2002 March Council Proceedings Special Session, March 4, 2002 79
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, March 4, 2002
Approved:__________________________2002
Council met for Dinner at 5:00 P.M. in the
Second Floor Library Rotunda.
Adopted:___________________________2002
Council met in Special Session at 5:30 P.M. in
the Third Floor Library Auditorium
Present: Mayor Duggan, Council Members
______________________________________
Buol, Cline, Connors, Markham, Michalski,
Mayor
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
______________________________________
Mayor Duggan read the call and stated this is
______________________________________
the special session of the City Council called for
the purpose of receiving an update on the
______________________________________
Conference and Education Center.
______________________________________
Jim Swords, David Grice and Beth Harmon-
Balm from HOK Venue, Steve Ulstad, Architect,
______________________________________
and Jim Kolf, Project Manager, were in
attendance.
______________________________________
Council Members
David Grice spoke and visually walked through
the interior and exterior of the proposed building,
Attest:
including wall and floor colors and coverings.
Council expressed concern regarding the
______________________________________
carpet for the ballroom.
City Clerk
Council Member Michalski stressed meeting
the new ADA standards for handicapped
parking.
By consensus, Council gave approval on the
proposed design of the Conference and
Education Center Building, with the exception of
the final interior package.
There being no further business, Buol moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 6:25 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
80 Regular Session, March 4, 2002
DUBUQUE
Gross for personal injury/vehicle damage,
presented and read. Buol moved that the
CITY COUNCIL
communication be received and filed and
OFFICIAL
concurred. Seconded by Markham. Motion
PROCEEDINGS
carried 7-0.
City Council, Regular Session, March 4, 2002
Corporation Counsel recommending
Council met in Regular Session at 6:30 P.M. in
settlement of the claim of Randy Rath for vehicle
the Third Floor Library Auditorium
damage in the amount of $662.10 and that the
Present: Mayor Duggan, Council Members
Finance Director issue payment, presented and
Buol, Cline, Connors, Markham, Michalski,
read. Buol moved that the communication be
Nicholson, City Manager Michael Van Milligen,
received and filed and concurred and Finance
Corporation Counsel Barry Lindahl.
Director to issue payment. Seconded by
Markham. Motion carried 7-0.
Mayor Duggan read the call and stated this is
the regular session of the City Council called for
Corporation Counsel recommending that the
the purpose of acting upon such business which
claim of L & I Building Company for loss of
may properly come before the Council.
revenue be forwarded to Portzen Construction,
Inc. for further processing, presented and read.
Invocation was given by Pastor Tim Jeske of
Buol moved that the communication be received
the Dubuque Bible Church.
and filed and concurred. Seconded by
Markham. Motion carried 7-0.
Tom Berger, Mike Elliott and Al Wessels of the
Dubuque County Firefighters Association gave a
Citizen Communications:
Certificate of Appreciation to the City for the
contribution to their truck fund.
Communication from John Schreiber regarding
the cable service rate increase, presented and
CONSENT ITEMS
read. Buol moved that the communication be
received and filed and referred to the City
Minutes Submitted: City Council of 2/4, 2/6,
Manager. Seconded by Markham. Motion
2/14, 2/18, 2/20, 2/21 and 2/25; Civil Service of
carried 7-0.
2/3; Five Flags of 1/14; Library Board of 11/29
and 12/20; Plumbing Board of 2/14, presented
Communication of residents on Oak Street
and read. Buol moved that the minutes be
regarding the constant flow of dump trucks
received and filed. Seconded by Markham.
disposing of their loads on the end of Oak
Motion carried 7-0.
Street, presented and read. Buol moved that
the communication be received and filed and
Proofs of publication of City Council Official
referred to the City Manager. Seconded by
Proceedings for 2/4, 2/6 and 2/14, presented
Markham. Motion carried 7-0.
and read. Buol moved that the proofs be
received and filed. Seconded by Markham.
Legislative Correspondence: Communication
Motion carried 7-0.
of City Manager to State Representative George
Eichhorn requesting support of HF 2290
Notice of Claims/Suits: Christine M. Gross in
regarding the tax rate at the Dubuque
estimated amount of $2,059 for vehicle damage;
Greyhound Park & Casino, presented and read.
Christine Kuhle in estimated amount of $179.55
Buol moved that the communication be received
for vehicle damage; John Noel in undetermined
and filed. Seconded by Markham. Motion
amount for property damage; Bernard Weber in
carried 7-0.
estimated amount of $12.99 for property
damage; Lois Wubben in estimated amount of
America’s River – EDI Special Purpose
$88.37 for vehicle damage; James VanVors in
Grant: City Manager recommending approval of
undetermined amount for personal injury;
the submission of an Economic Development
Jennifer Ziegler in estimated amount of $375.00
Initiative (EDI) Special Project Grant application
for personal injury, presented and read. Buol
to the U.S. Department of Housing and Urban
moved that the claims and suits be referred to
Development for the America’s River Museum
the Legal Staff for investigation and report.
on behalf of the Dubuque County Historical
Seconded by Markham. Motion carried 7-0.
Society, presented and read. Buol moved that
the communication be received and filed.
Corporation Counsel advising that the
Seconded by Markham. Motion carried 7-0.
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Christine
Regular Session, March 4, 2002 81
RESOLUTION NO. 99-02
State Historical Society of Iowa:
A RESOLUTION AUTHORIZING THE FILING
Communication from the State Historical Society
OF AN ECONOMIC DEVELOPMENT
of Iowa advising that the former Dubuque Young
INITIATIVE (EDI) SPECIAL PROJECT
Men’s Christian Association Building at 125
APPLICATION FOR THE AMERICA’S RIVER
West Ninth Street has been listed in the National
MUSEUM ON BEHALF OF THE DUBUQUE
Register of Historic Places, presented and read.
COUNTY HISTORICAL SOCIETY
Buol moved that the communication be received
Whereas, Congress has directed the U.S. and filed. Seconded by Markham. Motion
Department of Housing and Urban Development carried 7-0.
to provide funding from the Economic
Development Initiative (EDI) account for EDI Mediacom: Communication from Kathy
Special projects, and: McMullen, Area Manager of Mediacom,
Whereas, the U.S. Department of Housing and regarding the discontinuation of high-speed
Urban Development has provided EDI Special Internet service to subscribers, presented and
project funding of $1,000,000 for the City of read. Buol moved that the communication be
Dubuque for work associated with the received and filed. Seconded by Markham.
development of the America’s River Museum; Motion carried 7-0.
and
Whereas, the Dubuque County Historical Key City Investment Company: Corporation
Society will be the entity responsible for Counsel submitting a Stipulation of Settlement of
completing said project; and a tax assessment appeal for property owned by
Whereas, said EDI Special project requires an Key City Investment Company located at 75
application and supporting documents to be John F. Kennedy Road, presented and read.
submitted to the U.S. Department of Housing Buol moved that the communication be received
and Urban Development; and filed. Seconded by Markham. Motion
NOW THEREFORE, BE IT RESOLVED BY carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Iowa League of Cities: Communication from
Section 1. That the filing of an application for the Iowa League of Cities advising that the City
the Economic Development Initiative (EDI) of Dubuque was not selected to host the 2005 or
Special Project for the America’s River Museum 2006 Iowa League of Cities Annual Conference
is approved. and Exhibit and soliciting a bid for the 2007
Section 2. That the Mayor is hereby authorized Annual Conference, presented and read. Buol
and directed to execute and submit said moved that the communication be received and
application to the U. S. Department of Housing filed. Seconded by Markham. Motion carried 7-
and Urban Development together with such 0.
documents as may be required.
th
Passed, approved and adopted this 4 day of Plat of Survey – Cypress, Wall and
March 2002. Washington Streets and Adjacent Alleys: City
Terrance M. Duggan, Mayor Manager recommending approval of the plat of
Attest: Jeanne F. Schneider, CMC, City Clerksurvey of Cypress, Wall and Washington Streets
Buol moved adoption of the Resolution. and adjacent alleys in response to a State
Seconded by Markham. Motion carried 7-0. requirement, presented and read. Buol moved
that the communication be received and filed.
Iowa Department of Transportation: Seconded by Markham. Motion carried 7-0.
Communication from the Iowa Department of
RESOLUTION NO. 100-02
Transportation advising that the State proposes
RESOLUTION APPROVING PLAT OF
to let a U.S. 20 bridge deck joint repair project
SURVEY OF A PORTION OF CYPRESS,
on the bridge between Dubuque and East
WALL, AND WASHINGTON STREET AND
Dubuque, presented and read. Buol moved that
ADJACENT ALLEYS
the communication be received and filed.
Seconded by Markham. Motion carried 7-0. Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
Communication from the Iowa Department of dated February 12, 2002, prepared by WHKS &
Transportation advising of 2002 Public Input Company, describing the retracement of
Meetings around the State, presented and read. Cypress Street, Wall Street, Washington Street
Buol moved that the communication be received and adjacent alleys between the northeasterly
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and filed. Seconded by Markham. Motion carried line of 6 Street and the northwesterly line of
7-0. Market Street and the southeasterly right-of-way
line of the Canadian National Illinois Central
Railroad.
82 Regular Session, March 4, 2002
Whereas, said plat conforms to the laws and Whereas, the contract for the 2000 Curb Ramp
statutes pertaining thereto. Installation - CDBG Project has been completed
NOW, THEREFORE, BE IT RESOLVED BY and the City Engineer has submitted his final
THE CITY COUNCIL OF THE CITY OF estimate showing the cost thereof including the
DUBUQUE, IOWA: cost of estimates, notices and inspection and all
Section 1. That the plat dated February 12, miscellaneous costs.
2002, prepared by WHKS & Company, relative NOW THEREFORE, BE IT RESOLVED BY
to the real estate hereinabove described be and THE CITY COUNCIL OF THE CITY OF
the same is hereby approved, and the Mayor DUBUQUE, IOWA:
and City Clerk be and they are hereby Section 1. That the cost of said improvements
authorized and directed to execute said plat and is hereby determined to be $35,209.74 and the
on behalf of the City of Dubuque, Iowa. said amount shall be paid from the Fiscal Year
Section 2. That the City Clerk be and is hereby 2001 Community Development Block Grant
authorized and directed to file said plat and Funds of the City of Dubuque, Iowa.
th
certified copy of this resolution in the office of Passed, approved and adopted this 4 day of
the Recorder, in and for Dubuque County, Iowa. March, 2002.
th
Passed, approved and adopted this 4 day of Terrance M. Duggan, Mayor
March, 2002. Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Markham. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Salina Street Reconstruction – Acceptance:
City Manager recommending acceptance of the
2000 Curb Ramp Installation – CDBG – Salina Street Reconstruction Project in the final
Acceptance: City Manager recommending contract amount of $511,108.97, presented and
acceptance of the 2000 Curb Ramp Installation read. Buol moved that the communication be
– CDBG Project in the final contract amount of received and filed. Seconded by Markham.
$32,906.30, presented and read. Buol moved Motion carried 7-0.
that the communication be received and filed.
RESOLUTION NO. 103-02
Seconded by Markham. Motion carried 7-0.
ACCEPTING IMPROVEMENT
RESOLUTION NO. 101-02
Whereas, the contract for the Salina Street
ACCEPTING IMPROVEMENT
Reconstruction Project has been completed and
Whereas, the contract for the 2000 Curb Ramp the City Manager has examined the work and
Installation - CDBG Project has been completed filed his certificate stating that the same has
and the City Manager has examined the work been completed according to the terms of the
and filed his certificate stating that the same has contract, plans and specifications and
been completed according to the terms of the recommends its 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 2000 Street
Treasurer be and he is hereby directed to pay to Construction Fund in amount equal to the
the contractor from the Fiscal Year 2001 amount of this contract, less any retained
Community Development Block Grant Funds in percentage provided for therein.
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amount equal to the amount of this contract, less Passed, approved and adopted this 4 day of
any retained percentage provided for therein. March, 2002.
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Passed, approved and adopted this 4 day of Terrance M. Duggan, Mayor
March, 2002. Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Markham. Motion carried 7-0.
Buol moved adoption of the Resolution.
RESOLUTION NO. 104-02
Seconded by Markham. Motion carried 7-0.
FINAL ESTIMATE
RESOLUTION NO. 102-02
Whereas, the contract for the Salina Street
FINAL ESTIMATE
Reconstruction Project has been completed and
Regular Session, March 4, 2002 83
the City Engineer has submitted his final That the City Clerk be and is hereby directed
estimate showing the cost thereof including the to certify said schedule to theCounty Treasurer
cost of estimates, notices and inspection and all of Dubuque County, Iowa, and to publish notice
miscellaneous costs. of said certification once each week for two
NOW THEREFORE, BE IT RESOLVED BY consecutive weeks in the manner provided in
THE CITY COUNCIL OF THE CITY OF Section 362.3, the first publication of which shall
DUBUQUE, IOWA: be not more than fifteen days from the date of
Section 1. That the cost of said improvement is filing of the final schedule. On or before the date
hereby determined to be $511,108.97. of the second publication of the notice, the City
Section 2. That $75,273.58 of the cost thereof Clerk shall also mail a copy of said notice to
shall be assessable upon private property and property owners whose property is subject to
$435,835.37 shall be paid from the Fiscal Year assessment, as provided and directed in Section
2002 Street Construction Fund. 384.60 of the Code of Iowa.
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Passed, approved and adopted this 4 day of That assessments may be paid in full or in part
March, 2002. without interest at the office of the County
Terrance M. Duggan, Mayor Treasurer, at any time within 30 days after the
Attest: Jeanne F. Schneider, City Clerk date of the first publication of this notice of the
Buol moved adoption of the Resolution. filing of the final schedule of assessments with
Seconded by Markham. Motion carried 7-0. the County Treasurer. After 30 days unpaid
assessments of $50.00 or more are payable in
RESOLUTION NO. 105-02
10 annual installments and will draw annual
A RESOLUTION ADOPTING THE FINAL
interest at nine (9) percent (commencing on the
ASSESSMENT SCHEDULE FOR THE SALINA
date of acceptance of the work) computed to the
STREET RECONSTRUCTION PROJECT
December 1 next following the due dates of the
INCLUDING CERTAIN INFORMATION
respective installments as provided in Section
REQUIRED BY THE CODE OF IOWA,
384.65 of the Code of Iowa. Each installment
SPECIFICALLY, THE NUMBER OF ANNUAL
will be delinquent from October 1 following its
INSTALLMENTS INTO WHICH ASSESS-
due date on July 1 of each year. Property
MENTS ARE DIVIDED, THE INTEREST ON
owners may elect to pay any annual installments
ALL UNPAID INSTALLMENTS, THE TIME
semiannually in advance.
th
WHEN THE ASSESSMENTS ARE PAYABLE
Passed, approved and adopted this 4 day of
AND DIRECTING THE CLERK TO CERTIFY
March, 2002.
THE FINAL SCHEDULE AND TO PUBLISH
Terrance M. Duggan, Mayor
NOTICE THEREOF.
Attest: Jeanne F. Schneider, City Clerk
NOW THEREFORE, BE IT RESOLVED BY CITY OF DUBUQUE, IOWA
THE CITY COUNCIL OF THE CITY OF SALINA STREET
DUBUQUE, IOWA: (RAILROAD AVE. TO NORTH END)
That after full consideration of the final FINAL SCHEDULE OF VALUATION AND
schedule of assessments and accompanying ASSESSMENTS
plat showing the assessments proposed to be The following schedule is hereby determined
made for the Salina Street Reconstruction to show each lot proposed to be assessed for
Project under contract with Portzen the improvement shown in the title together with
Construction, Inc. of Dubuque, Iowa, which final the amount proposed to be assessed against
plat and schedule were filed in the office of the each lot and the valuations shown opposite each
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City Clerk on the 27 day of February, 2002, the lot are hereby fixed as the true valuations of
said schedule of assessments be and the same such lots by the City Council of the City of
is hereby approved and adopted. Dubuque.
That there be, and is hereby assessed and OWNER LOT DESCRIPTION PARCEL NO.
levied as a special tax against and upon each of ASSESSMENT TOTAL NET ASSESSMENT
the lots, the respective sums indicated. Industrial Sub #1
Provided, further, that the amounts shown in L & I Building Company c/o L.R. Weber Block
said final schedule of assessments as A 10-25-480-001 $11,050.02
deficiencies are found to be proper and levied Harrison Street Place
conditionally against the respective properties M & S Leasing LC 2-2 10-25-480-001
benefited by the improvements as shown in the $7,475.02
schedule, subject to the provisions of Section M & S Leasing LC 1-2 10-25-480-001
384.63 of the Code of Iowa. Said assessments $2,791.46
against said lots are hereby declared to be in M & S Leasing LC 1 10-25-478-007
proportion to the special benefits conferred and $2,726.46
not in excess of twenty-five percent of the value M & S Leasing LC Pt. Charter Street (VAC)
of same. Between E. Line of Harrison St. & W. Line of
Salina St. 10-25-478-006
84 Regular Session, March 4, 2002
Industrial Sub #1 project, presented and read. Buol moved that
M & S Leasing LC 4-BLK "C"; 10-25-478-006 the communication be received and filed.
$14,768.96 Seconded by Markham. Motion carried 7-0.
