12 18 00 Minutes this Meeting
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 18, 2000
Council met in Regular Session at 6:30 P.M. in the Public 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 a regular session of the City Council called for the
purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming
Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of
11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning
Board of Adjustment of 11/30, upon motion received and filed.
Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and
Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00,
upon motion received and filed.
Finance Director submitting the Financial Report for the month ending November 30, 2000, upon
motion received and filed.
Official Council Proceedings of October, 2000, upon motion approved as printed.
Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property
damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense;
Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating
in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount
of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of
$1,479.02 for loss of business, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the property damage claim of Florence Hird in
the amount of $59.15; the property damage claim of Key Apartments West in the amount of
$335.61; and the property damage claim of Patti Schilling in the amount of $25.00, upon motion
received and filed and directed Finance Director to issue payment.
Appointments to the Owner-Occupied Affordable Housing Committee: City Manager
recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied
Affordable Housing Committee, upon motion received and filed and concurred with
recommendation.
Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager
recommending acceptance of the deed to property donated to the City by Carl and Mary Ann
Burbach, upon motion received and filed. Buol moved adoption of Resolution No. 590-00
Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach
Declaration of Trust dated January 24, 1995. Seconded by Robbins. Motion carried 7-0.
Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court
requesting that the area be designated as a Residential Parking Permit District, upon motion
referred to the City Manager.
Certified Local Government Report to State Historic Preservation Office: City Manager submitting
the 2000 Certified Local Government Annual Report, upon motion received and filed.
Jaeger Heights Subdivision NO.3 - Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No.3,
upon motion received and filed. Buol moved adoption of Resolution No. 591-00 Approving the
Plat of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision
No.3, in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0.
Heron Pond Trail Extension: City Manager recommending the submission of a Recreational
Trails Grant application to IDOT for funding of the extension of Heritage Trail from Heron Pond
to Pyatigorsk Park, upon motion received and filed. Buol moved adoption of Resolution No. 592-
00 Authorizing a grant application for Iowa Department of Transportation Recreational Trails
Funds for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park. Seconded by
Robbins. Motion carried 7-0.
2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the
2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, upon
motion received and filed. Buol moved adoption of Resolution No. 593-00 Accepting
improvement for project and Resolution No. 594-00 Approving final estimate in amount of
$476,674.64. Seconded by Robbins. Motion carried 7-0.
William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending
acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount
of $79,448.65, upon motion received and filed. Buol moved adoption of Resolution No. 595-00
Accepting improvement for project and Resolution No. 596-00 Approving final estimate in amount
of $79,448.65. Seconded by Robbins. Motion carried 7-0.
North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance
of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, upon
motion received and filed. Buol moved adoption of Resolution No. 597-00 Accepting
improvement for project and Resolution No. 598-00 Approving final estimate in amount of
$492,989.56. Seconded by Robbins. Motion carried 7-0.
Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the
Kerper Court Construction Project in the final contract amount of $640,476.08, upon motion
received and filed. Buol moved adoption of Resolution No. 599-00 Accepting improvement for
project and Resolution No. 600-00 Approving final estimate in amount of $640,476.08. Seconded
by Robbins. Motion carried 7-0.
Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of
Klauer Manufacturing for removal of parking at several corners in the area of 26th and 27th Streets
between Central and Elm Streets has been withdrawn, upon motion received and filed.
Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of
four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond
Dubuque, Incorporated, upon motion received and filed. Buol moved adoption of Resolution No.
601-00 Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl,
Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Seconded by Robbins.
Motion carried 7-0.
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Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the
parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry
Lazore, new owner of the Redstone Inn, upon motion received and filed. Buol moved adoption
of Resolution No. 602-00 Consenting to the assignment of the lease agreement between the City
of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement
Company to Jerry Lazore. Seconded by Robbins. Motion carried 7-0.
Fiscal Year 2002 Policy Guidelines: City Manager recommending approval of the Fiscal Year
2002 Policy Guidelines, upon motion received and filed and approved.
Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the
Chairperson of the Iowa Department of Transportation Commission requesting modification to the
hospital signage on Highway 20, upon motion received and filed and approved letter of support.
Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to
the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs
on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, upon motion
received and filed and approved letter.
HOME Investment Partnership Program Contract: Communication from the Iowa Department
of Economic Development revising the master contract and funding agreement for the HOME
Program by changing the completion date and extending the performance period to June 30,
2001, upon motion received and filed.
Business Licenses: Buol moved adoption of Resolution No. 603-00 Granting issuance of a
permit to sell Cigarettes and Cigarette Papers to Tobacco Outlet Plus and Grandview Milk House;
Resolution No. 604-00 Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class
"C" Beer Permit to Big 10 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus;
Resolution No. 605-00 Granting issuance of Class "B" Beer/Liquor License to Holiday Inn Five
Flags and Julien Inn; and Class "C" (Commercial) Beer/Liquor License to Michael's Bar-X and The
White House. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire
to serve on the following Boards/Commissions: Housing Code Appeals Board - Applicants:
William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke.
Appointment to the following Commission: Human Rights Commission (Three terms expiring
1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E.
Jackson. Upon vote Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed
to three year terms which will expire 1/1/04.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council
if they so desire.
Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider
rezoning property located on U.S. Highway 20, southwest 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 designation to allow for development of a
new Menard's store, upon motion received and filed. Tom O'Neill of Menard, Inc., Dan Coyle
of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke
in favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor
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of the project but requested the continuation of a trip lane traffic signal for exiting trucks.
Ordinance No. 106-00 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. Michalski moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it is
to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Markham, Michalski,
Nicholson, Robbins, Buol, Cline. Nays--Duggan.
Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning: Proof of
publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from
AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment
Co./Schneider Land Surveying, to allow for construction of a warehouse building, upon motion
received and filed. Robert Kirpes of 419 Winona spoke in favor of the rezoning. Ordinance No.
107 -00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the end of Hughes Court
from AG Agricultural District to LI Light Industrial District. Seconded by Cline. Motion carried 7-0.
Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning
property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family
Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow
for construction of a duplex, upon motion received and filed. Mike Kelly, 1400 Kelly Lane, spoke
in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of
the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located
along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two-
Family Residential District, presented and read. Markham moved to concur with the denial.
Seconded by Cline. Motion carried 7-0.
Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Upon
motion it was removed from the table. Steve Gorius, 2461 Spring Green, spoke requesting the
rezoning. Ordinance No. 108-00 Amending Appendix A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120
John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General
Commercial District, 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 Cline. Carried by the following vote: Yeas--Duggan,
Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson.
Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending
approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project,
upon motion received and filed. Markham moved adoption of Resolution No. 606-00 Adopting
the final assessment schedule for the concrete repairs on Grandview at Delhi project including
certain information required by the Code of Iowa, specifically, the number of annual installments
into which assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the final schedule and to publish notice
thereof. Seconded by Nicholson. Motion carried 7-0.
Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on
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notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the
Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project
and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100,
upon motion received and filed. Buol moved adoption of Resolution No. 607-00 Adopting plans
and specifications for project and Resolution No. 608-00 Awarding contract to Peterson
Contractors, Inc. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting
recommended changes to the Human Rights Ordinance, upon motion received and filed.
