/15; Civil Service Commission of 8/31; Five Flags
Commission of 9/18; Housing Commission of 9/12; Park and Recreation
Commission of 9/12
Suggested Disposition: Receive and File
Printed Council Proceedings for July, 2000; proofs of publication for the
Community Development Block Grant Program
Suggested Disposition: Receive and File; Approve as Printed
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2.
Notice of Claims/Suits
Sue Bussan in undetermined amount for personal injuries; Jay Cottrell in
undetermined amount for vehicle damage; Klauer Development Compa~y in
estimated amount of $770.62 for vehicle damage; Dolores M. Kotz in estimated
amount of $131 .00 for property damage.
Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation
Corporation Counsel advising the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Gail Cording for personal injuries; James Kearney for property damage.
Suggested Disposition: Receive and File; Concur
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Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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Corporation Counsel recommending settlement for reimbursement expenses for the
sewer backup claim of Jan Troy in the amount of $331.36 and directing the
Finance Director to issue payment.
Suggested Disposition: Receive and File; Approve Settlement
Corporation Counsel recommending denial of the property damage claim of Robert
Papenthein.
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending that the vehicle damage claim of Dan Bukowski
be referred to Project Concern.
Suggested Disposition: Receive and File; Concur
3. Citizen Communications
Communications of students at Hoover School questioning why the City closed the
swimming pools in August.
Suggested Disposition: Receive and File; Refer to City Manager
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Ayes Nays
1/ Buol
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Duggan
/' Markham
lJ /(j) Michalski
)' J/ / ./ Nicholson
Jfv / Robbins
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4.
Garfield Place Urban Revitalization Area
ORDINANCE X X Establishing the Garfield Place Urban Revitalization Area
as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa.
Suggested Disposition: Receive and File; Second and Third Readings
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Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
5. Request to Rezone Property at 2699 Rockdale Road
ORDINANCE 75-{/z/ Amending Appendix A of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 2699
Rockdale Road from C-1 Neighborhood Commercial District to C-2 Neighborhood
Shopping Center District
Suggested Disposition: Receive and File; Second and Third Readings
Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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6.
Proposed Development Moratorium in the Southwest Arterial Corridor
Communication from William J. Maiers, representing Mr. and Mrs. William A.
Siegert, requesting that the issue of a proposed development moratorium in the
Southwest Arterial Corridor, be set for a public hearing prior to any final decision.
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Communication from City Manager recommending that the request to enact a
moratorium along the proposed Southwest Arterial Corridor at Highway 20 be
referred to the Zoning Advisory Commission.
Suggested Disposition: Receive and File; Refer to Zoning Advisory Commission
Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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7.
Northwest Arterial
Communication of William J. Maiers, representing the City of Sageville, regarding
jurisdiction of the Northwest Arterial.
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Communication of Richard E. Kautz, Iowa Department of Transportation, to William
J. Maiers regarding the proposed transfer of jurisdiction of the Northwest Arterial to
local governmental agencies. Communication of William J. Maiers to Richard E.
Kautz, Iowa Department of Transportation, on the proposed transfer of jurisdiction.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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8.
Notice of Expiration of Right of Redemption
Notices of Expiration of Right of Redemption on two parcels of property from Eric
Stierman, Dubuque County Treasurer,
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Suggested Disposition: Receive and File
9. Iowa Department of Economic Development
Communication from Alan E. Collet, Iowa Department of Economic Development,
amending the City's HOME Investment Partnership Program Master Contract and
Funding Agreement by revising the completion date and extending the performance
period to December 31, 2000.
Suggested Disposition: Receive and File
10. City of Asbury Voluntary Annexation
City Development Board advising that they will be considering the above voluntary
annexation at their meeting on October 12, 2000.
Suggested Disposition: Receive and File
11 . Montcrest Street
City Manager advising that work has begun on resurfacing Montcrest Street in
response to a citizen petition.
. Suggested Disposition: Receive and File
Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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12. Manson Road - Acceptance of Warranty Deed
City Manager recommending acceptance of the warranty deed for a right-of-way
purchase on Manson Road.
