2002 January Council Proceedings Regular Session, January 7, 2002 1
DUBUQUE
of Robert Kubicek; SISCO in estimated amount
of $361 for personal injury claim of Jody
CITY
Bradley; Merle A. Viertel in estimated amount of
OFFICIAL
$871.24 for property damage, presented and
PROCEEDINGS
read. Buol moved that the claims and suits be
referred to the Legal Staff for investigation and
City Council, Regular Session, January 7,
report. Seconded by Cline. Motion carried 7-0.
2002
Council met in Regular Session at 6:30 P.M. in
Corporation Counsel advising that the
the Library Auditorium
following claim has been referred to Public Entity
Present: Mayor Duggan, Council Members
Risk Services of Iowa, the agent for the Iowa
Buol, Cline, Connors, Markham, Michalski,
Communities Assurance Pool: Merle A. Viertel
Nicholson, City Manager Michael Van Milligen,
for property damage, presented and read. Buol
Corporation Counsel Barry Lindahl.
moved that the communication be received and
filed and concurred. Seconded by Cline. Motion
Mayor Duggan read the call and stated this is
carried 7-0.
the regular session of the City Council called for
the purpose of acting upon such business which
Corporation Counsel recommending denial of
may properly come before the City Council.
the claim of Robert Wild for property damage,
presented and read. Buol moved that the
Invocation was given by Msgr. Francis Friedl.
communication be received and filed and
concurred with the recommendation. Seconded
City Clerk Jeanne F. Schneider swore in
by Cline. Motion carried 7-0.
Mayor Terrance M. Duggan, Mayor Duggan
swore in Council Member At-Large Daniel E.
Civil Service Commission: Civil Service
Nicholson, Council Member First Ward John H.
Commission submitting the certified list for the
Markham, and Council Member Third Ward
position of Public Safety Dispatcher, presented
Joyce E. Connors.
and read.
Mayor Duggan swore in Mayor Pro-Tem Ann
December 18, 2001
E. Michalski.
Honorable Mayor and Members of the City
Council
Proclamation: Martin Luther King Day (January
In accordance with Chapter 400 of the 2001
20, 2002).
Code of Iowa, an examination for the position of
Public Safety Dispatcher was given on
Rick Goodin, Airport Commission Chairperson,
December 11, 2001. We hereby certify that the
introduced Andrew Perry, Airport Manager.
individuals listed below have passed this written
examination and the vacancy for this position
CONSENT ITEMS
should be made from this list and that this list is
good for two (2) years from above date.
Minutes Submitted: Airport Commission of
PUBLIC SAFETY DISPATCHER
12/17; Cable TV Regulatory Commission of
Jessica M. George
12/12; City Council of 12/17 and 12/27; Civil
Diane M. Hickey
Service Commission of 12/12; Community
Edie A. Huss
Development Advisory Commission of 12/6;
Julie A. Rooney
Environmental Stewardship Advisory
Beth A. Saylor
Commission of 12/17; Five Flags Commission of
Respectfully submitted,
12/17; Housing Commission of 12/8; Long
/s/ Loras Kluesner, Chairperson
Range Planning Advisory Commission of 12/19,
/s/ Merle Duehr
presented and read. Buol moved that the
/s/ Richard Wertzberger
minutes be received and filed. Seconded by
Civil Service Commission
Cline. Motion carried 7-0.
Buol moved that the communication be
received and filed and made a matter of record.
Proof of publication of City Council
Seconded by Cline. Motion carried 7-0.
Proceedings of 11/28, 12/3, 12/10; and 12/17,
presented and read.
2001 GPRA Annual Products Report: City
Manager submitting the 2001 Government
Notice of Claims/Suits: Joe Chapman in
Performance and Results Act (GPRA) Annual
estimated amount of $15 for property damage;
Products Report which Certified Local
Richard J. Hartig in estimated amount of
Governments submit to the National Parks
$1,061.41 for property damage; Joe A. Kubicek
Service to demonstrate to Congress the
in estimated amount of $115 for personal injury
accomplishments of programs funded by the
2 Regular Session, January 7, 2002
Historic Preservation Fund, presented and read. Manager. Seconded by Cline. Motion carried 7-
Buol moved that the communication be received 0.
and filed. Seconded by Cline. Motion carried 7-
0. Mediacom: Communication from Mediacom
advising of a rate increase effective with
Floodwall Inspection Report: City Manager February 2002 billing statements, presented and
forwarding the Floodwall Inspection Report from read. Buol moved that the communication be
the U.S. Army Corps of Engineers in which the received and filed. Seconded by Cline. Motion
City received the highest Corps rating of carried 7-0.
acceptable, presented and read. Buol moved
that the communication be received and filed. Liquor License Refund: MM and H Corporation
Seconded by Cline. Motion carried 7-0. requesting a refund of their Class C Liquor
License in the amount of $422.50, presented
Interstate Power Loan Extension: City and read. Buol moved that the communication
Manager recommending approval of an be received and filed and refund approved.
addendum to the Urban Renewal Tax Increment Seconded by Cline. Motion carried 7-0.
Revenue Promissory Note and execution of the
RESOLUTION NO. 1-02
mortgage extension with Alliant Energy
(Interstate Power), presented and read. Buol NOW, THEREFORE, BE IT RESOLVED BY
moved that the communication be received and THE CITY COUNCIL OF THE CITY OF
filed and approved recommendation. Seconded DUBUQUE, IOWA:
by Cline. Motion carried 7-0. That the following having complied with the
provisions of law relating to the sale of
Agreement Between the City of Dubuque and Cigarettes within the City of Dubuque, Iowa, be
Delta Dental Plan of Iowa: City Manager granted a permit to sell Cigarettes and Cigarette
recommending approval of the Administrative Papers within said City.
Services and Financial Agreement between the New
City of Dubuque and Delta Dental Plan of Iowa Awn Stop Mart Inc Awn Stop Mart Inc.
for services related to the administration of the 1998 Jackson
City’s dental plan – removed from Agenda. Passed, approved and adopted this 7th day of,
January 2002.
Substance Abuse Policy: City Manager Terrance M. Duggan, Mayor
recommending adoption of a Substance Abuse Attest: Jeanne F. Schneider, City Clerk
Policy for the City of Dubuque as required by the Buol moved adoption of the Resolution.
Federal Drug and Alcohol Testing Regulations, Seconded by Cline. Motion carried 7-0.
presented and read. Buol moved that the
RESOLUTION NO. 2-02
communication be received and filed and
adopted the Policy. Seconded by Cline. Motion Whereas, applications for Beer Permits have
carried 7-0. been submitted and filed to this Council for
approval and the same have been examined
Iowa Department of Natural Resources: and approved: and
Communication from the Iowa Department of Whereas, the premises to be occupied by such
Natural Resources regarding municipal separate applicants were inspected and found to comply
storm sewer permit requirements, presented and with the Ordinances of the City and have filed
read. Buol moved that the communication be proper bonds
received and filed. Seconded by Cline. Motion NOW, THEREFORE, BE IT RESOLVED BY
carried 7-0. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Dubuque Metropolitan Area Solid Waste That the Manager be authorized to cause to be
Agency: Jan Hess, Secretary for the Dubuque issued the following named applicants a Beer
Metropolitan Area Solid Waste Agency, Permit.
submitting rates for the landfill beginning July 1, CLASS “B” BEER PERMIT
2002, presented and read. Buol moved that the KT Restaurants Godfather’s Pizza+
communication be received and filed. Seconded (Sunday Sale) 1575 JFK Rd
by Cline. Motion carried 7-0. CLASS “C” BEER PERMIT
Rainbo Oil Company Kwik Stop Food
Loras College – Request to Purchase Mart+(Sunday Sale) 2320 Hwy 61
Property: Communication from Stephen J. Awn Stop Mart Inc. Awn Stop Mart+
Schmall, Loras College, requesting to purchase (Sunday Sale) 1998 Jackson
a portion of two City-owned streets, presented Hy-Vee Inc. Hy-Vee # 2+
and read. Buol moved that the communication (Sunday Sale) 4800 Asbury Rd
be received and filed and referred to the City
Regular Session, January 7, 2002 3
th
Passed, approved and adopted this 7 day of Communication from Mike Portzen advising
January, 2002. that Portzen Construction, Inc. will honor their
Terrance M. Duggan, Mayor bid proposal for the project through January 8,
Attest: Jeanne F. Schneider, City Clerk 2002; Public Works Director Mike Koch
Buol moved adoption of the Resolution. submitting revised construction schedule; Proofs
Seconded by Cline. Motion carried 7-0. of publication on notice of hearing on plans and
specifications, and notice to bidders on the
RESOLUTION NO. 3-02
receipt of bids, and City Manager recommending
Whereas, applications for Liquor Licenses award of the contract for the opening of Main
thth
have been submitted to this Council for approval Street from 5 Street to 9 Street to Portzen
and the same have been examined and Construction, Inc., in the amount of
approved; and $1,864,870.39; Communication from Thomas G.
Whereas, the premises to be occupied by such Bond, Dubuque TV Limited Partnership,
applicants were inspected and found to comply expressing opposition to the proposed
with the State Laws and all City Ordinances assessment to his property at 744 Main Street;
relevant thereto and they have filed proper Communication from Michael J. Kielty, Banner
bonds. Investments, in opposition to the proposed street
NOW, THEREFORE, BE IT RESOLVED BY assessment for his property at 799 Main Street.;
THE CITY COUNCIL OF THE CITY OF Communication of David W. Leifker regarding
DUBUQUE, IOWA Town Clock Plaza; Communication from
That the Manager be authorized to cause to be property owners (13) in support of re-opening
issued the following named applicants a Liquor Main Street and their proposed assessments,
License. presented and read.
CLASSC BEER/LIQUOR LICENSE
@@
RESOLUTION NO. 4-02
Breezer’s Pub Company Breezers Pub+
RESOLUTION ADOPTING
(Sunday Sale) 600 Central Ave
PLANS AND SPECIFICATIONS
Phillip Love The Lounge+
th
Whereas, on the 14 day of November, 2002,
(Sunday/Outdoor Sale) 481 Locust St
plans, specifications, form of contract and
Mul, Inc A & B Tap+
(Sunday Sale) 2600 Central Ave estimated cost were filed with the City Clerk of
CLASS “B” WINE Dubuque, Iowa for the Main Street
thth
Dubuque Religious Center, Inc Dubuque Reconstruction Project – 5 to 9 Streets.
Religious Center 923 Main St Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
Hy-Vee Hy-Vee # 2
cost was published as required by law.
4800 Asbury Rd
th
NOW THEREFORE, BE IT RESOLVED BY
Passed, approved and adopted this 7 day of
THE CITY COUNCIL OF THE CITY OF
January, 2002.
DUBUQUE, IOWA:
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk That the said plans, specifications, form of
Buol moved adoption of the Resolution. contract and estimated cost are hereby
Seconded by Cline. Motion carried 7-0. approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
BOARDS/COMMISSIONS
th
Passed, adopted and approved this 7 day of
January, 2002.
Interviews for the following Boards /
Terrance M. Duggan, Mayor
Commissions:
HUMAN RIGHTS COMMISSION: Attest: Jeanne F. Schneider, City Clerk
(Three vacancies for terms through 1/1/05 – Nicholson moved adoption of the Resolution.
Blau, Determan, and Sutton). Applicants: Sr. Seconded by Michalski. Carried by the following
Corine Murray, PBVM; Lou Oswald; Bill Ross; vote: Yeas—Cline, Connors, Markham,
Michalski, Nicholson, Buol. Nays—Duggan.
Joseph Hopkins. No one spoke.
PLUMBING BOARD:
RESOLUTION NO. 5-02
(Journeyman – Term of Papin to expire
RESOLUTION APPROVING PRELIMINARY
11/2/03). Applicant: Paul Papin. No one spoke.
SCHEDULE OF ASSESSMENTS FOR MAIN
TH
STREET RECONSTRUCTION PROJECT – 5
ACTION ITEMS
TH
TO 9 STREETS
Michalski moved to remove the following item Whereas, the City Council passed Resolution
505-01, dated November 19, 2001, approving
from the table. Seconded by Nicholson. Motion
the Preliminary Schedule of Assessments for the
carried 7-0.
thth
thth
reconstruction of Main Street, from 5 to 9
Main Street Opening from 5 to 9 – Award of
Streets; and
Contract (Tabled from December 17, 2001):
4 Regular Session, January 7, 2002
Whereas, it has been determined that the Attest: Jeanne F. Schneider, CMC, City Clerk
Schedule of Assessments contained two errors Nicholson moved adoption of the Resolution.
which need to be corrected. Seconded by Michalski. Carried by the following
NOW THEREFORE, BE IT RESOLVED BY vote: Yeas—Cline, Connors, Markham,
THE CITY COUNCIL OF THE CITY OF Michalski, Nicholson, Buol. Nays—Duggan.
