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Bussan in undetermined
amount for personal injuries;
Jay Cottrell in undetermined
amount for vehicle damage....
Klauer Development Company
in estimated amount of
$770.62 for vehicle damage;
Dolores M. Kotz in estimated
amount of $131.00 for proper-
ty damage, upon motion
referred to the Legal Staff for
investigation and report.
Corporation Counsel advising
the following claims have been.,
referred to Public Entity Risk
Services of Iowa, the agent for
the Iowa Communities
Assurance Pool: Gail Cording
for personal injuries; James
Kearney for property damage,
upon motion received and filed
and concurred with the recom-
mendation.
Corporation Counsel recom;„
mending settlement for reim-
bursement expenses for the
sewer backup claim of Jan
Troy in the amount of $331.36
and directing the Finance
Director to issue payment,
upon motion received and filed
and approved the recommen-
dation of settlement.
Corporation Counsel recom;.,
mending denial of the property
damage claim of Robert
Papenthein, upon motion
received and filed and con-
curred with the recommenda-
tion.
Corporation Counsel recom-
mending that the vehicle dam-
age claim of Dan Bukowski be
referred to Project Concern„
upon motion received and filed
and concurred with the recom-
mendation.
Citizen Communications:
Communications of students
at Hoover School questioning
why the City closed the swim-
ming pools in August, upon
motion referred to the City
Manager and requested that.
the petitions be looked at seri-
ously.
Garfield Place Urban
Revitalization Area: an
Ordinance Establishing the
Garfield Place Urban
Revitalization Area as an
Urban Revitalization Area pur-
suant to Chapter 404 of the
Code of Iowa, removed front'
the Agenda.
Request to Rezone Property
at 2699 Rockdale Road:
Ordinance No. 75-00
Amending Appendix A of the
City of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 2699 Rockdale
Road from C-1 Neighborhood..
Commercial District to C-2
Neighborhood Shopping
Center District, said Ordinance
having been presented and
read at the 9-18-00 Council
meeting, now presented for
further action. Buol moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for past„
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Nicholson.
Motion carried 6-0.
Proposed Development
Moratorium in the Southwest
Arterial Corridor:
Communication from William
J. Maiers, representing Mr.
and Mrs. William A. Siegert,
requesting that the issue of a
proposed development mora-
torium in the Southwest
Arterial Corridor, be set for a
public hearing prior to any final
decision; Communication. -
from City Manager recom-
mending that the request to
enact a moratorium along the
proposed Southwest Arterial
Corridor at Highway 20 be
Manager recommending that a
request from Project Concern
for additional funding in the
amount of $9,859.53 be
approved, upon motion
received and filed and con-
curred with recommendation.
Memorandum of Agreement
with the Dubuque County
Historical Society: City
Manager recommending
approval cif a Memorandum of
Agreement between the City
and the Dubuque County
Historical Society for the River
Discovery Center project,.
upon motion received and filed
and concurred with recom-
mendation.
Supplement No. 46 to the
Code of Ordinances: City
Manager recommending
adoption of Supplement No.
46 to the Code of Ordinances,
upon motion received and
filed. Buol moved adoption o
Resolution No. 467700
Adopting Supplement No. 46
to the Code of Ordinances of
the City of Dubuque, .Iowa.
Seconded by Nicholson.
Motion carried 6-0.
Joint Public Notice - U.S.
Army Corps of Engineers/
IDOT: Notice from the U.S.
Army Corps of Engineers an.
the Iowa Department o
Transportation of the intent to
construct a new four -lane
divided roadway along the
north side of Dubuque from
John F. Kennedy Road east to
U.S. Highway 52/Iowa
Highway 3, upon motion
received and filed.
Business Licenses: Bu.
moved adoption of Resolution
No. 468-00 Granting issuance
of Class "B" Beer Permit to
Happy Joe's Ice Cream; Class
"C" Beer Permit to 5 Point
Mart and Kwik Stop Food
Mart; Resolution No. 469-00
Granting issuance of Class "C"
Beer/Liquor Permit to Dog
House Lounge, Carol's Place,,
and Fat Tuesdays; Class "C"
Beer/Wine Liquor License to
Sugar Ray's Barbeque; Class
"C" Beer/Wine Liquor License
(5 Day) to Loras College Field
House. Seconded by
Nicholson. Motion carried 6-0.
BOARDS/COMMISSIONS:
Applicants are invited to
address the Council t•
express their desire to serve
on the following Boards /
Commissions:
ENVIRONMENTAL STEW-
ARDSHIP ADVISORY COM-
MISSION: David B. Czarnecki.