RESOLUTION ~t:';/:5-'t1{; Accepting a conveyance of property on Manson Road to
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
13. Pennsylvania Avenue - Acceptance of Warranty Deed
City Manager recommending acceptance of the warranty deed for a buyout of
flood-damaged property on Pennsylvania Avenue.
RESOLUTION 4/6&'~zJ Accepting a conveyance of property on Pennsylvania
Avenue to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14.
Support of Application for Housing Tax Credits for the Iowa Inn
City Manager recommending approval of a letter supporting the, MetroPlains
Development application to the Iowa Finance Authority for housing tax credits for
the Iowa Inn Project.
Suggested Disposition: Receive and File; Approve Letter of Support
Ayes Nays
Suol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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15. Human Rights - Housing and Urban Renewal Grant
City Manager advising that the Human Rights Department has received a HUD grant
in the amount of $45,400, which will be subject to a future budget amendment.
Suggested Disposition: Receive and File
16. Project Concern Request for Additional Funds
City Manager recommending that a request from Project Concern for additional
funding in the amount of $9,859.53 be approved.
Suggested Disposition: Receive and File; Approve Request
17. Memorandum of Agreement with the Dubuque County Historical Society
City Manager recommending approval of a Memorandum of Agreement between
the City and the Dubuque County Historical Society for the River Discovery Center
project.
Suggested Disposition: Receive and File; Approve Agreement
Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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18.
Supplement No. 46 to the Code of Ordinances
City Manager recommending adoption of Supplement No. 46 to the Code of
Ordinances.
RESOLUTION ..;/~ /~tnJ Adopting Supplement No. 46 to the Code of Ordinances
of the City of Dubuque, Iowa
Suggested Dispositoin: Receive and File; Adopt Resolution
19. Joint Public Notice - U.S. Army Corps of Engineers/lOOT
Notice from the U.S. Army Corps of Engineers and the Iowa Department of
Transportation of the intent to construct a new four-lane divided roadway along the
north side of Dubuque from John F. Kennedy Road east to U.S. Highway 52/1owa
Highway 3.
Suggested Disposition: Receive and File
20.
Business Licenses/!,
RESOLUTION ~6 :?-/f-tJ Granting issuance of Class jn1 Beer Permit to Happy
Joe's Ice Cream; Class "C" Beer Permit to 5 Point Mart and Kwik Stop Food Mart
RESOLUTION "5<:; "7-t9ZJ Granting issuance of Class "C" Beer/Liquor Permit
to Dog House Lounge, Carol's Place, and Fat Tuesdays; Class "C" Beer/Wine Liquor
License to Sugar Ray's Barbeque; Class "C" Beer/Wine Liquor License (5 Day) to
Loras College Field House
Suggested Disposition: Adopt Resolutions
Ayes Nays
Buol
Cline
Duggan
Markham
Michalski
Nicholson
Robbins
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BOARDS/COMMISSIONS
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Applicants are invited to address the Council to express their desire to serve on the
following Boards/Commissions:
Environmental Stewardship Advisory Commission: David B. Czarnecki
APPOINTMENTS to the following Boards/Commissions:
Environmental Stewardship Advisory Commission: Brianna Tully
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Housing Commission (Section 8 Representative): Jeremy Austin; Joe Hopkins
Communication of Jeremy Austin regarding his appointment
Communication of Carleen Schroeder regarding the appointment of Joe Hopkins
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Austin Hopkins 1/ ,Buol
Austin Hopkins / . i Cline
Austin Hopkins Duggan
Austin Hopkins / Markham
Austin Hopkins Michalski/
Austin Hopkins ,/ Nicholson
Austin Hopkins Robbins /
Investment Oversight Commission: Charles Spielman
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PUBLIC HEARINGS
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Motion to Suspend the Rules
Ayes Nays
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1.
2000 Sidewalk Assessment Project (Center Grove/Cedar Cross Road/Embassy West
Drive)
Proofs of publication on notice of hearing on plans and specifications and notice to
property owners, and City Manager recommending approval of the project and an
amended schedule of assessments.