M & S Leasing LC 1-3 BLK "C" 10-25-478-006
RESOLUTION NO. 106-02
Shields, James H. R.R. Tracks Running
APPROVING A 28E AGREEMENT WITH
Between 1-2-3 C 10-25-432-012 & 2-2-3 C of
DUBUQUE COUNTY, IOWA FOR LOAN
Ind. Sub #1 Deficiency Assessment: $345.34
FUNDS FOR FIBER OPTIC CABLE
Gross Assessment: $460.46 Total Net
RELOCATION
Assessment: $115.12
Dubuque Harbor Company's Add. Whereas, it is in the interest of the City of
Freedom Inc. 2-1-12- BKL. 13 10-25-433-002 Dubuque and the County of Dubuque to
$5,969.91 facilitate immediate construction work involving
Freedom Inc. 11-BLK. 13 10-25-433-002 improvements and rerouting of parts of the
Freedom Inc. 10-BLK. 13 10-25-433-002 existing City-owned fiber optic cable system
Freedom Inc. 9-BLK. 13 10-25-433-003 providing communication services to downtown
$8,193.30 public facilities, including the County’s jail
Freedom Inc. 8-BLK. 13 10-25-433-003 expansion project currently underway; and
Freedom Inc. 7-BLK. 13 10-25-433-003 And whereas, to allow the proposed work to
Crescent Realty Corp All Block 20 10-25-479- proceed and to accommodate budget
001 $12,270.28restrictions, the County has agreed to loan
Crescent Realty Corp Lot A Block 20 10-25- sufficient funds to the City to pay for the City’s
479-001 share of the proposed work pursuant to the 28E
Crescent Realty Corp N.1/2 VAC. CAMP St. Agreement attached hereto.
10-25-479-001 NOW THEREFORE, BE IT RESOLVED BY
Crescent Realty Corp BAL. N1/2-BLK.24 11- THE COUNCIL OF THE CITY OF DUBUQUE,
30-353-001 $5,839.91 IOWA:
D.W. Enterprises BLK. 24A 11-30-353-003 Section 1. The 28E agreement attached hereto
$4,073.16 is hereby approved.
State of Iowa 1-1-12-Blk 13 ROW $1,365.55 Section 2.The City Manager shall administer
State of Iowa 2-12-BLK 13 ROW $3,166.98 the 28E Agreement on behalf of the City.
th
State of Iowa C.L. 549A ROW $1,240.74 Passed, approved and adopted this 4 day of
State of Iowa C.L. 549 ROW $2,147.74 March, 2002.
State of Iowa Bal. 1-1-1-1- P.J. Seipple Lumber Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Co. Place ROW $1,208.51
Total Deficiency Amount: $345.34;
Buol moved adoption of the Resolution.
Total Net Assessments: $84,403.10
Seconded by Markham. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Supplement No. 54 to the Code of Ordinances:
City Manager recommending adoption of
Five Flags Study: City Manager
Supplement No. 54 to the City of Dubuque Code
recommending approval of the selection of CSL
of Ordinances, presented and read. Buol
International to conduct the feasibility study and
moved that the communication be received and
a community survey related to the Five Flags
filed. Seconded by Markham. Motion carried 7-
Center, presented and read. Buol moved that
0.
the communication be received and filed and
RESOLUTION NO. 107-02
approved recommendation. Seconded by
ADOPTING SUPPLEMENT NO. 54 TO THE
Markham. Motion carried 7-0.
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Fiscal Year 2003 – 2007 Capital Improvement
Whereas, under date of July 17, 1989, the City
Program: Long Range Planning Advisory
Council,, pursuant to Ordinance No. 34-89,
Commission advising that they have reviewed
readopted the Code of Ordinances of the City of
the Fiscal Year 2003 – 2007 Capital
Dubuque, Iowa for ordinances adopted up to
Improvement Program and find it to be
and including December 19, 1988; and
consistent with the City’s Comprehensive Plan,
Whereas, since December 19, 1988 the City
presented and read. Buol moved that the
Council of the City of Dubuque, Iowa has
communication be received and filed. Seconded
adopted certain ordinances amending the Code
by Markham. Motion carried 7-0.
of Ordinances and said amendments have been
printed as supplements to the Code of
28E Agreement for Fiber Optic Cable
Ordinances; and
Relocation: City Manager recommending
Whereas, Section 380.8 of the Code of
approval of a 28E Agreement with Dubuque
Ordinances provides that supplements by
County for the fiber optic cable relocation
Regular Session, March 4, 2002 85
resolution, become part of the Code of Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
Buol moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF
Seconded by Markham. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That Supplement No. 54 of the
Downtown Rehabilitation Loan Agreement –
Code of Ordinances of the City of Dubuque,
Guy Gard and Ellen Willis: City Manager
Iowa, covering Ordinances through Ordinance
recommending approval of an amendment to the
No. 78-01 enacted through December 3, 2001
Downtown Rehabilitation Loan Agreement for
and prepared by the Sterling Codifiers, Inc,
Guy Gard (356 Main Street) and Ellen Willis
Coeur D’Alene, ID hereto filed in the Office of
(372 Main Street) to allow additional loans for
the City Clerk of the City of Dubuque, Iowa be
temporary shoring, presented and read. Buol
and is hereby adopted and becomes part of the
moved that the communication be received and
Code of Ordinances of the City of Dubuque,
filed. Seconded by Markham. Motion carried 7-
Iowa.
0.
Passed, approved and adopted this 4th day of
RESOLUTION NO. 109-02
March, 2002.
APPROVING AN AMENDMENT TO THE
Terrance M. Duggan, Mayor
DOWNTOWN REHABILITATION LOAN
Attest: Jeanne F. Schneider, CMC, City Clerk
AGREEMENTS FOR GUY GARD (356 Main
Buol moved adoption of the Resolution.
Street) AND ELLEN WILLIS (372 Main Street)
Seconded by Markham. Motion carried 7-0.
Whereas, the City Council of the City of
Dubuque, Iowa, has created a Downtown
Iowa Department of Transportation:
`
Rehabilitation Loan Program for the purpose of
Communication from Mayor Terry Duggan to
stimulating reinvestment in the Downtown
Mark Wandro, Iowa Department of
Dubuque Urban Renewal District; and
Transportation, regarding the future of IA32,
Whereas, the City Council amended this loan
presented and read. Buol moved that the
program on March 19, 2001, to assist business
communication be received and filed. Seconded
and property owners effected by construction of
by Markham. Motion carried 7-0.
the Third Street Parking Ramp with operating
expenses for their businesses; and
Iowa-Northwestern Development Company:
Whereas, some of the property owners have
City Manager recommending acceptance of the
now requested additional funds for temporary
deed to certain real estate in Dubuque County,
shoring of the buildings on Main Street to protect
Iowa from Iowa-Northwestern Development
the buildings until soil stabilization can be
Company, presented and read. Buol moved
undertaken; and
that the communication be received and filed.
Whereas, the City Council has determined that
Seconded by Markham. Motion carried 7-0.
an amendment to the Loan Agreements for such
purpose is appropriate.
RESOLUTION NO. 108-02
NOW, THEREFORE, BE IT RESOLVED BY
ACCEPTING THE DEED TO CERTAIN REAL
THE CITY COUNCIL OF THE CITY OF
ESTATE IN DUBUQUE COUNTY, IOWA FROM
DUBUQUE, IOWA:
IOWA-NORTHWESTERN DEVELOPMENT CO.
Section 1. That the Downtown Rehabilitation
Whereas, the City of Dubuque entered into an
Loan Agreements for Guy Gard (356 Main
Agreement on January 31, 2002 with Iowa-
Street) and Ellen Willis (372 Main Street) may
Northwestern Development Co. for the purchase
be amended to include the costs of shoring of
of certain real property in Dubuque County,
their buildings.
Iowa, described as follows:
Section 2. That the City Manager is hereby
Lots 1, 2, 3 and 4 of Carter Valley West in the
authorized to execute, on behalf of the City of
City of Dubuque, Dubuque County, Iowa; and
Dubuque, Iowa, all necessary loan documents
Whereas, the terms of the Agreement have
and is further authorized to disburse additional
now been met.
loan funds in accordance with the terms and
NOW THEREFORE, BE IT RESOLVED BY
conditions of the executed amended loan
THE COUNCIL OF THE CITY OF DUBUQUE,
documents.
IOWA:
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Passed, approved and adopted this 4 day of
1. The City of Dubuque, Iowa hereby accepts
March, 2002.
the Deed from Iowa-Northwestern Development
Terrance M. Duggan, Mayor
Company, a copy of which is attached hereto.
Attest: Jeanne F. Schneider, City Clerk
2. The City Clerk is hereby authorized and
Buol moved adoption of the Resolution.
directed to record this Resolution and the Deed
Seconded by Markham. Motion carried 7-0.
with the Dubuque County Recorder.
th
Passed, approved and adopted this 4 day of
March, 2002.
86 Regular Session, March 4, 2002
Stormwater Management Community Planning That the Manager be authorized to cause to be
Processes: Long Range Planning Advisory issued the following named applicants a Liquor
Commission requesting that the City Council License.
appoint Commissioner Charles Winterwood as CLASS “B” (HOTEL/MOTEL)
the Chairperson for the Bee Branch Corridor BEER / LIQUOR LICENSE
Study citizen input group and Commissioner Dubuque Lodging Inc. Days Inn+
Mike Portzen to lead the stormwater utility (Sunday/Outdoor Service) 1111 Dodge St
citizen input group, presented and read. Buol CLASS C BEER/LIQUOR LICENSE
@@
moved that the communication be received and
Galaxies Inc Galaxies+
filed and appointed Charles Winterwood and
(Sunday Sales) 3202 Jackson St
tabled other action. Seconded by Michalski.
Lana K. LuGrain P.J.’s+
Motion carried 7-0. (Sunday Sales) 500 Rhomberg Ave
Yardarm, Inc Yardarm Restaurant+
GASB 34: City Manager recommending (Sunday & Outdoor Sales) 1201 Shiras Ext.
th
approval of Virchow, Krause & Company for
Passed, approved and adopted this 4 day of
Governmental Accounting Standards Board
March, 2002.
Pronouncement 34 Planning and Imple-
Terrance M. Duggan, Mayor
mentation Assistance, presented and read.
Attest: Jeanne F. Schneider, City Clerk
Buol moved that the communication be received
Buol moved adoption of the Resolution.
and filed and approved recommendation. Seconded by Markham. Motion carried 7-0.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Business Licenses:
Interviews for the following Commission:
RESOLUTION NO. 110-02
Community Development Advisory Commission:
Whereas, applications for Beer Permits have
Three vacancies – Census Tract 2; Census
been submitted and filed to this Council for
Tract 5 (term of Dan Shireman); At-Large (term
approval and the same have been examined of Walter Pregler). Applicants: Census Tract 5 -
and approved: and Dan Shireman; At-Large – Walter Pregler. No
Whereas, the premises to be occupied by one spoke.
such applicants were inspected and found to
comply with the Ordinances of the City and have
PUBLIC HEARINGS
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
Michalski moved to suspend the rules to allow
THE CITY COUNCIL OF THE CITY OF
anyone present to speak. Seconded by
DUBUQUE, IOWA: Nicholson. Motion carried 7-0.
That the Manager be authorized to cause to be
issued the following named applicants a Beer White Street Reconstruction Project: Proof of
Permit. publication on notice of hearing and City
CLASS ”C” BEER PERMIT
Manager recommending adoption of the
Clark Retail Enterprises, Inc. Clark # 354+
Resolution of Necessity for additional properties,
(Sunday Sales) 700 Rhomberg Ave
presented and read. Markham moved that the
th
Passed, approved and adopted this 4 day of
proof and communication be received and filed.
March 2002. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 112-02
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION WITH RESPECT TO THE
Buol moved adoption of the Resolution.
ADOPTION OF THE RESOLUTION OF
Seconded by Markham. Motion carried 7-0.
NECESSITY PROPOSED FOR THE WHITE
STND
RESOLUTION NO. 111-02
STREET RECONSTRUCTION – 21 TO 32
STREET PROJECT – SUPPLEMENTAL
Whereas, applications for Liquor Licenses
ASSESSMENTS TO RESOLUTION NO. 23-02
have been submitted to this Council for approval
and the same have been examined and Whereas, the City Council has proposed a
approved; and Resolution of Necessity for the White Street
stnd
Whereas, the premises to be occupied by such Reconstruction – 21 to 32 Street Project –
applicants were inspected and found to comply Supplemental Assessments to Resolution 23-02,
with the State Laws and all City Ordinances
has given notice of the public hearing thereon as
relevant thereto and they have filed proper
required by law; and
bonds.
Whereas, the public hearing has been held, all
NOW, THEREFORE, BE IT RESOLVED BY
persons offering objections have been heard
THE CITY COUNCIL OF THE CITY OF and consideration given to all objections and is
DUBUQUE, IOWA: pending before this Council; and
Regular Session, March 4, 2002 87
th
Whereas, this is the time and place set as Passed, approved and adopted this 4 day of
provided for the taking of action on the proposed March, 2002.
Resolution of Necessity. Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Buol moved adoption of the Resolution.
DUBUQUE, IOWA:
Seconded by Nicholson. Motion carried 6-0.
That the proposed Resolution of
Necessity described above is hereby:
Amendment to the Ice Harbor Urban Renewal
x Adopted, without amendment, and all
District: Master Plan and Design Standards:
objections filed or made having been
Proof of publication on notice of hearing and City
dully considered are overruled.
Manager recommending adoption of an
Adopted as amended by the Schedule
Amendment to the Urban Renewal Plan for the
of Assessments attached hereto as
Ice Harbor Urban Renewal District, and com-
Exhibit A, and made a part hereof by
munication from the Long Range Planning
reference. All objections filed or made
Advisory Commission recommending approval
having been duly considered are
of the proposed amended and restated Urban
overruled.
Renewal Plan for the Ice Harbor Urban Renewal
Deferred for later consideration to a
District, presented and read. Buol moved that
City Council meeting to be held on the
the proof and communications be received and
___ day of , 2002, next at
filed. Seconded by Nicholson. Motion carried 7-
6:30 p.m. in , with
0.
jurisdiction retained for further
A Resolution approving the amended and
consideration and action at the
restated Urban Renewal Plan for the Ice Harbor
adjourned meeting.
Urban Renewal District, presented and read.
Abandoned.
Gordy Mills spoke in favor of the plan and
th
Passed, adopted and approved this 4 day of
urged adoption.
March, 2002.
John Hendry of the Adams Company spoke
Terrance M. Duggan, Mayor
requesting that attention be given to the existing
Attest: Jeanne F. Schneider, City Clerk
jobs and economic base currently in place in the
Markham moved adoption of the Resolution.
Ice Harbor.
Seconded by Nicholson. Motion carried 7-0.
Jerry Enzler, of the Mississippi River Museum,
spoke encouraging support of the Plan.
Mayor Duggan turned control of the meeting to
Sue Czeshinkski, Director of the Convention
Mayor Pro-Tem Michalski due to possible
and Visitors’ Bureau, spoke in support.
conflict of interest.
Attorney Brian Kane, representing the
Diamond Jo, spoke in support of the design
Amendment to the Riverfront Plan: Port of
standards but expressed concern about applying
Dubuque Master Plan: Proof of publication on
standards to existing businesses, such as the
Diamond Jo. He asked the Council to confirm
notice of hearing and Long Range Planning
the continuing dialogue between the City and
Advisory Commission recommending that the
the Diamond Jo as to working on unresolved
City Council adopt an amendment to the
items.
Riverfront Plan to include the Port of Dubuque
Laura Carstens, Planning Services Manager,
Master Plan, presented and read. Buol moved
stated that the Long Range Planning Advisory
that the proof and communication be received
Commission went on record with a commitment
and filed. Seconded by Nicholson. Motion
to continued dialogue between the City and
carried 7-0.
existing businesses and urged adoption of the
plan.
RESOLUTION NO. 113-02
Rick Dickinson, Executive Director of GDDC,
AMENDMENT OF RIVERFRONT PLAN TO
spoke in support.
INCLUDE PORT OF DUBUQUE MASTER
PLAN
RESOLUTION NO. 114-02
Whereas, the City of Dubuque has adopted a
A RESOLUTION APPROVING THE AMENDED
Riverfront Plan that is a component of the
AND RESTATED URBAN RENEWAL PLAN
adopted Comprehensive Plan; and
FOR THE ICE HARBOR URBAN RENEWAL
Whereas, the City of Dubuque has developed
DISTRICT.
a Master Plan for the Port of Dubuque.
Whereas, on December 17, 2001, the City
NOW THEREFORE, BE IT RESOLVED BY
Council of the City of Dubuque, Iowa authorized
THE COUNCIL OF THE CITY OF DUBUQUE,
the preparation of an Amended and Restated
IOWA:
Urban Renewal Plan (the "Plan") for the Ice
That the Riverfront Plan be amended to
Harbor Urban Renewal District (the "District");
include the Port of Dubuque Master Plan.
and
88 Regular Session, March 4, 2002
MENT AGREEMENT PROVIDING FOR THE
Whereas, the City of Dubuque's primary
SALE OF PROPERTY IN THE DUBUQUE
objective in amending this Plan is to provide
INDUSTRIAL CENTER WEST IN THE CITY OF
opportunities for further redevelopment and
DUBUQUE, IOWA, TO GIESE PROPERTIES,
th
reinvestment in the 4 Street Peninsula area
L.L.C.
and to guide that development through a design
Whereas, this Council, by Resolution No. 89-
standard and approval process; and
02 dated February 18, 2002, declared its intent
Whereas, the Long Range Planning Advisory
to enter into a Development Agreement with
Commission has reviewed the proposed Plan
Giese Properties, L.L.C. and Giese
and has found that said document is consistent
Manufacturing Company, Inc. for the sale of
with the Comprehensive Plan for the
certain property in Dubuque Industrial Center
development of the City of Dubuque as a whole
West in the City of Dubuque, Iowa, (the
and has transmitted its findings to the City
Property) described in the attached
Council; and
Development Agreement; and
Whereas, a consultation process has been
Whereas, pursuant to published notice, a
undertaken with affected taxing entities in
public hearing was held on the proposed
accordance with Chapter 403 of the Code of
disposition on March 4, 2002, at 6:30 p.m. at the
Iowa with no written objections or recommended
Carnegie-Stout Public Library Auditorium, 360
changes to the Plan received; and
th
W. 11 Street, Dubuque, Iowa; and
Whereas, the City Council, in accordance with
Whereas, it is the determination of this Council
Chapter 403 of the Code of Iowa, has held a
that approval of the Development Agreement for
public hearing on the proposed amended and
the sale to and development of the Property by
restated Plan after public notice thereof.