DUBUQUE, IOWA:
RESOLUTION NO. 7-02
That the following amendments, as shown on
AWARDING CONTRACT
the attached sheet, be made to Resolution 505-
01, Preliminary Schedule of Assessments, for Whereas, sealed proposals have been
thth
the reconstruction of Main Street, from 5 to 9 submitted by contractors for Main Street
thth
Streets. Reconstruction Project, 5 to 9 Streets,
th
Passed, approved and adopted this 7 day of pursuant to Resolution No. 506-01 and notice to
January, 2002. bidders published in a newspaper published in
rd
Terrance M. Duggan, Mayor the City of Dubuque, Iowa on the 23 day of
Attest: Jeanne F. Schneider, City Clerk November, 2001.
Nicholson moved adoption of the Resolution. Whereas, said sealed proposals were opened
Seconded by Michalski. Carried by the following and read on the 6th day of December, 2001, and
vote: Yeas—Cline, Connors, Markham, it has been determined that the bid of Portzen
Michalski, Nicholson, Buol. Nays—Duggan. Construction, Inc. of Dubuque, Iowa, in the
amount of $1,864,870.39 was the lowest bid for
RESOLUTION NO. 6-02
the furnishings of all labor and materials and
RESOLUTION WITH RESPECT TO THE
performing the work as provided for in the plans
ADOPTION OF THE RESOLUTION OF
and specifications.
NECESSITY PROPOSED FOR THE MAIN
NOW THEREFORE, BE IT RESOLVED BY
THTH
STREET RECONSTRUCTION, 5 TO 9
THE CITY COUNCIL OF THE CITY OF
STREETS
DUBUQUE, IOWA:
Whereas, the City Council has proposed a That the contract for the above improvement
Resolution of Necessity for the Main Street be awarded to Portzen Construction, Inc. and
thth
Reconstruction, 5 to 9 Streets, has given the Manager be and is hereby directed to
notice of the public hearing thereon as required execute a contract on behalf of the City of
by law; and Dubuque for the complete performance of the
Whereas, the public hearing has been held, all work.
persons offering objections have been heard BE IT FURTHER RESOLVED:
and consideration given to all objections and is Section 1. That Portzen Construction, Inc. be
pending before this Council; and given a three-week extension on the completion
Whereas, this is the time and place set as deadlines, since the award of the contract
provided for the taking of action on the proposed exceeded his requirement to hold the bid price
Resolution of Necessity. for a maximum of thirty (30) days after the
NOW THEREFORE, BE IT RESOLVED BY receipt of bids.
THE CITY COUNCIL OF THE CITY OF Section 2. That the early bonus date moved
DUBUQUE, IOWA: from July 26, 2002, to August 16, 2002 and from
That the proposed Resolution of Necessity August 31, 2002 to September 21, 2002.
described above is hereby: Section 3. That upon the signing of said
x Adopted, without amendment, and all contract and the approval of the contractor's
objections filed or made having been bond, the City Treasurer is authorized and
dully considered are overruled. instructed to return the bid deposits of the
Adopted as amended by the Schedule of unsuccessful bidders.
Assessments attached hereto as Passed, approved and adopted this 7th day of
Exhibit A, and made a part hereof by January, 2002.
reference. All objections filed or made Terrance M. Duggan, Mayor
having been duly considered are Attest: Jeanne F. Schneider, CMC, City Clerk
overruled. Nicholson moved adoption of the Resolution
Deferred for later consideration to a City and amended the Resolution to extend the
Council meeting to be held on the ____ completion date for one month rather than three
day of , , next at 6:30 p.m. in , with weeks. Seconded by Michalski. Carried by the
jurisdiction retained for further following vote: Yeas—Cline, Connors, Markham,
consideration and action at the Michalski, Nicholson, Buol. Nays—Duggan.
adjourned meeting.
Abandoned. Affordable Housing Tax Credit Program
th
Passed, adopted and approved this 7 day of Application – MWF Properties: Communication
January, 2002. from David T. Steele, Vice President of MWF
Terrance M. Duggan, Mayor Properties, requesting the City support their
Regular Session, January 7, 2002 5
Affordable Housing Tax Credit Program HOME Program funds for rehabilitation of
Application to the State of Iowa; City Manager properties located near the “Five Points”
providing information regarding a request from intersection, presented and read. Nicholson
MWF Properties for City support of an moved that the communication be received and
application to the Iowa Finance Authority for filed and approved the recommendation.
housing tax credits for a new construction family Seconded by Cline. Motion carried 7-0.
apartment complex to be known as Raven Hill
Apartments; and a Resolution of Support for the City Council Appointments: Communications
development of a rental housing project to be from the Dubuque Racing Association and
known as Raven Hill Apartments, presented and Operation: New View requesting appointment of
read. the City’s designees to their respective Boards
David Steele of MWF Properties, spoke in for calendar year 2002, presented and read.
support of this project. Nicholson moved that the communication be
Discussion ensued about the speed of this received and filed. Seconded by Michalski.
project and that staff had no recommendation. Motion carried 7-0.
Nicholson moved to receive and file the Dubuque Metropolitan Solid Waste Agency:
documents and to refer the matter to Staff. Michalski moved that Nicholson be appointed to
Seconded by Cline. Motion carried 7-0. that Board. Seconded by Cline. Motion carried
7-0.
Memorandum of Understanding with Heartland Operation: New View: Nicholson moved that
Financial USA: City Manager recommending Cline and Connors be appointed to that Board.
approval of a Memorandum of Understanding Seconded by Michalski. Motion carried 7-0.
between the City and Heartland Financial USA, Dubuque Racing Assn: Nicholson moved that
Inc. for an expansion project in downtown the current members remain on that Board -
Dubuque, presented and read. Cline moved that currently Mayor Duggan and Council Members
the communication be received and filed. Buol and Markham. Seconded by Michalski.
Seconded by Michalski. Motion carried 7-0. Motion carried 7-0.
Lynn B. Fuller, President and CEO of REAP Committee – Nicholson moved that
Heartland Financial USA, Inc., spoke in support Connors be appointed to that Committee.
of the Memorandum of Understanding. Seconded by Cline. Motion carried 7-0.
Airport Commission: Nicholson moved that
RESOLUTION NO. 8-02
Markham be reappointed to a one year term to
A RESOLUTION APPROVING A
expire 01/5/03. Seconded by Michalski. Motion
MEMORANDUM OF UNDERSTANDING WITH
carried 7-0.
HEARTLAND FINANCIAL USA INC. FOR AN
EXPANSION IN DOWNTOWN DUBUQUE
There being no further business, Markham
Whereas, Heartland Financial USA Inc. is moved to adjourn. Seconded by Buol. Motion
proposing to expand employment in the City of carried 7-0. The meeting adjourned at 7:28 P.M.
Dubuque, and
Whereas, the City is encouraging the /s/ Jeanne F. Schneider
Company to expand its operations in Downtown City Clerk
Dubuque, and 1t 1/16
Whereas, a Memorandum of Understanding
has been prepared for said expansion,
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Memorandum of
Understanding is hereby approved.
Section 2. The City Manager is hereby
directed to prepare documents necessary to
implement the Memorandum of Understanding
th
Passed, approved and adopted this 7 day of
January 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
HOME Program Application: City Manager
recommending approval of an application to the
Iowa Department of Economic Development for
6 Regular Session, January 7, 2002
Approved:__________________________2002
Adopted:___________________________2002
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
Special Session, January 21, 2002 7
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, January 21,
Approved:__________________________2002
2002
Council met for dinner at 4:45 P.M. in the
Adopted:___________________________2002
Library Rotunda
Council met in Special Session at 5:23 P.M. in
the Library Auditorium
______________________________________
Mayor
Present: Mayor Pro-Tem Michalski, Council
Members Buol, Cline, Connors, Markham,
______________________________________
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
______________________________________
Absent: Mayor Duggan.
______________________________________
Mayor Pro-Tem Michalski read the call and
stated this is a Special Session of the City
______________________________________
Council called for the purpose of discussing
Streetscape Design Guidelines in the Historic
______________________________________
Preservation Districts.
______________________________________
Terry Mozena, Chair of the Historic
Council Members
Preservation Commission, introduced the
members of the Historic Design Guidelines
Attest:
Steering Committee that were present.
______________________________________
Kevin Eipperle of The Durrant Group
City Clerk
presented the draft Guidelines.
At 6:07 P.M. there being no further business
on this subject, Buol moved to go into Closed
Session – re: Pending Litigation and Acquisition
of Property – Iowa Code Chapter 21.5(1)(c)(j).
Seconded by Cline. Motion carried 6-0.
At 6:28 P.M. upon consensus Closed Session
adjourned stating Staff had been given proper
direction.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 1/30
8 Regular Session, January 21, 2002
DUBUQUE
and report. Seconded by Cline. Motion carried 6-
0.
CITY COUNCIL
Corporation Counsel advising that the
OFFICIAL
following claims have been referred to Public
PROCEEDINGS
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Richard J.
Hartig for property damage.; Joe A. Kubicek for
City Council, Regular Session, January 21,
personal injury; and SISCO for personal injury
2002
claim of Jody Bradley, presented and read. Buol
Council met in Regular Session at 6:30 P.M. in
moved that the communications be received and
the Library Auditorium
filed. Seconded by Cline. Motion carried 6-0.
Present: Mayor Pro-Tem Michalski, Council
Members Buol, Cline, Connors, Markham,
Corporation Counsel recommending approval
Nicholson, City Manager Michael Van Milligen,
of the claim of Joe Chapman for property
Corporation Counsel Barry Lindahl.
damage in the amount of $15.00 and directing
Absent: Mayor Duggan.
the Finance Director to issue the proper
payment, presented and read. Buol moved that
Mayor Pro-Tem Michalski read the call and
the communication be received and filed and
stated this is the regular session of the City
directed Finance Director to issue proper
Council called for the purpose of acting upon
payment. Seconded by Cline. Motion carried 6-
such business which may properly come before
0.
the City Council.
Citizen Communications:
Invocation was given by President Ken
Communication from John and Tina Perry
Daughters, Emmaus Bible College.
requesting that the City vacate a portion of
Burlington and Stolz Street abutting their
CONSENT ITEMS
property, presented and read. Buol moved that
the communication be received and filed and
Minutes Submitted: City Council of 1/7; Civil
referred to the City Manager. Seconded by
Service Commission of 12/18; Historic
Cline. Motion carried 6-0.
Preservation Commission of 12/20; Park and
Communication from Brendan T. Quann,
Recreation Commission of 12/11; Transit Board
representing the Sisters of Charity of the
of 12/13; Zoning Advisory Commission of 12/19
Blessed Virgin Mary, requesting that the City
and 1/2; Zoning Board of Adjustment of 12/20,
vacate a portion of Carmel Drive abutting
presented and read. Buol moved that the
property owned by the Sisters of Charity,
minutes be received and filed. Seconded by
presented and read. Buol moved that the
Cline. Motion carried 6-0.
communication be received and filed and
referred to the City Manager. Seconded by
Finance Director submitting the City of
Cline. Motion carried 6-0.
Dubuque Financial reports for the month ending
Communication from Kenneth J. Moore and
December 31, 2001, presented and read. Buol
Vince Kilburg requesting that parking be allowed
moved that the communication and report be
in the alley between Main Street and Iowa Street
received and filed. Seconded by Cline. Motion
for tenants in building located at 140 Loras
carried 6-0.
Boulevard, presented and read.
.
Mr. Vince Kilburg of Bellevue, as Building
Printed Council Proceedings for November
Manager, spoke clarifying this request.
2001, presented and read. Buol moved that the
Buol moved that the communication be
proceedings be approved as printed. Seconded
received and filed and referred to the City
by Cline. Motion carried 6-0.
Manager. Seconded by Cline. Motion carried 6-
0.
Notice of Claims/Suits: David Draper in
estimated amount of $629.04 for vehicle
Civil Service Commission:
damage; Carol Ernst in estimated amount of
Civil Service Commission submitting the
$503.97 for vehicle damage; Farm Bureau
certified list for the position of Stock Clerk and
Mutual Insurance in undetermined amount for
amending the certified list for Equipment
vehicle damage and personal injury of Earl
Operator II, presented and read.