Thom Determan spoke requesting the changes. Ordinance No.1 09-00 Amending the Code of
the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new
Section 27-27(4) Powers and Duties in lieu thereof, 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.
Vision Iowa Application: City Manager recommending approval of a Resolution in support of the
Vision Iowa Application for funds for America's River for the Mississippi River Conference and
Education Center and the Mississippi River Discovery Center and Aquarium at the Port of
Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 589-00
of City of Dubuque support for the Vision Iowa Application for funds for America's River for the
Mississippi River Conference and Education Center and the Mississippi River Discovery Center
and Aquarium at the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking"
zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently
reconstructed Fifth Street, from Iowa Street to Locust Street, upon motion received and filed.
Ordinance No. 110-00 Amending the City of Dubuque Code of Ordinances, Section 32-363(d)
prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa
and Locust Streets and Ordinance No. 111-00 Amending Code of Ordinances of the City of
Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle
parking, presented and read. Robbins moved that the requirement that the proposed Ordinances
be considered and voted on for passage at two Council Meetings prior to the meeting at which
they are to be finally passed be suspended and further moved final consideration and passage
of the Ordinance. Seconded by Michalski. Motion carried 7-0.
"No Parking" in Alley by Lincoln School: City Manager recommending approval of parking
restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a
petition from residents of the area, upon motion received and filed. Ordinance No. 112-00
Amending Section 32-262 ( d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting
parking on designated streets, or portions thereof, by adding the alley between West Fifth Street
and University Avenue from Nevada Street to Alpine Street, presented and read. Robbins moved
that the requirement that a proposed Ordinance be considered and voted on for passage at two
Council Meetings prior to the meeting at which it is to be finally passed be suspended and further
moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried
7-0.
Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site
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be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001
public hearing, upon motion received and filed and concurred.
Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City
issU'e a Request for Proposals for Master Planning and Design Services for the ninety acres of
the Fourth Street Peninsula, and to include'a price for the thirty acres south of the Ice Harbor to
see if that is affordable at this time, upon motion received and filed and approved
recommendation.
Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow
rem-oval.
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public
hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows
Second Addition at the request of Jim Stock Realty & Construction, upon motion received and
filed. Buol moved adoption of Resolution No. 609-00 of Intent to dispose of City interest and
vacate water main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows
Second Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Markham.
Motion carried 7-0.
At 8:37 P.M. Upon motion it was resolved to go into Closed Session re: Property Acquisition and
Pending Litigation (Iowa Code Chapter 21.5(1 )U)(c).
At 8:49 Council reconvened Regular Session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:50 P.M.
/7;;j/74'//7;j;~~V~/
{. // Jeanne F. Schneider
City Clerk
1 t 12/27
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 18, 2000
Council met in Regular Session at 6:30 P.M. in the Public 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 a regular session of the City Council called for the
purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming
Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of
11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning
Board of Adjustment of 11/30, upon motion received and filed.
Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and
Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00,
upon motion received and filed.
Finance Director submitting the Financial Report for the month ending November 30, 2000, upon
motion received and filed.
Official Council Proceedings of October, 2000, upon motion approved as printed.
Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property
damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense;
Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating
in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount
of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of
$1,479.02 for loss of business, upon motion referred to the Legal Staff for investigation and report.
Corporation Counsel recommending settlement of the property damage claim of Florence Hird in
the amount of $59.15; the property damage claim of Key Apartments West in the amount of
$335.61; and the property damage claim of Patti Schilling in the amount of $25.00, upon motion
received and filed and directed Finance Director to issue payment.
Appointments to the Owner-Occupied Affordable Housing Committee: City Manager
recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied
Affordable Housing Committee, upon motion received and filed and concurred with
recommendation.
Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager
recommending acceptance of the deed to property donated to the City by Carl and Mary Ann
Burbach, upon motion received and filed. Buol moved adoption of Resolution No. 590-00
Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach
Declaration of Trust dated January 24, 1995. Seconded by Robbins. Motion carried 7-0.
Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court
requesting that the area be designated as a Residential Parking Permit District, upon motion
referred to the City Manager.
Certified Local Government Report to State Historic Preservation Office: City Manager submitting
the 2000 Certified Local Government Annual Report, upon motion received and filed.
Jaeger Heights Subdivision No.3 - Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No.3,
upon motion received and filed. Buol moved adoption of Resolution No. 591-00 Approving the
Plat of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision
No.3, in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0.
Heron Pond Trail Extension: City Manager recommending the submission of a Recreational
Trails Grant application to lOOT for funding of the extension of Heritage Trail from Heron Pond
to Pyatigorsk Park, upon motion received and filed. Buol moved adoption of Resolution No. 592-
00 Authorizing a grant application for Iowa Department of Transportation Recreational Trails
Funds for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park. Seconded by
Robbins. Motion carried 7-0.
2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the
2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, upon
motion received and filed. Buol moved adoption of Resolution No. 593-00 Accepting
improvement for project and Resolution No. 594-00 Approving final estimate in amount of
$476,674.64. Seconded by Robbins. Motion. carried 7-0.
William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending
acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount
of $79,448.65, upon motion received and filed. Buol moved adoption of Resolution No. 595-00
Accepting improvement for project and Resolution No. 596-00 Approving final estimate in amount
of $79,448.65. Seconded by Robbins. Motion carried 7-0.
North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance
of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, upon
motion received and filed. Buol moved adoption of Resolution No. 597-00 Accepting
improvement for project and Resolution No. 598-00 Approving final estimate in amount of
$492,989.56. Seconded by Robbins. Motion carried 7-0.
Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the
Kerper Court Construction Project in the final contract amount of $640,476.08, upon motion
received and filed. Buol moved adoption of Resolution No. 599-00 Accepting improvement for
project and Resolution No. 600-00 Approving final estimate in amount of $640,476.08. Seconded
by Robbins. Motion carried 7-0.
Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of
Klauer Manufacturing for removal of parking at several corners in the area of 26th and 2]lh Streets
between Central and Elm Streets has been withdrawn, upon motion received and filed.
Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of
four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond
Dubuque, Incorporated, upon motion received and filed. Buol moved adoption of Resolution No.
601-00 Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl,
Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Seconded by Robbins.
Motion carried 7-0.
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Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the
parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry
Lazore, new owner of the Redstone Inn, upon motion received and filed. Buol moved adoption
of Resolution No. 602-00 Consenting to the assignment of the lease agreement between the City
of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement
Company to Jerry Lazore. Seconded by Robbins. Motion carried 7-0.
Fiscal Year 2002 Policy Guidelines: City Manager recommending approval of the Fiscal Year
2002 Policy Guidelines, upon motion received and filed and approved.
Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the
Chairperson of the Iowa Department of Transportation Commission requesting modification to the
hospital signage on Highway 20, upon motion received and filed and approved letter of support.
Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to
the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs
on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, upon motion
received and filed and approved letter.
HOME Investment Partnership Program Contract: Communication from the Iowa Department
of Economic Development revising the master contract and funding agreement for the HOME
Program by changing the completion date and extending the performance period to June 30,
2001, upon motion received and filed.