Giese Properties, L.L.C. according to the terms
NOW, THEREFORE, BE IT RESOLVED BY
and conditions set out in the Development
THE CITY COUNCIL OF THE CITY OF
Agreement is in the public interest of the City of
DUBUQUE, IOWA:
Dubuque.
Section 1. That the Amended and Restated
NOW, THEREFORE, BE IT RESOLVED BY
Urban Renewal Plan for the Ice Harbor Urban
THE CITY COUNCIL OF THE CITY OF
Renewal District, attached hereto and made
DUBUQUE, IOWA:
reference to herein, be approved.
Section 1. That the attached Development
Section 2. That the City Clerk of the City of
Agreement by and among the City of Dubuque,
Dubuque, Iowa is hereby authorized and
Giese Properties, L.L.C. and Giese
directed to file a certified copy of this Resolution
Manufacturing Company, Inc. and the sale of the
along with the Plan in the office of the Dubuque
following described Property to Giese
County Recorder.
Properties, L.L.C. is hereby approved:
TH
Passed, approved and adopted this 4 day of
Lot 6 of Dubuque Industrial Center West in the
March, 2002.
City of Dubuque, Dubuque County, Iowa.
Ann E. Michalski, Mayor Pro-Tem
Section 2. That the Mayor is hereby
Attest: Jeanne F. Schneider, City Clerk
authorized and directed to execute the
Buol moved adoption of the Resolution.
Development Agreement on behalf of the City
Seconded by Nicholson. Motion carried 6-0.
and City Clerk is authorized and directed to
attest to his signature.
Mayor Duggan returned and took control of the
Section 3. That the Mayor and City Clerk are
Meeting.
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
Expansion of Giese Manufacturing, Inc. at the
as provided in the Development Agreement.
Dubuque Industrial Center West: Proof of
Section 4. That the City Manager is authorized
publication on notice of hearing to consider
to take such actions as are necessary to comply
disposing of an interest in real property to Giese
with the terms of the Development Agreement
Properties, L.L.C. and the Giese Manufacturing
as herein approved.
Company, Inc., and approval of a Development
th
Passed, approved and adopted this 4 day of
Agreement, presented and read. Michalski
March 2002.
moved that the proof be received and filed.
Terrance M. Duggan, Mayor
Seconded by Cline. Motion carried 6-0 with
Attest: Jeanne F. Schneider, City Clerk
Council Member Markham excusing himself
Michalski moved adoption of the Resolution.
from discussion and voting on this issue.
Seconded by Cline. Motion carried 6-0 with
Council Member Markham excusing himself
Rick Dickinson, Executive Director of the
from voting on this issue.
GDDC, spoke in support of this project.
Riprow Valley – Utility Extension Project:
RESOLUTION NO. 115-02
Proofs of publication on notice of hearing on
RESOLUTION APPROVING A DEVELOP-
Regular Session, March 4, 2002 89
plans and specifications, and notice to bidders City of Dubuque for the complete performance
on the receipt of bids, and City Manager of the work.
recommending award of the contract for the BE IT FURTHER RESOLVED:
Riprow Valley – Utility Extension Project to That upon the signing of said contract and the
Horsfield Construction, Inc. in the amount of approval of the contractor's bond, the City
$77,973.40, presented and read. Buol moved Treasurer is authorized and instructed to return
that the proofs and communication be received the bid deposits of the unsuccessful bidders.
and filed. Seconded by Nicholson. Motion Passed, approved and adopted this 4th day of
carried 7-0. March, 2002.
Regina Thibeau spoke in support of the Terrance M. Duggan, Mayor
Riprow Valley projects. Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 116-02
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Riprow Valley – Demolition and Grading of
WHEREAS, on the 4th day of February, 2002, Ballfield Site Project: Proofs of publication on
plans, specifications, form of contract and notice of hearing on plans and specifications,
estimated cost were filed with the City Clerk of and notice to bidders on the receipt of bids, and
Dubuque, Iowa for the Rip Row Valley Utilities City Manager recommending award of the
Extension Project. contract for the Riprow Valley – Demolition and
WHEREAS, notice of hearing on plans, Grading of Ballfield Site Project to Horsfield
specifications, form of contract, and estimated Construction, Inc. in the amount of $108,928.15,
cost was published as required by law. presented and read. Michalski moved that the
NOW THEREFORE, BE IT RESOLVED BY proof ands communication be received and filed.
THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0.
DUBUQUE, IOWA:
RESOLUTION NO. 118-02
That the said plans, specifications, form of
RESOLUTION ADOPTING
contract and estimated cost are hereby
PLANS AND SPECIFICATIONS
approved as the plans, specifications, form of
contract and estimated cost for said WHEREAS, on the 4th day of February, 2002,
improvements for said project. plans, specifications, form of contract and
Passed, approved and adopted this 4th day of estimated cost were filed with the City Clerk of
March, 2002. Dubuque, Iowa for the Rip Row Valley
Terrance M. Duggan, Mayor Demolition and Grading Project.
Attest: Jeanne F. Schneider, City Clerk WHEREAS, notice of hearing on plans,
Buol moved adoption of the Resolution. specifications, form of contract, and estimated
Seconded by Nicholson. Motion carried 6-0. cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 117-02
THE CITY COUNCIL OF THE CITY OF
AWARDING CONTRACT
DUBUQUE, IOWA:
WHEREAS, sealed proposals have been That the said plans, specifications, form of
submitted by contractors for the Rip Row Valley contract and estimated cost are hereby
Utilities Extension Project pursuant to Resolution approved as the plans, specifications, form of
No. 62-02, and notice to bidders published in a contract and estimated cost for said
newspaper published in the City of Dubuque, improvements for said project.
Iowa, on the 8th day of February, 2002. Passed, approved and adopted this 4th day of
WHEREAS, said sealed proposals were March, 2002.
opened and read on the 21st day of February, Terrance M. Duggan, Mayor
2002, and it has been determined that the bid of Attest: Jeanne F. Schneider, City Clerk
HORSFIELD CONSTRUCTION, INC. in the Michalski moved adoption of the Resolution.
amount of $77,973.40 was the lowest bid for the Seconded by Nicholson. Motion carried 7-0.
furnishings of all labor and materials and
RESOLUTION NO. 119-02
performing the work as provided for in the plans
AWARDING CONTRACT
and specifications.
NOW THEREFORE, BE IT RESOLVED BY WHEREAS, sealed proposals have been
THE CITY COUNCIL OF THE CITY OF submitted by contractors for the Rip Row Valley
DUBUQUE, IOWA: Demolition and Grading Project pursuant to
That the contract for the above improvement Resolution No. 59-02, and notice to bidders
be awarded to HORSFIELD CONSTRUCTION, published in a newspaper published in the City
INC., and the Manager be and is hereby of Dubuque, Iowa, on the 8th day of February,
directed to execute a contract on behalf of the 2002.
90 Regular Session, March 4, 2002
WHEREAS, said sealed proposals were Whereas, the City Council of the City of
opened and read on the 21st day of February, Dubuque, Iowa overruled any and all objections,
2002, and it has been determined that the bid of oral or written to the proposal to dispose of
HORSFIELD CONSTRUCTION, INC. in the interest of the City of Dubuque, Iowa, in the
amount of $108,928.15 was the lowest bid for hereinabove described real estate.
the furnishings of all labor and materials and NOW THEREFORE, BE IT RESOLVED BY
performing the work as provided for in the plans THE CITY COUNCIL OF THE CITY OF
and specifications. DUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVED BY Section 1. That the disposal of the interest of
THE CITY COUNCIL OF THE CITY OF the City of Dubuque, Dubuque County, Iowa real
DUBUQUE, IOWA: property described as a 10-foot utility easement
That the contract for the above improvement on Lots 4 and 5 of C.J. Bies Subdivision No. 2 in
be awarded to HORSFIELD CONSTRUCTION, the City of Dubuque, Iowa, be and the same is
INC., and the Manager be and is hereby hereby approved for the cost of publication and
directed to execute a contract on behalf of the filing fees.
City of Dubuque for the complete performance Section 2. That the Mayor be authorized and
of the work. directed to execute a Release of Easement, and
BE IT FURTHER RESOLVED: the City Clerk be and is hereby authorized and
That upon the signing of said contract and the directed to deliver said Release to Peter and
approval of the contractor's bond, the City Pamela Triolo, Roger G. and Christine Klauer,
Treasurer is authorized and instructed to return and Patrick and Kathleen M. Sullivan, upon
the bid deposits of the unsuccessful bidders. receipt of the above fees.
Passed, approved and adopted this 4th day of Section 3. That the City Clerk be and is hereby
March, 2002. authorized and directed to record a certified
Terrance M. Duggan, Mayor copy of this resolution in the office of the City
Attest: Jeanne F. Schneider, City Clerk Assessor, Dubuque County Recorder and
Michalski moved adoption of the Resolution. Dubuque County Auditor.
th
Seconded by Nicholson. Motion carried 7-0. Passed, approved and adopted this 4 day of
March, 2002.
C.J. Bies Subdivision – Request to Vacate Terrance M. Duggan, Mayor
Utility Easement: Proof of publication on notice Attest: Jeanne F. Schneider, City Clerk
of hearing to consider a request from Tom Oster Markham moved adoption of the Resolution.
to vacate a ten-foot wide utility easement in C.J. Seconded by Nicholson. Motion carried 7-0.
Bies Subdivision and City Manager recom-
mending approval, presented and read. Buol moved that the rules be reinstated limiting
Markham moved that the proof and discussion to the Council. Seconded by
communication be received and filed. Seconded Nicholson. Motion carried 7-0.
by Nicholson. Motion carried 7-0.
ACTION ITEMS
RESOLUTION NO. 120-02
RESOLUTION DISPOSING OF INTEREST
John Osterhaus – Address the Council:
AND VACATE A 10-FOOT WIDE UTILITY
Request of John Osterhaus, 2530 Elm Street, to
EASEMENT OVER LOTS 4 AND 5 OF C.J.
address the Council regarding the proposed
BIES SUBDIVISION NO. 2 IN THE CITY OF
drainage system, presented and read.
DUBUQUE, DUBUQUE COUNTY, DUBUQUE,
Mr. Osterhaus spoke requesting Council
IOWA
consideration of extending the Bee Branch
Whereas, pursuant to resolution and published Storm Sewer to the Morrison property and back
notice of time and place of hearing, published in to the bike trail and then on to the river.
the Telegraph Herald, a newspaper of general Michalski moved that the communication be
circulation published in the City of Dubuque, received and filed and referred to the City
nd
Iowa on the 22 day of February, 2002, the City Manager. Seconded by Cline. Motion carried 7-
Council of the City of Dubuque, Iowa met on the 0.
th
4 day of March, 2002, at 6:30 p.m. in the Public
th
Library Auditorium, 360 West 11 Street, Quebecor – Memorandum of Understanding
Dubuque, Dubuque, County, Iowa to consider and CEBA Application: City Manager
the proposal for the release of real estate recommending approval of a Memorandum of
described as: Understanding between the City and Quebecor
A 10-foot utility easement on Lots 4 and 5 of and an application to the Iowa Department of
C.J. Bies Subdivision No. 2 in the City of Economic Development for a major expansion of
Dubuque, Iowa, as shown on the attached their Dubuque facility, presented and read.
Exhibit A. Cline moved that the communication be
Regular Session, March 4, 2002 91
received and filed. Seconded by Buol. Motion Betterment Account program on behalf of
carried 7-0. Quebecor World Dubuque, Inc. is approved.
Rich Dunn, General Manager of Quebecor, Section 2. That the local match as identified in
spoke requesting Council approval. the application will be considered for approval in
the Urban Renewal/Tax Increment Financing
RESOLUTION NO. 121-02
approval process.
A RESOLUTION APPROVING A MEM-
Section 3. That the Mayor is hereby
ORANDUM OF UNDERSTANDING WITH
authorized to execute, and the City Manager is
QUEBECOR WORLD DUBUQUE, INC FOR AN
hereby directed to submit said application to the
EXPANSION IN DUBUQUE
State of Iowa Economic Development
Whereas, Quebecor World Dubuque, Inc is Commission together with such documents as
proposing to expand employment in the City of may be required.
Dubuque, and Passed, approved, and adopted this 4th day of
Whereas, the City is encouraging the March 2002.
Company to expand its operations in Dubuque, Terrance M. Duggan, Mayor
and Attest: Jeanne F. Schneider, City Clerk
Whereas, a Memorandum of Understanding Cline moved adoption of the Resolution.
has been prepared for said expansion, Seconded by Buol. Motion carried 7-0.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA, AS Fourth Street Parking Ramp Operation: City
FOLLOWS: Manager recommending approval of operational
Section 1. The attached Memorandum of protocol, equipment and fees for the Fourth
Understanding is hereby approved. Street Parking Ramp in anticipation of its June
Section 2. The City Manager is hereby 1, 2002 opening, presented and read. Buol
directed to prepare documents necessary to moved that the communication be received and
implement the Memorandum of Understanding filed and approved recommendation. Seconded
th
Passed, approved and adopted this 4 day of by Michalski. Motion carried 7-0.
March 2002.
Terrance M. Duggan, Mayor Local Housing Assistance Program Funds:
Attest: Jeanne F. Schneider, City Clerk City Manager recommending approval of an
Cline moved adoption of the Resolution. application to the Iowa Department of Economic
Seconded by Buol. Motion carried 7-0. Development for Local Housing Assistance
Funds in the amount of $250,000 to assist Scott
RESOLUTION NO. 122-02
and Dawn Potter construct a 19 room SRO
A RESOLUTION AUTHORIZING THE FILING
facility on Garfield Avenue, presented and read.
OF A COMMUNITY ECONOMIC BETTER-
Markham moved that the communication be
MENT ACCOUNT (CEBA) APPLICATION ON
received and filed and approved
BEHALF OF QUEBECOR WORLD DUBUQUE,
recommendation. Seconded by Nicholson.
INC
Motion carried 7-0.
Whereas, Quebecor World Dubuque, Inc. has
proposed the expansion of its existing ITEMS TO BE SET FOR PUBLIC HEARING
operations; and
Whereas, the City Council of Dubuque, Iowa Miller-Riverview Park Campsite Rewiring
has considered said proposal and has Project: City Manager recommending initiation
determined that the proposed project will of the bidding process for the Miller-Riverview
contribute to the local economy through the Campsite Rewiring Project and setting a public
creation of over 100 new jobs for area residents; hearing for April 1, 2002, presented and read.
and Michalski moved that the communication be
Whereas, the Iowa Department of Economic received and filed. Seconded by Nicholson.
Development's Community Economic Motion carried 7-0.
Betterment Account (CEBA) was designed to
RESOLUTION NO. 123-02
assist in the economic development efforts of
ORDERING BIDS
local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible BE IT RESOLVED BY THE COUNCIL OF
to apply for funding from the Community THE CITY OF DUBUQUE, IOWA:
Economic Betterment Account program; That the Miller Riverview Park Campsite Re-
NOW, THEREFORE, BE IT RESOLVED BY Wiring Project is hereby ordered to be
THE CITY COUNCIL OF THE CITY OF advertised for bids for construction.
DUBUQUE, IOWA: BE IT FURTHER RESOLVED, that the amount
Section 1. That the filing of an application for of the security to accompany each bid shall be in
participation in the Iowa Community Economic an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
92 Regular Session, March 4, 2002
part of the plans and specifications heretofore BE IT RESOLVED BY THE COUNCIL OF
adopted. THE CITY OF DUBUQUE, IOWA:
That the City Clerk is hereby directed to That the Miller Riverview Park Campsite Re-
advertise for bids for the construction of the wiring Project is hereby ordered to be advertised
improvements herein provided, to be published for bids for construction.
in a newspaper having general circulation in the BE IT FURTHER RESOLVED, that the amount
City of Dubuque, Iowa, which notice shall not be of the security to accompany each bid shall be in
less than four days nor more than twenty days an amount which shall conform to the provisions
prior to the receipt of said bids at 2:00 p.m. on of the notice to bidders hereby approved as a
the 21st day of March, 2002. Bids shall be part of the plans and specifications heretofore
opened and read by the City Clerk at said time adopted.
and will be submitted to the Council for final That the City Clerk is hereby directed to
action at 6:30 p.m. on the 1st day of April, 2002. advertise for bids for the construction of the
Passed, approved and adopted this 4th day of improvements herein provided, to be published
March, 2002. in a newspaper having general circulation in the
Terrance M. Duggan, Mayor City of Dubuque, Iowa, which notice shall not be
Attest: Jeanne F. Schneider, City Clerk less than four days nor more than twenty days
Michalski moved adoption of the Resolution. prior to the receipt of said bids at 2:00 p.m. on
Seconded by Nicholson. Motion carried 7-0. the 21st day of March, 2002. Bids shall be
opened and read by the City Clerk at said time
RESOLUTION NO. 124-02
and will be submitted to the Council for final
FIXING DATE OF HEARING
action at 6:30 p.m. on the 1st day of April, 2002.