Hinzman; Leuwerke and Associates, Inc. in
undetermined amount for property damage
January 3, 2002
claim of Ellen Close; Randy Rath in estimated
Honorable Mayor and Members of the City
amount of $800 for vehicle damage, presented
Council
and read. Buol moved that the claims and suits
In accordance with Chapter 400 of the 2001
be referred to the Legal Staff for investigation
Code of Iowa, an examination for the position of
Regular Session, January 21, 2002 9
Stock Clerk was given on December 18, 2001. Whereas, the City Council of the City of
We hereby certify that the individuals listed Dubuque, Iowa, met on the 21st day of January,
below have passed this written examination and 2002, at 6:30 p.m., in the Public Library
the vacancy for this position should be made Auditorium, Eleventh and Locust Streets,
from this list and that this list is good for two (2) Dubuque, Iowa, to consider the first amendment
years from above date. to the Lease Agreement between the City of
STOCK CLERK Dubuque and the Dubuque Girls’ Independent
Gary Nauman Frederick Brimeyer League, a copy of which is attached hereto and
Garry F. Clauer Kathy L. Masterpol incorporated herein by reference; and
Teresa M. Behnke Timothy J. Schmit Whereas, the City Council of the City of
Randy Ludowitz Edie A. Huss Dubuque, Iowa, overruled any and all
Respectfully submitted, objections, oral or written, to the lease
/s/ Loras Kluesner, Chairperson agreement;
/s/ Merle Duehr NOW THEREFORE, BE IT RESOLVED BY
Civil Service Commission THE CITY COUNCIL OF THE CITY OF
Buol moved that the above Civil Service DUBUQUE, IOWA:
certification be made a matter of record. Section 1. The amendment to the Lease
Seconded by Cline. Motion carried 6-0. Agreement between the City of Dubuque and
the Dubuque Girls’ Independent League, a copy
January 3, 2002 of which is attached hereto, is hereby approved.
Honorable Mayor and Members of the City Section 2. The Mayor is authorized and
Council directed to execute the Lease Agreement on
In accordance with Chapter 400 of the 2001 behalf of the City of Dubuque.
Code of Iowa, an examination for the position of Passed, approved and adopted this 21st day
Equipment Operator II was given on June 12, of January, 2002.
2001. We hereby certify that the following Ann E. Michalski, Mayor Pro-Tem
individuals be added to the previously certified Attest: Jeanne F. Schneider, City Clerk
list for this position. Buol moved adoption of the Resolution.
EQUIPMENT OPERATOR II Seconded by Cline. Motion carried 6-0.
Scott L. Pape
Troy J. Kapparos Phase III Historical/Architectural Survey Grant
Respectfully submitted, Agreement: City Manager recommending
/s/ Loras Kluesner, Chairperson approval of a Certified Local Government (CLG)
/s/ Merle Duehr grant agreement for Phase III of Dubuque’s
Civil Service Commission Architectural / Historic Survey / Evaluation,
Buol moved that the above Civil Service presented and read. Buol moved that the
certification be made a matter of record. communication be received and filed and
Seconded by Cline. Motion carried 6-0. approved recommendation. Seconded by Cline.
Motion carried 6-0.
City Precinct and Ward Plan: Communication
from Chet J. Culver, Secretary of State, advising Final Plat – Lots 1 and 2 of C and Z Addition:
that the State has approved the City Precinct Zoning Advisory Commission recommending
and Ward Plan as submitted, presented and approval of the final plat of Lots 1 and 2 of C and
read. Buol moved that the communication be Z Addition located at 605 and 611 South
received and filed. Seconded by Cline. Motion Grandview at the request of Roland Clinton and
carried 6-0. Richard and Patricia Zahina, presented and
read. Buol moved that the communication be
Dubuque Girls’ Independent League: City received and filed. Seconded by Cline. Motion
Manager recommending approval of the first carried 6-0.
amendment to the lease agreement between the
RESOLUTION NO. 10-02
City of Dubuque and the Dubuque Girls’
RESOLUTION APPROVING THE FINAL PLAT
Independent League for 11.6 acres of the Rip
OF LOTS 1 AND 2 OF C AND Z ADDITION
Row Valley property to clearly state when the
general public will be able to use the leased Whereas, there has been filed with the City
area, presented and read. Buol moved that the Clerk a final plat of Lots 1 and 2 of C and Z
communication be received and filed. Seconded Addition; and
by Cline. Motion carried 6-0. Whereas, said plat provides Lot 1 with 4,876
square feet of lot area and 50.63 feet of lot
RESOLUTION NO. 9-02
frontage and Lot 2 with 4,966 square feet of lot
RESOLUTION APPROVING AN AMENDMENT
area and 48.70 feet of lot frontage, where 6,000
TO THE LEASE AGREEMENT WITH THE
square feet of lot area and 60 feet of lot frontage
DUBUQUE GIRLS’ INDEPENDENT LEAGUE
respectively are required; and
10 Regular Session, January 21, 2002
Whereas, said final plat has been examined by Passed, approved and adopted this 21st day
the Zoning Advisory Commission and had its of January, 2002.
approval endorsed thereon; and Ann E. Michalski, Mayor Pro-Tem
Whereas, said final plat has been examined by Attest: Jeanne F. Schneider, City Clerk
the City Council and they find that it conforms to Buol moved adoption of the Resolution.
the statutes and ordinances relating thereto. Seconded by Cline. Motion carried 6-0.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 12-02
THE CITY COUNCIL OF THE CITY OF
FINAL ESTIMATE
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Whereas, the contract for the demolition of the
Subdivision Regulations is waived to allow Lot 1 building located at 330-336 Main Street has
with 4,876 square feet of lot area and 50.63 feet been completed and the Economic Development
of lot frontage and Lot 2 with 4,966 square feet Director has submitted his final estimate
of lot area and 48.70 feet of lot frontage, where showing the cost thereof including the cost of
6,000 square feet of lot area and 60 feet of lot estimates, notices and inspection and all
frontage respectively are required. miscellaneous costs;
Section 2. That the final plat of Lots 1 and 2 of NOW, THEREFORE, BE IT RESOLVED BY
C and Z Addition is hereby approved, and the THE CITY COUNCIL OF THE CITY OF
Mayor and City Clerk are hereby authorized and DUBUQUE, IOWA:
directed to endorse the approval of the City of Section 1. That the cost of said improvement is
Dubuque, Iowa upon said final plat. hereby determined to be $150,040 and the said
Passed, approved and adopted this 21st day amount shall be paid from the Fiscal Year 2001
of January, 2002. Community Development Block Grant funds.
Ann E. Michalski, Mayor Pro-Tem Passed, approved and adopted this 21st day
Attest: Jeanne F. Schneider, CMC, City Clerk of January, 2002.
Buol moved adoption of the Resolution. Ann E. Michalski, Mayor Pro-Tem
Seconded by Cline. Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
330 - 336 Main Street – Acceptance: City Seconded by Cline. Motion carried 6-0.
Manager recommending acceptance of the
demolition project at 330 – 336 Main Street in Westside Intake Replacement Project –
the final contract amount of $150,040 as Acceptance: City Manager recommending
completed by Tschiggfrie Excavating, presented acceptance of the Westside Intake Replacement
and read. Buol moved that the communication Project in the final contract amount of
be received and filed. Seconded by Cline. $39,704.11 as completed by Renaissance of
Motion carried 6-0. Dubuque Corporation, presented and read. Buol
moved that the communication be received and
RESOLUTION NO. 11-02
filed. Seconded by Cline. Motion carried 6-0.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 13-02
Whereas, the contract for the demolition of the
ACCEPTING IMPROVEMENT
building located at 330-336 Main Street has
been completed and the City manager has Whereas, the contract for the Westside Intake
examined the work and filed his certificate Replacement Project has been completed and
stating that the same has been completed the City Manager has examined the work and
according to the terms of the contracts, plans filed his certificate stating that the same has
and specifications and recommends its been completed according to the terms of the
acceptance. contract, plans and specifications and
NOW, THEREFORE, BE IT RESOLVED BY recommends it acceptance.
THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
Section 1. That the recommendation of the DUBUQUE, IOWA:
City Manager be approved and that said Section 1. That the recommendation of the
improvement be and the same is hereby City Manager be approved and that said
accepted. improvement be and the same is hereby
BE IT FURTHER RESOLVED that the City accepted.
Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City
the contractor from the Fiscal Year 2001 Treasurer be and he is hereby directed to pay to
Community Development Block Grant Fund in the contractor from the Fiscal Year 1999
amounts equal to the amount of this contract, General Fund in amount equal to the amount of
less any retained percentage provided for his contract, less any retained percentage
therein. provided for therein.
Regular Session, January 21, 2002 11
st
Passed, approved and adopted this 21 day of Ann E. Michalski, Mayor Pro-Tem
January, 2002. Attest: Jeanne F. Schneider, City Clerk
Ann E. Michalski, Mayor Pro-Tem Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 6-0.
Buol moved adoption of the Resolution.
RESOLUTION NO. 16-02
Seconded by Cline. Motion carried 6-0.
FINAL ESTIMATE
RESOLUTION NO. 14-02
Whereas, the contract for the 2001 Curb Ramp
FINAL ESTIMATE
Installation - CDBG Project has been completed
Whereas, the contract for the Westside Intake and the City Engineer has submitted his final
Replacement Project has been completed and estimate showing the cost thereof including the
the City Engineer has submitted his final cost of estimates, notices and inspection and all
estimate showing the cost thereof including the miscellaneous costs.
cost of estimates, notices and inspection and all NOW THEREFORE, BE IT RESOLVED BY
miscellaneous costs. THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF Section 1. That the cost of said improvements
DUBUQUE, IOWA: is hereby determined to be $33,225.93 and the
Section 1. That the cost of said improvements said amount shall be paid from the Fiscal Year
is hereby determined to be $46,262.86 and the 2001 Community Development Block Grant
said amount shall be paid from the Fiscal Year Fund of the City of Dubuque, Iowa.
st
1999 Fiscal Year General Fund of the City of Passed, approved and adopted this 21 day of
Dubuque, Iowa. January, 2002.
st
Passed, approved and adopted this 21 day of Ann E. Michalski, Mayor Pro-Tem
January, 2002. Attest: Jeanne F. Schneider, City Clerk
Ann E. Michalski, Mayor Pro-Tem Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 6-0.
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0. 2001 Sidewalk Assessment Project: City
Manager recommending approval of the final
2001 CDBG Curb Ramp Installation – assessment schedule for the 2001 Sidewalk
Acceptance: City Manager recommending Assessment Project, presented and read. Buol
acceptance of the 2001 Curb Ramp Installation moved that the communication be received and
(CDBG) Project in the final contract amount of filed. Seconded by Cline. Motion carried 6-0.
$31,052.28, presented and read. Buol moved
RESOLUTION NO. 17-02
that the communication be received and filed.
A RESOLUTION ADOPTING THE FINAL
Seconded by Cline. Motion carried 6-0.
ASSESSMENT SCHEDULE FOR THE 2001
RESOLUTION NO. 15-02 SIDEWALK ASSESSMENT PROJECT INCLU-
ACCEPTING IMPROVEMENT DING CERTAIN INFORMATION REQUIRED
BY THE CODE OF IOWA, SPECIFICALLY,
Whereas, the contract for the 2001 Curb Ramp
THE NUMBER OF ANNUAL INSTALLMENTS
Installation - CDBG Project has been completed
INTO WHICH ASSESS-MENTS ARE DIVIDED,
and the City Manager has examined the work
THE INTEREST ON ALL UNPAID
and filed his certificate stating that the same has
INSTALLMENTS, THE TIME WHEN THE
been completed according to the terms of the
ASSESSMENTS ARE PAYABLE AND
contract, plans and specifications and
DIRECTING THE CLERK TO CERTIFY THE
recommends it acceptance.
FINAL SCHEDULE AND TO PUBLISH NOTICE
NOW THEREFORE, BE IT RESOLVED BY
THEREOF.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY
Section 1. That the recommendation of the THE CITY COUNCIL OF THE CITY OF
City Manager be approved and that said DUBUQUE, IOWA:
improvement be and the same is hereby That after full consideration of the final
accepted. schedule of assessments and accompanying
BE IT FURTHER RESOLVED that the City plat showing the assessments proposed to be
Treasurer be and he is hereby directed to pay to made for the construction of the 2001 Sidewalk
the contractor from the Fiscal Year 2001 Assessment Project under contract with Kluck
Community Development Block Grant Funds in Construction of Dubuque, Iowa, which final plat
amount equal to the amount of his contract, less and schedule were filed in the office of the City
th
any retained percentage provided for therein. Clerk on the 16 day of January, 2002, the said
st
Passed, approved and adopted this 21 day of schedule of assessments be and the same is
January, 2002. hereby approved and adopted.