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Business Licenses: Buol moved adoption of Resolution No. 603-00 Granting issuance of a
permit to sell Cigarettes and Cigarette Papers to Tobacco Outlet Plus and Grandview Milk House;
Resolution No. 604-00 Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class
"C" Beer Permit to Big 1 0 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus;
Resolution No. 605-00 Granting issuance of Class "B" Beer/Liquor License to Holiday Inn Five
Flags and Julien Inn; and Class "C" (Commercial) Beer/Liquor License to Michael's Bar-X and The
White House. Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire
to serve on the following Boards/Commissions: Housing Code Appeals Board - Applicants:
William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke.
Appointment to the following Commission: Human Rights Commission (Three terms expiring
1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E.
Jackson. Upon vote Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed
to three year terms which will expire 1/1/04.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council
if they so desire.
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Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider
rezoning property located on U.S. Highway 20, southwest 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 designation to allow for development of a
new Menard's store, upon motion received and filed. Tom O'Neill of Menard, Inc., Dan Coyle
of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke
in favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor
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of the project but requested the continuation of a trip lane traffic signal for exiting trucks.
Ordinance No. 106-00 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. Michalski moved that the requirement that a proposed Ordinance be
considered and voted on for passage at two Council Meetings prior to the meeting at which it is
to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Markham, Michalski,
Nicholson, Robbins, Buol, Cline. Nays--Duggan.
Hughes Court Investment Co.lSchneider Land Surveying - Request for Rezoning: Proof of
publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from
AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment
Co.lSchneider Land Surveying, to allow for construction of a warehouse building, upon motion
received and filed. Robert Kirpes of 419 Winona spoke in favor of the rezoning. Ordinance No.
107 -00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the end of Hughes Court
from AG Agricultural District to LI Light Industrial District. Seconded by Cline. Motion carried 7-0.
Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning
property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family
Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow
for construction of a duplex, upon motion received and filed. Mike Kelly, 1400 Kelly Lane, spoke
in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of
the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located
along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two-
Family Residential District, presented and read. Markham moved to concur with the denial.
Seconded by Cline. Motion carried 7-0.
Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Upon
motion it was removed from the table. Steve Gorius, 2461 Spring Green, spoke requesting the
rezoning. Ordinance NO.1 08-00 Amending Appendix A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120
John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General
Commercial District, 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 Cline. Carried by the following vote: Yeas--Duggan,
Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson.
Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending
approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project,
upon motion received and filed. Markham moved adoption of Resolution No. 606-00 Adopting
the final assessment schedule for the concrete repairs on Grandview at Delhi project including
certain information required by the Code of Iowa, specifically, the number of annual installments
into which assessments are divided, the interest on all unpaid installments, the time when the
assessments are payable and directing the Clerk to certify the final schedule and to publish notice
thereof. Seconded by Nicholson. Motion carried 7-0.
Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on
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.
.
notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the
Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project
and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,1 DO,
upon motion received and filed. Buol moved adoption of Resolution No. 607-00 Adopting plans
and specifications for project and Resolution No. 608-00 Awarding contract to Peterson
Contractors, Inc. Seconded by Nicholson. Motion carried 7-0.
Upon motion the rule was reinstated limiting discussion to the Council.
ACTION ITEMS
Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting
recommended changes to the Human Rights Ordinance, upon motion received and filed.
Thom Determan spoke requesting the changes. Ordinance No. 109-00 Amending the Code of
the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new
Section 27-27(4) Powers and Duties in lieu thereof, 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.
Vision Iowa Application: City Manager recommending approval of a Resolution in support of the
Vision Iowa Application for funds for America's River for the Mississippi River Conference and
Education Center and the Mississippi River Discovery Center and Aquarium at the Port of
Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 589-00
of City of Dubuque support for the Vision Iowa Application for funds for America's River for the
Mississippi River Conference and Education Center and the Mississippi River Discovery Center
and Aquarium at the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0.
Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking"
zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently
reconstructed Fifth Street, from Iowa Street to Locust Street, upon motion received and filed.
Ordinance No. 110-00 Amending the City of Dubuque Code of Ordinances, Section 32-363(d)
prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa
and Locust Streets and Ordinance No. 111-00 Amending Code of Ordinances of the City of
Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle
parking, presented and read. Robbins moved that the requirement that the proposed Ordinances
be considered and voted on for passage at two Council Meetings prior to the meeting at which
they are to be finally passed be suspended and further moved final consideration and passage
of the Ordinance. Seconded by Michalski. Motion carried 7-0.
"No Parking" in Alley by Lincoln School: City Manager recommending approval of parking
restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a
petition from residents of the area, upon motion received and filed. Ordinance No. 112-00
Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting
parking on designated streets, or portions thereof, by adding the alley between West Fifth Street
and University Avenue from Nevada Street to Alpine Street, presented and read. Robbins moved
that the requirement that a proposed Ordinance be considered and voted on for passage at two
Council Meetings prior to the meeting at which it is to be finally passed be suspended and further
moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried
7-0.
Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site
:'
be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001
public hearing, upon motion received and filed and concurred.
- Request for Proposals - Fourth Street Peninsula: City Manager recommending that the Citv
issue a Request for Proposals for Master Planning and Design Services for the ninety acres (
the Fourth Street Peninsula, and to include'a price for the thirty acres south of the Ice Harbor to
see if that is affordable at this time, upon motion received and filed and approved
recommendation.
Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow
rem"oval.
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public
hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows
Second Addition at the request of Jim Stock Realty & Construction, upon motion received and
filed, Buol moved adoption of Resolution No. 609-00 of Intent to dispose of City interest and
vacate water main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows
Second Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Markham.
Motion carried 7-0.
At 8:37 P.M. Upon motion it was resolved to go into Closed Session re: Property Acquisition and
Pending Litigation (Iowa Code Chapter 21.5(1 )U)(c).
At 8:49 Council reconvened Regular Session stating that staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 8:50 P.M.
~d/~///~~/
~eanne F. Schneider
City Clerk
1t 12/27
6
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE
CITY COUNCIL TO BE HELD ON MONDAY, DECEMBER 18, 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
12/181/00
CITY COUNCIL
OFFICIAL
City Council, Regular Session, December 18, 2000
Council met in Regular Session at 6:30 P.M. in the Public 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 a regular session of the City Council called for the
purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission
of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental
Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30,
presented and read. Buol moved that the eom~icotion be received and filed. Seconded by Robbins.
Motion carried 7-0. fiLLvr'U-l- ? J )
~lLt""-cj iU
Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of
Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, presented and read.
Buol moved that the pro01be j~~:!J,~9 ~a~.d filed. Seconded by Nicholson. Motion carried 7-0.
Finance Director submitting the Financial Report for the month ending November 30, 2000, presented
and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried
7-0.
Official Council Proceedings of October, 2000, presented and read. Buol moved that the proceedings
be approved as printed. Seconded by Robbins. Motion carried 7-0.
Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage;
Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in
estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50
for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit;
and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, presented and read. Buol
moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the
amount of $59.15; the property damage claim of Key Apartments West in the amount of $335.61; and the
property damage claim of Patti Schilling in the amount of $25.00, presented and read. Buol moved that the
communications be received and filed and directed Finance Director to issue payments. Seconded by
Robbins. Motion carried 7-0.
Appointments to the Owner-Occupied Affordable Housing Committee: City Manager recommending the
appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee,
presented and read. Buol moved that the communication be received and filed and concurred with
recommendation. Seconded by Robbins. Motion carried 7-0.
Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager
recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach,
presented and read. Buol moved that the communication be received and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 590-00
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J.
BURBACH DECLARATION OF TRUST DATED JANUARY 24,1995
Whereas, Carl J. Burbach Declaration of Trust dated January 24, 1995 desires to make a gift of the
following described real property to the City of Dubuque:
Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa
And Whereas, the City Council of the City of Dubuque desires to accept the gift on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA,
AS FOLLOWS:
1. The City of Dubuque hereby accepts the Deed from Carl J. Burbach Declaration of Trust dated
January 24, 1995, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County
Recorder.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court requesting
that the area be designated as a Residential Parking Permit District, presented and read. Buol moved that
the petition be referred to the City Manager. Seconded by Robbins. Motion carried 7-0.
Certified Local Government Report to State Historic Preservation Office: City Manager submitting the
2000 Certified Local Government Annual Report, presented and read. Buol moved that the cpmmunicatio!}J
be received and filed. Seconded by Robbins. Motion carried 7-0. C4~ .ut::'5,e,'d.~
Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending
approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No.3, presented and
read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried
7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 591-00
RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1, A DIVISION OF
LOT 1 OF JAEGER HEIGHTS SUBDIVISION NO.3, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, a
Division of Lot 1 of Jaeger Heights Subdivision, No.3, in the City of Dubuque, Iowa; and
Whereas, said plat of survey provides 31.13 feet of frontage and 5,008 square feet of lot area for Lot
1 of 1 and 28.98 feet of frontage and 5,008 square feet of lot area for Lot 2 of 1, where 60 feet of frontage and
6,000 square feet of lot area are required by Section 42-19(b) of the Subdivision Regulations; and
Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission its approval
endorsed thereon subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2
of 1, and
Whereas, said plat of survey has been examined by the City Council and they find that it conforms to
the statutes and ordinances relating to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 of 1 to have
31.13 feet of frontage and 5,008 square feet of lot area, and Lot 2 of 1 to have 28.98 feet of frontage and
5,008 square feet of lot area, where 60 feet of frontage and 6,000 square feet of lot area are required.
Section 2. That approval of this plat of survey of Lot 1 of 1 and Lot 2 of 1, a division of Lot 1 of Jaeger
Heights Subdivision NO.3 is subject to prohibiting the construction of a single-family home on either Lot 1
of 1 or Lot 2 of 1, and that said prohibition is noted on the plat of survey.
Section 3. That the plat of survey of Lot 1 of 1 and 2 of 1, a division of Lot 1 of Jaeger Heights
Subdivision No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa, upon said plat of survey.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 591-00
We, William Frye and Mike Lightfoot, the undersigned, having read the terms and conditions of the
Resolution No. 591-00 and being familiar with the conditions thereof, hereby accept this same and agree to
the conditions required therein.
Terrance M. Duggan, Mayor
2
Dated in Dubuque, Iowa this 30th day of December, 2000.
By /s/ Mike Lightfoot
By /s/ William Frye
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails
Grant application to lOOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park,
presented and read. Buol moved that the communication be received and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 592-00
RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF
TRANSPORTATION RECREATIONAL TRAILS FUNDS FOR THE HERITAGE TRAIL EXTENSION
PROJECT: HERON POND TO PYATIGORSK PARK
Whereas, the Iowa Department of Transportation has Recreational Trails funds available to develop
City recreational trails; and
Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include
goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail
l,xtension.
NOW THEREFORE, BE IT RESOLVED BY THE CITY .cOUNCIL OF THE CITY OF DUBUQUE, IOWA:
. Section 1. That the Planning Services Manager is her60y authorized to sign and submit this application
. for Recreational Trails funds to the lOOT for the Heritage Tr~ Extension Project: Heron Pond to Pyatigorsk
Park on behalf of the City of Dubuque.
Section 2. That the City of Dubuque agrees to adequately maintain the trail for its intended use and
maintain the total trail used to justify the project in public use for a minimum of 20 years following project
completion.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the 2000
Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, presented and read.
Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 593-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2001 Asphalt Paving Project - Fiscal Year 2001 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 Road Use Tax Funds, the Sales Tax Fund, the General Fund, the ORA Distribution, and
the Parking Construction Fund in amounts equal to the amount of this contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 594-00
FINAL ESTIMATE
Whereas, the contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 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:
3
Section 1. That the cost of said improvement is hereby determined to be $500,508.37 and the said
amoun~shall be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the ORA Distribution,
ctnd the Parking Construction Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance
of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65,
presented and read. Buol moved that the communication be received and filed. Seconded by Robbins.
Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 595-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 General Fund and reimbursed 100 percent (100%) from the ISTEA Transportation
Enhancement Grant in amount equal to the amount of this contract.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 596-00
FINAL ESTIMATE
Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 $79,448.65 and the said
amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%)
from the ISTEA Transportation Enhancement Grant.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the
North End Neighborhood Trail Project in the final contract amount of $492,989.56, presented and read.
Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 597-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the North End Neighborhood Trail 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.
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4
Section 1. That the cost of said improvement is hereby determined to be $500,508.37 and the said
arnount shall be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the ORA Distribution,
and the Parking Construction Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance
of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65,
presented and read. Buol moved that the communication be received and filed. Seconded by Robbins.
Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 495-00
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER COURT
Whereas, there has, en presented to the City Council of the City of Dubuque, Iowa, a plat dated
August 15, 2000, prepared by I Engineers & Surv yors, P.C., describing the proposed vacated portion of
Kerper Court; and
Whereas, said plat conform to the laws statutes pertaining thereto.
NOW THEREFORE, BE IT R OL VED B HE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated A ust 1, 00, prepared by IIW Engineers & Surveyors, P.C. relative
to the real estate hereinabove described e a tl e same is hereby approved, and the Mayor and City Clerk
be and they are hereby authorized and dir d 0 execute said plat for and on behalf of the City of Dubuque,
Iowa. Section 2. That the City of DjUU /e serves unto itself a perpetual easement including the right of
ingress and egress thereto, for the pu. 0 e 0 erecting, installing, constructing, reconstructing, repairing,
owning, operating, and maintaining we, sewe , drainage, gas, telephone, t. v. cable, and electric lines as
may be authorized by the City of Dubu ~ , Iowa, as own on the Plat of Survey of Lot 2A and Lot E of Kerper
Industrial Park. ./
Section 3. That the City c;!e r ! e and is hereb authorized and directed to file said plat and certified
copy of this resolution in the office f the Recorder, in d for Dubuque County, Iowa.
Passed, approved and ad . ed this 4th day of 0 ober, 2000.