ON PLANS AND SPECIFICATIONS
Passed, approved and adopted this 4th day of
WHEREAS, the City Council of the City of March, 2002.
Dubuque, Iowa has given its preliminary Terrance M. Duggan, Mayor
approval on the proposed plans, specifications, Attest: Jeanne F. Schneider, City Clerk
and form of contract and placed same on file in Michalski moved adoption of the Resolution.
the office of the City Clerk for public inspection Seconded by Nicholson. Motion carried 7-0.
of the Miller Riverview Park Campsite Re-wiring
Project. Chicago Street Sanitary Sewer Project: City
NOW, THEREFORE, BE IT RESOLVED, BY Manager recommending acceptance of the
THE CITY COUNCIL OF THE CITY OF Chicago Street Sanitary Sewer Reconstruction
DUBUQUE, IOWA, that on the 1st day of April, Project in the final contract amount of
2002, a public hearing will be held at 6:30 p.m. $93,178.80 and further recommending that a
in the Public Library Auditorium, at which time public hearing be set for April 1, 2002 on the
interested persons may appear and be heard for connection fees for the sanitary sewer,
or against the proposed plans and presented and read. Michalski moved that the
specifications, form of contract and cost of said communication be received and filed. Seconded
improvement, and the City Clerk be and is by Nicholson. Motion carried 7-0.
hereby directed to cause a notice of time and
RESOLUTION NO. 126-02
place of such hearing to be published in a
ACCEPTING IMPROVEMENT
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less Whereas, the contract for the Chicago Street
than four days nor more than twenty days prior Sanitary Sewer Extension Project has been
to the day fixed for its consideration. At the completed and the City Manager has examined
hearing, any interested person may appear and the work and filed his certificate stating that the
file objections to the proposed plans, same has been completed according to the
specifications, contract, or estimated cost of the terms of the contract, plans and specifications
improvement. and recommends its acceptance.
Passed, approved and adopted this 4th day of NOW THEREFORE, BE IT RESOLVED BY
March, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk Section 1. That the recommendation of the
Michalski moved adoption of the Resolution City Manager be approved and that said
and set this for public hearing on 4/1/02 at a improvement be and the same is hereby
meeting to commence at 6:30 P.M. in the public accepted.
library auditorium and that the City Clerk publish BE IT FURTHER RESOLVED that the City
notice in the manner prescribed by law. Treasurer be and he is hereby directed to pay to
Seconded by Nicholson. Motion carried 7-0. the contractor from the Sanitary Sewer
Construction Fund in amount equal to the
RESOLUTION NO. 125-02
amount of this contract, less any retained
ORDERING BIDS
percentage provided for therein.
Regular Session, March 4, 2002 93
th
Passed, approved and adopted this 4 day of NOW THEREFORE, BE IT RESOLVED BY
March, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
th
Attest: Jeanne F. Schneider, City Clerk That on the 6 day of May, 2002, a public
Michalski moved adoption of the Resolution. hearing will be held at 6:30 p.m. in the Public
Seconded by Nicholson. Motion carried 7-0. Library Auditorium, 360 West 11 Street, at which
time interested persons may appear and be
RESOLUTION NO. 127-02
heard for or against the establishment of sewer
FINAL ESTIMATE
connection fees for the Chicago Street Sanitary
Whereas, the contract for the Chicago Street Sewer Extension Project, and the City Clerk be
Sanitary Sewer Extension Project has been and is hereby directed to cause a notice of time
completed and the City Engineer has submitted and place of such being to be published in a
his final estimate showing the cost thereof newspaper having general circulation in the City
including the cost of estimates, notices and of Dubuque, Iowa, which notice shall not be less
inspection and all miscellaneous costs; than 21 days prior to the date fixed for its
NOW THEREFORE, BE IT RESOLVED BY consideration. At the hearing, any interested
THE CITY COUNCIL OF THE CITY OF person may appear and file objections to the
DUBUQUE, IOWA: proposed sewer connection fees for the Chicago
Section 1. That the cost of said improvement Street Sanitary Sewer Extension Project.
th
is hereby determined to be $107,627.62. Passed, approved and adopted this 4 day of
Section 2. That $24,986.71 of the cost thereof March, 2002.
shall be assessable upon private property and Terrance M. Duggan, Mayor
$82,640.91 shall be paid from the Sanitary Attest: Jeanne F. Schneider, City Clerk
Sewer Construction Fund. Michalski moved adoption of the Resolution
th
Passed, approved and adopted this 4 day of and that the Public Hearing be scheduled for
March, 2002. 4/1/02 at a meeting to commence at 6:30 P.M. in
Terrance M. Duggan, Mayor the public library auditorium and that the City
Attest: Jeanne F. Schneider, City Clerk Clerk publish notice in the manner prescribed by
Michalski moved adoption of the Resolution. law. Seconded by Nicholson. Motion carried
Seconded by Nicholson. Motion carried 7-0. 7-0.
RESOLUTION NO. 128-02
Oak Street Sanitary Sewer Project: City
A RESOLUTION APPROVING THE PRELIM-
Manager recommending acceptance of the Oak
INARY SCHEDULE OF FINAL ASSESS-
Street Sanitary Sewer Reconstruction Project in
MENTS FOR THE CHICAGO STREET
the final contract amount of $93,738.94 and
SANITARY SEWER EXTENSION PROJECT
further recommending that a public hearing be
NOW THEREFORE, BE IT RESOLVED BY set for April 1, 2002 on the connection fees for
THE CITY COUNCIL OF THE CITY OF the sanitary sewer, presented and read.
DUBUQUE, IOWA: Michalski moved that the communication be
That attached sheet is hereby determined to received and filed. Seconded by Nicholson.
be the preliminary schedule of final assessments Motion carried 7-0.
for the Chicago Street Sanitary Sewer Extension
RESOLUTION NO. 130-02
Project, and the valuations set out herein are
ACCEPTING IMPROVEMENT
hereby approved.
th
Passed, approved and adopted this 4 day of Whereas, the contract for the Oak Street
March, 2002. Sanitary Sewer Extension Project has been
Terrance M. Duggan, Mayor completed and the City Manager has examined
Attest: Jeanne F. Schneider, City Clerk the work and filed his certificate stating that the
Michalski moved adoption of the Resolution. same has been completed according to the
Seconded by Nicholson. Motion carried 7-0. terms of the contract, plans and specifications
and recommends its acceptance.
RESOLUTION NO. 129-02
NOW THEREFORE, BE IT RESOLVED BY
FIXING DATE OF PUBLIC HEARING ON A
THE CITY COUNCIL OF THE CITY OF
PROPOSED ORDINANCE ESTABLISHING
DUBUQUE, IOWA:
SEWER CONNECTION FEES FOR THE
Section 1. That the recommendation of the
CHICAGO STREET SANITARY SEWER
City Manager be approved and that said
EXTENSION PROJECT
improvement be and the same is hereby
Whereas, there is now on file for public accepted.
inspection in the office of the City Clerk of BE IT FURTHER RESOLVED that the City
Dubuque, Iowa, a proposed Ordinance Treasurer be and he is hereby directed to pay to
establishing the Chicago Street Sanitary Sewer the contractor from the Fiscal Year 2001
Extension Project connection fees. Sanitary Sewer Construction Fund in amount
94 Regular Session, March 4, 2002
equal to the amount of this contract, less any establishing the Oak Street Sanitary Sewer
retained percentage provided for therein. Extension Project connection fees.
th
Passed, approved and adopted this 4 day of NOW THEREFORE, BE IT RESOLVED BY
March, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
th
Attest: Jeanne F. Schneider, City Clerk That on the 6 day of May, 2002, a public
Michalski moved adoption of the Resolution. hearing will be held at 6:30 p.m. in the Public
Seconded by Nicholson. Motion carried 7-0. Library Auditorium, 360 West 11 Street, at which
time interested persons may appear and be
RESOLUTION NO. 131-02
heard for or against the establishment of sewer
FINAL ESTIMATE
connection fees for the Oak Street Sanitary
Whereas, the contract for the Oak Street Sewer Extension Project, and the City Clerk be
Sanitary Sewer Extension Project has been and is hereby directed to cause a notice of time
completed and the City Engineer has submitted and place of such being to be published in a
his final estimate showing the cost thereof newspaper having general circulation in the City
including the cost of estimates, notices and of Dubuque, Iowa, which notice shall not be less
inspection and all miscellaneous costs; than 21 days prior to the date fixed for its
NOW THEREFORE, BE IT RESOLVED BY consideration. At the hearing, any interested
THE CITY COUNCIL OF THE CITY OF person may appear and file objections to the
DUBUQUE, IOWA: proposed sewer connection fees for the Oak
Section 1. That the cost of said improvement Street Sanitary Sewer Extension Project.
th
is hereby determined to be $107,799.32. Passed, approved and adopted this 4 day of
Section 2. That $33,169.39 of the cost thereof March, 2002.
shall be assessable upon private property and Terrance M. Duggan, Mayor
$74,629.93 shall be paid from the Fiscal Year Attest: Jeanne F. Schneider, City Clerk
2001 Sanitary Sewer Construction Fund. Michalski moved adoption of the Resolution
th
Passed, approved and adopted this 4 day of and set public hearing for 4/1/02 at a meeting to
March, 2002. commence at 6:30 P.M. in the public library
Terrance M. Duggan, Mayor auditorium and that the City Clerk publish notice
Attest: Jeanne F. Schneider, City Clerk in the manner prescribed by law. Seconded by
Michalski moved adoption of the Resolution. Nicholson. Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
Fengler Street Bridge – Initiate: City Manager
RESOLUTION NO. 132-02
recommending initiation of the bidding process
A RESOLUTION APPROVING THE PRELIM-
for the Fengler Street Bridge Reconstruction
INARY SCHEDULE OF FINAL ASSESS-
Project and setting a public hearing for April 1,
MENTS FOR THE OAK STREET SANITARY
2002, presented and read. Michalski moved that
SEWER EXTENSION PROJECT
the communication be received and filed.
NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 134-02
DUBUQUE, IOWA:
PRELIMINARY APPROVAL OF
That attached sheet is hereby determined to
PLANS AND SPECIFICATIONS
be the preliminary schedule of final assessments
for the Oak Street Sanitary Sewer Extension NOW THEREFORE, BE IT RESOLVED BY
Project, and the valuations set out herein are THE CITY COUNCIL OF THE CITY OF
hereby approved. DUBUQUE, IOWA:
th
Passed, approved and adopted this 4 day of That the proposed plans, specifications, form
March, 2002. of contract and estimated cost for the Fengler
Terrance M. Duggan, Mayor Street Bridge Reconstruction Project, in the
Attest: Jeanne F. Schneider, City Clerk estimated amount of $1,230,699, are hereby
Michalski moved adoption of the Resolution. approved and ordered filed in the office of the
Seconded by Nicholson. Motion carried 7-0. City Clerk for public inspection.
th
Passed, adopted and approved this 4 day of
RESOLUTION NO. 133-02
March, 2002.
FIXING DATE OF PUBLIC HEARING ON A
Terrance M. Duggan, Mayor
PROPOSED ORDINANCE ESTABLISHING
Attest: Jeanne F. Schneider, City Clerk
SEWER CONNECTION FEES FOR THE OAK
Michalski moved adoption of the Resolution.
STREET SANITARY SEWER EXTENSION
Seconded by Nicholson. Motion carried 7-0.
PROJECT
RESOLUTION NO. 135-02
Whereas, there is now on file for public
FIXING DATE OF HEARING
inspection in the office of the City Clerk of
ON PLANS AND SPECIFICATIONS
Dubuque, Iowa, a proposed Ordinance
Regular Session, March 4, 2002 95
th
Whereas, the City Council of the City of Passed, adopted and approved this 4 day of
Dubuque, Iowa has given its preliminary March, 2002.
approval on the proposed plans, specifications, Terrance M. Duggan, Mayor
and form of contract and placed same on file in Attest: Jeanne F. Schneider, City Clerk
the office of the City Clerk for public inspection Michalski moved adoption of the Resolution.
of the Fengler Street Bridge Reconstruction Seconded by Nicholson. Motion carried 7-0.
Project.
NOW THEREFORE, BE IT RESOLVED BY Chavenelle Road Extension – Initiate: City
THE CITY COUNCIL OF THE CITY OF Manager recommending initiation of the bidding
DUBUQUE, IOWA: process for the Chavenelle Road Extension
st
That on the 1 day of April, 2002, a public Project and setting a public hearing for April 1,
hearing will be held at 6:30 p.m. in the Public 2002, presented and read. Michalski moved
Library Auditorium at which time interested that the communication be received and filed.
persons may appear and be heard for or against Seconded by Nicholson. Motion carried 7-0.
the proposed plans and specifications, form of
RESOLUTION NO. 137-02
contract and cost of said improvement, and the
PRELIMINARY APPROVAL OF
City Clerk be and is hereby directed to cause a
PLANS AND SPECIFICATIONS
notice of time and place of such hearing to be
published in a newspaper having general NOW THEREFORE, BE IT RESOLVED BY
circulation in the City of Dubuque, Iowa, which THE CITY COUNCIL OF THE CITY OF
notice shall be not less than four days nor more DUBUQUE, IOWA:
than twenty days prior to the day fixed for its That the proposed plans, specifications, form
consideration. At the hearing, any interested of contract and estimated cost for the
person may appear and file objections to the Chavenelle Drive Extension Project, in the
proposed plans, specifications, contract, or estimated amount of $733,829.57, are hereby
estimated cost of the improvement. approved and ordered filed in the office of the
th
Passed, adopted and approved this 4 day of City Clerk for public inspection.
th
March, 2002. Passed, adopted and approved this 4 of
Terrance M. Duggan, Mayor March, 2002.
Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
Michalski moved adoption of the Resolution Attest: Jeanne F. Schneider, City Clerk
and set public hearing for 4/1/02 at a meeting to Michalski moved adoption of the Resolution.
commence at 6:30 P.M. in the public library Seconded by Nicholson. Motion carried 7-0.
auditorium and that the City Clerk publish notice
RESOLUTION NO. 138-02
in the manner prescribed by law. Seconded by
FIXING DATE OF HEARING ON
Nicholson. Motion carried 7-0.
PLANS AND SPECIFICATIONS
RESOLUTION NO. 136-02
Whereas, the City Council of the City of
ORDERING BIDS
Dubuque, Iowa has given its preliminary
NOW THEREFORE, BE IT RESOLVED BY approval on the proposed plans, specifications,
THE COUNCIL OF THE CITY OF DUBUQUE, and form of contract and placed same on file in
IOWA: the office of the City Clerk for public inspection
That the Fengler Street Bridge Reconstruction of the Chavenelle Drive Extension Project.
Project is hereby ordered to be advertised for NOW THEREFORE, BE IT RESOLVED BY
bids for construction. THE CITY COUNCIL OF THE CITY OF
BE IT FURTHER RESOLVED, that the amount DUBUQUE, IOWA:
st
of the security to accompany each bid shall be in That on the 1 day of April, 2002, a public
an amount which shall conform to the provisions hearing will be held at 6:30 p.m. in the Public
of the notice to bidders hereby approved as a Library Auditorium at which time interested
part of the plans and specifications heretofore persons may appear and be heard for or against
adopted. the proposed plans and specifications, form of
That the City Clerk is hereby directed to contract and cost of said improvement, and the
advertise for bids for the construction of the City Clerk be and is hereby directed to cause a
improvements herein provided, to be published notice of time and place of such hearing to be
in a newspaper having general circulation in the published in a newspaper having general
City of Dubuque, Iowa, which notice shall not be circulation in the City of Dubuque, Iowa, which
less than four days nor more than forty-five days notice shall be not less than four days nor more
prior to the receipt of said bids at 2:00 p.m. on than twenty days prior to the day fixed for its
th
the 20 day of March, 2002. Bids shall be consideration. At the hearing, any interested
opened and read by the City Clerk at said time person may appear and file objections to the
and will be submitted to the Council for final proposed plans, specifications, contract, or
st
action at 6:30 p.m. on the 1 day of April, 2002. estimated cost of the improvement.
96 Regular Session, March 4, 2002
th
Passed, adopted and approved this 4 day of
March, 2002.
Terrance M. Duggan, Mayor Approved:__________________________2002
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution Adopted:___________________________2002
and set this for public hearing for 4/1/02 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish ______________________________________
notice in the manner prescribed by law. Mayor
Seconded by Nicholson. Motion carried 7-0.
______________________________________
RESOLUTION NO. 139-02
ORDERING BIDS
______________________________________
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE, ______________________________________
IOWA:
That the Chavenelle Drive Extension Project is ______________________________________
hereby ordered to be advertised for bids for
construction. ______________________________________
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in ______________________________________
an amount which shall conform to the provisions Council Members
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore Attest:
adopted.
That the City Clerk is hereby directed to ______________________________________
advertise for bids for the construction of the City Clerk
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
st
the 21 day of March, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
st
action at 6:30 p.m. on the 1 day of April, 2002.
th
Passed, adopted and approved this 4 day of
March, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
There being no further business, Buol moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 8:36
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/13
Special Session, March 5, 2002 97
carried 8-0. The meeting adjourned at 6:19
GOVERNING BOARD
p.m.