12 Regular Session, January 21, 2002
nd
That there be, and is hereby assessed and Burkart, Daniel & Donna 201 E. 22 Lot 2 S
levied as a special tax against and upon each of 36’ 56 & all 55 LH Langs Addn 10-24-203-018
the lots, the respective sums indicated. $69.00
Provided, further, that the amounts shown in Bigelow, Marc & Linda 2995 Castlewood Lot
said final schedule of assessments as 15 Blk 9 Arbor Oaks 10-15-152-023 $55.20
deficiencies are found to be proper and levied Arthur, Steve & Deann 3085 Castlewood Lot 5
conditionally against the respective properties Re-Plat Block 8 Arbor Oaks 10-15-152-018
benefited by the improvements as shown in the $414.00
schedule, subject to the provisions of Section Dean, Darron Wayne 119 Clarke Dr. E. 65’ Lot
384.63 of the Code of Iowa. Said assessments 15 LH Langworthy Sub. 10-24-134-033 $55.20
against said lots are hereby declared to be in Potter, Ralph R. 429 Clarke Dr. Lot 102 Cox’s
proportion to the special benefits conferred and Addn. 10-24-176-023 $110.40
not in excess of twenty-five percent of the value Vaassen, Ronald and Judy 879 Clarke Dr. Lot
of same. 1 Sub Lots 30 & 31, Lot 4 Sub Lots 30 & 31 10-
That the City Clerk be and is hereby directed 23-276-019 $55.20
to certify said schedule to theCounty Treasurer Biechler, John, 2220 Foye Lot 22 CA Voelkers
of Dubuque County, Iowa, and to publish notice Addn. 10-24-111-001 $55.20
of said certification once each week for two Schmitt, Michael 2214 Jackson Lot 1 of 57 LH
consecutive weeks in the manner provided in Langworthy’s Addn. 10-24-203-007 $276.00
Section 362.3, the first publication of which shall Bemis, Terry & Justin, 1705 Lori Lot 12 Block
be not more than fifteen days from the date of 4 Scenic View Hgts #3 10-15-481-025 $110.40
filing of the final schedule. On or before the date Johnson, Ronald G. 1782 Lori Lot 4 Block 2
of the second publication of the notice, the City Scenic View Hgts #3 10-15-482-008 $423.20
Clerk shall also mail a copy of said notice to Franklin, Laura 874 Mt. Loretta Lot 4 Mineral
property owners whose property is subject to Lot 39 10-36-206-009 $621.00
assessment, as provided and directed in Section McCarron, Robert & Julia 928 Mt. Loretta Lot 6
384.60 of the Code of Iowa. Ryders Sub. 10-36-206-006 $165.60
That assessments may be paid in full or in part Wilson, Monique 995 Mt. Loretta W. 50’ Lot 59
without interest at the office of the County & 1-60- Oak Grove Addn. 10-36-126-019
Treasurer, at any time within 30 days after the $1,373.10
date of the first publication of this notice of the Grabow, Ralph 2615 St. Anne Dr. Lot 2 Block
filing of the final schedule of assessments with 6 St. Anne’s Sub. 10-22-408-018 $386.40
the County Treasurer. After 30 days unpaid Biechler, Judith 2905 St. Anne Dr. Lot 1 Block
assessments of $50.00 or more are payable in 7 Mettel Brooks Addn. 10-22-335-036 $124.20
10 annual installments and will draw annual Pluym, Daniel & Susan, 2044 White S. 32’ W
interest at nine percent (commencing on the ½ Lot 44 LH Langworthy’s Sub. 10-24-213-003
date of acceptance of the work) computed to the $276.00
December 1 next following the due dates of the Then, Lauretta & Richard 2062 White W ½ Lot
respective installments as provided in Section 43 & S 28’ W ½ Lot 42 LH Langworthy 10-24-
384.65 of the Code of Iowa. Each installment will 213-001 $55.20
be delinquent from October 1 following its due Brashaw, Paul & Kathryn 2160 St. Celia Lot 29
date on July 1 of each year. Property owners Block 4 Sunset Park #2 10-21-252-005 $655.04
may elect to pay any annual installments Parris, Allen R. & Anita M. 1790 Auburn Lot
semiannually in advance. 172 & N 12-1/2” Lot 171 Woodland Park Addn.
st
Passed, approved and adopted this 21 day of 10-23-383-001 $690.00
January, 2002. Revenig, James C. & Paula 2267 St. Celia Lot
Ann E. Michalski, Mayor Pro-Tem 14 Blk 6 Sunset Park #2 10-21-204-003 $368.00
Attest: Jeanne F. Schneider, City Clerk Bisping, Isabelle D. 895 Lowell S. 50’ Lot 22 &
2001 SIDEWALK ASSESSMENT PROJECT 23 Busemans Sub #1 10-23-235-009 $846.40
SCHEDULE OF FINAL ASSESSMENTS TOTAL $7,184.74
The following schedule is hereby determined Buol moved adoption of the Resolution.
to show each lot proposed to be assessed for Seconded by Cline. Motion carried 6-0.
the improvements shown in the title together
with the amount proposed to be assessed Dubuque Yacht Basin Lease Amendments:
against each lot and the valuation shown City Manager recommending approval of three
opposite each lot are hereby fixed as the true corrected lease amendments between the City
valuations of such lots by the City Council of the and Dubuque Yacht Basin, Inc., which were
City of Dubuque. approved on December 17, 2001, presented and
Property Owner Location Legal Description read. Buol moved that that communication be
Parcel Total Assessment received and filed and approved
recommendation. Seconded by Cline. Motion
carried 6-0.
Regular Session, January 21, 2002 13
from $15,000,000 to $20,000,000, presented
Dodds River Terminals – Lease Amendment: and read. Buol moved that the communication
City Manager recommending approval of an be received and filed and approved
amendment to the lease agreement between the recommendation. Seconded by Cline. Motion
City of Dubuque and Dodds River Terminals for carried 6-0.
rail access, presented and read. Buol moved
RESOLUTION NO. 19-02
that the communication be received and filed.
NAMING DEPOSITORIES
Seconded by Cline. Motion carried 6-0.
Whereas,Chapter 12C.2 of the 2201 Code of
RESOLUTION NO. 18-02
Iowa states that the approval of a financial
RESOLUTION APPROVING THE FIRST
institution as a depository shall be by written
AMENDMENT TO LEASE AND AGREEMENT
resolution or order which shall be entered of
BETWEEN DUBUQUE TWINE COMPANY
record in the minutes of the approving board,
AND THE CITY OF DUBUQUE DATED APRIL
and which shall distinctly name each depository
10, 1979
approved, and specify the maximum amount
Whereas, Dubuque Twine Company entered which may be kept on deposit in each
into a certain Lease and Agreement with the City depository; and
of Dubuque (City) dated April 10, 1979; and Whereas,This procedure is required if a
Whereas, Dubuque Twine Company assigned financial institution changes its name or home
the Lease and Agreement to Dodds River office location, if the maximum amount is
Terminals, Inc. (Dodds) on June 12, 1995; and changed, or if a financial institution is added or
Whereas, Dodds and the City desire to amend deleted.
Paragraph 4 of the lease regarding the use of NOW, THEREFORE, BE IT RESOLVED BY
the City-owned railroad siding currently utilized THE CITY COUNCIL OF THE CITY OF
by Dodds; and DUBUQUE, I OWA:
Whereas, Dodds proposes to give up and yield Section 1. That the following financial
any right to rail access to its leased property institutions are approved to be depositories of
from the City-owned railroad siding north of the City of Dubuque, Iowa funds in conformance
Dodds and also proposes that the City accept with all applicable provisions of the 2001 Iowa
and maintain the newly-repaired south railroad Code Chapter 12C.2. The City Treasurer is
siding from the Dodds rail and dock, to the point hereby authorized to deposit City of Dubuque,
where siding joins the Chicago Central and Iowa funds in amounts not to exceed the
Pacific Railroad tracks. maximum approved for each respective
NOW, THEREFORE, BE IT RESOLVED BY financial institution as set out below.
THE CITY COUNCIL OF THE CITY OF Depository Name Location of Home Office
DUBUQUE, IOWA: Maximum Balance
Section 1. That the First Amendment to Lease American Trust & Savings Bank Dubuque, Iowa
and Agreement is hereby approved and the $40,000,000
Mayor is authorized and directed to execute the Dubuque Bank & Trust Company Dubuque,
First Amendment to Lease Agreement and Iowa $40,000,000
Agreement attached hereto. Firstar Bank N.A. Milwaukee, Wisconsin
Section 2. That the City reimburse Dodds the $20,000,000
sum of $8,464.16 (less Iowa sales tax) for its Dupaco Community Credit Union Dubuque,
cost in the repair of the southerly railroad siding. Iowa $20,000,000
Section 3. The City Clerk is hereby authorized Premier Bank Dubuque, Iowa $20,000,000
and directed to record a certified copy of this East Dubuque Savings Bank East Dubuque,
Resolution and the First Amendment to Lease Illinois $20,000,000
and Agreement in the offices of the Dubuque Liberty Bank Des Moines, Iowa $20,000,000
County Recorder. Passed, approved and adopted this 21st day of
st
Passed, approved and adopted this 21 day of January, 2002.
January, 2002. Ann E. Michalski, Mayor Pro-Tem
Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk
Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution.
Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0.
Seconded by Cline. Motion carried 6-0.
Dubuque Yacht Basin – Firstar Assignment:
Authorized Depository Institutions: City City Manager recommending approval of the
Manager recommending increasing the assignment of real estate and lease agreements
maximum balance for the City’s authorized for the Dubuque Yacht Basin to Firstar Bank,
depository institutions (Firstar Bank N.A., presented and read. Buol moved that that
Dupaco Community Credit Union, Premier Bank, communication be received and filed and
East Dubuque Savings Bank, and Liberty Bank)
14 Regular Session, January 21, 2002
approved recommendation. Seconded by Cline. Area Office and to the local news media,
Motion carried 6-0. individuals and groups known to be interested
and believed to be appropriate to receive such a
Quarterly Investment Report: City Manager notice; and
submitting the December 31, 2001 Quarterly Whereas, any and all comments received as a
Investment Report, presented and read. Buol result of such notice will be duly considered
moved that the communication and report be before proceeding with a Request for Release of
received and filed. Seconded by Cline. Motion Funds and Certification.
carried 6-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Four Mounds Foundation: City Manager DUBUQUE, IOWA:
recommending support for a grant application by Section 1. That the City Clerk be and is hereby
the Four Mounds Foundation to the State authorized and directed to publish a combined
Historical Society for repairs to the exterior of Notice of Finding of No Significant Impact on the
the Grey House (Conference Center/Inn), Environment and Notice of Intent to Request
presented and read. Buol moved that the Release of Funds for the Heartland Financial
communication be received and filed and USA project and to make the Environmental
approved recommendation. Seconded by Cline. Review Record for said project available for
Motion carried 6-0. public inspection and comment until 5:00 p.m.
on February 11, 2002. Such notice shall be in
Heartland Financial – Notice of No Significant the form of Exhibit "A" attached hereto and
Impact: City Manager recommending approval made a part hereof.
of a combined Notice of No Significant Impact Section 2. That the environmental review
on the Environment and Notice of Intent to record for the project shall be placed on file in
Request Release of Funds for the Heartland the Office of the City Clerk where said record
Financial USA project, presented and read. Buol may be examined and copied by any interested
moved that the communication be received and party.
filed. Seconded by Cline. Motion carried 6-0. Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
RESOLUTION NO. 20-02
submit to the U.S. Department of Housing and
A RESOLUTION AUTHORIZING PUBLI-
Urban Development fifteen (15) days after
CATION OF A COMBINED NOTICE OF
publication of appropriate notice a Request for
FINDING OF NO SIGNIFICANT IMPACT ON
Release of Funds to undertake the said project.
THE ENVIRONMENT AND NOTICE OF
Section 4. That the Mayor of the City of
INTENT TO REQUEST RELEASE OF FUNDS
Dubuque is hereby authorized to consent to
FOR HEARTLAND FINANCIAL USA
assume the status of a responsible federal
PROJECT.
official under the National Environmental
Whereas, the City of Dubuque entered into a Protection Act, insofar as the provisions of the
Grant Agreement for the Fiscal Year said Act apply to the U.S. Department of
commencing July 1, 2001, with the U.S. Housing and Urban Development
Department of Housing and Urban responsibilities for review, decision making, and
Development, providing for financial assistance action assumed and carried out by the City of
to the City under Title I of the Housing and Dubuque as to environmental issues.
Community Development Act of 1974, as Section 5. That the Mayor of the City of
amended; and Dubuque is hereby authorized to consent
Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf
as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction
Housing and Urban Development, an of the federal courts if an action is brought to
environmental review has been processed for enforce responsibilities in relation to
the Heartland Financial USA project; and environmental review, decision-making and
Whereas, based on said environmental review, action.
the Department of Housing and Community Section 6. That the Mayor of the City of
Development has determined that said project Dubuque be and he is hereby authorized and
will have no significant impact on the directed to execute a certification pertaining to
environment; and the environmental review procedures.
st
Whereas, a combined notice of " Finding of No Passed, approved and adopted this 21 day of
Significant Impact on the Environment" and of January 2002.