APPOINTMENTS to the fol-
lowing Boards / Commissions:
ENVIRONMENTAL STEW-
ARDSHIP ADVISORY CO -
MISSION: Brianna Tully.
Upon motion Brianna Tully
appointed to the Youth posi-
tion for a term that will expire
6-1-01.
HOUSING COMMISSION
(Section 8 Representative):
Jeremy Austin; Joe Hopkins
Communication of Jeremy
Austin regarding his appoint-
ment and communication of
Carleen Schroeder regarding
the appointment of Joe
Hopkins. Upon motion it was
resolved to table the appoint-
ment and readvertise.
INVESTMENT. OVERSIGHT
COMMISSION: Charles
Spielman. Upon motion
Charles Spielman appointed t.
fill the unexpired three year
term which will expire 7-1-02.
Upon motion it was resolved
to suspend the rules to allow
anyone present to address the
Council.if they so desire.
2000 Sidewalk Assessment
Project (Center Grove/Cedar
Cross Road/Embassy West
Drive):
Proofs of publication on
notice of hearing on plans and
specifications and notice to
west side of Cedar Cross
Road. Seconded by Michalski.
Motion carried 6-0.
Conceptual Development
Plan - Menard Inc. - Tabled at
Meeting of 9/5/00: Upon
motion the following was
removed from the table.
Proof of publication on notice
of hearing to consider rezoning
property on U.S. Highway 20
from C-3 General Commercial
and CS Commercial Service
and Wholesale District to PUD
Planned Unit Development
District with a PC Planned
Commercial designation to
allow for development of -
new Menard's Store, an.
Communication of Thomas W.
O'Neil, Menard, Inc., stating
that they have additional infor-
mation available for the
requested rehearing, upon
motion received and filed.
Tom O'Neil, 477 Menard Dr.,
and Jim Bradley spoke for the
proposed Ordinance. Da
Coyle of WHKS & Co.
explained the WHKS Study.
Mike Hoffmann, River City
Stone, spoke in opposition,
citing the 10,000 trucks enter-
ing and leaving each day. Ed
Tschiggfrie, as owner of the
quarry on the south side of
Hwy 20, spoke of not being
opposed to the project, but
opposed to moving the traffic
light and propose that
Menards build left turn lane
with a tripper to turn west, to
leave the light, and to approve
the zoning with that stipula-
tion. John Riley of Riley's
Oldsmobile, spoke stating that
a traffic light was turned down
for Aldi's a few years ago an.
stressed studying all alterna-
tives before making changes.
Mr. O'Neil of Menards spoke
responding to comments and
stated they are open to work-
ing with the quarry owners etc.
An Ordinance Amending
Appendix A (The Zoning
Ordinance) of the City of
Dubuque Code of Ordinance
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 designa-
tion and adopting a
Conceptual Development
Plan, with conditions, for
Menard, Inc., presented and
read. Buol moved to table the
Public Hearing and refer to the
Zoning Advisory Commission.
Seconded by Nicholson.
Motion carried 6-0.
Michalski moved that Staff
work with Menards, IDOT, an.
others on this subject.
Seconded by Nicholson.
Motion carried 6-0.
At 9:13 Council recessed; At
9:21 Council reconvened.
Triple J. Land Company
Rezoning: Proof of publication
on notice of hearing to consid-
er rezoning property located at
2155 Rockdale Road from R-
Moderate Density Multi -Family
Residential District to OS
Office Service District, upon
motion received and filed.
Eugene Bird, Chair of ZAC,
spoke of three specific condi-
tions for the rezoning. Al
Urbain, of Urbain Architects,
spoke requesting Counc'
override condition of no curb
cut on Tower Dr. or drop
rezoning request. Jacqueline
Herberger, 1560 Tower Dr.,
spoke in opposition to the
rezoning. Chris Chaney, 2270
Jaeger Dr., spoke for the
rezoning request, with the
conditions in place.
ordinance No. 76-00.
Amending Appendix A (The
.,f fha (.ih,
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-0.
Jackson Street - Two -Hour
Parking: City Manager recom-
mending the creation of a
"Two Hour Parking" Zone on
the east side of Jackson Street
from Milwaukee Street to Ruby
Street in response to a petitio
from business owners, upon
motion received and filed.
Ordinance no. 78-00
Amending Section 32-362 of
the Code of Ordinances of the
City of Dubuque, Iowa, provid-
ing for two-hour parking by
adding certain portions of
Jackson Street, presented and
read. Robbins moved that th-
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 con-
sideration and passage of the
'Ordinance. Seconded by
Buol. Motion carried 6-0.