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Objections to the 2000 Sidewalk Assessment Project from: Thomas J. Hamel; Gary
Pfab; Maxine and Burt Steve; John Van Duyn (Best Western Dubuque Inn); Richard
Hansel; Merlin and Mary Merfeld; Jim Giesemann; John and Sally Herrig; Larry and
Roberta Wolff; Gregory A. Bastian and John T. Dunakey (Chicago Central and
Pacific Railroad); Ken Haugen (Olive Garden); Hughes Court Investment Company;
petition containing 12 signatures; petition containing 8 signatures. (This is 100%
of property owners objecting to the project.)
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RESOLUTION O/{; 9-.&t? Adopting plans and specifications
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RESOLUTION -4'~;: 7. - t9:. '() Ordering bids . /J
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RESOLUTION 4;,;;f7 -dt! With respect to the adoption of the Resolution of /'
Necessity proposed for the 2000 Sidewalk Assessment -- Center Grove/Cedar ~
Cross Road/Embassy West Drive
Suggested Disposition: Receive and File; Adopt Resolutions (Requires unanimous
vote to approve)
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Nays
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Conceptual Development Plan - Menard Inc. -- Tabled at Meeting of 9/5/00
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.
2.
Communication of Thomas W. O'Neil, Menard, Inc., stating that they have
additional information available for the requested rehearing.
ORDINANCE X X 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.
Suggested Disposition: Motion to Remove from Table; Receive and File; Motion B;
Motion A
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3.
Triple J. land Company Rezoning
Proof of publication on notice of hearing to consider rezoning property located at
2155 Rockdale Road from R-3 Moderate Density Multi-Family Residential District to
OS Office Service District.
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ORDINANCE /' b~'lr{J Amending Appendix A (The Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 2155 Rockdale Road from R-3 Moderate Density Multi-Family Residential
District to OS Office Service District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
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Nays
Buol
Cline
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Markham
Michalski
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4.
Bond Sale to Support Additional Airport T -Hangars
Proof of publication on notice of public hearing and communication of City Manager
recommending the issuance of $690,000 for renovation and construction of
additional Airport T-Hangars.
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RESOLUTION L/~-{JiJ Instituting proceedings to take additional action for
the issuance of not to exceed $690,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
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Ayes Nays
i/ Buol
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/ Markham
/ Michalski
,/ Nicholson
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5.
Sutton Pool Water Playground
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for construction of the Sutton Pool Water Playground
and City Manager recommending that the one bid received be rejectea.
RESOLUTION ~~:,~ Rescinding Resolution #413-00 Preliminary approval of
plans and specifications for Sutton Pool Water Playground Construction Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
.../ Buol
&;' -tf"O t/ Cline
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../ Markham
/' @Michalski
./ Nicholson
,/ rf} Robbins
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6.
Five Flags Lavatory Stations Replacement Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Five Flags Lavatory Stations Replacement
Project and City Manager recommending to award contract for project.
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RESOLUTION ~;/?J-, tf'O Adopting plans and specifications for project
RESOLUTION /-//,,,af: CJ11 Awarding contract for project to Klauer Construction
Company in the amount of $38,959
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Suggested Disposition: Receive and File; Adopt Resolutions
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Buol
Cline
gwn8f1
Markham
(i) Michalski
Nicholson
($ Robbins
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REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
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Markham
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ACTION ITEMS
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1.
Alta Place - Stop Signs
City Manager recommending the installation of stop signs at the intersections of
Alta Place and Decorah Street and Alta Place and Delaware Street.
ORDINANCE 77 -- c7tJ Amending the Code of Ordinances of the City of
Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing
for the addition of stop signs on Alta Place at Decorah Street and Delaware Street
Suggested Disposition: Receive and File; Motion B; Motion A
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~ye'f:. Nays
/ L1 Buol
Cline
D'lggen
/' Markham
/ Michalski
,/ @ Nicholson
(./" Robbins
2.