"Intent to Request Release of Funds" for said Ann E. Michalski, Mayor Pro-Tem
project will be sent by regular mail to various Attest: Jeanne F. Schneider, City Clerk
federal, state and local public agencies; to the Buol moved adoption of the Resolution.
appropriate Regional Office of the Seconded by Cline. Motion carried 6-0.
Environmental Protection Agency, to the HUD
Regular Session, January 21, 2002 15
RESOLUTION NO. 22-02
Agreement Between the City of Dubuque and
Delta Dental Plan of Iowa: City Manager Whereas, applications for Liquor Licenses
recommending approval of the Administrative have been submitted to this Council for approval
Services and Financial Agreement between the and the same have been examined and
City of Dubuque and Delta Dental Plan of Iowa approved; and
for services related to the administration of the Whereas, the premises to be occupied by such
City’s dental plan, presented and read. Buol applicants were inspected and found to comply
moved that the communication be received and with the State Laws and all City Ordinances
filed and approved recommendation. Seconded relevant thereto and they have filed proper
by Cline. Motion carried 6-0. bonds.
NOW, THEREFORE, BE IT RESOLVED BY
Iowa League of Cities Conference: City THE CITY COUNCIL OF THE CITY OF
Manager recommending that the City submit a DUBUQUE, IOWA:
bid for the Iowa League of Cities Conference That the Manager be authorized to cause to be
scheduled for 2005 and 2006, presented and issued the following named applicants a Liquor
read. Buol moved that the communication be License.
received and filed and concurred. Seconded by CLASSC BEER/LIQUOR LICENSE
@@
Cline. Motion carried 6-0.
Town Clock Inn, Inc Town Clock Inn
799 Town Clock Plaza
City Manager recommending approval of
Charles Steffen Tony’s Place+
Permit Application to Corps of Engineers for
(Sunday Sale) 1701 Central Ave
Dubuque County Historical Society Wetlands James W. Goetzinger Goetz’s+
Project, presented and read. Buol moved that (Sunday Sale) 2776 Jackson St.
the communication be received and filed and CLASS “B” (WB) WINE
approved recommendation. Seconded by Cline. Express Depot Inc. Liquor Depot of Dubuque
Motion carried 6-0.
1620 JFK Rd
st
Passed, approved and adopted this 21 day of
Business Licenses:
January, 2002.
Ann E. Michalski, Mayor Pro-Tem
RESOLUTION NO. 21-02
Attest: Jeanne F. Schneider, City Clerk
BEER
Buol moved adoption of the Resolution.
Whereas, applications for Beer Permits have Seconded by Cline. Motion carried 6-0.
been submitted and filed to this Council for
approval and the same have been examined
BOARDS/COMMISSIONS
and approved: and
Whereas, the premises to be occupied by such
Appointments to the following Boards /
applicants were inspected and found to comply
Commissions:
with the Ordinances of the City and have filed
HUMAN RIGHTS COMMISSION (Three
proper bonds. vacancies for terms through 1/1/05 – terms of
NOW, THEREFORE, BE IT RESOLVED BY Blau, Determan, and Sutton). Applicants: Sr.
THE CITY COUNCIL OF THE CITY OF Corine Murray, PBVM; Lou Oswald; Bill Ross;
DUBUQUE, IOWA:
Joseph Hopkins.
That the Manager be authorized to cause to be
Vote on the appointments was as follows:
issued the following named applicants a Beer
Cline voted for Murray, Oswald and Ross.
Permit.
Connors voted for Murray, Oswald and Ross.
CLASS “C” BEER PERMIT
Markham voted for Murray, Oswald and Ross.
Dubuque Discount Gas Inc Dubuque Discount Michalski voted for Murray, Oswald and Ross.
Gas+(Sunday Sale) 2175 Central Ave Nicholson voted for Murray, Oswald and Ross,
Hill Street Plaza, Inc. Oky Doky # 8+ Buol voted for Murray, Oswald and Ross.
(Sunday Sale) 535 Hill St Therefore, Sr. Corine Murray, PBVM, Lou
Iowa Oil Company IOCO Speed Shoppe # 3+
Oswald, and Bill Ross appointed to three year
(Sunday Sale) 3200 Central Ave
terms which will expire 1/1/05.
Express Depot Inc Liquor Depot of Dubuque+
PLUMBING BOARD (Journeyman – Term of
(Sunday Sale) 1620 JFK Rd
Papin to expire 11/2/03): Applicant: Paul Papin.
st
Passed, approved and adopted this 21 day of Markham moved that Mr. Papin be reappointed
January 2002. to the Plumbing Bd. to a term to expire 11/2/03.
Ann E. Michalski, Mayor Pro-Tem Seconded by Nicholson. Motion carried 6-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
16 Regular Session, January 21, 2002
PUBLIC HEARINGS the west 53 feet of Lot 20 of Morgan’s
Subdivision, Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9,
Buol moved to suspend the rules to allow Lot 2 of Lot 3, and Lot 2 of Lot 4, all of Yates
anyone present to address the Council if they so and Pickett Subdivision; Lot 2 of Lot 73, Lot 2 of
desire. Seconded by Cline. Motion carried 6-0. Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of
Lot 77, Lot 2 of Lot 78, Lot 2 of Lot 79, Lots 71A,
Loras College – Request to Amend the ID Lots 69 through and including Lot 71, Lots 63
Institutional District: Proof of publication on through and including Lot 67, Lot 80 and Lot 2 of
notice of hearing to consider amending the ID Lot 81A, all of A.P. Woods Addition, and the
Institutional District located from Henion Street alley from Blake Street East except the portion
th
to 16 Street at the request of Loras College to adjoining Lot 2 of Lot 73 of A.P. Woods Addition,
allow for construction of student apartments and all of Helena Street, all in the City of Dubuque,
Zoning Advisory Commission recommending Iowa.
approval, presented and read. Buol moved that Section 2. That pursuant to Iowa Code Section
the proof and communication be received and 414.5(1993) and as an express condition of
filed. Seconded by Nicholson. Motion carried 6-amending the Loras College ID Institutional
0. District, the undersigned property owner(s)
An Ordinance Amending Appendix A (the agree(s) to the following conditions, all of which
Zoning Ordinance) of the City of Dubuque Code the property owner(s) further agree(s) are
of Ordinances by providing for the amendment reasonable and imposed to satisfy the public
of Ordinance 18-00 and approving an amended needs that are caused directly by the zoning
Campus Development Plan for the Loras reclassification:
College ID Institutional District, presented and A. Use Regulations
read. The following regulations shall apply to all
uses made of land in the above- described ID
OFFICIAL PUBLICATION
Institutional District:
ORDINANCE NO. 1-02
1) Principal permitted uses shall be limited to:
AN ORDINANCE AMENDING APPENDIX A
a) Colleges or universities
(THE ZONING ORDINANCE) OF THE CODE
b) Vocational schools
OF ORDINANCES BY PROVIDING FOR THE
c) Seminaries
AMENDMENT OF ORDINANCE 18-00 AND
d) Offices for administrative personnel or
APPROVING AN AMENDED CAMPUS
other institutional employees and affiliates
DEVELOPMENT PLAN FOR THE LORAS
e) Churches, libraries and museums
COLLEGE ID INSTITUTIONAL DISTRICT
. f) Classrooms, laboratories, lecture halls,
NOW, THEREFORE, BE IT ORDAINED BY and similar places of institutional
THE CITY COUNCIL OF THE CITY OF g) Off-street parking and loading
DUBUQUE, IOWA: h) Recreational or athletic facilities for the
Section 1. That Appendix A (the Zoning primary use and benefit of institutional
Ordinance) of the City of Dubuque Code of residents or affiliates
Ordinances and Ordinance 18-00 be amended i) Single-family, two-family or multi-family
by adopting a revised campus development dwellings for the housing of institutional
plan, a copy of which is attached to and made a residents or affiliates
part hereof, for the Loras College ID Institutional 2) Accessory uses. The following uses shall be
District, to wit: permitted as accessory uses in the above-
Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of described ID Institutional District:
Mineral Lot 91; Lot 1 and Lot 2 of Loras College a) Located entirely within a principal building,
Place; Lot 1 and Lot 2 of City Lot 742; Lot 1, Lot bookstores or bars seating not more than
2 and Lot 3 of City Lot 741; City Lot 714, Lots 20 seventy-five (75) persons at one time and
through and including Lot 33 of Levins Addition; located not closer than two hundred feet (200’)
all of the alleys in Levins Addition; Lot 15 from the nearest Residential or Office
through and including Lot 18 of Kringle Addition; Residential District.
Lots 30 through and including Lot 43 of Yates b) All uses customarily incidental and
Subdivision; Lots 32A, Lot B and Lot C all of subordinate to the principal use it serves, but
Yates Subdivision; Lot 1 and Lot 2, and Lots 12 not to include commercial use outside the
through and including Lot 15, all of Henion and principal building.
Baird Subdivision; W103’-N12’-N34’6”-W105’ of 3) No conditional uses shall be allowed.
Lot 5, S22’6”-N34’6”-W105 of Lot 5, S6’6”-W105’ B. Lot and Bulk Regulations
of Lot 5, W105’ of Lot 6 and W105’-N26’ of Lot Development of land in the ID Institutional
7, all in Henion and Baird Subdivision, Lots 1 District shall be amended as follows: The
through and including Lot 8 of Hodgdon proposed Garden Apartments shall be located in
Subdivision; Lot A of Hodgdon Subdivision; Lot conformance with the attached campus
820 and Lot 821 of A. McDaniels Subdivision; development plan and all final site development
Regular Session, January 21, 2002 17
plans are to be approved in accordance with of the conditions authorizing the establishment
provisions of the ID Institutional District of the district.
regulations. I. Modifications
C. Performance Standards Any modifications of this Ordinance must be
The development and maintenance of uses in approved by the City Council in accordance with
this ID Institutional District shall be established zoning reclassification proceedings of Section 6
in conformance with Section 3-5.2 of the Zoning of the Zoning Ordinance.
Ordinance and the following standards: J. Recording
1) New outdoor lighting for the proposed A copy of this ordinance shall be recorded at
Garden Apartments and reconstructed the the expense of the property owner(s) with the
parking lot shall use 72 degree cut-off light Dubuque County Recorder as a permanent
fixtures. record of the conditions accepted as part of this
2) Landscaping shall be provided in reclassification approval after the adoption of
compliance with Section 4-4 of the Zoning this ordinance. This ordinance shall be binding
Ordinance. upon the undersigned and all his/her heirs,
3) All utilities, including telephone and cable successors and assignees.
television, shall be installed underground. Section 3. The foregoing amendment has
4) Final site development plans shall be heretofore been reviewed by the Zoning
submitted in accordance with Section 4.4 of the Advisory Commission of the City of Dubuque,
Zoning Ordinance. Iowa.
D. Parking Requirements Section 4. This ordinance shall take effect
The off-street parking requirements for the immediately upon publication, as provided by
principal permitted uses for the herein described law.
ID Institutional District shall be regulated as Passed, approved and adopted this 21st day
follows: of January, 2002.
1) That twenty-six (26) spaces shall be Ann E. Michalski, Mayor Pro-Tem
provided in the new parking lot between Binz Attest: Jeanne F. Schneider, City Clerk
Hall and the Garden Apartments. ACCEPTANCE OF ORDINANCE NO. 1-02
2) That four (4) additional spaces shall be I, Joseph F. Gower, President, Loras College,
provided between Beckman and Binz Hall. having read the terms and conditions of the
3) That eleven (11) spaces shall be reassigned foregoing Ordinance No. 001–02 and being
from faculty/staff to student parking in the familiar with the conditions thereof, hereby
Hoffman Hall parking lot. accept the same and agree to the conditions
4) A minimum of 1,075 off-street parking required therein.
spaces shall be maintained for the Loras Dated this 24th day of January, 2002.
College Institutional District. By: /s/ Joseph F. Gower
5) Any significant expansion or reduction in the President
number of off-street parking spaces must be Published officially in the Telegraph Herald
st
reviewed by Planning Services staff for newspaper this 1day of February, 2002.
compliance with the adopted institutional district Jeanne F. Schneider, City Clerk
requirements. 1t 2/1
E. Open Space and Recreational Areas Buol moved that the requirement that a
Those areas not designated on the conceptual proposed Ordinance be considered and voted
development plan for development shall be on for passage at two Council Meetings prior to
maintained as open space, as defined by the meeting at which it is to be finally passed be
Section 8 of the Zoning Ordinance by the suspended and further moved final
property owner and/or association. consideration and passage of the Ordinance.