Amendment to Section 32 of
the Code of Ordinances of the
City of Dubuque: City
Manager recommending an
amendment to Sections 32-
311, 32-312, and 32-314 of the
City of Dubuque Code of
Ordinances to remove three
lots from the parking system
and adding two new lots, upo
motion received and filed.
Ordinance No. 79-00
Amending the City of Dubuque
Code of Ordinances Section
32-311 designating municipal-
ly owned parking lots by
removing specific lots; amend-
ing Section 32-312 Meters -
Installation Authorized and
Directed; and amendin.
Section 32-314 Establishing
Meters - Time and Fee
Schedule for Municipal Lots by
removing the meter time and
fee schedule for specific lots,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Counci
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 6-0.
Expanded Parking Meter
District: City Manager recom-
mending an amendment t.
Section 32-336 of the Code of
Ordinances to expand the
existing meter district to
include the east side of Bluff
Street from 7th Street to 8th
Street, upon motion received
and filed. An Ordinance
Amending the City of Dubuque
Code of Ordinances Section
32-336 establishing the
municipal parking meter dis-
trict by including both sides of
Bluff Street from 3rd Street to
8th 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 b-
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Vote on the motion
was as follows: Yeas—Buol,
Markham, Michalski,
Nicholson, Robbins. Nays—
Cline. Motion failed due to lack
of 3/4 vote.
Michalski moved that this be
the first reading of the
Ordinance. Seconded by
Robbins. Motion carried 6-0.
NLC Delegate: City Council to
appoint a voting delegate for
the National League of Cities'
Cnnnress of Cities in
00 Fixing date of hearing on
plans and specs for November
6, 2000 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law; and Resolution
No. 483-00 Ordering bids.
Seconded by Buol. Motion
carried 6-0.
Water Department -
Pennsylvania Pump Station:
City Manager submitting doc-
uments providing for construc-
tion of the Pennsylvania Pump
Station, upon motion receiveSL
and filed. Robbins moved
adoption of Resolution No.
484-00 Preliminary approval of
plans and specifications for
project in estimated amount of
$363,000; Resolution No. 485-
00 Fixing date of hearing on
plans and specs for November
6, 2000 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish"`
notice in the manner pre-'
scribed by law and Resolution
No. 486-00 Ordering bids.
Seconded by Buol. Motion
carried 6-0.
Eagle Point Water Plant,
Chlorine Feed Room
Expansion: City Manager sub-
mitting documents providing
for construction of the Eagle
Point Water Plant Chlorine
Feed Room Expansion, upon
motion received and filed.
Robbins moved adoption of
Resolution No. 487-00
Preliminary approval of plans
and specifications for project
in estimated amount of
$125,000; Resolution No. 488 ..
00 Fixing date of hearing on
plans and specs for November
6, 2000 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre- I
scribed by law; and Resolution
No. 489-00 Ordering bids.
Seconded by Cline. Motion
carried 6-0.
South Fork Sanitary Sewer
Phase II Acceptance: City
Manager recommending
acceptance of the South Fork
Sanitary Sewer - Phase II pro-
ject and setting a public hear-
ing on the connection fees to
the sanitary sewer for October
16, 2000, upon motion
received and filed. Michalski
moved adoption of Resolution --
No. 490-00 Accepting
Improvement; Resolution No.
Approving Final Estimate in
amount of $770,461.93; and
Resolution No. 492-00
Providing for notice of the
date, time and place of a pub-
lic hearing on an ordinance
establishing the South Fork
Sanitary Sewer Project =
Phase II and a schedule of
connection fees, and further
that this Public Hearing be
10/16/00 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Seconded by
Robbins. Motion carried 6-0.
Fiscal Year 2001 Budget
Amendment: City Manager
recommending that a public
hearing be set for October 16,
2000 to consider an amend-
ment to the Fiscal Year 2001
Budget, upon motion received
and filed. Michalski moved
adoption of Resolution No.
493-00 Directing the City Clerk
to publish proposed amend=
ment to the Fiscal Year 2000
budget and date of public
hearing, and that Public
Hearing be set for 10/16/00 at
6:30 P.M. in the Public Library
Auditorium and that the City
Clerk publish notice in the
manner prescribed by law.
Seconded by Robbins. Motion
carried 6-0.
Disoosition of Property to
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
TAMMY M. FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that the attached notice was published
in said newspaper on the following dates C€716 her I %
, 20 a() , and for which the charge is $ o2%S 33
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this / 3 day of OC -C- Joy, 20�
Public in and for Dbuque County, Iowa
JANET K. PAPE
MY COMMISSION EXPIRES
DECEMB_R 11, 2001
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session,
October 2, 2000
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Pro-Tem
Markham, Council Members.
Buol, Cline, Michalski,
Nicholson, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Absent: Mayor Duggan.