Jackson Street - Two-Hour Parking
City Manager recommending the creation of a "Two Hour Parking" Zone on the
east side of Jackson Street from Milwaukee Street to Ruby Street in response to a
petition from business owners.
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ORDINANCE 7 6' -- cJt/ Amending Section 32-362 of the Code of Ordinances
of the City of Dubuque, Iowa, providing for two-hour parking by adding certain
portions of Jackson Street
Suggested Disposition: Receive and File; Motion B; Motion A
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. ,yes Nays
v "& Buol
./ Cline
/ ,. () CWl18R
It? 1/ Markham
/ Michalski
Nicholson
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3.
Amendment to Section 32 of the Code of Ordinances of the City of Dubuque
City Manager recommending an amendment to Sections 32-311 and 32-314 of the
City of Dubuque Code of Ordinances to remove three lots from the parking system
and adding two new lots.
ORDINANCE 7y--{1() Amending the City of Dubuque Code of Ordinances
Section 32-311 designating municipally owned parking lots by removing specific
lots; amending Section 32-312 Meters - Installation Authorized and Directed; and
amending Section 32-314 Establishing Meters - Time and Fee Schedule for
Municipal Lots by removing the meter time and fee schedule for specific lots
Suggested Disposition: Receive and File; Motion B; Motion A
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Buol
Cline
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Michalski
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Robbins
4.
Expanded Parking Meter District
City Manager recommending an amendment to Section 32-336 of the Code of
Ordinances to expand the existing meter district to include the east side of Bluff
Street from 7th Street to 8th Street.
ORDINANCE J~ Amending the City of Dubuque Code of Ordinances
Section 32-336 establishing the municipal parking meter district by including both
sides of Bluff Street from 3rd Street to 8th Street
Suggested Disposition: Receive and File; Motion B; Motion A
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Buol
Cline:'/
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Markham
;QMichalski
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5.
NLC Delegate
City Council to appoint a voting delegate for the National League of Cities'
Congress of Cities in December.
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Suggested Disposition: Council Appointment
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Ay~ Nays
./ (Y Buol
/' Cline
--Buggan
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/ ;;;) Michalski
/ 07 Nicholson
/ Robbins
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Salina Street Reconstruction
City Manager submitting documents providing for the reconstruction of Salina
Street.
RESOLUTION ~~?- t:lZJ Fixing date of hearing on plans and specs for
November 6, 2000
RESOLUTION //' '/ Ii - if {J Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00
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AY7i Nays
t!/ Buol
Cline
DYgg811
Markham
Michalski
Nicholson
(j) Robbins
Pine Street - Request to Vacate
City Manager recommending that a public hearing be set for October 16, 2000 to
consider a petition to vacate a portion of Pine Street.
RESOLUTION L/-;1y-/<J(J of Intent to dispose of City interest in Lot 21 2A of
East Dubuque Addition in the City of Dubuque, Iowa
RESOLUTION /;/'6tJ--t9V Approving plat of the proposed vacated westerly 17
feet of Pine Street between East 14th Street;:;;J East 15th Street
~
ORDINANCE /;0 --t!-tJ Vacating the westerly 17 feet of Pine Street between
East 14th Street and East 15th Street
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A;
Public Hearing 10/16/00
/t/{/
'. / Ay~ Nays
v if Buol
/' Cline
v/
i/
/
,,/
D.ISSiitfl
Markham
Michalski
g Nicholson
Robbins
20
.
.
4.
3.
Water Department - Supervisory Control and Data Acquisition System
City Manager submitting documents providing for the purchase and fabrication of the
equipment for the Water Department Supervisory Control and Data Acquisition
System. L/8/ .