'_:/ Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 596-00
FINAL ESTIMATE
Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 $79,448.65 and the said
amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%)
from the ISTEA Transportation Enhancement Grant.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the
North End Neighborhood Trail Project in the final contract amount of $492,989.56, presented and read.
Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 597-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the North End Neighborhood Trail 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.
4
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 General Fund ($538,389.56) in amount equal to the amount of this contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 598-00
FINAL ESTIMATE
Whereas, the contract for the North End Neighborhood Trail 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 $538,389.56 and the said
amount shall be paid from the General Fund ~$538,389.96) of the City of Dubuque, Iowa.
Passed, approved and adopted this 18 h day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the
Kerper Court Construction Project in the final contract amount of $640,476.08, presented and read. Buol
moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 599-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Kerper Court Paving and Utilities 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 Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund
($536,736) in amounts equal to the amount of this contract, less any retained percentage provided for therein.
Passed, approved and adopted this 18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 600-00
FINAL ESTIMATE
Whereas, the contract for the Kerper Court Paving and Utilities 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 $702,618.83 and the said
amount shall be paid from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax
Fund ($536,736) of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
5
Klauer Manufacturing Parking Request - Withdrawal: City Manager advisin~ that the request of Klauer
Manufacturing for removal of parking at several corners in the area of 26th and 27 Streets between Central
and Elm Streets has been withdrawn, presented and read. Buol moved that the communication be received
and filed. Seconded by Robbins. Motion carried 7-0.
Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four
leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated,
presented and read. Buol moved that the communication be received and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 601-00
RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE
AND RIVERSIDE BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING & BEYOND DUBUQUE, INC.
WHEREAS, Riverside Bowl, Inc. (Riverside) operates a bowling facility in Dubuque, Iowa, and Riverside
and the City of Dubuque (City) entered into Leases of property owned by City on May 2, 1958, as amended
June 19,1973, April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are attached hereto;
and
WHEREAS, Riverside desires to sell its assets and assign its interest in the Leases to Bowling &
Beyond Dubuque, Inc., an Illinois corporation (Bowling), pursuant to the Assignment of Interests in Leases
attached hereto; and
WHEREAS, the Leases are assignable by Riverside with the consent of City; and
WHEREAS, Bowling desires to assign its interests in the Leases to American Trust & Savings Bank
(ATSB) as security for a loan by ATSB to Bowling, pursuant to the Assignment of Interests in Leases attached
hereto; and
WHEREAS, the City Council has determined that it is in the best interests of the City to consent to the
Assignments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
1. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment
of Interests in Leases by Riverside Bowl, Inc. to Bowling & Beyond Dubuque, Inc.
2. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment
of Interests in Leases by Bowling to American Trust & Savings Bank.
Passed, adopted and approved this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking
rental agreement between the City and Dubuque Historic Improvement Company to Jerry Lazore, new owner
of the Redstone Inn, presented and read. Buol moved that the communication be received and filed.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 602-00
RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY
OF DUBUQUE AND DUBUQUE HISTORIC IMPROVEMENT COMPANY BY DUBUQUE HISTORIC
IMPROVEMENT COMPANY TO JERRY LAZORE
Whereas, the Dubuque Historic Improvement Company (DHIC) and the City of Dubuque (City) entered
into a Lease Agreement on April 1, 1995, a copy of which Lease Agreement is attached hereto; and
Whereas, the Lease Agreement provides for parking for DHIC's Redstone Inn located at City's parking
lot at Fifth and Bluff Streets; and
Whereas, on October 13, 2000 the Redstone Inn was sold by DHIC to Jerry Lazore; and
Whereas, the Lease Agreement is assignable by DHIC with the consent of City; and
Whereas, the City Council has determined that it is in the best interests of the City to consent to such
assignment.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the City Council hereby consents on behalf of the City of Dubuque to the assignment of the Lease
Agreement by Dubuque Historic Improvement Company to Jerry Lazore, provided that Jerry Lazore shall
agree to be bound by the terms and conditions thereof.
Passed, approved and adopted this 18th day of December, 2000.
Terrance M. Duggan, Mayor
6
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Fiscal Year 2002 Budget Policy Guidelines: City Manager recommending approval of the Fiscal Year
2002 Budget Policy Guidelines, presented and read. Buol moved that the communication be received and
filed and approved the 2002 Budget Policy Guidelines. Seconded by Robbins. Motion carried 7-0.
Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the
Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital
signage on Highway 20, presented and read. Buol moved that the communication be received and filed and
approved letter of support. Seconded by Robbins. Motion carried 7-0.
Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the
Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate
80 east and west at the U.S. Highway 61 interchange in Scott County, presented and read. Buol moved that
the communication be received and filed and approved letter of support. Seconded by Robbins. Motion
carried 7-0.
HOME Investment Partnership Program Contract: Communication from the Iowa Department of
Economic Development revising the master contract and funding agreement for the HOME Program by
changing the completion date and extending the performance period to June 30,2001, presented and read.
Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 603-00
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
Tobacco Outlet Plus # 56 Kwik Trip, Inc 66 W. 32nd St
Grandview Milk House James T. Jacobsen 620 S Grandview
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 604-00
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 "B" BEER PERMIT
UAW Local # 94+(Sunday Sale)
CLASS "C" BEER PERMIT
Molo Oil Co. Big 10 Mart+(Sunday Sale)
Angel Investment Casey's General Store+(Sunday Sale)
Rainbo Oil Co Kwik Stop+(Sunday Sale)
Rainbo Oil Co Kwik Stop+(Sunday Sale)
Kwik Trip, Inc Tobacco Outlet Plus +(Sunday Sale)
Passed, approved and adopted this 18th day December, 2000.
United Auto Workers # 94
3450 Central Ave
9th & Central
2699 Rockdale Rd
4039 Pennsylvania
2320 Hwy 61
66 W. 32n St
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 605-00
Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the
7
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 liB" BEER/LIQUOR LICENSE
Holiday Inn 5-Flags+(Sunday Sale)
Julien Inn+(Sunday Sale)
CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE
L & M Wharf Corp Michael's Bar-X+(Sunday Sale)
David H. Hoffman The White House
Passed, approved and adopted this 18th day of December, 2000.
Kinseth Hotel Corp
Design Center, Inc
450 Main St
200 Main St
2616 Windsor
450 W. Locust
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0.
! 't- "
BOARDS/COMMISSIONS ~ ~'t{ttlt{ I, ,&-cd
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions: Housing Code Appeals Board - Applicants: William J. Kinsella; Robert Schaub;
Edward A. Swift. No one spoke.
Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04)
Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Vote on the
appointments was as follows: Duggan voted for Drummer, Giesen and Jackson. Markham voted for
Drummer, Giesen and Jackson. Michalski voted for Drummer, Giesen and Jackson. Nicholsol1Qvot~d for
Drummer, Giesen and Jackson. Robbins voted for Drummer, Giesen and Jackson. Robbins voted for)
Drummer, Giesen and Jackson. Buol voted for Drummer, Giesen and Jackson. Cline voted for Drummer,'
Giesen and Jackson. I
Therefore, Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year
terms which will expire 1/1/04 on the Human Rights Commission. dc/({tid
PUBLIC HEARINGS p. I.-~';f
Terrance M. Duggan, Mayor
Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire.