MUNICIPAL HOUSING AGENCY
/s/ Jeanne F. Schneider, CMC
OFFICIAL
City Clerk
1t 3/15
Governing Board of the Municipal Housing
Agency, March 5, 2002
Board Met at 6:15 P.M. in the Public Library
Approved:__________________________2002
Auditorium
Present: Chairperson Duggan, Members Buol,
Adopted:___________________________2002
Cline, Connors, Markham, Michalski, Nicholson,
and Danise Miller
______________________________________
Chairperson Duggan read the call and stated
Chairperson
this is a session of the Governing Board of the
Municipal Housing Agency called for the
______________________________________
purpose of discussing the Fiscal Year 2002
operating budget for the Assisted Housing
______________________________________
Programs of the Housing and Community
Development Department.
______________________________________
RESOLUTION NO. 140-02
______________________________________
APPROVING THE FISCAL YEAR 2003
OPERATING BUDGET FOR THE ASSISTED
______________________________________
HOUSING PROGRAMS OF THE HOUSING
AND COMMUNITY DEVELOPMENT DEPART-
______________________________________
MENT
Members
Whereas, the US Department of Housing and
Urban Development (HUD) has required that a
Attest:
governing board be constituted for purposes of
approving certain actions of the municipal
______________________________________
housing agency; and
City Clerk
Whereas, the City Council has duly constituted
the governing board of the municipal housing
agency of the City of Dubuque passage of
Ordinance No. 5-02; and
Whereas, passage of the operating budget for
the Assisted Housing Programs of the Housing
and Community Development Department is an
action required of the governing board; and
Whereas, the governing board has determined
that approval of the operating budget is in the
best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE GOVERNING BOARD OF THE
MUNICIPAL HOUSING AGENCY OF THE CITY
COUNCIL OF DUBUQUE, IOWA:
The operating budget for the Assisted Housing
Programs of the Housing and Community
Development Department for Fiscal Year 2003
is hereby approved.
th
Passed, approved and adopted this 5 day of
March 2002.
Terrance M Duggan, Mayor
Attest: Jeanne F Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 8-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Buol. Motion
98 Special Session, March 5, 2002
DUBUQUE
Planning Services Department – Dave Rusk
spoke in support of the downtown planning
CITY COUNCIL
process.
OFFICIAL
Housing and Community Development
PROCEEDINGS
Department - no comments.
Airport Department – no comments.
City Council, Special Session, March 5, 2002
Library Department – no comments.
Council Met at 6:30 P.M. in the Public Library
Water Department - no comments.
Auditorium
Purchase of Services - no comments.
Present: Mayor Duggan, Council Members
Emergency Communications Center - no
Buol, Cline, Connors, Markham, Michalski,
comments.
Nicholson, City Manager Michael Van Milligen,
Emergency Management - no comments.
Corporation Counsel Barry Lindahl.
Fire Department - no comments.
Health Services Department - no comments.
Mayor Duggan read the call and stated this is
Police Department - no comments.
a Special Session of the City Council called for
Capital Improvement Program – no comments.
the purpose of conducting a Public Hearing on
Michalski moved that the public hearing
the Fiscal Year 2003 Budget and Five Year
portion on the Budget be closed. Seconded by
Capital Improvement Program.
Nicholson. Motion carried 7-0.
Proofs of Publication on Notice of Public
RESOLUTION NO. 141-02
Hearing on Budget Estimate for Fiscal Year
A RESOLUTION ADOPTING THE ANNUAL
2003 and Notice of Public Hearing on Five Year
BUDGET, AS AMENDED, FOR THE FISCAL
Capital Improvement Program beginning July 1,
YEAR ENDING JUNE 30, 2003
2002 through the fiscal year ending June 30,
NOW THEREFORE, BE IT RESOLVED BY
2007, presented and read. Michalski moved
THE CITY COUNCIL OF THE CITY OF
that the proofs be received and filed. Seconded
DUBUQUE, IOWA:
by Nicholson. Motion carried 7-0.
Section 1. That the annual budget, as
amended, for the fiscal year ending June 30,
Michalski moved to suspend the rules to allow
2003, as set forth in the Adoption of Budget and
anyone present to address the Council if they so
Certification of Taxes summary and supporting
desire. Seconded by Nicholson. Motion carried
state budget forms and in the detailed budget in
7-0.
support thereof showing the revenue estimates
and appropriation expenditures and allocations
Public input and discussion on departments in
to programs and activities for said fiscal year is
the following order:
adopted, and the City Clerk is directed to make
Human Rights - no comments.
the filings required by law and to set up the
Finance Department - no comments.
books in accordance with the summary and
City Manager’s Office - no comments.
details as adopted.
th
City Council - no comments.
Passed, approved and adopted this 5 day of
City Clerk’s Office - no comments.
March 2002.
Legal Department - no comments.
Terrance M. Duggan, Mayor
Engineering Department - no comments.
Attest: Jeanne F. Schneider, City Clerk
Water Pollution Control Plant - no comments.
Buol moved adoption of the Resolution as
Operations and Maintenance Department – no
amended to include the addition of the Golf
comments.
Starter position upgrade ($310), the increased
Building Services Department - no comments.
certified lifeguard pay ($3,164), and reim-
Civic Center - no comments.
bursement for lifeguard certification and
Recreation Division – Mary Lou Baal,
recertification costs ($1,500). Seconded by
Cottingham and Butler, spoke regarding the
Markham. Carried by the following vote:
condition of the Town Clock and stating that it
Yeas—Buol, Cline, Connors, Markham,
would be in the best interest of the City to
Michalski, Nicholson. Nays—Duggan.
relocate the clock to the Town Clock Building.
Park Division - no comments.
RESOLUTION NO. 142-02
Information Services Department - no
ADOPTION OF FIVE YEAR
comments.
CAPITAL IMPROVEMENT PROGRAM
Cable TV Division - no comments.
WHEREAS, a recommended five year Capital
Economic Development Department – Rhodes
Improvement Program for the period beginning
(Bud) Isenhart addressed the Council regarding
July 1, 2002, and ending June 30, 2007, for the
the use of Tax Increment Financing.
City of Dubuque has been prepared and
Transit Division – no comments.
submitted to the City Council; and
Parking Division – no comments.
Special Session, March 5, 2002 99
WHEREAS, the five year Capital Improvement NOW, THEREFORE, BE IT RESOLVED BY
Program: (1) describes specific capital THE CITY COUNCIL OF THE CITY OF
improvement projects; (2) provides estimated DUBUQUE, IOWA:
costs for those projects; (3) proposes sources of Section 1. That the Program Year 2002 (Fiscal
funds for each of them; and (4) schedules the Year 2003)Community Development Block
year during which each project will be Grant Annual Plan attached hereto and by this
undertaken; and reference made a part hereof is hereby adopted.
WHEREAS, the capital improvement projects Section 2. That the City Manager is hereby
for the first year are included in the Fiscal Year authorized and directed to prepare and to submit
2003 budget for the City of Dubuque; and to the U.S. Department of Housing and
WHEREAS, the five year Capital Improvement Development the Program Year 2002 (Fiscal
Program will be reconsidered annually by the Year 2003) Annual Plan for the use of
City Council and appropriately revised; and Community Development Block Grant funds
WHEREAS, the adoption of the five year based on this adopted budget.
th
Capital Improvement Program is a prudent Passed, approved and adopted this 5 day of
measure to provide continuity of programs and March, 2002.
is in the best interest of the City of Dubuque. Terrance M. Duggan, Mayor
NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution.
DUBUQUE, IOWA: Seconded by Markham. Carried by the following
Section 1. That the five year Capital vote: Yeas--Buol, Cline, Connors, Markham,
Improvement Program for the period beginning Michalski, Nicholson. Nays--Duggan.
July 1, 2002, set out in the Fiscal Year 2002-
2007 Recommended Capital Improvement An Ordinance Amending the City of Dubuque
Budget, is hereby approved, and adopted as the Code of Ordinances Section 44-201(a) fixing
proposed allocation of the City resources for water rates for residential and industrial uses,
capital improvements as scheduled in the years presented and read.
shown, subject to annual review and revision.
th
OFFICAL PUBLICATION
Passed, approved and adopted this 5 day of
ORDINANCE NO. 11-02
March 2002.
AN ORDINANCE AMENDING THE CODE OF
Terrance M. Duggan, Mayor
ORDINANCES OF THE CITY OF DUBUQUE,
Attest: Jeanne F. Schneider, City Clerk
IOWA, SECTION 44-201 (a) FIXING WATER
Buol moved adoption of the Resolution.
RATES FOR RESIDENTIAL AND INDUSTRIAL
Seconded by Markham. Carried by the following
USES
vote: Yeas—Buol, Cline, Connors, Markham, .
Michalski, Nicholson. Nays—Duggan. NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL FOR THE CITY OF
RESOLUTION NO. 143-02
DUBUQUE, IOWA:
A RESOLUTION ADOPTING THE PROGRAM
Section 1. Section 44-201 (a), of the code of
YEAR 2002 (FISCAL YEAR 2003)
Ordinances, City of Dubuque, Iowa is amended
COMMUNITY DEVELOPMENT BLOCK
to read as follows:
GRANT (CDBG) ANNUAL PLAN.
*Section 44-201 (a). Residential, Commercial,
Whereas, the City of Dubuque has, through a Industrial and all other uses.
series of public meetings and hearings, finalized Commencing July 1, 2002, the rates to be
a Program Year 2002 (Fiscal Year 2003) charged for water for residential, commercial,
Community Development Block Grant Annual industrial and all other uses and purposes by
Plan addressing both housing and non-housing person, firm or corporation within the city shall
needs in the community; and be fixed and determined as follows:
Whereas, copies of the draft Program Year 2002 Monthly Consumption
(Fiscal Year 2003) CDBG Annual Plan have Change Per Hundred Cubic Feet
been available for public comment 30 days prior First 3,000 $1.53
to City Council action; and Next 12,000 $1.26
Whereas, the City's Community Development Next 35,000 $1.16
Advisory Commission has reviewed and Next 50,000 $1.04
recommended adoption of the Annual Plan; and Next 100,000 $ .90
Whereas, the City Council has held a public Rates shall be subject to the following
hearing on the proposed plan and amended the minimum monthly charge according to the size
plan to increase funding to the Historic of the meter:
Preservation Homeowner Grant program and Meter Size
reduce the contingency by $15,000. (Inches) New Charge Cubic Feet
5/8 $ 3.06 200
3/4 $ 7.65 500
100 Special Session, March 5, 2002
1 $ 12.24 800 2,200-2,400…………………………….. $31.26
1 1/2 $ 39.78 2,600 2,400-2,600…………………………….. $33.11
2 $ 66.06 4,600 2,600-2,800…………………………….. $34.96
3 $ 141.66 10,600 2,800-3,000…………………………….. $36.79
4 $ 217.98 16,800 3,000-3,500……………………………… $38.62
6 $ 449.98 36,800 Over 3,500 (for each additional 500 heads or
8 $ 733.10 62,500 fraction thereof) ………………………$ 1.85
Section 2. This ordinance shall take effect on Section 2. This ordinance shall take place on
the first day of July, 2002. the first day of July, 2002.
thth
Passed approved and adopted this 5 day of Passed, approved and adopted this 5 day of
March, 2002. March, 2002.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the Published officially in the Telegraph Herald the
thth
15 day of March, 2002. 15 day of March, 2002.
/s/Jeanne F. Schneider, City Clerk Jeanne F. Schneider, City Clerk
1t 3/15 1t 3/15
Buol moved that the requirement that a Buol moved that the requirement that a
proposed Ordinance be considered and voted proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be the meeting at which it is to be finally passed be
suspended and further moved final consi-suspended and further moved final
deration and passage of the Ordinance. consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0.
An Ordinance Amending the City of Dubuque An Ordinance Amending the City of Dubuque
Code of Ordinances Section 44-202 Fire Code of Ordinances Section 44-83(a)(2)
Sprinkler Service, presented and read. establishing the schedule of sewer rates; and
amending Section 44-83(a)(3)g. establishing the
OFFICIAL PUBLICATION
minimum sewer service charge, presented and
ORDINANCE NO. 12-02
read.
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE, OFFICIAL PUBLICATION
IOWA, SECTION 44-202 FIRE SPRINKLER ORDINANCE NO. 13-02
SERVICE. AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES
NOW, THEREFORE, BE IT ORDAINED BY
SECTION 44-83(a)(2) ESTABLISHING THE
THE CITY COUNCIL OF THE CITY OF
SCHEDULE OF SEWER RATES; AND
DUBUQUE, IOWA:
AMENDING SECTION 44-83(a)(3)g.
Section 1. Section 44-202, of the Code of
ESTABLISHING THE MINIMUM SEWER
Ordinances, City of Dubuque, Iowa is
SERVICE CHARGE
amended to read as follows:
Section 44-202. Fire Sprinkler Service. NOW, THEREFORE, BE IT ENACTED BY
Commencing July 1, 2002, customers who THE CITY COUNCIL OF THE CITY OF
have fire sprinkler services shall be billed for this DUBUQUE, IOWA, AS FOLLOWS:
service on a monthly basis. This monthly Section 1. Section 44-83(a)(2) of the City of
charge shall be included on the customer’s Dubuque Code of Ordinances is amended to
regular monthly bill for which charges are fixed read as follows:
and determined as follows: Section 44-83 Established:
Number of Heads Monthly Charges Commencing with all billings on and after July 1,
Current 2002, contributors whose property lies within the
Up to 200 (minimum monthly charge) $ 9.20 corporate limits of the City, except as otherwise
200-300................................................$11.04 provided in this Division, shall pay to the City at
300-400................................................$12.88 the same time payment for water services is
400-600................................................$14.71 made, a sewer service charge computed on
600-800................................................$16.55 water consumption on the following rates:
800-1,000.............................................$18.40 * * *
1,000-1,200............................................$20.24 (2) Schedule of Rates: Rates per each one
1,200-1,400............................................$22.07 hundred (100) cubic feet $1.59.
1,400-1,600............................................$23.92 Section 2. Section 44-83(a)(3)g of the City of
1,600-1,800............................................$25.76 Dubuque Code of Ordinances is amended to
1,800-2,000............................................$27.59 read as follows:
2,000-2,200............................................$29.44 (3) Service Charge:
Special Session, March 5, 2002 101
* * * container may be less than five (5) gallons in
g. Where the quantity of water consumed is capacity. All such containers shall be
such that the minimum is charged, the minimum waterproof and fitted with a tight lid and shall
sewer service charge, according to the size of have handles, bails, or other suitable lifting
the meter, shall be as follows: devices. Containers shall be of a type originally
Meter Size Minimum Allowance manufactured for refuse or garbage, with
(Inches) Charge (Cubic Feet) tapered sides for easy emptying, and shall be of
5/8 $ 3.17 200 lightweight and sturdy construction. The weight
3/4 $ 7.93 500 of any individual standard container and its
1 or larger $12.69 800 contents shall not exceed forty (40) pounds.
Section 3. This Ordinance shall take effect on Galvanized steel and similar metal containers,
July 1, 2002. rubber containers, and plastic containers which
th
Passed, approved and adopted this 5 day of do not become brittle in cold weather, may be
March, 2002. used. Oil or grease drums, paint cans, and
Terrance M. Duggan, Mayor similar salvaged containers shall not be used.
Attest: Jeanne F. Schneider, City Clerk Disposable bags manufactured for garbage and
Published officially in the Telegraph Herald the solid waste disposal shall be acceptable unless
th
15 day of March, 2002. they are left unattended for such a period of time
Jeanne F. Schneider, City Clerk or in such location as to become a health
1t 3/15 hazard.
Buol moved that the requirement that a Section 2. Section 40-37 (d) of the City of
proposed Ordinance be considered and voted Dubuque Code of Ordinances is hereby
on for passage at two Council Meetings prior to amended to read as follows:
the meeting at which it is to be finally passed be Sec. 40-37. Charges-Amounts; Exceptions:
suspended and further moved final (d) Special Collection: The charge for a special
consideration and passage of the Ordinance. collection service for large and bulky rubbish to
Seconded by Cline. Motion carried 7-0. each dwelling unit receiving such service when
requested by the owner shall be as follows:
An Ordinance Amending City of Dubuque A fee of eight dollars ($8.00) shall be paid to the
Code of Ordinances Chapter 40-18(b) city by the owner for each time the service is
establishing specifications for solid waste provided for up to the equivalent of six (6) cubic
containers; amending Section 40-37 establishing yards of solid waste.
charges for special collection services for large An additional fee of two dollars ($2.00) shall be
and bulky rubbish; and amending Section 40-39 paid for each additional three (3) cubic yards of
establishing fees for yard waste collection, solid waste.
presented and read. An additional fee for tires, equal to the disposal
fees charged at the Dubuque Metro Landfill,
OFFICIAL PUBLICATION
shall be paid to the city by the owner for each
ORDINANCE NO. 14-02
tire.
AN ORDINANCE AMENDING THE CITY OF
An additional fee of ten dollars ($10.00) shall
DUBUQUE CODE OF ORDINANCES SEC-
be paid to the city by the owner for the first
TION 40-18(b) ESTABLISHING SPECIFI-
appliance collected in the service.
CATIONS FOR SOLID WASTE CONTAINERS;
An additional fee of nine dollars ($9.00) shall
AMENDING SECTION 40-37 ESTABLISHING
be paid to the city by the owner for each
CHARGES FOR SPECIAL COLLECTION
additional appliance collected in the service.