Mayor Pro-Tem Markham
read the cal and stated this is
the regular session of the City
Council called for the purpose
of acting upon such business
which may properly come
before the Council.
Invocation was given by Alan
Garfield, Member of Temple
Beth -El,
PROCLAMATIONS: White
Cane Safety Day (October 15,
2000) received by Darwin
Reeber.
Minutes Submitted: Airport
Commission of 9/15; Civil
Service Commission of 8/31;
Five Flags Commission of
9/18; Housing Commission of
9/12; Park and Recreation
Commission of 9/12, upon
motion received and filed.
Printed Council Proceedings
for July, 2000, upon motions
approved as printed.
Proofs of publication for the
Community Development
Block Grant Program, upon
motion received and filed.
Notice of Claims/Suits: Sue
upon motion received and filed
and concurred with the recom-
mendation.
Citizen Communications:
Communications of students
at Hoover School questioning
why the City closed the swim-
ming pools in August, upon
motion referred to the City
Manager and requested tha'j..
the petitions be looked at sen-
ously.
Garfield Place Urban
Revitalization Area: an
Ordinance Establishing the
Garfield Place Urban
Revitalization Area as an
Urban Revitalization Area pur-
suant to Chapter 404 of the
Code of Iowa, removed front'
the Agenda.
Request to Rezone Property
at 2699 Rockdale Road:
Ordinance No. 75-00
Amending Appendix A of the
City of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 2699 Rockdale
Road from C-1 Neighborhood.
Commercial District to C-2
Neighborhood Shopping
Center District, said Ordinance
having been presented and
read at the 9-18-00 Council
meeting, now presented for
further action. Buol moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pass,,
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Nicholson.
Motion carried 6-0.
Proposed Development
Moratorium in the Southwest
Arterial Corridor:
Communication from William
J. Maiers, representing Mr.
and Mrs. William A. Siegert,
requesting that the issue of a
proposed development mora-
torium in the Southwest
Arterial Corridor, be set for a
public hearing prior to any final
decision; Communication. -
from City Manager recom-
mending that the request to
enact a moratorium -along the
proposed Southwest Arterial
Corridor at Highway 20 be
referred to the Zoning Advisory
Commission, upon motion
referred to the Zoning Advisory
Commission.
Northwest Arterial„
Communication of Wiliam J.
Maiers, representing the City
of Sageville, regarding jurisdic-
tion of the Northwest Arterial;
Communication of Richard E.
Kautz, Iowa Department of
Transportation, to William J.
Maiers regarding the proposed
transfer of jurisdiction of the
Northwest Arterial to local_
governmental agencies;
Communication of William J.
Maiers to Richard E. Kautz,
Iowa Department of
Transportation, on the pro-
posed transfer of jurisdiction,
upon motion received and
filed.
Notice of Expiration of Right.
of Redemption: Notices of_
Expiration of Right of
Redemption on two parcels of
property from Eric Stierman,
Dubuque County Treasurer,
upon motion received and
filed.
Iowa Department of
Economic Development:
Communication from Alan E.
Collet, Iowa Department at -
Economic Development,
amending the City's HOME
Investment Partnership
Program Master Contract and
Funding Agreement by revis-
ing the completion date and
extending the performance
period to December 31, 2000,
upon motion received and
filed.
City of Asbury Voluntary
Annexation: City Development
Board advising that they will
be considering the City of
Asbury's voluntary annexation
at their meeting on October
12, 2000, upon motion
received and filed.
Montcrest Street: City
Manager advising that worlS..-
has begun on resurfacing
Montcrest Street in response
to a citizen petition, upon
motion received and filed.
Manson Road - Acceptance
of Warranty Deed: City
Manager recommending
acceptance of the warranty
deed for a right-of-way pur-
chase on Manson Road, upon.
motion received and filed. BuoT
moved adoption of Resolution
No. 465-00 Accepting a con-
veyance of property on
Manson Road to the City of
Dubuque, Seconded by
Nicholson. Motion carried 6-
0.
Pennsylvania Avenue -
Acceptance of Warranty Deed..
City Manager recommending
acceptance of the warranty
deed for a buy-out of flood -
damaged property on
Pennsylvania Avenue, upon
motion received and filed. Buol
moved adoption of Resolution
No. 466-00 Accepting a con-
veyance of property on
Pennsylvania Avenue to th.e.
City of Dubuque. Seconded by
Nicholson. Motion carried 6-0.
Support of Application for
Housing Tax Credits for the
Iowa Inn: City Manager recom-
mending approval of a letter
supporting the MetroPlains
Development application to
the Iowa Finance Authority for
housing tax credits for the,.