Seconded by Nicholson. Motion carried 7-0.
Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning
property located on U.S. Highway 20, southwest 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 designation to allow for development of a new Menard's store, presented and read. Michalski
t moved that the proofJ and communication be received and filed. Seconded by Nicholson. Carried by the
{\ I following vote:: V;eas--Jv1arkham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan.
\\ h "(~C LlUJ<5
v Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of
Reynolds and Kenline Law Firm, all spoke in favor of the proposed rezoning. Ed Tschiggfrie, as owner of
a nearby quarry, spoke in favor of the project but requested the continuation of a trip lane traffic signal for
exiting trucks.
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.
(OFFICIAL PUBLICATION)
ORDINANCE NO.1 06-00
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
8
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND
ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR MENARD, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby
amended by reclassifying the hereinafter described property from C-3 General Commercial District and CS
Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned
Commercial designation and adopting a conceptual development plan, a copy of which is attached to and
made a part hereof, with conditions for Menard, Inc., as stated below, to wit:
Lot 2 of Siegert's Place, Third Addition, and to the center line of the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the
reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the
property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused
directly by the zoning reclassification:
A. Definitions.
1. Building-related Features: Building-related features are defined as all constructed items which rise
above the grade surface of the lot. These include:
a) The primary building
b) All accessory or secondary buildings
c) All exterior storage areas
d) Exterior refuse collection areas
e) Exterior mechanical equipment
f) Containerized or tank storage of liquids, fuels, gases and other materials
2) Vehicle-related Features: Vehicle-related features are defined as all areas used for the movement
and parking of all vehicles within the lot. These include:
a) Employee and visitor parking spaces
b) Driveways from the street right-of-way line to and from parking spaces.
c) Loading spaces outside of the building
d) Maneuvering space and driveways to and from loading spaces
e) Parking spaces for company-owned commercial vehicles
f) Fire lanes
3) Open Space Features: Open space features are defined as those exterior areas and developed
features of the lot. These include:
a) Landscaped space containing lawn areas and plantings
b) Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards
c) Surface storm water detention areas not otherwise used for building-related or vehicle-related
purposes
d) Open recreation areas and recreational trail
e) Other non-building and non-vehicular-related space
B) Use Regulations
The following regulations shall apply to all uses made of land in the above described PUD District:
1) Principal permitted uses shall be limited to:
a) Retail sales/service [17]
b) Indoor restaurant [20]
c) Drive-in/carry-out restaurant [28]
d) General offices [14]
[ ] Parking group-see Section 4.2 of the Zoning Ordinance.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to any use customarily incidental and subordinate to the principal
use it serves.
4) Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a
limited duration, as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance.
C) Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1) All building structures and activities shall be located in conformance with the attached conceptual
development plan and all final site development plans shall be approved in accordance with provisions of the
PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance.
2) All building-related features shall be in accordance with the following lot and bulk regulations:
a) Maximum lot coverage shall be limited to 75%. All building and vehicle-related features shall be
9
considered when calculating total land area coverage.
b) Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling
towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their
protective housing. HVAC equipment is limited to 10 feet above 40 feet limitation subject to the provision of
adequate screening.
c) Setbacks for the out-lot shall be as established for the C-3 General Commercial District, set forth
in Section 3-3.3 of the Zoning Ordinance.
D) Parking Regulations
1) All vehicle-related features shall be surfaced with either asphalt or concrete.
2) Curbing and proper surface drainage of storm water shall be provided.
3) All parking and loading spaces shall be delineated on the surfacing material by painting stripes or
other permanent means.
4) The number, size and design of parking spaces shall be governed by applicable provisions of City
of Dubuque Code of Ordinances in effect at the time of development of the lot.
5) The number, size, design and location of parking spaces designated for persons with disabilities
shall be according to the local, state or federal requirements in effect at the time of development.
6) The location and number of private driveway intersections with public streets shall be established
by the City of Dubuque.
E. Landscaping Regulations
1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground
covers, such as shrubs and trees. It is the intent of these regulations that the development of required open
spaces shall reflect a high quality of environmental design. The following provisions shall apply to each lot:
a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to
include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should
include the following:
~ For everyone (1) acre of lot size, four (4) trees shall be required to a maximum of forty (40) trees. Each
required tree shall be at least two (2) inches in diameter at planting.
~ Shrubs shall be used to screen parking areas and provide accent around buildings.
~ Parking areas located adjacent to a right-of-way shall be screened with a combination of trees, shrubs or
berms to provide a landscape screen of 50% opacity and three (3) feet in height within three years of planting.
2) All exposed soil areas remaining after the construction of building and vehicle-related features shall
be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of
construction, or by the date that a building is issued an occupancy certificate by the Building Safety
Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed.
3) The lot owner is required to replant any and all plant materials which have died due to any cause
during the effective period of this PUD ordinance.
F. Sign Regulations.
1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further
regulated by this section.
2) Wall-Mounted Signs:
a) Menard's:
1 ) Total allowed square footage: 600 square foot
2) Number of signs: unlimited
3) Below eave or parapet
b) Out-lot:
1) Total allowed square footage: 250 square feet
2) Number of signs: unlimited
3) Below eave or parapet
3) Freestanding signs:
a) Menard's:
1) Total allowed square footage: 400 square feet
2) Maximum number: 1
3) Maximum height: 40 feet
b) Out-lot:
1) Total allowed square footage: 200 square feet
2) Maximum number: 1
3) Maximum height: 40 feet
4) Directional Signs:
a) Menard's/Out-lot:
10
1) Maximum size: 6 square feet
2) Maximum number: Unlimited
3) Maximum height: 10 feet
5) Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources
and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of
a light source completely enclosed by the sign panel.
6) Motion: No signs may include any device or means, mechanical, electrical or natural, which
shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be
allowed.
G) Performance Standards
The development and maintenance of uses in this PUD District shall be established in conformance with
Section 3-5.5 of the Zoning Ordinance and the following standards:
1) Off-site Improvements: Menard, Inc. shall be responsible for the design, construction and costs associated
with the following off-site improvements:
a) Construction of new signalized liT" intersection on U.S. Highway 20 to serve new Menard's store.
b) Design and approval of all off-site improvements are subject to applicable City of Dubuque and Iowa
Department of Transportation regulations and review procedures.
2) Site Lighting
a) Exterior illumination of site features shall be limited to the illumination of the following:
~ Parking areas, driveways and loading facilities.
~ Pedestrian walkway surfaces and entrances to the building.
~ Screened storage areas.
~ Building exterior.
b) Location and Design:
~ All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine
into adjacent lots and streets.
~ All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at
angles above 72 degrees from vertical.
~ A lighting plan shall be included as part of site plan submittals that indicates types of lights used and
ground light pattern for lighting of building and parking-related features.
~ Fixtures mounted on a building shall not be positioned higher than the roof line of the building.
~ Wooden utility-type poles are acceptable only for temporary use during construction.
~ All electrical service lines to posts and fixtures shall be underground or concealed inside the posts.