RESOLUTION --,/'-,/L,/_ lid Preliminary approval of plans and specifications for project
in estimated amount of $240,000
~/'gC;U
RESOLUTION ~ ~tfO Fixing date of hearing on plans and specs for November
6, 2000 . "4
L /3' ../
RESOLUTION -L//?~ d1f Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00
y/O
/. AY~. Nays
v (JR Buol
/f!) Cline
J)vggan
Markham
Michalski
Nicholson
Robbins
v
/
V
/'
./
Water Department - Pennsylvania Pump Station
City Manager submitting documents providing for construction of the Pennsylvania
Pump Station. ~/~~-
RESOLUTION ~//' ,~ Preliminary approval of plans and specifications for project
in estimated amount of $363,000
'/'e .5
RESOLUTION ~./ (Jt1 Fixing date of hearing on plans and specs for November 6,
2000
/7/S"c;
RESOLUTION ~/;?~d--tf Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00
,,/ A~ Nays
,/ Buol
Cline
II
z/ DW881m
/ Markham
Michalski
. / Nicholson
./ ({J Robbins
21
.
. 6.
.
5.
Eagle Point Water Plant, Chlorine Feed Room Expansion
City Manager submitting documents providing for construction of the Eagle Point
Water Plant Chlorine Feed Room Expansion.
~O/
RESOLUTION -L;~f) .--(tV Preliminary approval of plans and specifications for project
in estimated amount of $125,000
7'C;r
RESOLUTION W -,(JV Fixing date of hearing on plans and specs for November
6, 2000
z./~'9
RESOLUTION ~ JCW Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00
Ayes Nays
Buol
() Cline
Dtlggan
Markham
Michalski
Nicholson
() Robbins
South Fork Sanitary Sewer - Phase II Acceptance
City Manager recommending acceptance of the South Fork Sanitary Sewer - Phase II
project and setting a public hearing on the connection fees to the sanitary sewer for
October 16, 200,,<}Yt9 L/';?02/
RESOLUTION -zI/S'3 ~t:JtJ Providing for notice of the date, time and place of a public
hearing on an ordinance establishing the South Fork Sanitary Sewer Project - Phase II
and a schedule of connection fees
~. c-/?cJ
RESOLUTION ~~7'~;l-tl Accepting improvement
~~ ~/f/I
RESOLUTION ~ -cf1tJ Approving final estimate in amount of $770,461.93
k'()
~
/
,/
./
./
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/16/00
Ayes
V
J / ()
b
Nays
Buol
Cline
'~n
/ Markham
/' . f!) Michalski
/ Nicholson
/' e Robbins
/'
22
7.
Fiscal Year 2001 Budget Amendment
City Manager recommending that a public hearing be set for October 16, 2000 to
consider an amendment to the Fiscal Year 2001 Budget.
LjLJ' .3
RESOLUTION ~ -eft} Directing the City Clerk to publish proposed amendment to
the Fiscal Year 2000 budget and date of public hearing
.
Suggested Disposition: Receive and File; Adopt Resolution; Hearing 10/16/00
Disposition of Property to Plastic Center, Inc.
City Manager recommending that a public hearing be set for October 16, 2000 to
consider the disposition of property to Plastic Center, Inc.
~;,/? y
RESOLUTION ~tft/ of Intent to dispose of an interest fn real property by deed
to Plastic Center, Inc.
Suggested Disposition: Receive and File; Adopt Resolution; Hearing 10/16/00
.
1(1)
II ,0
Nays
Buol
Cline
Qtiggan
/' Markham
./ (j) Michalski
/ Nicholson
/ (:j; Robbins
Ayes
/'
/
.
23
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.
.
.
COUNCIL MEMBER REPORTSX'
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are
of concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments;
however, no formal or official action may be taken at this time on your comments because of
the notice requirements of the Iowa Open Meetings Law.
Motion to go into closed session
CLOSED SESSION
Property Acquisition (Iowa Code ~ 21 .5 (1 )(j)
, ,(}J
;/0-
Ayes Nays
..../Buol
;/
.. Cline
-Duggan
Markham
Michalski
Nicholson
Robbins
./
/@
./
/(J)
Motion to adjourn ;//c/' , :3 Cf-/
Ayes Nays
Buol
(J) Cline
Duggan
Markham
Michalski
(YNicholson
Robbins
24
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, OCTOBER 2, 2000, AT 6:30 P.M., IN
THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL.
~ "l\~\>
MAYOR
9/18/00