Iowa Inn Project, upon motion
received and filed and
approved letter of support.
Human Rights - Housing and
Urban Renewal Grant: City
Manager advising that the
Human Rights Department has
received a HUD grant in the
amount of $45,400, which will
be subject to a future budget.
amendment, upon motion
received and filed.
Project Concern Request for
Additional Funds: • City
received and filed.
Business Licenses: Buo)i,
moved adoption of Resolution
No. 468-00 Granting issuance
of Class "B" Beer Permit to
Happy Joe's Ice Cream; Class
"C" Beer Permit to 5 Point
Mart and Kwik Stop Food
Mart; Resolution No. 469-00
Granting issuance of Class "C"
Beer/Liquor Permit to Dog
House Lounge, Carol's Place,
and Fat Tuesdays; Class "C"
Beer/Wine Liquor License to
Sugar Ray's Barbeque; Class
"C" Beer/Wine Liquor License
(5 Day) to Loras College Field
House. Seconded by
Nicholson. Motion carried 6-0.
BOARDS/COMMISSIONS:
-Applicants are invited to
address the Council t..
express their desire to serve
on the following Boards /
Commissions:
ENVIRONMENTAL STEW-
ARDSHIP ADVISORY COM-
MISSION: David B. Czarnecki.
APPOINTMENTS to the fol-
lowing Boards / Commissions:
ENVIRONMENTAL STEW-
ARDSHIP ADVISORY CO -
MISSION: Brianna Tully.
Upon motion Brianna Tully
appointed to the Youth posi-
tion for a term that will expire
6-1-01.
HOUSING COMMISSION
(Section 8 Representative):
Jeremy Austin; Joe Hopkins
Communication of Jeremy
Austin regarding his appoint-
ment and communication of
Carleen Schroeder regarding
theappointment of Joe
Hopkins. Upon motion it was
resolved to table the appoint-
ment and readvertise.
INVESTMENT- OVERSIGHT
COMMISSION: Charles
Spielman. Upon motion
Charles Spielman appointed t.
fill the unexpired three year
term which will expire 7-1-02.
Upon motion it was resolved
to suspend the rules to allow
anyone present to address the
Council.if they so desire.
2000 Sidewalk Assessment
Project (Center Grove/Cedar
Cross Road/Embassy West
Drive):
Proofs of publication on
notice of hearing on plans and
specifications and notice to
property owners, and City
Manager recommending
approval of the project and an
amended schedule of assess-
ments, upon motion received
and filed.
Objections to the 200'
Sidewalk Assessment Project
from: Thomas J. Hamel; Gary
Pfab; Maxine and Burt Steve;
John Van Duyn (Best Westem
Dubuque Inn); Richard Hansel;
Merlin and Mary Merfeld; Jim
Giesemann; John and Sally
Herrig; Larry and Roberta
Wolff; Gregory A. Bastian and
John T. Dunakey (Chicag.
Central and Pacific Railroad);
Ken Haugen (Olive Garden);
Hughes Court Investment
Company; petition containing
12 signatures; petition con-
taining 8 signatures, upon
motion received and filed.
(This is 100% of property own-
ers objecting to the project.)
Dick Hansel of Lake Ridge
Subdivision, spoke stating he
is 100% in favor of sidewalks,
stating they should be installed
when property is developed.
John Herrig, 13668 Surrey
Lane, spoke stating sidewalks
are valuable but requested his
Embassy West property be
removed from the project.
Tom Zalaznik- spoke for hi
father objecting to the $18,000
assessment; Gary Pfab spoke
objecting to the assessment; a
resident of 3347 Center Grove
spoke in opposition. J. A.
Graves of 3203 Cedar Lake Dr.
spoke in favor of the sidewalk.
Jeff Weber, 3450 Center
Grove Dr. spoke in opposition.
Maxine Steve, spoke objectin.
to sidewalks until the property
is developed. Steve Kelly of
Shinoak Ct., and Paul Duester
of Tamarack Ct., citing safety
of walkers, spoke in favor of
sidewalks. Mark Molo,' 150
Cedar Cross Rd., spoke in
opposition. John Tschiggfrie,
of Cedar Lake Subdivision,
spoke in favor of sidewalk
John Van Duyn of the
Dubuque and Midway Inn
spoke objecting to the $44,000
assessment, stating a high,
dangerous retaining wall
would be needed if sidewalks
mandated. Tom Hammel, 305
Cedar Cross Rd. objected say-
ing sidewalks are not needed
now and would be put in whe -
necessary. Jack Schumacher
of Shinoak Ct., as a petitioner
for the sidewalks three years
ago, spoke stating they would
be happy if there were side-
walks on one side. Carla
Carlisle of Shinoak Ct. spoke
in favor of sidewalks.