F. Sign Regulations Seconded by Nicholson. Motion carried 6-0.
The sign regulations shall be the same as that
which are allowed in the ID Institutional District White Street Reconstruction Project: Proofs of
as established in Section 4-3.11 of the Zoning publication on notice of hearing on plans and
Ordinance. specifications, and notice to bidders on the
G. Additional Standards receipt of bids, and City Manager recommending
1) That all previously approved campus adoption of the plans and specifications and that
development plans are hereby amended to allow a second public hearing and award of the
for the attached conceptual development plan. contract be scheduled for February 18, 2002;
H. Transfer of Ownership Communication from Ena Rae-Lienne Porter,
Transfer of ownership or lease of property in 2268 White Street, expressing concern
this ID Institutional District shall include the regarding the cost of the improvements;
transfer or lease agreement a provision that the Communication from Brenda Lee Thurston
purchaser or lessee acknowledges awareness Burke, objecting to the public improvement
assessment for reconstruction of White Street;
18 Regular Session, January 21, 2002
Communication from Karen M. and Mark J. Whereas, this is the time and place set as
Kuhle regarding the White Street reconstruction provided for the taking of action on the proposed
project; Communication of Ellis Swartz, 2665 Resolution of Necessity.
Jackson Street; Communication of Louise Welu, NOW THEREFORE, BE IT RESOLVED BY
3103 White Street; and Communication of THE CITY COUNCIL OF THE CITY OF
Raymond O’Brien 2760 Central, objecting to the DUBUQUE, IOWA:
assessments for the reconstruction of White That the proposed Resolution of Necessity
Street, presented and read. Nicholson moved described above is hereby:
that the proofs and communications be received Adopted, without amendment, and all objections
and filed. Seconded by Buol. Motion carried 6-0. filed or made having been dully
considered are overruled.
RESOLUTION NO. 23-02
Adopted as amended by the Schedule of
RESOLUTION RESCINDING RESOLUTION
Assessments attached hereto as
NO. 554-01 AND ADOPTING IN LIEU
Exhibit A, and made a part hereof by
THEREOF A NEW SCHEDULE OF
reference. All objections filed or made
PRELIMINARY ASSESSMENTS FOR WHITE
having been duly considered are
STND
STREET RECONSTRUCTION – 21 TO 32
overruled.
STREET PROJECT
x Deferred for later consideration to a City
th
Whereas, the City Council passed Resolution Council meeting to be held on the 18
No. 554-01, dated December 17, 2001, day of February, 2002, next at 6:30
approving the Preliminary Schedule of p.m. in the Public Library Auditorium,
Assessments for the reconstruction of White with jurisdiction retained for further
stnd
Street – 21 to 32 Street; and consideration and action at the
Whereas, it has been determined that the adjourned meeting.
Schedule of Assessments contained calculation Abandoned.
st
errors which need to be corrected. Passed, adopted and approved this 21 day of
NOW, THEREFORE, BE IT RESOLVED BY January, 2002.
THE CITY COUNCIL OF THE CITY OF Ann E. Michalski, Mayor Pro-Tem
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
That the following Preliminary Schedule of Nicholson moved adoption with the Resolution
Proposed Assessments, as shown on the respect to the adoption of the Resolution of
attached sheets, 1 to 5 inclusive, are hereby Necessity proposed for the White Street
determined to be the Schedule of Proposed Reconstruction Project (with Option Three).
Assessments for the reconstruction of White Seconded by Buol. Motion carried 6-0.
stnd
Street – 21 to 32 Street and the valuations
set herein are hereby approved. 515 Garfield Avenue – Request to Rezone:
st
Passed, approved and adopted this 21 day of Proof of publication on notice of hearing to
January, 2002. consider rezoning property located at 515
Ann E. Michalski, Mayor Pro-Tem Garfield Avenue from R-2A Alternate Two-
Attest: Jeanne F. Schneider, City Clerk Family Residential District to OR Office
Nicholson moved adoption of the Resolution Residential District as requested by Scott Potter
Rescinding the preliminary schedule of and Zoning Advisory Commission
assessments and approving a revised recommending approval, presented and read.
preliminary schedule of assessments Seconded Markham moved that the proof and
by Buol. Motion carried 6-0. communication be received and filed. Seconded
by Cline. Motion carried 6-0.
RESOLUTION NO. 24-02
Scott Potter, 17121 Freund Rd., spoke in favor
RESOLUTION WITH RESPECT TO THE
of the proposed rezoning.
ADOPTION OF THE RESOLUTION OF
An Ordinance Amending Appendix A (the
NECESSITY PROPOSED FOR THE WHITE
Zoning Ordinance) of the City of Dubuque Code
STND
STREET RECONSTRUCTION – 21 TO 32
of Ordinances by reclassifying hereinafter
STREET
described property located at 515 Garfield
Whereas, the City Council has proposed a Avenue from R-2A Alternate Two-Family
Resolution of Necessity for the White Street Residential District to OR Office Residential
stnd
Reconstruction – 21 to 32 Street Project has District, presented and read.
given notice of the public hearing thereon as
OFFICIAL PUBLICATION
required by law; and
ORDINANCE NO. 2-02
Whereas, the public hearing has been held, all
AN ORDINANCE AMENDING APPENDIX A
persons offering objections have been heard
(THE ZONING ORDINANCE) OF THE CITY OF
and consideration given to all objections and is
DUBUQUE CODE OF ORDINANCES BY
pending before this Council; and
RECLASSIFYING HEREINAFTER DESCRI-
Regular Session, January 21, 2002 19
BED PROPERTY LOCATED AT 515 OFFICIAL PUBLICATION
GARFIELD AVENUE FROM R-2A ORDINANCE NO. 3-02
ALTERNATE TWO-FAMILY RESIDENTIAL AN ORDINANCE AMENDING APPENDIX A
DISTRICT TO OR OFFICE RESIDENTIAL. (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY
NOW, THEREFORE, BE IT ORDAINED BY
REPEALING SECTION 2(C)(2) OF
THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 15-99 AND ENACTING A
DUBUQUE, IOWA:
NEW SECTION 2(C)(2) IN LIEU THEREOF
Section 1. That Appendix A (the Zoning
PERTAINING TO ACCESS REQUIREMENTS
Ordinance) of the City of Dubuque Code of
OF THE PC PLANNED COMMERCIAL
Ordinances is hereby amended by reclassifying
DISTRICT FOR QHQ PROPERTIES.
the hereinafter-described property from R-2A
Alternate Two-Family Residential District to OR Whereas, Ordinance No. 15-99 was adopted
Office Residential District, to wit: Lot 1 of Lot 2 of on November 1, 1999, by the City Council
Lot 3 Mineral Lot 113A and Lot 1 of Lot 2 of Lot establishing the PC Planned Commercial District
2 Mineral Lot 113A, and to the centerline of the for QHQ Properties, and
adjoining public right-of-way, all in the City of Whereas, QHQ Properties, Inc. has requested
Dubuque, Iowa. an amendment to the PUD Ordinance regulating
Section 2. The foregoing amendment has access requirements in the PC Planned
heretofore been reviewed by the Zoning Commercial District for QHQ Properties.
Advisory Commission of the City of Dubuque, NOW, THEREFORE, BE IT ORDAINED BY
Iowa. THE CITY COUNCIL OF THE CITY OF
Section 3. This ordinance shall take effect DUBUQUE, IOWA:
immediately upon publication, as provided by Section 1. That Appendix A (the Zoning
law. Ordinance) is hereby amended by repealing
Passed, approved and adopted this 21st day Section 2(C)(2) of Ordinance No. 15-99 and
of January, 2002. enacting a new Section 2(C)(2) in lieu thereof,
Ann E. Michalski, Mayor Pro-Tem as follows:
Attest: Jeanne F. Schneider, City Clerk 2(C)(2) The first public street shall be
Published officially in the Telegraph Herald constructed concurrent with the development of
th
newspaper this 28 day of January, 2002. Lots 1, 2 and 3.
Jeanne F. Schneider, City Clerk Section 2. The foregoing amendment has
1t 1/28 heretofore been reviewed by the Zoning
Markham moved that the requirement that a Advisory Commission of the City of Dubuque,
proposed Ordinance be considered and voted Iowa.
on for passage at two Council Meetings prior to Section 3. This Ordinance shall take effect
the meeting at which it is to be finally passed be immediately upon publication as provided by
suspended and further moved final law.
consideration and passage of the Ordinance. Passed, approved and adopted this 21st day
Seconded by Cline. Motion carried 6-0. of January, 2002.
Ann E. Michalski, Mayor Pro-Tem
Holliday Drive – Request to Amend the Attest: Jeanne F. Schneider, City Clerk
Planned Unit Development: Proof of publication ACCEPTANCE OF ORDINANCE NO. 3-02
on notice of hearing to consider amending the I, Dr. Timothy Quagliano, representing QHQ
Planned Unit Development at the southwest Properties, property owner, having read the
corner of Asbury Road and Holliday Drive as terms and conditions of the Ordinance No. 003-
requested by A.J. Spiegel and Dr. Timothy 02 and being familiar with the conditions thereof,
Quagliano and Zoning Advisory Commission hereby accept this same and agree to the
recommending approval, presented and read. conditions required therein.
st
Buol moved that the proof and communication Dated this 21 day of January, 2002.
be received and filed. Seconded by Nicholson. /s/ Dr. Timothy Quagliano
Motion carried 6-0. Published officially in the Telegraph Herald
th
newspaper this 4 day of February, 2002.
An Ordinance Amending Appendix A (the Jeanne F. Schneider, City Clerk
Zoning Ordinance) of the City of Dubuque Code 1t 2/4
of Ordinances by repealing Section 2(C)(2) of Buol moved that the requirement that a
Ordinance No. 15-99 and enacting a new proposed Ordinance be considered and voted
Section 2(C)(2) in lieu thereof pertaining to on for passage at two Council Meetings prior to
access requirements of the PC Planned Unit the meeting at which it is to be finally passed be
Commercial District for QHQ Properties, suspended and further moved final
presented and read. consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
20 Regular Session, January 21, 2002
th
Dubuque Jaycees/Peosta Channel Trail Whereas, on the 12 day of December, 2001,
Project: Proofs of publication on notice of plans, specifications, form of contract and
hearing on plans and specifications and notice estimated cost were filed with the City Clerk of
to bidders on the receipt of bids, and City Dubuque, Iowa for the Port of Dubuque Utility
Manager recommending that the City proceed Relocation and Extension Project - Phase II.
with the project, presented and read. Nicholson Whereas, notice of hearing on plans,
moved that the proofs and communication be specifications, form of contract, and estimated
received and filed. Seconded by Cline. Motion cost was published as required by law.
carried 6-0. NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 25-02
DUBUQUE, IOWA:
RESOLUTION ADOPTING
That the said plans, specifications, form of
PLANS AND SPECIFICATIONS
contract and estimated cost are hereby
Whereas, on the 20th day of December, 2001, approved as the plans, specifications, form of
plans, specifications, form of contract and contract and estimated cost for said
estimated cost were filed with the City Clerk of improvements for said project.
st
Dubuque, Iowa for the Dubuque Jaycees/Peosta Passed, approved and adopted this 21 day of
Channel Trail Project. January, 2002.
Whereas, notice of hearing on plans, Ann E. Michalski, Mayor Pro-Tem
specifications, form of contract, and estimated Attest: Jeanne F. Schneider, City Clerk
cost was published as required by law. Markham moved adoption of the Resolution.
NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 6-0.
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 27-02
DUBUQUE, IOWA:
AWARDING CONTRACT
That the said plans, specifications, form of
contract and estimated cost are hereby Whereas, sealed proposals have been
approved as the plans, specifications, form of submitted by contractors for Port of Dubuque
contract and estimated cost for said Utility Relocation and Extension Project – Phase
improvements for said project. II, pursuant to Resolution No. 561-01 and notice
st
Passed, approved and adopted this 21 day of to bidders published in a newspaper published
st
January, 2002. in the City of Dubuque, Iowa on the 21 day of
Ann E. Michalski, Mayor Pro-Tem December, 2001.
Attest: Jeanne F. Schneider, City Clerk Whereas, said sealed proposals were opened
Nicholson moved adoption of the Resolution. and read on the 10th day of January, 2002, and
Seconded by Cline. Motion carried 6-0. it has been determined that the bid of Fischer
Excavating, Inc. of Freeport, Illinois, in the
Port of Dubuque Utility Relocation and amount of $908,591.98 was the lowest bid for
Extension Project: Proofs of publication on the furnishings of all labor and materials and
notice of hearing on plans and specifications performing the work as provided for in the plans
and notice to bidders on the receipt of bids, and and specifications.