SERVICES FOR LARGE AND BULKY
Section 3. Section 40-39. (d) of the City of
RUBBISH; AND AMENDING SECTION 40-39
Dubuque Code of Ordinances is hereby
ESTABLISHING FEES FOR YARD WASTE
amended to read as follows:
COLLECTION
Sec. 40-39. Yard Waste:
NOW, THEREFORE, BE IT ORDAINED BY (d) Yard waste collected by the city shall be
CITY COUNCIL OF THE CITY OF DUBUQUE, placed in degradable paper bags with an affixed
IOWA: single-use tag or in permanent waste containers
Section 1. Section 40-18 (b) of the City of with an affixed single-use tag or in permanent
Dubuque Code of Ordinances waste containers with an affixed annual yard
is hereby amended to read as follows: waste permit or be contained by tying devices
Sec. 40-18. Containers Required; approved by the city manager. The charges for
Specifications; Collection Of Noncomplying collection and disposal of “yard waste” as
Containers By City Crews: defined shall be as follows:
(b) A standard solid waste container shall be (1) The fee for tying devices approved by the
not more than thirty five (35) gallons nor be less city manager shall be one dollar and five cents
than five (5) gallons in capacity except when ($1.05) each.
only one container is used, in which case such
102 Special Session, March 5, 2002
(2) The fee paid to the city by a property owner the collection charges for class I premises are
for an annual yard waste permit for a permanent as follows:
waste container shall be twenty dollars ($20.00) When a class I premises has been vacant for a
each through June 30 of each year. The fee period not less than three (3) consecutive
shall be reduced by one-half (1/2) on July 1 of months, the owner may apply to the city
each year, and again by one-half (1/2) on manager for a credit under procedures to be
September 1 of each year. A permit shall only established by the city manager. Such credit
be used by the property owner who purchased shall continue only so long as the class I
it. premises is vacant.
(3) The fee for single-use tags shall be one (2) Class I premises when the head of the
dollar and five cents ($1.05) each. household is sixty-five (65) years of age or older
Section 4. This ordinance shall take effect and has an annual income equal to or less than
upon publication. the income standards used by HUD for its
Passed, approved and adopted this fifth day of “Section Eight (8) Housing Program” for one and
March, 2002. two (2) person households may, upon
Terrance M. Duggan, Mayor application to the city manager, be exempted
Attest: Jeanne F. Schneider, City Clerk from one-half (1/2) the established collection
Published officially in the Telegraph Herald the charge. After the initial application, annual
th
15 day of March, 2002. application shall be made by the head of
Jeanne F. Schneider, City Clerk household on July 1 of each year to verify
1t 3/15 annual income and eligibility.
Buol moved that the requirement that a (3) In cases of extreme financial hardship, the
proposed Ordinance be considered and voted city manager, may, and is hereby authorized
on for passage at two Council Meetings prior to and empowered to, make adjustments in the
the meeting at which it is to be finally passed be monthly collection charges as the city manager
suspended and further moved final may deem appropriate. In such cases, the city
consideration and passage of the Ordinance. manager shall have the authority to require such
Seconded by Cline. Motion carried 7-0. proof of vacancy, financial status, age or
extreme hardship as the city manager may
An Ordinance amending the City of Dubuque deem necessary.
Code of Ordinances Section 40-37(a) Section 2. This ordinance shall take effect on
establishing charges for the collection and the first day of July, 2002.
disposal of solid waste and recyclable materials Passed, approved and adopted this fifth day of
increasing the monthly fee from $7.50 per March, 2002.
dwelling unit per month to $8.20, presented and Terrance M. Duggan, Mayor
read. Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
th
OFFICIAL PUBLICATION
15 day of March, 2002.
ORDINANCE NO. 15-02
Jeanne F. Schneider, City Clerk
AN ORDINANCE AMENDING THE CITY OF
1t 3/15
DUBUQUE CODE OF ORDINANCES
Buol moved that the requirement that a
SECTION 40-37 (a) ESTABLISHING
proposed Ordinance be considered and voted
CHARGES FOR THE COLLECTION AND
on for passage at two Council Meetings prior to
DISPOSAL OF SOLID WASTE AND
the meeting at which it is to be finally passed be
RECYCLABLE MATERIALS INCREASING
suspended and further moved final
THE MONTHLY FEE FROM $7.50 PER
consideration and passage of the Ordinance.
DWELLING UNIT PER MONTH TO $8.20
Seconded by Cline. Motion carried 7-0.
NOW, THEREFORE, BE IT ORDAINED BY
CITY COUNCIL OF THE CITY OF DUBUQUE, An Ordinance Amending the City of Dubuque
IOWA. Code of Ordinances by repealing Section 40-36
Section 1. Section 40-37(a) of the City of providing for a limitation on the quantity of solid
Dubuque Code of Ordinances is hereby waste collected from a Class I premises; and by
amended to read as follows: amending Section 40-37 establishing fees for
Sec. 40-37, Charges-Amounts: Exceptions: the collection of solid waste from Class I, Class
Class I premises. Except as qualified below, a II and Class III premises providing for unit based
fee of eight dollars and twenty cents ($8.20) per pricing for Class I, II and III premises and
dwelling unit per month shall be paid to the city establishing charges for the collection of large
by the property owner of each class I premises and bulky rubbish, presented and read.
for such services. Said fee shall be in payment
for collection and disposal of solid waste and
recyclable materials as defined. Exceptions to
Special Session, March 5, 2002 103
OFFICIAL PUBLICATION
collection charges as the city manager may
ORDINANCE NO. 16-02
deem appropriate. In such cases, the city
AN ORDINANCE AMENDING THE CITY OF
manager shall have the authority to require such
DUBUQUE CODE OF ORDINANCES BY
proof of vacancy, financial status, age or
REPEALING SECTION 40-36 PROVIDING
extreme hardship as the city manager may
FOR A LIMITATION ON THE QUANTITY OF
deem necessary.
SOLID WASTE COLLECTED FROM A CLASS
Class I premises when a family household of
I PREMISES; AND BY AMENDING SECTION
five or more persons has an annual income
40-37 ESTABLISHING FEES FOR THE
equal to or less than the income standards used
COLLECTION OF SOLID WASTE FROM
by HUD for its “Section Eight (8) Housing
CLASS I, CLASS II AND CLASS III PREMISES
Program” for the size of that household may,
PROVIDING FOR UNIT BASED PRICING FOR
upon application to the city manager, be
CLASS I, II AND III PREMISES AND
exempted from one-half (1/2) the established
ESTABLISHING CHARGES FOR THE
collection charge. After the initial application,
COLLECTION OF LARGE AND BULKY
annual application shall be made by the head of
RUBBISH
household on July 1 of each year to verify
NOW, THEREFORE, BE IT ORDAINED BY annual income and eligibility.
CITY COUNCIL OF THE CITY OF DUBUQUE, (b) Class II Premises: A fee of seven dollars
IOWA: and twenty cents ($7.20) per month shall be
Section 1. Section 40-36 of the City of paid to the city by the property owner of each
Dubuque Code of Ordinances is hereby class II premises for such services. Said fee
repealed. shall be in payment for collection and disposal of
Section 2. Section 40-37 of the City of one (1) thirty-five (35) gallon can or one (1)
Dubuque Code of Ordinances is hereby thirty-five (35) gallon trash bag of “solid waste”
amended to read as follows: as defined. There is no limit on the number of
Sec. 40-37. Charges-Amounts; Exceptions: bins allowed to be collected containing
(a) Class I Premises: Except as qualified below, acceptable “recyclable materials” as defined.
a fee of seven dollars and twenty cents ($7.20) The owner of a class II premises served by the
per dwelling unit per month shall be paid to the city solid waste collection may provide the city
city by the property owner of each class I manager with not less than fourteen (14) days’
premises for such services. Said fee shall be in written notice of intent to terminate the service.
payment for collection and disposal of one (1) Such termination of service shall be effective at
thirty-five (35) gallon can or one (1) thirty-five the beginning of the next billing period after such
(35) gallon trash bag of “solid waste” as defined fourteen (14) day notice period.
in this chapter. (c) Class III Premises: A fee of seven dollars
There is no limit on the number of bins allowed and twenty cents ($7.20) per month shall be
to be collected containing acceptable “recyclable paid to the city by the property owner of each
materials” as defined in this chapter. Exceptions class III premises for such services. Said fee
to the collection charges for class I premises are shall be in payment for collection and disposal of
as follows: one (1) thirty-five (35) gallon can or one (1)
When a class I premises has been vacant for a thirty-five (35) gallon trash bag of “solid waste”
period not less than three (3) consecutive as defined. There is no limit on the number of
months, the owner may apply to the city bins allowed to be collected containing
manager for a credit under procedures to be acceptable “recyclable materials” as defined.
established by the city manager. Such credit The owner of a class III premises served by city
shall continue only so long as the class I solid waste collection may provide the city
premises is vacant. manager with not less than fourteen (14) days’
(2) Class I premises when the head of the written notice of intent to terminate the service.
household is sixty-five (65) years of age or older Such termination of service shall be effective at
and has an annual income equal to or less than the beginning of the next billing period after such
the income standards used by HUD for its fourteen (14) day notice period.
Class I, II or III Premises:
“section Eight (8) Housing Program” for one and (d) Unit Based
two (2) person households may, upon Pricing: Collection
application to the city manager, be exempted Options and Charges:Collection options and
class I, II
from one-half (1/2) the established collection charges under unit-based pricing for
and III
charge. After the initial application, annual premises are as follows:
application shall be made by the head of A yearly subscription for weekly collection of
household on July 1 of each year to verify an additional standard solid waste container, or
annual income and eligibility. containers, may be subscribed for an additional
(3) In cases of extreme financial hardship, the four dollars and thirty-three cents ($4.33) each
city manager, may and is hereby authorized and per month. The subscription ends each year on
empowered to, make adjustments in the monthly
104 Special Session, March 5, 2002
th
June 30. A subscription may not be cancelled customers shall only use approved rigid solid
th
before June 30. waste containers with permanent identification
(2) A three-month subscription for weekly as to the specific premises. However, for the
collection of an additional standard solid waste two weeks following Christmas excess solid
container, or containers, may be subscribed for waste may be set out in trash bags with applied
an additional four dollars and thirty-three cents City of Dubuque single-use stickers.
($4.33) each per month. The four (4) Special Collection: The charge for a special
subscription periods are July, August and collection service for large and bulky rubbish to
September; October, November and December; each dwelling unit receiving such service when
January, February and March; and, April, May requested by the owner shall be as follows:
and June. A subscription may not be cancelled. (1) A fee of eight dollars ($8.00) shall be paid
(3) Oversize, non-standard rigid solid waste to the city by the owner for each time the service
containers of up to fifty (50) gallons in capacity is provided for up to the equivalent of six (6)
may be subscribed as the one (1) container cubic yards of solid waste.
covered under the base monthly solid waste fee (2) An additional fee of two dollars ($2.00)
for an additional one dollar and eighty cents shall be paid for each additional three (3) cubic
($1.80) per month. Such containers shall be yards of solid waste.
holders for standard trash bags for manual (3) An additional fee for tires, equal to the
removal by City crews, shall not contain any disposal fees charged at the Dubuque Metro
loose material, and shall not be lifted and Landfill, shall be paid to the city by the owner for
dumped by crews. Individual trash bags held in each tire.
the oversize container shall weigh no more than (4) An additional fee of ten dollars ($10.00)
forty (40) pounds. shall be paid to the city by the owner for the first
(4) A yearly subscription for weekly collection appliance collected in the service.
of an additional oversize solid waste container, (5) An additional fee of nine dollars ($9.00)
or containers, may be subscribed for an shall be paid to the city by the owner for each
additional five dollars and fifty cents ($5.50) additional appliance collected in the service.
each per month. The subscription ends each Section 3. This ordinance shall take effect on
th
year on June 30. A subscription may not be the sixteenth day of September, 2002.
th
cancelled before June 30. Passed, approved and adopted this fifth day of
(5) A three-month subscription for weekly March, 2002.
collection of an additional oversize solid waste Terrance M. Duggan, Mayor
container, or containers, may be subscribed for Attest: Jeanne F. Schneider, City Clerk
an additional five dollars and fifty cents ($5.50) Published officially in the Telegraph Herald the
th
each per month. The four (4) subscription 15 day of March, 2002.
periods are July, August and September; Jeanne F. Schneider, CMC, City Clerk
October, November and December; January, 1t 3/15
February and March; and, April, May and June. Buol moved that the requirement that a
A subscription may not be cancelled. proposed Ordinance be considered and voted
(6) Solid waste carts, owned by the City for on for passage at two Council Meetings prior to
semi-automated lifting, may be subscribed by the meeting at which it is to be finally passed be
small business customers, or, owners and/or suspended and further moved final
property managers of multiple-family dwellings consideration and passage of the Ordinance.
of three (3), four (4), five (5), and, six (6) Seconded by Cline. Motion carried 7-0.
dwelling units. The customer shall choose the
number and size of the City carts. A subscription An Ordinance Amending the City of Dubuque
for a sixty-five (65) gallon City cart is seventeen Code of Ordinances establishing a fee for the
dollars ($17.00) each per month. A subscription redemption of seized or impounded dogs and
for a ninety-five (95) gallon City cart is twenty-cats by increasing the fee from twenty-five
five dollars ($25.00) each per month. dollars ($25.00) to thirty dollars ($30.00) and by
(7) Official City of Dubuque single-use stickers increasing the fee for a subsequent
costing one dollar five cents ($1.05) shall be impoundment of the same animal within three
applied to each additional standard solid waste hundred sixty-five days from thirty-five dollars
container or small bulky or bundled item in ($35.00) to sixty dollars ($60.00), presented and
excess of the one (1) standard solid waste read.
container collected under the base monthly solid
OFFICIAL PUBLICATION
waste fee or any additional subscribed
ORDINANCE NO. 17-02
container(s).
AN ORDINANCE AMENDING THE CITY OF
(8) Multiple-family dwellings of three (3), four
DUBUQUE CODE OF ORDINANCES
(4), five (5), and, six (6) dwelling units as well as
ESTABLISHING A FEE FOR THE
Class II or Class III premises sharing a common
REDEMPTION OF SEIZED OR IMPOUNDED
setout location with other City solid waste
Special Session, March 5, 2002 105
DOGS AND CATS BY INCREASING THE FEE
FROM TWENTY-FIVE DOLLARS ($25.00) TO
THIRTY DOLLARS ($30.00) AND BY
INCREASING THE FEE FOR A SUBSEQUENT
Approved:__________________________2002
IMPOUNDMENT OF THE SAME ANIMAL
WITHIN THREE HUNDRED SIXTY-FIVE DAYS
Adopted:___________________________2002
FROM THIRTY-FIVE DOLLARS ($35.00) TO
SIXTY DOLLARS ($60.00)
NOW, THEREFORE, BE IT ORDAINED BY ______________________________________
THE CITY COUNCIL OF THE CITY OF Mayor
DUBUQUE, IOWA:
Section 1. Section 7-23(a) of the City of ______________________________________
Dubuque Code of Ordinances is hereby
amended to read as follows: ______________________________________
Sec. 7-23. Redemption.
Except as otherwise provided, the possession ______________________________________
of any licensed dog or cat seized or impounded
pursuant to this article may be obtained by the ______________________________________
owner by paying impoundment fee of thirty
dollars ($30.00) plus the separate daily fee for ______________________________________
keeping such dog or cat each day or fraction
thereof during the time that such dog or cat is ______________________________________
impounded. Upon the second subsequent Council Members
impoundment of the same animal within three
hundred sixty-five (365) days, an impoundment Attest:
fee of sixty dollars ($60.00) shall be assessed,
plus the separate daily fee for keeping such dog ______________________________________
or cat each day or fraction thereof during the City Clerk
time which said dog or cat is impounded.
Section 2. This Ordinance shall take effect
July 1, 2002.
th
Passed, approved and adopted 5 day of
March, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Published officially in the Telegraph Herald the
th
15 day of March, 2002.
Jeanne F. Schneider, CMC City Clerk
1t 3/15
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Buol moved that the Capital Improvement
Project dealing with the Bee Branch Creek
th
Restoration from 24 Street to railroad tracks in
the amount of $11,018,000 in Fiscal Year 2005
be removed from the budget. Seconded by
Cline. Motion passed 7-0.
There being no further business, Michalski
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 7:14 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/15
106 Special Session, March 14, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, March 14, 2002
Approved:__________________________2002
Council met in special session at 5:00 p.m. in
Conference Room B, City Hall
Adopted:___________________________2002
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Michalski, Nicholson; City
Manager Michael Van Milligen
______________________________________
Absent: Council Member Markham
Mayor
Mayor Duggan read the call and stated this is
______________________________________
a special session of the City Council called for
the purpose of extending the bidding process for
______________________________________
the Mississippi Riverwalk and Amenities Project.
______________________________________
Communication from the City Manager
recommending that the receipt of bids date for
______________________________________
the Mississippi Riverwalk and Amenities Project
be extended from March 19, 2002 to April 4,
______________________________________
2002 and the award of contract date moved to
April 15, 2002, presented and read. Buol
______________________________________
moved that the communication be received and
Council Members
filed. Seconded by Nicholson. Motion carried 7-
0.
Attest:
RESOLUTION NO. 140-02
ORDERING BIDS
______________________________________
Whereas, the City Council adopted Resolution
City Clerk
No. 98-02 ordering bids to be received on March
19, 2002, for the Mississippi Riverwalk &
Amenities Project; and
Whereas, the City Council now wishes to
receive bids on April 4, 2002.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 98-02 is hereby
rescinded and a new Resolution Ordering Bids
is proposed in lieu thereof.