Michalski moved adoption of
Resolution No. 470-0'
Adopting plans and specifica-
tions; Resolution No. 471-00
Ordering bids; Resolution No.
472-00 With respect to the
adoption of the Resolution of
Necessity proposed for the
2000 Sidewalk Assessment —
Center Grove/Cedar Cross
Road/Embassy West Drive, as
amended. Seconded by Cline.
Motion carried 6-0.
Michalski moved to amend i
the Res. with respect to the
adoption of the Resolution of
Necessity, and stated that the
Embassy West Dr. sidewalk be
continued and completed
within the year (8/01).
Seconded by Buol. Motion
carried 6-0.
Nicholson moved to remove
the Hansel and Hammel prop-
erty out of the 2000 Program.
Seconded by Cline. Motion
carried 6-0.
Nicholson moved to table the
public hearing to 11/6 and to
direct Staff to work with prop- v
erty owners to voluntarily
share the assessment for con-
struction of walks on the south f
side of Center Grove and the a
n,y wiw wilt suFuia
tion. John Riley of Riley's
Oldsmobile, spoke stating that
a traffic light was turned down
for Aldi's a few years ago and_
stressed studying all alterna-
tives before making changes.
Mr. O'Neil of Menards spoke
responding to comments and
stated they are open to work-
ing with the quarry owners etc.
An Ordinance Amending
Appendix A (The Zoning
Ordinance) of the City of
Dubuque Code of Ordinance
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 designate
tion and adopting a
Conceptual Development
Plan, with conditions, for
Menard, Inc., presented and
read. Buol moved to table the
Public Hearing and refer to the
Zoning Advisory Commission.
Seconded by Nicholson.
Motion carried 6-0.
Michalski moved that Staff
work with Menards, IDOT, am
others on this subject.
Seconded by Nicholson.
Motion carried 6-0.
At 9:13 Council recessed; At
9:21 Council reconvened.
Triple J. Land Company
Rezoning: Proof of publication
on notice of hearing to consid-
er rezoning property located at
2155 Rockdale Road from R-3®
Moderate Density Multi -Family
Residential District to OS
Office Service District, upon
motion received and filed.
Eugene Bird, Chair of ZAC,
spoke of three specific condi-
tions for the rezoning. Al
Urbain, of Urbain Architects,
spoke requesting Council.
override condition of no curb
cut on Tower Dr. or drop
rezoning request. Jacqueline
Herberger, 1560 Tower Dr.,
spoke in opposition to the
rezoning. Chris Chaney, 2270
Jaeger Dr., spoke for the
rezoning request, with the
conditions in place. -
Ordinance No. 76-00,
Amending Appendix A (The
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by reclassifying
hereinafter described property
located at 2155 Rockdale
Road from R-3 Moderate
Density Multi -Family
Residential District to OS
Office Service District, witlb
conditions, 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 con-
sideration and passage of the..
Ordinance, with the removal of
the second condition.
Seconded by Nicholson.
Motion carried 6-0.
Bond Sale to Support
Additional Airport T-Hangars:
Proof of publication on notice
of public hearing and commu-
nication of City Manager rec-
ommending the issuance of..
$690,000 for renovation and
construction of additional
Airport T-Hangars, upon
motion received and filed.
Robbins moved adoption of
Resolution No. 473-00
Instituting proceedings to take
additional action for the
issuance of not to exceed
$690,000 General Obligation.
Bonds. Seconded by Cline.
Motion carried 6-0.
Sutton Pool Water
Playground: Proofs of publica-
tion on notice of hearing on
plans and specifications and
notice to bidders on the
receipt of bids for construction
of the Sutton Pool Water
Playground and City Manager_
recommending that the one
bid received be rejected, upon
motion received and filed. -
Robbins moved adoption of
Resolution No. 474-00
Rescinding Resolution #413-
00 Preliminary approval of
plans and specifications for
Sutton Pool Water Playground
Construction Project_,
Seconded by Michalski.
Motion carried 6-0.
Five Flags Lavatory Stations
Replacement Project: Proofs
of publication on notice of
hearing on plans and specifi-
cations and notice to bidders
on the receipt of bids for the
Five Flags Lavatory Stations
Replacement Project and City,.
Manager recommending to
award contract for project,
upon motion received and
filed. Michalski moved adop- t
tion of Resolution No. 475-00
Adopting plans and specifica-
tions for project and i
Resolution No. 476-00
Awarding contract for project
to Klauer Constructiop�
Company in the amount of
$38,959. Seconded by
Michalski. Motion carried 6-0.