3) Utility Locations
a) Service lines: all electrical, telephone, cable and other similar utility lines serving the building and
other site features shall be located underground.
b) Mechanical equipment: all electrical transformers, switching gear, relay boxes, meters, air
conditioning units, heat pumps and other similar mechanical equipment, including roof-mounted mechanical
equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it
will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity,
masonry walls or plantings may be used to visually screen mechanical equipment.
c) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning
Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by
Section 4-4.
4) Exterior Trash Collection Areas:
a) The storage of trash and debris shall be limited to that produced by the principal permitted use and
accessory uses of the lot.
b) The ground area coverage of exterior trash collection areas shall be the area contained inside the
required screening and this area shall be considered a building-related feature for purposes of calculating total
land area coverages.
c) Exterior trash collection areas shall be located in rear or side yards only.
d) All exterior trash collection areas and the materials contained therein shall be visually screened from
view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet
measured from the ground level outside the line of the screen. Screens built on sloping grades shall be
stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be
provided with a gate or door of similar design to that of the screen.
If a 10 foot high screen fails to shield the exterior trash collection area from view from points inside or
outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant
materials shall be selected and designed so that they will screen the area from all off-site visibility within five
11
(5) years.
e) Other Codes and Regulations: These regulations do not relieve an owner from other applicable city,
county, state or federal codes, regulations, laws and other controls relative to the planning, construction,
operation, and management of property within the City of Dubuque.
H. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement
a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the
establishment of the district.
I. Modifications.
Any modifications of this Ordinance must be approved by the City Council in accordance with zoning
reclassification proceedings of Section 6 of the Zoning Ordinance.
J. Recording
A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten
(10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and
hislher heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the
City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved and adopted this 18th day of December, 2000.
ATTEST: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 106-00
I, Thomas O'Neil, representing Menard, Inc. purchaser, having read the terms and conditions of the
foregoing Ordinance NO.1 06-00 and being familiar with the conditions thereof, hereby accept the same and
agree to the conditions required therein.
NOT SIGNED AS OF JANUARY 12,2001
By
Terrance M. Duggan, Mayor
Thomas O'Neil
Menard, Inc.
Published officially in the Telegraph Herald newspaper this 27th day of December, 2000.
Jeanne F. Schneider, City Clerk
1t 12/27
Michalski moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and
further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the
following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan.
Hughes Court Investment Co.lSchneider Land Surveying - Request for Rezoning: Proof of publication
on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural District
to LI Light Industrial District at the request of Hughes Court Investment Co.lSchneider Land Surveying, to allow
for construction of a warehouse building, presented and read. Buol moved that the proof be received and
filed. Seconded by Cline. Motion carried 7-0.
Robert Kirpes of 419 Winona spoke in favor of the rezoning.
An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG
Agricultural District to LI Light Industrial District, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO.1 07 -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT
THE END OF HUGHES COURT FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter described property from AG Agricultural District, to LI Light
12
Industrial District, as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 27th day of December, 2000.
Jeanne F. Schneider, City Clerk
1t 12/27
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 Cline. Motion carried 7-0.
Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning
property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential District
to R-2 Two-Family Residential District at the request of Leonard Witt, to allow for construction of a duplex,
presented and read.
Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request.
An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from
R-1 Single Family Residential District to R-2 Two-Family Residential District, presented and read. Markham
moved to concur with the denial. Seconded by Cline. Motion carried 7-0.
Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Buol moved
to remove this matter from the table. Seconded by Nicholson. Motion carried 7-0.
Steve Gorius, 2461 Spring Green, spoke requesting the rezoning.
An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2
Neighborhood Shopping Center District to C-3 General Commercial District, presented and read.
Terrance M. Duggan, Mayor
(OFFICIAL PUBLICATION)
ORDINANCE NO.1 08-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT
2120 JOHN F. KENNEDY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter described property from C-2 Neighborhood Shopping Center
District to C-3 General Commercial District, to wit:
Lot 1 of Lot 2 Asbury Springs Subdivision No. 5
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 27th day of December, 2000.
Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor
1t 12/27
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 Cline. Carried by the
following vote: Yeas--Duggan, Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson.
Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval
13
of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, presented and read.
Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 606-00
A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CONCRETE REPAIRS
ON GRANDVIEW AT DELHI PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE
OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS
ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS
ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the final schedule of assessments and accompanying plat showing the
assessments proposed to be made for the construction of the Concrete Repairs on North Grandview at Delhi
Project under contract with Portzen Construction of Dubuque, Iowa, which final plat and schedule were filed
in the office of the City Clerk on the 16th day of November, 2000, the said schedule of assessments be and
the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a special tax against and upon each of the lots,
the respective sums indicated. Provided, further, that the amounts shown in said final schedule of
assessments as deficiencies are found to be proper and levied conditionally against the respective properties
benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the
Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special
benefits conferred and not in excess of twenty-five percent of the value of same.
That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of
Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks
in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from
the date of filing of the final schedule. On or before the date of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as
provided and directed in Section 384.60 of the Code of Iowa.
That assessments may be paid in full or in part without interest at the office of the County Treasurer,
at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule
of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable
in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of
acceptance of the work) computed to the December 1 next following the due dates of the respective
installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from
October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual
installments semiannually in advance.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
SCHEDULE OF VALUATION AND FINAL ASSESSMENTS - N. GRANDVIEW
OWNER LOT DESCRIPTION TOTAL NET ASSESSMENT
McConnell, Laverne D. Jackson Hodge Subd. Lot 4 $1,899.56
Smith, Steven Hodge Subd. Lot 5 $1.899.56
$3,799.12
Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on notice of
hearing on plans and ~pecifica~io~s and no~i<?e to bidd~rs on the receipt .of bids for.the Fischer Cold Storage
Warehouse and Carnage BUilding Demolition and Site Clearance Project and City Manager awarding the
contract to Peterson Contractors, Inc. in the amount of $166,100, presented and read. Buol moved that the
proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 607-00
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 15th day of November, 2000, plans, specifications, form of contract and estimated cost
were filed with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Carriage Building
Demolition and Site Clearance Project.
Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published
as required by law.
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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 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 608-00
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage
Warehouse and Carriage Building Demolition and Site Clearance Project pursuant to Resolution No. 570-00
and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of
November, 2000.
Whereas, said sealed proposals were opened and read on the 12th day of December, 2000, and it has
been determined that the bid of Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $166,100.00
was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Peterson Contractors, 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 18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Robbins moved to reinstate the rule limiting discussion to the Council. Seconded by Nicholson.
Motion carried 7-0.
ACTION ITEMS
Human Rights Ordinance: Thorn Determan, Chair of the Human Rights Commission, submitting
recommended changes to the Human Rights Ordinance, presented and read. Buol moved that the
communication be received and filed. Seconded by Markham. Motion carried 7-0.
Thorn Determan spoke requesting the changes.
An Ordinance Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers
and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO.1 09-00
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 27-27(4) POWERS AND DUTIES AND ENACTING A NEW SECTION 27-27(4)
POWERS AND DUTIES IN LIEU THEREOF.