Section 2. That the receipt of bids for the
Mississippi Riverwalk & Amenities Project is
hereby ordered to be amended to April 4, 2002,
and the award of contract is hereby amended to
April 15, 2002.
th
Passed, approved and adopted this 14 day of
March, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
There being no further business, Michalski
moved to adjourn. Seconded by Nicholson.
Motion carried 6-0. The meeting adjourned at
5:02 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/20
Regular Session, March 18, 2002 107
Notice of Claims/Suits: Cindy Frommelt in
DUBUQUE
estimated amount of $241.72 for vehicle
damage; Fannie Stout House in estimated
CITY COUNCIL
amount of $350 for property damage; Lynn E.
OFFICIAL
Lampe in estimated amount of $862.89 for
PROCEEDINGS
vehicle damage; Marty and Linda Maas in
estimated amount of $3,243.50 for vehicle
City Council, Regular Session, March 18, 2002
damage; Kenneth and Marla Meyer in estimated
City Council met in Regular Session at 6:30
amount of $2,460.20 for property damage; Gus
P.M. in the Library Auditorium
Psihoyos in estimated amount of $597.68 for
Present: Mayor Duggan, Council Members
vehicle damage; Joan Reinholt in undetermined
Buol, Cline, Connors, Michalski, Nicholson, City
amount for personal injury; Jeanne Schneider in
Manager Michael Van Milligen, Corporation
estimated amount of $1,363.82 for vehicle
Counsel Barry Lindahl.
damage, presented and read. Buol moved that
Absent: Council Member Markham
the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
Mayor Duggan read the call and stated this is
Nicholson. Motion carried 6-0.
the regular session of the City Council called for
the purpose of acting upon such business which
Corporation Counsel advising that the
may properly come before the City Council.
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Invocation was given by Dr. Alan Crandall,
Iowa Communities Assurance Pool: Allied
Campus Chaplain, University of Dubuque.
Insurance (for Marty Maas) for vehicle damage;
Lynn E. Lampe for vehicle damage; Marla and
CONSENT ITEMS
Kenneth Meyer for property damage; Gus
Psihoyos for vehicle damage; Joan Reinholt for
Minutes Submitted: Airport Commission of
personal injury; Jeanne Schneider for vehicle
2/25; Building Code Board of Appeal of 2/28;
damage; James VanVors for personal injury;
Citizens with Disabilities Parking Review
and Jennifer Ziegler for personal injury,
Committee of 1/22; City Conference Board of
presented and read. Buol moved that the
2/11 and 3/4; City Council of 2/27 and 3/4; Civil
communications be received and filed and
Service of 2/8; Electrical Code Board of 2/27;
concurred. Seconded by Nicholson. Motion
Environmental Stewardship Advisory Com-
carried 6-0.
mission of 3/5; Five Flags Commission of 1/14;
Governing Board of the Municipal Housing
Corporation Counsel recommending denial of
Agency of 3/5; Historic Preservation
the claims of Deborah S. DeVenuta for vehicle
Commission of 2/11 and 2/21; Housing
damage, Jorja’s Restaurant for property
Commission of 2/28; Housing Commission Trust
damage, and Christine Kuhle for vehicle
Fund Committee of 2/22; Human Rights
damage, presented and read. Buol moved
Commission of 2/11 and 2/21; Long Range
that the communications be received and filed
Planning Advisory Commission of 2/20;
and concurred. Seconded by Nicholson. Motion
Mechanical Board of 3/5; Zoning Advisory
carried 6-0.
Commission of 3/6; Zoning Board of Adjustment
of 2/28, presented and read. Buol moved that
Corporation Counsel recommending
the minutes be received and filed. Seconded by
settlement of the claim of Lois Wubben in the
Nicholson. Motion carried 6-0.
amount of $88.38 for vehicle damage and
directing the Finance Director to issue the
Proofs of publication of City Council
appropriate payment, presented and read. Buol
Proceedings for 2/20, 2/21, 2/25 and 2/27; and
moved that the communication be received and
List of Claims and Summary of Revenues for
filed and concurred with recommendation and
Month Ending January 31, 2002, presented and
directed the Finance Director to issue proper
read. Buol moved that the proofs be received
payment. Seconded by Nicholson. Motion
and filed. Seconded by Nicholson. Motion
carried 6-0.
carried 6-0.
Iowa Department of Transportation:
Finance Director submitting the Financial
Communication from Mark F. Wandro, Director
Reports for the month ending February 28,
of the Iowa Department of Transportation,
2002, presented and read. Buol moved that the
acknowledging receipt of Mayor Duggan’s letter
communication be received and filed. Seconded
regarding Iowa 32, presented and read. Buol
by Nicholson. Motion carried 6-0.
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
0.
108 Regular Session, March 18, 2002
Communication from Donna Smith, Chair of Hillcrest Family Services Continuum of Care
the Dubuque County Board of Supervisors, to Project – Notice of No Significant Impact: City
Mark Wandro, Iowa Department of Manager recommending approval of a combined
Transportation, regarding the future of Iowa 32 notice of no significant impact on the
(Southwest Arterial), presented and read. Buol environment and notice of intent to request
moved that the communication be received and release of funds for the Hillcrest Family Services
filed. Seconded by Nicholson. Motion carried 6-Continuum of Care Project, presented and read.
0. Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
Legislative Correspondence: carried 6-0.
Communication of City Manager Michael C.
RESOLUTION NO. 145-02
Van Milligen to area legislators regarding the
A RESOLUTION AUTHORIZING PUBLICA-
recent State budget proposal which eliminates
TION OF A COMBINED NOTICE OF FINDING
funding for aviation and the programs that have
OF NO SIGNIFICANT IMPACT ON THE
been administered by the Iowa DOT Office of
ENVIRONMENT AND NOTICE OF INTENT TO
Aviation and the negative impact it would have
REQUEST RELEASE OF FUNDS FOR
on the City of Dubuque, presented and read.
HILLCREST FAMILY SERVICES CONTINUUM
Buol moved that the communication be received
OF CARE PROJECT
and filed. Seconded by Nicholson. Motion .
carried 6-0. Whereas, the Hillcrest Family Services has
Communication of City Manager Michael C. received a Supportive Housing Program (SHP)
Van Milligen to area legislators urging them to grant from the U.S. Department of Housing and
resist any efforts to further erode the use of Tax Urban Development, and
Increment Financing in the State of Iowa Whereas, pursuant to the rules and regulations
(Senate File 2284), presented and read. Buol as promulgated by the U.S. Department of
moved that the communication be received and Housing and Urban Development, an
filed. Seconded by Nicholson. Motion carried 6-environmental review has been processed for
0. the Hillcrest Family Services Continuum of Care
Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct., project; and
Dubuque, spoke of the specifics of Tax Whereas, based on said environmental review,
Increment Financing and its effect on other the Department of Housing and Community
taxing entities. Development has determined that said project
Communication of City Manager Michael C. will have no significant impact on the
Van Milligen to area legislators urging them to environment; and
support a comprehensive property tax study bill Whereas, a combined notice of " Finding of No
(Senate File 2284), presented and read. Buol Significant Impact on the Environment" and of
moved that the communication be received and "Intent to Request Release of Funds" for said
filed. Seconded by Nicholson. Motion carried 6-project will be sent by regular mail to various
0. federal, state and local public agencies; to the
Communication of City Manager Michael C. appropriate Regional Office of the
Van Milligen to area legislators requesting their Environmental Protection Agency, to the HUD
support of an appropriation for the Brownfield Area Office and to the local news media,
Redevelopment Fund, presented and read. individuals and groups known to be interested
Buol moved that the communication be received and believed to be appropriate to receive such a
and filed. Seconded by Nicholson. Motion notice; and
carried 6-0. Whereas, any and all comments received as a
Communication of City Manager Michael C. result of such notice will be duly considered
Van Milligen to area legislators requesting that before proceeding with a Request for Release of
they not support the Construction Management Funds and Certification.
Bill (Senate File 2292) as it will severely hinder NOW, THEREFORE, BE IT RESOLVED BY
cities undertaking public improvements, THE CITY COUNCIL OF THE CITY OF
presented and read. Buol moved that the DUBUQUE, IOWA:
communication be received and filed. Seconded Section 1. That the City Clerk be and is hereby
by Nicholson. Motion carried 6-0. authorized and directed to publish a combined
Communication of City Manager Michael C. Notice of Finding of No Significant Impact on the
Van Milligen to area legislators regarding Environment and Notice of Intent to Request
Chapter 411 of the Municipal Fire and Police Release of Funds for the Hillcrest Family
Retirement System of Iowa, presented and read. Services Continuum of Care project and to make
Buol moved that the communication be received the Environmental Review Record for said
and filed. Seconded by Nicholson. Motion project available for public inspection and
carried 6-0. comment until 5:00 p.m. on April 8, 2002. Such
Regular Session, March 18, 2002 109
notice shall be in the form of Exhibit "A" attached Whereas, said plat of survey has been
hereto and made a part hereof. examined by the Zoning Advisory Commission
Section 2. That the environmental review and had its approval endorsed thereon; and
record for the project shall be placed on file in Whereas, said plat of survey has been
the Office of the City Clerk where said record examined by the City Council and they find that
may be examined and copied by any interested it conforms to the statutes and ordinances
party. relating thereto.
Section 3. That the Mayor of the City of NOW THEREFORE, BE IT RESOLVED BY
Dubuque is hereby authorized and directed to THE CITY COUNCIL OF THE CITY OF
submit to the U.S. Department of Housing and DUBUQUE, IOWA:
Urban Development fifteen (15) days after Section 1. That Section 42-19(b) of the
publication of appropriate notice a Request for Subdivision Regulations is waived to allow Lot 3
Release of Funds to undertake the said project. with 0 feet of lot frontage, where 50 feet is
Section 4. That the Mayor of the City of required.
Dubuque is hereby authorized to consent to Section 2. That the plat of survey Lots 1, 2 & 3
assume the status of a responsible federal of A. H. Oeth Subdivision No. 5 is hereby
official under the National Environmental approved, and the Mayor and City Clerk are
Protection Act, insofar as the provisions of the hereby authorized and directed to endorse the
said Act apply to the U.S. Department of approval of the City of Dubuque, Iowa upon said
Housing and Urban Development final plat.
responsibilities for review, decision making, and Passed, approved and adopted this 18th day
action assumed and carried out by the City of of March 2002.
Dubuque as to environmental issues. Terrance M. Duggan, Mayor
Section 5. That the Mayor of the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque is hereby authorized to consent Buol moved adoption of the Resolution.
personally, in his official capacity and on behalf Seconded by Nicholson. Motion carried 6-0.
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to Final Plat for Davis Place II: Zoning Advisory
enforce responsibilities in relation to Commission recommending approval of the
environmental review, decision-making and minor final plat for Davis Place II to facilitate
action. construction of a 19-unit rooming and boarding
Section 6. That the Mayor of the City of house on Lot 2 (511 – 515 Garfield Avenue),
Dubuque be and he is hereby authorized and presented and read. Buol moved that the
directed to execute a certification pertaining to communication be received and filed. Seconded
the environmental review procedures. by Nicholson. Motion carried 6-0.
th
Passed, approved and adopted this 18 day of
RESOLUTION NO. 147-02
March 2002.
RESOLUTION APPROVING THE FINAL PLAT
Terrance M. Duggan, Mayor
OF DAVIS PLACE II IN THE CITY OF
Attest: Jeanne F. Schneider, City Clerk
DUBUQUE, IOWA.
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0. Whereas, there has been filed with the City
Clerk a Final Plat of Davis Place II in the City of
A.H. Oeth Subdivision No. 5 – Plat of Survey: Dubuque, Iowa; and
Zoning Advisory Commission recommending Whereas, said plat of survey has been
approval of the Plat of Survey of Lots 1, 2 and 3 examined by the Zoning Advisory Commission
of A.H. Oeth Subdivision No. 5, presented and and had its approval endorsed thereon; and
read. Buol moved that the communication be Whereas, said plat of survey has been
received and filed. Seconded by Nicholson. examined by the City Council and they find that
Motion carried 6-0. it conforms to the statutes and ordinances
relating thereto.
RESOLUTION NO. 146-02
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION APPROVING THE PLAT OF
THE CITY COUNCIL OF THE CITY OF
SURVEY OF LOTS 1, 2 & 3 OF A.H. OETH
DUBUQUE, IOWA:
SUBDIVISION NO. 5 IN THE CITY OF
Section 1. That the Final Plat Davis Place II is
DUBUQUE, IOWA.
hereby approved, and the Mayor and City Clerk
Whereas, there has been filed with the City are hereby authorized and directed to endorse
Clerk a Plat of Survey of Lots 1, 2 & 3 of A. H. the approval of the City of Dubuque, Iowa upon
Oeth Subdivision No. 5 in the City of Dubuque, said final plat.
Iowa; and Passed, approved and adopted this 18th day
Whereas, said plat provides Lot 3 with 0 feet of of March 2002.
lot frontage, where 50 feet is required by Section Terrance M. Duggan, Mayor
42-19(b) of the Subdivision Regulations; and Attest: Jeanne F. Schneider, City Clerk
110 Regular Session, March 18, 2002
Buol moved adoption of the Resolution. at the expense of said City of Dubuque for public
Seconded by Nicholson. Motion carried 6-0. outdoor recreational use.
4. That no financial assistance has been given
Land and Water Conservation Fund Grant or promised under any other federal program or
Application for Harvest View Estates Park: City activity with regard to the proposed project.
Manager recommending approval of the 5. That it will not discriminate against any
submission of a Land and Water Conservation person on the basis of race, color, or natural
Fund Grant Application for Harvest View Estates origin in the use of any property or failure
Park, presented and read. Buol moved that the acquired or developed pursuant to this proposal,
communication be received and filed. Seconded and shall comply with the terms and intent of the
by Nicholson. Motion carried 6-0. Title VI of the Civil Rights Act of 1964, P.L. 88-
352 (1964) and of the regulations promulgated
Section II – Application pursuant to such Act by the Secretary of the
LAND AND WATER CONSERVATION FUND
Interior and contained in 43 CFR 17.
PROJECT PROPOSAL
6. That it will maintain adequate financial
RESOLUTION NO. 148-02
records on the proposed project to substantiate
RESOLUTION ON ACQUISITION OR
claims for cost-sharing.
DEVELOPMENT
THIS IS TO CERTIFY that the foregoing is a
FOR OUTDOOR RECREATION
true and correct copy of a resolution duly and
County: Dubuque legally adopted by the City of Dubuque at a legal
th
Whereas, the City of Dubuque is interested in meeting held on this 18 day of March, 2002.
acquiring lands or developing outdoor Terrance M. Duggan, Mayor
recreational facilities on the following described Attest: Jeanne F. Schneider, City Clerk
project for the enjoyment of the citizenry of Buol moved adoption of the Resolution.
Dubuque and the State Iowa. Seconded by Nicholson. Motion carried 6-0.
Project Title: Harvest View Park
Total Estimated Cost: $121,500 Collective Bargaining Agreement with the
Brief Description of Project: The project Amalgamated Transit Union: City Manager
includes the development of a playground, recommending approval of a one year
landscaping amenities and a sidewalk in a newly agreement between the City of Dubuque and the
developed subdivision in the City of Dubuque. Amalgamated Transit Union, Local #329,
And, Land and Water Conservation Fund presented and read. Buol moved that the
financial assistance is required for the communication be received and filed. Seconded
acquisition or development of said outdoor by Nicholson. Motion carried 6-0.
recreational facilities.
RESOLUTION NO. 149-02
NOW THEREFORE, BE IT RESOLVED BY
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA THAT THE
THE CITY OF DUBUQUE, IOWA, AND THE
PROJECT DESCRIBED ABOVE BE
AMALGAMATED TRANSIT UNION, LOCAL
AUTHORIZED.
#329 AND AUTHORIZING THE MAYOR TO
AND, be it further resolved that said City of
SIGN THE AGREEMENT
Dubuque make application to the Iowa
Department of Natural Resources to seek Land Whereas, the Sixty-Fifth General Assembly
and Water Conservation Fund financial adopted the Public Employment Relations Act,
assistance from the National Park Service in the Chapter 20, Code of Iowa; and
amount of 42% of the actual cost of the project Whereas, the City of Dubuque is a public
in behalf of said City of Dubuque employer within the meaning of Section 3 (1) of
AND, be it further resolved that said City of the Public Employment Relations Act; and
Dubuque certifies to the following: Whereas, the Amalgamated Transit Union,
1. That it will accept the terms and conditions Local #329 is an employee organization within
set forth in the NPS Grants-in-Aid Manual and the meaning of Section 3 (4) of the Public
which will be a part of the Project Agreement for Employment Relations Act; and
any grant awarded under the attached proposal. Whereas, the Amalgamated Transit Union,
2. That it is in complete accord with the Local #329 submitted a request to bargain
attached proposal and that it will carry out the collectively on behalf of the employees within its
acquisition and/or development in the manner representation; and
described in the proposal and any plans and Whereas, bargaining between the parties has
specifications attached thereto unless prior occurred and an agreement has been
approval for any change has been received from concluded.
the Iowa Department of Natural Resources. NOW, THEREFORE, BE IT RESOLVED BY
3. That it has the ability and intention to THE CITY COUNCIL OF THE CITY OF
finance its share of the cost of the project and DUBUQUE, IOWA:
that the project will be operated and maintained
Regular Session, March 18, 2002 111
Section 1. That the terms of the agreement be permit to the Corps of Engineers for completion
approved and the Mayor authorized and directed of the permit process.
th
to sign the collective bargaining agreement. Passed, approved and adopted this 18 day of
Passed, approved and adopted this 18th day March, 2002.
of March, 2002. Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor 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 Nicholson. Motion carried 6-0.