Upon motion the rules was
reinstated limiting discussion
to the Council.
Alta Place - Stop Signs: City
Manager recommending the
nstallation of stop signs at the
ntersections of Alta Place an .
Decorah Street and Alta Place
and Delaware Street, upon
motion received and filed.
Ordinance No. 77-00
Amending the Code of
Ordinances of the City of
Dubuque, Iowa, by modifying
Subsection (b) of Section 32-
214 thereof providing for the
addition of stop signs on Alta
Place at Decorah Street and
Delaware Street. presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
oted on for passage at two
Council Meetings prior to the
meeting at which it is to be
inally passed be suspended
nd further moved final con,.
v,uniance •+noc
Amending the City of Dubuque
Code of Ordinances Section
32-311 designating municipal-
ly owned parking lots by
removing specific lots; amend-
ing Section 32-312 Meters -
Installation Authorized and
Directed; and amendin.
Section 32-314 Establishing
Meters - Time and Fee
Schedule for Municipal Lots by
removing the meter time and
fee schedule for specific lots,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Counci
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 6-0.
Expanded Parking Meter
District: City Manager recom-
mending an amendment t.
Section 32-336 of the Code of
Ordinances to expand the
existing meter district to
include the east side of Bluff
Street from 7th Street to 8th
Street, upon motion received
and filed. An Ordinance
Amending the City of Dubuque
Code of Ordinances Section
32-336 establishing the
municipal parking meter dis-
trict by including both sides of
Bluff Street from 3rd Street to
8th Street, presentedand
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 b-
finaily passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Vote on the motion
was as follows: Yeas—Buol,
Markham, Michalski,
Nicholson, Robbins. Nays—
Cline. Motion failed due to lack
of 3/4 vote.
Michalski moved that this be
the first reading of the
Ordinance. Seconded by
Robbins. Motion carried 6-0.
NLC Delegate: City Council to
appoint a voting delegate for
the National League of Cities'
Congress of Cities in
December, upon motion
Council Member Nicholso
appointed as delegate.
Salina Street Reconstruction:
City Manager submitting doc-
uments providing for the
reconstruction of Salina Street,
upon motion received and
filed. Robbins moved adoption
of Resolution No. 477-00
Fixing date of hearing on plans
and specs for November 6
2000 at 6:30 P.M. in the Public
Library Auditorium and that the
City Clerk publish notice in the
manner prescribed by law and
Resolution No. 478-00
Ordering bids. Seconded by
Buol. Motion carried 6-0.
Pine Street - Request to
Vacate: City Manager recom-
mending that a public hearin.
be set for October 16, 2000 to
consider a petition to vacate a
portion of Pine Street, upon
motion received and filed. Buol
moved adoption of Resolution
No. 479-00 of Intent to dis-
pose of City interest in Lot
212A of East Dubuque
Addition in the City of
Dubuque, Iowa and further se
this for Public Hearing on 10-
16-00 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law; Resolution No.
480-00 Approving Plat of the
proposed vacated westerly 17'
of Pine Street between East
14th Street and East 15t
Street. Seconded by
Nicholson. Motion carried 6-0.
Ordinance No. 80-00
Vacating the westerly 17 feet
of Pine Street between East
14th Street and East 15th
Street, presented and read.
Buol moved that the require-
ment 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-0.
Water Department -
Supervisory Control and Data
Acquisition System: City
Manager submitting docu-
ments providing for the pur-
chase and fabrication of the
equipment for the Water
Department Supervisory
Control and Data Acquisition
System, upon motion received
and filed. Cline moved adop-
ion of Resolution No. 481-0
Preliminary approval of plans
and specifications for project
n estimated amount of
$240,000; Resolution No. 482-
nesoiuno , ,Yv.
Preliminary approval of plans
and specifications for project
in estimated amount of
$125,000; Resolution No. 488,_.
00 Fixing date of hearing on
plans and specs for November
6, 2000 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law; and Resolution
No. 489-00 Ordering bids.
Seconded by Cline. Motion
carried 6-0.
South Fork Sanitary Sewer -
Phase II Acceptance: City
Manager recommending
acceptance of the South Fork
Sanitary Sewer - Phase II pro-
ject and setting a public hear-
ing on the connection fees to
the sanitary sewer for October
16, 2000, upon motion
received and filed. Michalski
moved adoption of Resolution -
No. 490-00 Accepting
Improvement; Resolution No.
Approving Final Estimate in
amount of $770,461.93; and
Resolution No. 492-00
Providing for notice of the
date, time and place of a pub-
lic hearing on an ordinance
establishing the South Fork
Sanitary Sewer Project -
Phase II and a schedule of
connection fees, and further
that this Public Hearing be
10/16/00 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre=
scribed by law. Seconded by
Robbins. Motion carried 6-0.