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 repealing Section
27 -27 (4) Powers and Duties.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting a new
Section 27-27(4) Powers and Duties in lieu thereof as follows:
Section 27-27(4). Powers and Duties:
To issue such publication and reports of investigations and research as in the judgment of the
Commission shall promote civil and respectful behavior which shall tend to eliminate discrimination in public
15
accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing
or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability or marital status.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 27th day of December, 2000.
Jeanne F. Schneider, City Clerk
1t 12/27
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.
Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision
Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and
the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, presented and read. Markham
moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 589-00
RESOLUTION OF CITY OF DUBUQUE SUPPORT FOR THE VISION IOWA APPLICATION FOR FUNDS
FOR AMERICA'S RIVER FOR THE MISSISSIPPI RIVER EDUCATION AND CONFERENCE CENTER AND
THE MISSISSIPPI RIVER DISCOVERY CENTER AND AQUARIUM AT THE PORT OF DUBUQUE.
Whereas, the citizens of Dubuque have been working together since 1992 on plans to reclaim the
riverfront for the enjoyment of the community and its many visitors; and
Whereas, the City of Dubuque, the Dubuque County Historical Society, and the Dubuque Area
Chamber of Commerce have formed a strong partnership to lead the community in efforts to develop
Dubuque's riverfront into a world-class attraction; and
Whereas, there has been extraordinary levels of private participation in the fundraising for the riverfront
development efforts from individuals, corporations, and government agencies; and
Whereas, the City of Dubuque is committing to construction of a riverwalk and other infrastructure
improvements on the riverfront and in the adjacent downtown area; and
Whereas, the private sector has made significant financial commitments, which will leverage the public
investment and increase the level of interest in the Dubuque Riverfront; and
whereas, the construction of the Mississippi River Education and Conference Center on the Port of
Dubuque will provide the venue to host groups and individuals from around the world and make Dubuque and
Iowa the center for learning about the Mississippi River and the State of Iowa; and
Whereas, the plans for the development of Dubuque's riverfront meet the goals of the Vision Iowa
program by providing Iowa with this world-class attraction; and
Whereas, the planning for the development of Dubuque's riverfront is at the stage where the community
is ready to begin the construction phase for the major infrastructure improvements of the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1: The City of Dubuque hereby lends it continued support to the efforts of the community for
the development of the riverfront of the Mississippi River.
Section 2: The City of Dubuque together with its partners, the Dubuque County Historical Society and
the Dubuque Area Chamber of Commerce, commits over $29 million in City funds, over $20 million in private
participation, over $8 million in federal grants, and over $17 million in private fund raising and land donations
to match almost $58 million in Vision Iowa funds toward construction of the America's River project in the Port
of Dubuque.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Terrance M. Duggan, Mayor
Seconded by Nicholson. Motion carried 7-0.
Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone
on the north side of Fifth Street and rescinding of the back-in angle parking on the recently reconstructed Fifth
Street, from Iowa Street to Locust Street, presented and read. Robbins moved that the communication be
received and filed. Seconded by Michalski. Motion carried 7-0.
16
An Ordinance Amending the City of Dubuque Code of Ordinances, Section 32-363( d) prohibiting
parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 110-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-262(d)
PROHIBITING PARKING AT ANY TIME IN CERTAIN DESIGNATED ZONES RELATING TO FIFTH STREET
BETWEEN IOWA AND LOCUST STREETS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by deleting from
Subsection (d) of Section 32-262 the following:
Fifth Street, West, south side, from Bluff Street to Hill Street; north side, from a point one hundred
ninety-two feet (192') west of Bluff Street to Prospect Street.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to
Subsection (d) of Section 32-262 the following:
Fifth Street, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety-two
feet (192') west of Bluff Street to Prospect Street and from Iowa Street to Main Street, provided, however, it
shall not be unlawful to stop, but only in the drop-off areas provided, for the sole purpose of and for the time
necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be
unattended.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of January, 2001.
Jeanne F. Schneider, City Clerk
1t 1/10
Robbins moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and
further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried
7-0.
Terrance A. Duggan, Mayor
An Ordinance Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of
Subsection (g) of Section 32-263 relating to angle parking, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 111-00
AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY
DELETING A PORTION OF SUBSECTION (9) OF SECTION 32-263 RELATING TO ANGLE PARKING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting from
Subsection (g) of Section 32-263 thereof as follows:
Fifth Street, north side, from Iowa Street to Locust Street.
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of January, 2001.
Jeanne F. Schneider, City Clerk
Terrance A. Duggan, Mayor
1t 1/10
Robbins moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and
further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried
7-0.
"No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions
in the alley between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the
area, presented and read. Robbins moved that the communication be received and filed. Seconded by
Cline. Motion carried 7-0.
17
An Ordinance Amending Section 32-262( d) of the Code of Ordinances of the City of Dubuque, Iowa
prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street
and University Avenue from Nevada Street to Alpine Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 112-00
Q!ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF
DU UQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREET!l9R PORTIONS THEREOF)
A DING THE ALLEY BETWEEN WEST FIFTH STREET AND UNIVERSITY AVENUE FROM NEVADA
REET TO ALPINE STREET
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to
Subsection (d) of Section 32-262 the following:
Alley, both sides, between West Fifth Street and University Avenue from Nevada Street to Alpine Street
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald newspaper this 10th day of January, 2001.
Jeanne F. Schneider, City Clerk
1 t 1/10
Robbins moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and
further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0.
Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site be
removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public hearing,
presented and read. Michalski moved that the communication be received and filed and recommendation
approved. Seconded by Markham. Motion carried 7-0.
Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City issue a
Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth Street
Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is affordable at this
time, presented and read. Buol moved that the communication be received and filed and approved
recommendation. Seconded by Cline. Motion carried 7-0.
Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow removal.
Terrance A. Duggan, Mayor
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public
hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second
Addition at the request of Jim Stock Realty & Construction, presented and read. Buol moved that the
communication be received and filed. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 609-00
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY
EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak
Meadows Second Addition; and
Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently
platted on said lots; and
Whereas, Jim Stock Realty & Construction has petitioned to vacate portions of said easements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and vacate a 20 foot wide
watermain easement, and 5 and 10 foot wide utility easements over portions of Lot 1, Lot 2 and Lot A of Oak
Meadows Second Addition in the City of Dubuque, as shown on the attached Exhibits A and B.
Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to
be published in the manner as prescribed under Section 364.7 Code of Iowa, 1999 or amended.
18
Passed, approved and adopted this 18th day of December, 2000.
Attest: Jeanne F. Schneider, City Clerk
Suol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0.
Terrance M. Duggan, Mayor
At 8:37 P.M.
Suol moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code
Chapter 21.5(1 )U)(c). Seconded by Markham. Motion carried 7-0.
At 8:49 Council reconvened Regular Session stating that staff had been given proper direction.
There being no further business, Suol moved to adjourn. Seconded by Markham. Motion carried 7-0.
The meeting adjourned at 8:50 P.M.
/s/ Jeanne F. Schneider
City Clerk
Approved
Adopted
,2001
,2001
19
Approved
Adopted
2001
2001
Mayor
Council Members
Attest:
City Clerk
20