City Manager recommending award of the NOW THEREFORE, BE IT RESOLVED BY
contract for the Port of Dubuque Utility THE CITY COUNCIL OF THE CITY OF
Relocation and Extension Project to Fischer DUBUQUE, IOWA:
Excavating, Inc., in the amount of $908,591.98, That the contract for the above improvement
presented and read. Markham moved that the be awarded to Fischer Excavating, Inc. and the
proofs and communication be received and filed. Manager be and is hereby directed to execute a
Seconded by Nicholson. Motion carried 6-0. contract on behalf of the City of Dubuque for the
Rod Tschiggfrie, 4105 Thunder Ridge Rd. of complete performance of the work.
Tschiggfrie Excavating Co., spoke of concerns BE IT FURTHER RESOLVED:
with the bid letting and stated clarification is That upon the signing of said contract and the
necessary in the bid specs and that the Vision approval of the contractor's bond, the City
Iowa Funds should be meant for Iowa. Treasurer is authorized and instructed to return
Wayne Fischer, of Fischer Excavating, spoke the bid deposits of the unsuccessful bidders.
st
stressing he is a responsible contractor, and that Passed, approved and adopted this 21 day of
their subcontractors are from Iowa. January, 2002.
City Manager Van Milligen spoke stating that Ann E. Michalski, Mayor Pro-Tem
no Vision Iowa money is being used in this Attest: Jeanne F. Schneider, City Clerk
project. Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 26-02
RESOLUTION ADOPTING
Watermain and Road Extension from
PLANS AND SPECIFICATIONS
Chavenelle Road at Radford Road to the
Regular Session, January 21, 2002 21
Industrial Park: Proof of publication on notice of Planned Unit Development District – Text
hearing to consider approving a proposed public Amendment: Proof of publication on notice of
improvement project to construct the Chavenelle hearing to consider an amendment to Section 3-
Road watermain extension and to acquire 5.5(B) Planned Unit Development of the City of
property for the extension of Chavenelle Road, Dubuque Code of Ordinances as requested by
and to acquire agricultural land for the project the City of Dubuque and Zoning Advisory
and City Manager recommending adoption of Commission recommending approval, presented
the resolution approving construction of the and read. Buol moved that the proof and
Chavenelle Road watermain extension and communication be received and filed. Seconded
acquisition of property for the extension through by Cline. Motion carried 6-0.
condemnation if necessary, presented and read.
Markham moved that the proof and An Ordinance Amending Appendix A (the
communication be received and filed. Seconded Zoning Ordinance) of the City of Dubuque Code
by Buol. Motion carried 6-0. of Ordinances by repealing Section 3-5.5(B) and
adopting a new Section 3-5.5(b) in lieu thereof
RESOLUTION NO. 28-02
pertaining to general requirements of Planned
RESOLUTION APPROVING A PUBLIC
Unit Developments, presented and read.
IMPROVEMENT PROJECT TO CONSTRUCT
THE CHAVENELLE ROAD WATERMAIN OFFICIAL PUBLICATION
EXTENSION, TO ACQUIRE PROPERTY FOR ORDINANCE NO. 4-02
THE EXTENSION OF CHAVENELLE ROAD, AN ORDINANCE AMENDING APPENDIX A
AND TO ACQUIRE AGRICULTURAL LAND (THE ZONING ORDINANCE) OF THE CITY OF
FOR THE PROJECT DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 3-5.5(B) AND
Whereas, the City Council of the City of
ADOPTING A NEW SECTION 3-5.5(B) IN LIEU
Dubuque has considered a proposed public
THEREOF PERTAINING TO GENERAL
improvement project to construct the Chavenelle
REQUIREMENTS OF PLANNED UNIT
Road Watermain Extension and to acquire
DEVELOPMENTS.
property for the extension of Chavenelle Road;
and Whereas, the City Council established the
Whereas, the proposed project may require Planned Unit Development (PUD) District to
the acquisition of agricultural land by encourage flexible and innovative design; and
condemnation; and Whereas, the City Council finds that requiring
Whereas, Iowa Code Chapter 6B requires the common ownership in a PUD is inconsistent with
City to set a time and place for a public hearing the general purpose of intent of this district.
on the proposed project and to provide notice to NOW, THEREFORE, BE IT ORDAINED BY
each owner of such agricultural land that may be THE CITY COUNCIL OF THE CITY OF
the subject of condemnation; and DUBUQUE, IOWA:
Whereas, a public hearing was held on Section 1. Appendix A (the Zoning Ordinance)
January 21, 2002, after notice thereto of the of the City of Dubuque Code of Ordinances is
owners of such land. hereby amended by repealing Section 3-5.5(B)
NOW THEREFORE, BE IT RESOLVED BY and adopting the following new Section 3-5.5(B)
THE COUNCIL OF THE CITY OF DUBUQUE, in lieu thereof:
General Requirements
IOWA: : A PUD may be
Section 1. The City Council hereby approves established on any parcel over two (2) acres for
the public improvement project to construct the residential, office, commercial or industrial
Chavenelle Road Watermain Extension and to development. A PUD is required for all
acquire land for the extension of Chavenelle department stores over sixty thousand (60,000)
Road through a portion of the NW ¼ SW ¼ Sec. square feet of building area, regional shopping
th
29 89N R2E 5 P.M. centers, all multi-family structures over twelve
Section 2. That the Corporation Counsel and (12) units per building, and for all new industrial
the City Manager are hereby authorized to parks and all new office parks. The City of
acquire the property for the construction of the Dubuque may request or require a PUD
project, including acquisition of the land by classification.
condemnation, if necessary. Such PUD district designation(s) shall be
st
Passed, approved and adopted this 21 day of shown on the official zoning map as a P followed
January, 2002. by a letter designating the primary use, C
Ann E. Michalski, Mayor Pro-Tem (Commercial), O (Office), I (Industrial) or R
Attest: Jeanne F. Schneider, City Clerk (Residential); therefore, showing a PR, PO, PI or
Markham moved adoption of the Resolution. PC designation.
Seconded by Buol. Motion carried 6-0. Section 2. This ordinance has heretofore been
reviewed by the Zoning Advisory Commission of
the City of Dubuque, Iowa.
22 Regular Session, January 21, 2002
HOUSING POWERS, DIVISION 1, MUNICIPAL
Section 3. This ordinance shall take effect
HOUSING AGENCY, SECTION 15-11,
immediately upon publication, as provided by
MUNICIPAL HOUSING AGENCY AND
law.
GOVERNING BOARD; AND BY REPEALING
Passed, approved and adopted this 21st day
SECTION 15-12, HOUSING PROGRAM
of January, 2002.
SUPERVISOR.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City ClerkNow, therefore, be it enacted by the City
Published officially in the Telegraph Herald Council of the City of Dubuque, Iowa, as follows:
th
newspaper this 28 day of January, 2002. Section 1. ARTICLE II, Division 1, Sections 15-
Jeanne F. Schneider, City Clerk 11 and 15-12 of Chapter 15 of the City of
1t 1/28 Dubuque Code of Ordinances, are hereby
Buol moved that the requirement that a repealed and the following new article, division
proposed Ordinance be considered and voted and sections are adopted:
on for passage at two Council Meetings prior to ARTICLE II. MUNICIPAL HOUSING POWERS
the meeting at which it is to be finally passed be DIVISION 1. MUNICIPAL HOUSING AGENCY
suspended and further moved final Sec. 15-11. Municipal housing agency and
consideration and passage of the Ordinance. governing board:
Seconded by Cline. Motion carried 6-0. (a) The City Council has determined it to be in
the public interest for the city to directly exercise
Buol moved that the rules be reinstated limiting its municipal housing powers under Iowa Code
discussion to the Council. Seconded by Cline. chapter 403A. The city is the designated
Motion carried 6-0. municipal housing agency for the city and shall
exercise all the powers as are provided for in
ACTION ITEMS Iowa Code chapter 403A. The governing body of
the municipal housing agency shall be the
Greater Dubuque Development Corporation: municipal housing governing board, referred to
Rick Dickinson, Executive Director of GDDC, to in this chapter as the "governing board",
present their quarterly report – this item consisting of the City Council and one member
removed from the Agenda. appointed as provided in paragraph (b). The
governing board shall comply with the
Housing Authority Governing Board: City procedural rules of the City Council and shall
Manager recommending approval of an have final jurisdiction over all matters of the
amendment to the Code of Ordinances to create municipal housing agency. The City Manager is
a municipal housing agency governing board for authorized to direct, administer, and manage the
administration of the City’s federal Section 8 agency through the Department of Housing and
rental assistance program, presented and read. Community Development.
Buol moved that the communication be received (b) The appointed member of the governing
and filed. Seconded by Markham. Motion carried board shall be the member of the Housing
6-0. Commission appointed pursuant to Section 15-
23(e).
An Ordinance Amending Chapter 15, (c) The Mayor shall preside at all meetings of
Community Development, of the City of the governing board and shall execute
Dubuque Code of Ordinances by repealing agreements, deeds and other documents as
Article II, Low-Rent Housing, Division I, Mayor of the City of Dubuque.
Generally, Section 15-11, Designation of Section. 2. This ordinance shall be in full force
Municipal Housing Agency and adopting a new and effect from and after its passage and
Article II Municipal Housing Powers, Division 1, publication as provided by law.
st
Municipal Housing Agency, Section 15-11 Passed, approved and adopted this 21 day of
Municipal Housing Agency and Governing January, 2002.
Board; and by repealing Section 15-12, Housing Ann E. Michalski, Mayor Pro-Team
Program Supervisor, presented and read. Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
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OFFICIAL PUBLICATION
newspaper this 28 day of January, 2002.
ORDINANCE NO. 5-02
Jeanne F. Schneider, City Clerk
AN ORDINANCE AMENDING CHAPTER 15,
1t 1/28
COMMUNITY DEVELOPMENT, OF THE CITY
Buol moved that the requirement that a
OF DUBUQUE CODE OF ORDINANCES BY
proposed Ordinance be considered and voted
REPEALING ARTICLE II, LOW-RENT
on for passage at two Council Meetings prior to
HOUSING, DIVISION I, GENERALLY,
the meeting at which it is to be finally passed be
SECTION 15-11, DESIGNATION OF
suspended and further moved final
MUNICIPAL HOUSING AGENCY, AND
consideration and passage of the Ordinance.
ADOPTING A NEW ARTICLE II MUNICIPAL
Seconded by Markham. Motion carried 6-0.
Regular Session, January 21, 2002 23
and filed and approved the appointment.
Comprehensive Annual Financial Report Seconded by Connors. Motion carried 6-0.
(CAFR): City Manager submitting the Fiscal Iowa League of Cities: Communication from
Year 2001 Comprehensive Annual Financial Iowa League of Cities appointing Council
Report (CAFR), Parking Facilities Financial Member Patricia Cline to serve as one of Iowa’s
Statements, Management Letter and Response representatives on the Public Safety and Crime
to Management Letter, presented and read. Prevention Policy Committee, presented and
Cline moved that the communication be read. Buol moved that the communication be
received and filed. Seconded by Buol. Motion received and filed and approved the
carried 5-0 with Nicholson temporarily out of the appointment. Seconded by Connors. Motion
Chambers. carried 6-0.
Sunset Ridge: Communication from Douglas Rail Feasibility Study: City Manager
Henry requesting that Sunset Ridge be declared recommending that a portion of Fiscal Year
a public street and related correspondence, 2002 funds programmed by Keyline Transit as
presented and read. the local match for trolley vehicles be redirected
th
Attorney Doug Henry, 151 W. 8 St., speaking as the matching funds for the Rail Feasibility
on behalf of several property owners, requested Study, which has been approved for funding by
that this street be declared a public City street. Congress, presented and read. Cline moved that
Cline moved to receive and file the the communication be received and filed and
communication. Seconded by Nicholson. Motion approved the recommendation. Seconded by
passed 6-0. Nicholson. Motion carried 6-0.
Markham moved that Sunset Ridge be
accepted as a public street and incorporated Fiscal Year 2003 Operating Budget and
within the City. Seconded by Buol. Vote on the Capital Improvement Program: City Manager
motion was as follows: Yeas–Buol, Markham. presenting the Fiscal Year 2003 Operating
Nays–Cline, Connors, Michalski, Nicholson. Budget and Capital Improvement Program,
Motion Failed. presented and read. Cline moved that the
Nicholson moved to direct Corporation communication be received and filed. Seconded
Counsel to negotiate a fifty/fifty split of by Nicholson. Motion carried 6-0.
reconstruction cost with property owners if the
City were to accept the street as a public street COUNCIL MEMBER REPORTS
and if this was not successful, to take the matter
to District Court for a decision. Motion died due Markham requested an update on the hiring of
to lack of a second. a Library Director.
Cline moved to refer the matter to staff. Motion
died due to lack of a second. ITEMS TO BE SET FOR PUBLIC HEARING
Markham moved to table the matter.