Fiscal Year 2001 Budget
Amendment: City Manager
recommending that a public
hearing be set for October 16,
2000 to consider an amend-
ment to the Fiscal Year 2001
Budget, upon motion received
and filed. Michalski moved
adoption of Resolution No.
493-00 Directing the City Clerk
to publish proposed amend"
ment to the Fiscal Year 2000
budget and date of public
hearing, and that Public
Hearing be set for 10/16/00 at
6:30 P.M. in the Public Library
Auditorium and that the City
Clerk publish notice in the
manner prescribed by law.
Seconded by Robbins. Motion
carried 6-0.
Disposition of Property to
Plastic Center, Inc.: City
Manager recommending that a
public hearing be set for
October 16, 2000 to consider
the disposition of property to
Plastic Center, Inc., upon
motion received and filed.
Cline moved adoption off
Resolution No. 494-00 Of I
Intent to dispose of an interest
in real property by deed to
Plastic Center, Inc. and further
set this for public hearing on
10/16/00 at 6:30 P.M. in the
Public Library Auditorium and
that the City Clerk publish
notice in the manner pre-
scribed by law. Seconded by
Robbins. Motion carried 6-0.
Michalski moved that City
Staff be commended for their
work and cooperation in con-
nection with the Iowa League
of Cities Conference.
Seconded by Nicholson.
Motion carried 6-0.
Markham conveyed that this
is the 220th anniversary of out'
Sister City, Pyatigorsk, and
their City sends greetings.
At 10:12 P.M., upon motion
Council went into Closed
Session re: Property
Acquisition (Iowa Code
§21.5(1)(j).
At 10:31 P.M. Council recon-
vened Regular Session stating
that Staff had been given
proper direction.
There being no further busi-
ness, upon motion meeting
adjoumed at 10:32 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 10/11
Subscribed to before me, a l
this .7)114 day of �,�
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session,
October 4, 2000
Council met in Special Session
at 5:00 P.M. in the Library
Auditorium.
Present: Mayor Duggan,
Council Members Buol, Cline,_
Markham, Michalski,
Nicholson, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is a special
session of the City Council
called for the purpose of act-
ing upon such business which,
may properly come before the
,Qity Council.
Gordon Mills of the Durrant
Group, Inc. gave a review of
Phase I of the Fourth Street
Peninsula Development
Master Plan.
Disposition of Property on
Kerper Court (Flynn Ready -
Mix): City Manager recom-
mending approval of the plat
of proposed vacated portion of
Kerper Court, and that a public
hearing be set for October 16,
2000, to consider the sale of
property to Flynn Ready -Mix,
upon motion received and
filed. Michalski moved adop-
tion of Resolution No. 495-00
Approving plat of propose.
vacated portion of Kerper
Court. Seconded by Robbins.
Motion carried 7-0. Ordinance
No. 80-00 Vacating a portion
of Kerper Court, presented
and read. Michalski moved
that the requirement that a
proposed Ordinance be con-
1 sidered and voted on for pas-
sage at two Council Meeting
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.
Seconded by Robbins. Motion
carried 7-0. Michalski moved
adoption of Resolution No.
496-00 of Intent to dispose of
City interest in real property b.
sale to Flynn Ready -Mix and
further set this for Public
Hearing on 10/16/00 at 6:30
P.M. in the Public Library
Auditorium and that the City
Clerk publish notice in the
manner prescribed by law.
Seconded by Robbins. Motion
carried 7-0.
Property Acquisition and
Property Lease Along the
Riverfront - Peavey Company:
City Manager recommending
that a public hearing be set for
October 16, 2000, to consider
leasing City property near 12th
Street to Peavey Company,
upon motion received and
filed. Markham moved adop-
tion of Resolution No. 497-00
of Intent to dispose of City
interest in real property by
lease with Peavey Company,
and further set this for public
Hearing on 10/16/00 at 6:30
P.M. in the Public Library
Auditorium and that the City
Clerk publish notice in the
manner prescribed be law.
Seconded by Robbins. Motion,
carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 5:44 P.M.
/s/Jeanne F. Schneider
City Clerk
1t 10/12
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
TAMMY M. FELDMANN
I, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that the attached notice was published
in said newspaper on the following dates 0e-71v her- /A,
, 20 CO , and for which the charge is $ 7
hz.--771_,-2-74-, 1:74,1127,7-r2
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ��� day of C L 20 C
Not4ry Public in and for Dubuque County, Iowa
JANET K. PAPE
MY COMMISSION EXPIRES
DECEMBER 11, 2001