Seconded by Buol. Vote on the motion was as Bond Sale to Support Main Street
follows: Yeas--Buol, Cline, Connors, Michalski, Reconstruction Project: City Manager
Markham. Nays–Nicholson. Motion passed 5-1. recommending that a public hearing be set for
Monday, February 4, 2002 to consider the sale
Way-Finding Signage: City Manager of $1,000,000 General Obligation Bonds, Series
recommending approval of the Way-Finding 2002, presented and read. Buol moved that the
Signage Task Force recommendations with communication be received and filed. Seconded
modifications, presented and read. Nicholson by Nicholson. Motion carried 6-0.
moved that the communication be received and
RESOLUTION NO. 29-02
filed and recommended approval of the Task
RESOLUTION FIXING DATE FOR A MEETING
Force’s recommendation as to the “Grandview
ON THE PROPOSITION OF THE ISSUANCE
District” rather than the alternate “College
OF NOT TO EXCEED $1,000,000 GENERAL
District.” Seconded by Buol. Carried by the
OBLIGATION BONDS (FOR AN ESSENTIAL
following vote: Yeas--Connors, Markham,
CORPORATE PURPOSE) OF DUBUQUE,
Michalski, Nicholson, Buol. Nays--Cline.
IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
National League of Cities: Communication
from the National League of Cities appointing Whereas, it is deemed necessary and advisable
Council Member Dan Nicholson to the 2002 that the City of Dubuque, Iowa, should issue
Information Technology and Communications General Obligation Bonds to the amount of not
Steering Committee and requesting that he to exceed $1,000,000 as authorized by Section
accept the appointment, presented and read. 384.25 of the City Code of Iowa, for the purpose
Buol moved that the communication be received of providing funds to pay costs of carrying out an
24 Regular Session, January 21, 2002
essential corporate purpose project as considered, the Council will at this meeting or at
hereinafter described; and any adjournment thereof, take additional action
Whereas, before said bonds may be issued, it for the issuance of said bonds or will abandon
is necessary to comply with the provisions of the proposal to issue said bonds.
said Code, and to publish a notice of the This notice is given by order of the Council of
proposal to issue such bonds and of the time Dubuque, Iowa, as provided by Section 384.25
and place of the meeting at which the Council of the City Code of Iowa.
st
proposes to take action for the issuance of the Dated this 21 day of January, 2002.
bonds and to receive oral and/or written /s/ Jeanne F. Schneider, City Clerk of Dubuque,
objections from any resident or property owner Iowa
of said City to such action. (End of Notice)
st
NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 21 day of
THE COUNCIL OF THE CITY OF DUBUQUE, January, 2002.
IOWA: Ann E. Michalski, Mayor Pro-Tem
Section 1. That this Council meet in the Attest: Jeanne F. Schneider, City Clerk
Auditorium, Carnegie Stout Public Library, Buol moved adoption of the Resolution and
st
Dubuque Iowa, at 6:30 o’clock P.M. on the 21 further set this for Public Hearing on 2/4/02 at
day of January, 2002, for the purpose of taking 6:30 P.M. in the public library auditorium and
action on the matter of the issuance of not to that the City Clerk publish notice in the manner
exceed $1,000,000 General Obligation Bonds prescribed by law.. Seconded by Nicholson.
for an essential corporate purpose of said City, Motion carried 6-0.
the proceeds of which bonds will be used to
provide funds to pay costs of construction and Downtown Urban Renewal: City Manager
reconstruction of street, sidewalk, utility and recommending adoption of a Resolution of
streetscape improvements relating to the Necessity finding that an Amendment to the
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opening of Main Street from 5 to 9 Streets. Urban Renewal Plan for the Downtown Urban
Section 2. That the Clerk is hereby directed to Renewal District is necessary and setting a
cause at least one publication to be made of a public hearing for April 1, 2002, presented and
notice of said meeting, in a legal newspaper, read. Buol moved that the communication be
printed wholly in the English language, received and filed. Seconded by Nicholson.
published at least once weekly and having Motion carried 6-0.
general circulation in said City, said publication
RESOLUTION NO. 30-02
to be not less than four clear days nor more than
A RESOLUTION OF NECESSITY FINDING
twenty days before the date of said public
THAT THE EXPANSION OF THE DOWNTOWN
meeting on the issuance of said bonds.
DUBUQUE URBAN RENEWAL DISTRICT IS
Section 3. The notice of the proposed action to
AN AREA MEETING THE DEFINITIONS OF
issue said bonds shall be in substantially the
BLIGHT AND ECONOMIC DEVELOPMENT
following form:
AND THAT DEVELOPMENT OF SAID AREA
NOTICE OF MEETING OF THE COUNCIL OF
IS NECESSARY IN THE INTEREST OF THE
THE CITY OF DUBUQUE, IOWA, ON THE
RESIDENTS OF THE CITY OF DUBUQUE,
MATTER OF THE PROPOSED ISSUANCE OF
IOWA.
NOT TO EXCEED $1,000,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL Whereas, the City Council of the City of
CORPORATE PURPOSE) OF SAID CITY, AND Dubuque has determined that the further
THE HEARING ON THE ISSUANCE THEREOF expansion of the Downtown Dubuque Urban
PUBLIC NOTICE is hereby given that the Renewal District will provide redevelopment
Council of the City of Dubuque, Iowa, will hold a opportunities which will further the purposes and
th
public hearing on the 4 day of February, 2002, objectives of the Downtown Dubuque Urban
at 6:30 o’clock P.M. in the Auditorium, Carnegie Renewal Plan; and
Stout Public Library, Dubuque, Iowa, at which Whereas, the City Council has found that the
meeting the Council proposes to take additional proposed expansion area meets the definition of
action for the issuance of not to exceed an economic development area as found in
$1,000,000 General Obligation Bonds for an Chapter 403 "Urban Renewal" of the Iowa Code;
essential corporate purpose of said City, in order and
to provide funds to pay costs of construction and Whereas, Chapter 403 of the Iowa Code
reconstruction of street, sidewalk, utility and requires that before urban renewal authority may
streetscape improvements relating to the be exercised, a City Council must adopt a
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opening of Main Street from 5 to 9 Streets. resolution of necessity finding that the area in
At the above meeting the Council shall receive question is a slum, blighted or economic
oral or written objections from any resident or development area, and that so designating such
property owner of said City, to the above action. area is necessary in the interest of the public
After all objections have been received and
Regular Session, January 21, 2002 25
health, safety or welfare of the residents of the Attest: Jeanne F. Schneider, City Clerk
municipality. Buol moved adoption of the Resolution and
NOW, THEREFORE, BE IT RESOLVED BY further set this for Public Hearing on 4/1/02 at
THE CITY COUNCIL OF THE CITY OF 6:30 P.M. in the public library auditorium and
DUBUQUE, IOWA: that the City Clerk publish notice in the manner
Section 1. That the following described area, prescribed by law. Seconded by Nicholson.
which is proposed to be added to the Downtown Motion carried 6-0.
Dubuque Urban Renewal District, is an
economic development area as defined by Rezoning Request of Dennis and Lori Ansel:
Chapter 403 of the Iowa Code and is City Manager recommending that the public
appropriate for an urban renewal project, to wit: hearing to consider the rezoning request of
Commencing as a point of reference at the Dennis and Lori Ansel, which was tabled on
th
intersection of the centerline of 9 Street with October 16, 2000, be reset for hearing on
Locust Street, said point being the point of February 4, 2002, presented and read. Buol
beginning: thence northwesterly along the moved that the communication be received and
centerline of Locust Street to the centerline of filed and set this for Public Hearing on 2/4/02 at
th
14 Street; thence northeasterly along the 6:30 P.M. in the public library auditorium and
th
centerline of 14 Street to the centerline of that the City Clerk publish notice in the manner
Central Avenue; thence southeasterly along the prescribed by law. Seconded by Nicholson.
centerline of Central Avenue to the centerline of Motion carried 6-0.
th
10 Street; thence southwesterly along the
northerly boundary of the existing Downtown Hazard Mitigation Plan Task Force: City
Dubuque Urban Renewal District to the point of Manager recommending that a public hearing be
beginning, containing 30 acres more or less, all set for February 4, 2002 to consider the City’s
located in Section 25, Township 89 North, Hazard Mitigation Plan as developed by the
Range 2 East, 5th P.M., Dubuque County, Iowa Hazard Mitigation Plan Task Force, presented
and including any adjoining public right-of-way and read. Buol moved that the communication
(hereinafter, the "Expansion Area"). be received and filed and set for Public Hearing
Section 2. That the development of the on 2/4/02 at 6:30 P.M. in the public library
Expansion Area is necessary and appropriate to auditorium and that the City Clerk publish notice
facilitate the proper growth and development of in the manner prescribed by law. Seconded by
the community in accordance with sound Nicholson. Motion carried 6-0.
planning and local community objectives.
Section 3. That the City Manager is authorized Cottingham and Butler - Irrevocable License:
and directed to prepare an Amended and City Manager recommending that a public
Restated Urban Renewal Plan for the Downtown hearing be set for February 4, 2002 to consider
Dubuque Urban Renewal District, to forward disposing of City-owned property to Cottingham
said Plan to the City's Long Range Planning and Butler to construct an underground tunnel in
Commission for review and comment and to the public right-of-way from their current building
begin the consultation process required by law to their buildings at 823 and 835 Main Street,
with affected taxing entities. presented and read. Buol moved that the
Section 4. That the City Clerk is directed to communication be received and filed. Seconded
publish notice of a public hearing on the by Nicholson. Motion carried 6-0.
adoption of an Amended and Restated Urban
RESOLUTION NO. 31-02
Renewal Plan for the Downtown Dubuque Urban
RESOLUTION OF INTENT TO DISPOSE OF
Renewal District to be held on April 1, 2002 at
CITY INTEREST IN A PORTION OF MAIN
6:30 p.m. in the Carnegie-Stout Public Library
THTH
STREET BETWEEN 8 & 9 STREETS IN
Auditorium, 11th and Bluff Streets, Dubuque,
THE CITY OF DUBUQUE, IOWA
Iowa 52001 and that said notice shall generally
identify the area covered by the Amended and Whereas, Cottingham & Butler, Inc. desires to
Restated Plan and the general scope of the construct an underground tunnel between its two
th
Amended and Restated Plan and the activities building locations from 151 West 8 Street to
planned for such areas. 823 and 835 Main Street; and
Section 5. That the City Clerk is further Whereas, plans have been submitted to the
directed to send by ordinary mail a copy of said City by Straka-Johnson Architects, PC, and
notice of public hearing to the Dubuque have been approved by the Building Services
Community School District, the County Board of Department and the City Engineering Division;
Supervisors and the Northeast Iowa Community and
College, as the affected taxing entities. Whereas, the City Council of the City of
st
Passed, approved and adopted this 21day of Dubuque, Iowa, has determined that this
January, 2002. underground portion of Main Street is not
Ann E. Michalski, Mayor Pro-Tem required for public use, and the request for an
26 Regular Session, January 21, 2002
easement for construction of said tunnel should
be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Approved:__________________________2002
Section 1. That the City of Dubuque, Iowa,
intends to issue a permanent easement to Adopted:___________________________2002
Cottingham & Butler, Inc. for the construction of
a new tunnel under Main Street, from 151 West
th
8 Street to 823 and 835 Main Street. ______________________________________
Section 2. That the conveyance of the Mayor
easement to Cottingham & Butler, Inc. be
contingent upon the payment of one dollar ______________________________________
($1.00), plus platting, publication, and filing fees.
Section 3. That the City of Dubuque reserves ______________________________________
unto itself the perpetual right for the purpose of
erecting, installing, constructing, reconstructing, ______________________________________
maintaining, repairing, owning, operating and
repairing water, sewer, drainage, gas, ______________________________________
telephone, t.v., cable, and electrical lines above
or below said tunnel as such utilities may be ______________________________________
authorized by the City of Dubuque and as would
not interfere with the existence of the tunnel. ______________________________________
Section 4. That the City Clerk be and is hereby Council Members
authorized and directed to cause a Notice of
Intent to dispose of said real estate by Attest:
Irrevocable License to be published in the
manner as described by law. ______________________________________
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Passed, approved and adopted this 21 day of City Clerk
January, 2002.
Ann E. Michalski, Mayor Pro Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further set this for Public Hearing on 2/4/02 at
6:30 P.M. in the public library auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Nicholson.
Motion carried 6-0.
PUBLIC INPUT
Richard Kieffer, 2260 White St., spoke of
difficulty getting through the non-emergency
phone numbers at the Dispatch Center.
There being no further business, Buol moved
to adjourn. Seconded by Cline. Motion carried 6-
0. The meeting adjourned at 9:04.
/s/ Jeanne F. Schneider
City Clerk
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