Seconded by Nicholson. Motion carried 6-0.
Center Grove Storm Sewer Reconstruction
Corps of Engineers Construction Permit: City Project – Acceptance: City Manager
Manager recommending approval to execute a recommending acceptance of the Center Grove
Corps of Engineers construction permit to allow Storm Sewer Reconstruction Project as
the Peavey Company to construct a river completed by Horsfield Construction in the final
terminal dock facility in the Peosta Channel, contract amount of $88,664.25, presented and
presented and read. Buol moved that the read. Buol moved that the communication be
communication be received and filed. Seconded received and filed. Seconded by Nicholson.
by Nicholson. Motion carried 6-0. Motion carried 6-0.
RESOLUTION NO. 150-02 RESOLUTION NO. 151-02
RESOLUTION AUTHORIZING EXECUTION OF ACCEPTING IMPROVEMENT
THE CORPS OF ENGINEERS PERMIT FOR
Whereas, the contract for the Center Grove
CONSTRUCTION OF A RIVER TERMINAL
Storm Sewer Project has been completed and
DOCK FACILITY IN THE PEOSTA CHANNEL
the City Manager has examined the work and
Whereas, the City of Dubuque and the Peavey filed his certificate stating that the same has
Company have negotiated a lease re-been completed according to the terms of the
assignment to relocate Peavey’s operations to contract, plans and specifications and
th
the 12 Street Extension Commercial District; recommends its acceptance.
and NOW THEREFORE, BE IT RESOLVED BY
Whereas, the terms of the proposed lease THE CITY COUNCIL OF THE CITY OF
agreement require the City to work with the DUBUQUE, IOWA:
Peavey Company and the Corps of Engineers to Section 1. That the recommendation of the
obtain a permit to construct a dock terminal in City Manager be approved and that said
the Peosta Channel for the use of the Peavey improvement be and the same is hereby
Company; and accepted.
Whereas, the Peavey Company proposes to BE IT FURTHER RESOLVED that the City
construct a 21-foot diameter sheet pile load cell Treasurer be and he is hereby directed to pay to
dock and four (4) mooring pile clusters within the the contractor from the Fiscal Year 2001
Peosta Channel riverbank toe of slope; and General Fund and the General Storm
Whereas, environmental concerns regarding Construction Fund in amount equal to the
the existence of freshwater mussels at the amount of this contract, less any retained
proposed site will require relocation of any percentage provided for therein.
th
mussels in the construction area, as required by Passed, approved and adopted this 18 day of
the Federal Endangered Species Act of 1973; March, 2002.
and Terrance M. Duggan, Mayor
Whereas, the City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque approves the terms and conditions of Buol moved adoption of the Resolution.
the Corps of Engineers Permits, including the Seconded by Nicholson. Motion carried 6-0.
relocation requirements for any freshwater
RESOLUTION NO. 152-02
mussels found in the construction area.
FINAL ESTIMATE
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Whereas, the contract for the Center Grove
DUBUQUE, IOWA: Storm Sewer Project has been completed and
Section 1. That the City Council approves the the City Engineer has submitted his final
terms and conditions of the attached permit from estimate showing the cost thereof including the
the Corps of Engineers for the Peavey cost of estimates, notices and inspection and all
Company’s construction of a river terminal dock miscellaneous costs;
facility in the Peosta Channel. NOW THEREFORE, BE IT RESOLVED BY
Section 2. That the City Manager be THE CITY COUNCIL OF THE CITY OF
authorized and directed to execute the permit on DUBUQUE, IOWA:
behalf of the City of Dubuque and to forward the Section 1. That the cost of said improvement
is hereby determined to be $101,268.42 and the
112 Regular Session, March 18, 2002
said amount shall be paid from the Fiscal Year Section 1. That the cost of said improvement
2001 General Fund and the General Storm is hereby determined to be $317,179.26 and the
Sewer Construction Fund of the City of said amount shall be paid from the General
Dubuque, Iowa. Storm Sewer Construction Fund of the City of
th
Passed, approved and adopted this 18 day of Dubuque, Iowa.
th
March, 2002. Passed, approved and adopted this 18 day of
Terrance M. Duggan, Mayor March, 2002.
Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk
Seconded by Nicholson. Motion carried 6-0. Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Jackson Street Relief Storm Sewer
Construction Project – Acceptance: City Northwest Arterial Basin Modifications Project
Manager recommending acceptance of the (Phase I) – Acceptance: City Manager
Jackson Street Relief Storm Sewer Construction recommending acceptance of the Northwest
Project as completed by Portzen Construction in Arterial Basin Modification Project (Phase I), as
the final contract amount of $288,472.48, completed by Horsfield Construction in the final
presented and read. Buol moved that the contract amount of $175,573.79, presented and
communication be received and filed. Seconded read. Buol moved adoption of the Resolution.
by Nicholson. Motion carried 6-0. Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 153-02 RESOLUTION NO. 155-02
ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT
Whereas, the contract for the Jackson Street Whereas, the contract for the Northwest
Relief Storm Sewer Project has been completed Arterial Detention Basin Modification Project
and the City Manager has examined the work (Phase I) has been completed and the City
and filed his certificate stating that the same has Manager has examined the work and filed his
been completed according to the terms of the certificate stating that the same has been
contract, plans and specifications and completed according to the terms of the
recommends its acceptance. contract, plans and specifications and
NOW THEREFORE, BE IT RESOLVED BY recommends its 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 General Storm Sewer Treasurer be and he is hereby directed to pay to
Construction Fund in amount equal to the the contractor from the Fiscal Year 1999
amount of this contract, less any retained General Fund in amount equal to the amount of
percentage provided for therein. this contract, less any retained percentage
th
Passed, approved and adopted this 18 day of provided for therein.
th
March, 2002. Passed, approved and adopted this 18 day of
Terrance M. Duggan, Mayor March, 2002.
Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk
Seconded by Nicholson. Motion carried 6-0. Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 154-02
FINAL ESTIMATE RESOLUTION NO. 156-02
FINAL ESTIMATE
Whereas, the contract for the Jackson Street
Relief Storm Sewer Project has been completed Whereas, the contract for the Northwest
and the City Engineer has submitted his final Arterial Detention Basin Modification Project
estimate showing the cost thereof including the (Phase I) has been completed and the City
cost of estimates, notices and inspection and all Engineer has submitted his final estimate
miscellaneous costs; showing the cost thereof including the cost of
NOW THEREFORE, BE IT RESOLVED BY estimates, notices and inspection and all
THE CITY COUNCIL OF THE CITY OF miscellaneous costs;
DUBUQUE, IOWA:
Regular Session, March 18, 2002 113
NOW THEREFORE, BE IT RESOLVED BY Enterprise Zone Agreement between the Iowa
THE CITY COUNCIL OF THE CITY OF Department of Economic Development, City of
DUBUQUE, IOWA: Dubuque, and Cottingham and Butler Insurance
Section 1. That the cost of said improvement Services, Inc., related to the rehabilitation of the
is hereby determined to be $201,909.86 and the Town Clock Building at 835 Main Street,
said amount shall be paid from the Fiscal Year presented and read. Buol moved that the
1999 General Fund of the City of Dubuque, communication be received and filed. Seconded
Iowa. by Nicholson. Motion carried 6-0.
th
Passed, approved and adopted this 18 day of
RESOLUTION NO. 158-02
March, 2002.
RESOLUTION APPROVING AN ENTERPRISE
Terrance M. Duggan, Mayor
ZONE AGREEMENT BY AND AMONG THE
Attest: Jeanne F. Schneider, City Clerk
IOWA DEPARTMENT OF ECONOMIC
Buol moved adoption of the Resolution.
DEVELOPMENT, THE CITY OF DUBUQUE
Seconded by Nicholson. Motion carried 6-0.
AND COTTINGHAM & BUTLER INSURANCE
SERVICE, INC.
Economic Development Administration Grant
Application: City Manager recommending Whereas, the City of Dubuque has established
approval of a pre-application to the Economic two Enterprise Zones and an Enterprise Zone
Development Administration for a $2 million Commission; and
grant for acquisition of the Adams Company Whereas, the Enterprise Zone Commission on
property, presented and read. Buol moved that November 15, 2001 approved the application of
the communication be received and filed. Cottingham & Butler Insurance Service, Inc. for
Seconded by Nicholson. Motion carried 6-0. Enterprise Zone benefits; and
Whereas, Cottingham & Butler's application
RESOLUTION NO. 157-02
was approved by the Iowa Department of
A RESOLUTION AUTHORIZING THE FILING
Economic Development on January 16, 2002;
OF A PREAPPLICATION TO THE ECONOMIC
and
DEVELOPMENT ADMINISTRATION
Whereas, the Iowa Department of Economic
Whereas, the City Council of Dubuque has Development has prepared and submitted for
approved a Master Plan for the Port of Dubuque; City Council approval an agreement relating to
and Enterprise Zone benefits for Cottingham &
Whereas, the City Council of Dubuque, Iowa is Butler, a copy of which is attached hereto and by
committed to the acquisition and assembly of this reference made a part hereof; and
properties in the Port of Dubuque to implement Whereas, the City Council finds that the
the Master Plan; and proposed agreement is acceptable and
Whereas, the Economic Development necessary to the growth and development of the
Administration (EDA) has funding available to city.
assist the City of Dubuque in the redevelopment NOW THEREFORE, BE IT RESOLVED BY
of the Port of Dubuque; and THE CITY COUNCIL OF THE CITY OF
Whereas, a Preapplication has been prepared DUBUQUE, IOWA:
for EDA funding; Section 1. That the Iowa Department of
NOW, THEREFORE, BE IT RESOLVED BY Economic Development Enterprise Zone (EZ)
THE CITY COUNCIL OF THE CITY OF Program Agreement, Number 2002-EZ-01, is
DUBUQUE, IOWA: hereby approved.
Section 1. That the filing of the Preapplication Section 2. That the Mayor is hereby
for $2 million of EDA assistance is hereby authorized and directed to execute the
approved. Agreement on behalf of the City of Dubuque and
Section 2. That the Mayor is hereby authorized forward the executed copy to the Iowa
to execute, and the City Manager is hereby Department of Economic Development for their
directed to submit said Preapplication to the approval.
Economic Development Administration together Passed, approved and adopted this 18th day
with other attachments as may be required. of March, 2002.
Passed, approved, and adopted this 18th day Terrance M. Duggan, Mayor
of March 2002. Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 6-0.
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0. Civil Service Commission:
Civil Service Commission submitting the
Cottingham and Butler Insurance Services, certified list for the position of Engineering
Inc. – Enterprise Zone Agreement: City Assistant I, presented and read.
Manager recommending approval of an
114 Regular Session, March 18, 2002
March 8, 2002 the maintenance of records, registration of
Honorable Mayor and Members of the City certificates and payment of principal and interest
Council in connection with the issuance of the Bonds;
In accordance with Chapter 400 of the 2001 and
Code of Iowa, an examination for the position of WHEREAS, this Council has deemed that the
Engineering Assistant I was given. This exam services offered by Wells Fargo Bank Iowa,
was evaluated by City staff and final scoring National Association of Des Moines, Iowa, are
approved. necessary for compliance with rules, regulations,
We hereby certify that the following individuals and requirements governing the registration,
have passed this written examination and the transfer and payment of registered Bonds; and
vacancy for this position should be made from WHEREAS, a Paying Agent, Bond Registrar
this list. We further state that this list is good for and Transfer Agent Agreement (hereafter
two (2) years from above date. "Agreement") has been prepared to be entered
ENGINEERING ASSISTANT I into between the City and Wells Fargo Bank
Brian J. Gallagher Douglas J. Hirsch Iowa, National Association.
Jingxi Li Steven J. Lueck NOW, THEREFORE, BE IT RESOLVED BY
Dean R. Mattoon Hugh R. McCarron THE CITY COUNCIL OF DUBUQUE, IOWA:
Joseph M. Morgan Adrian Orr Section 1. That Wells Fargo Bank Iowa,
Rongjuan Yang Douglas Bauers National Association of Des Moines, Iowa, is
Walter J. Kowdrysh Carol N. Shafer hereby appointed to serve as Paying Agent,
Clifford N. Ryan Suresa Nadarajah Bond Registrar and Transfer Agent in
Respectfully submitted, connection with the issuance of $1,000,000
/s/ Merle Duehr, Chairperson General Obligation Bonds, Series 2002B, dated
/s/ Loras Kluesner March 1, 2002.
/s/ Richard Wertzberger Section 2. That the Agreement with Wells
Civil Service Commission Fargo Bank Iowa, National Association of Des
Buol moved that the above Civil Service Moines, Iowa, is hereby approved and that the
certification be received and filed and made a Mayor and Clerk are authorized to sign the
matter of record. Seconded by Nicholson. Agreement on behalf of the City.
Motion carried 6-0. Passed, approved and adopted this 18th day
of March, 2002.
Urban Deer Management Program: Copy of a Terrance M. Duggan, Mayor
media release providing a report on the 2001 – Attest: Jeanne F. Schneider, City Clerk
2002 Urban Deer Management Program, Buol moved adoption of the Resolution.
presented and read. Buol moved that the Seconded by Nicholson. Motion carried 6-0.
communication be received and filed. Seconded
RESOLUTION NO. 160-02
by Nicholson. Motion carried 6-0.
RESOLUTION AUTHORIZING AND PROVI-
DING FOR THE ISSUANCE OF $1,000,000
General Obligation Bonds to Support Main
GENERAL OBLIGATION BONDS, SERIES
Street Project: City Manager recommending the
2002B, AND LEVYING A TAX TO PAY SAID
issuance of $1,000,000 General Obligation
BONDS
Bonds, Series 2002B in support of the Main
Street construction project, presented and read. WHEREAS, the Issuer is duly incorporated,
Buol moved that the communication be received organized and exists under and by virtue of the
and filed. Seconded by Nicholson. Motion laws and Constitution of the State of Iowa; and
carried 6-0. WHEREAS, the Issuer is in need of funds to
pay costs of construction and reconstruction of
RESOLUTION NO. 159-02
street, sidewalk, utility and streetscape
RESOLUTION APPOINTING WELLS FARGO
improvements relating to the opening of Main
BANK IOWA, NATIONAL ASSOCIATION OF
Street from 5th to 9th Streets, an essential
DES MOINES, IOWA, TO SERVE AS PAYING
corporate purpose, and it is deemed necessary
AGENT, BOND REGISTRAR, AND
and advisable that General Obligation Bonds in
TRANSFER AGENT, APPROVING THE
the amount of $1,000,000 be issued for said
PAYING AGENT AND BOND REGISTRAR
purpose; and
AND TRANSFER AGENT AGREEMENT AND
WHEREAS, pursuant to notice published as
AUTHORIZING THE EXECUTION OF THE
required by Section 384.25 of said Code, this
AGREEMENT
Council has held a public meeting and hearing
WHEREAS, pursuant to the provisions of upon the proposal to institute proceedings for
Chapter 75 of the Code of Iowa, $1,000,000 the issuance of said Bonds, and the Council is
General Obligation Bonds, Series 2002B, dated therefore now authorized to proceed with the
March 1, 2002, have been sold at public sale issuance of said Bonds; and
and action should now be taken to provide for
Regular Session, March 18, 2002 115
WHEREAS, pursuant to the provisions of ‚
"Registrar" shall mean Wells Fargo Bank Iowa,
Chapter 75 of the Code of Iowa, the above
National Association of Des Moines, Iowa, or
mentioned Bonds were heretofore sold at public
such successor as may be approved by Issuer
sale and action should now be taken to issue
as provided herein and who shall carry out the
said Bonds conforming to the terms and
duties prescribed herein with respect to
conditions of the best bid received at the
maintaining a register of the owners of the
advertised public sale:
Bonds. Unless otherwise specified, the
NOW, THEREFORE, BE IT RESOLVED BY
Registrar shall also act as Transfer Agent for the
THE COUNCIL OF THE CITY OF DUBUQUE,
Bonds.
IOWA:
‚
"Representation Letter" shall mean the Blanket
Section 1. Definitions. The following terms
Issuer Letter of Representations executed and
shall have the following meanings in this
delivered by the Issuer to DTC.
Resolution unless the text expressly or by
‚
"Tax Exemption Certificate" shall mean the
necessary implication requires otherwise:
Tax Exemption Certificate executed by the
‚
"Authorized Denominations" shall mean
Treasurer and delivered at the time of issuance
$5,000 or any integral multiple thereof.
and delivery of the Bonds.
‚
"Beneficial Owner" shall mean the person in
‚
"Treasurer" shall mean the City Treasurer or
whose name such Bond is recorded as the
such other officer as shall succeed to the same
beneficial owner of a Bond by a Participant on
duties and responsibilities with respect to the
the records of such Participant or such person's
recording and payment of the Bonds issued
subrogee.
hereunder.
‚
"Bonds" shall mean $1,000,000 General
Section 2. Levy and Certification of Annual
Obligation Bonds, Series 2002B, authorized to
Tax; Other Funds to be Used.
be issued by this Resolution.
(a) Levy of Annual Tax. That for the purpose of
‚
"Cede & Co." shall mean Cede & Co., the providing funds to pay the principal and interest
nominee of DTC, and any successor nominee of of the Bonds hereinafter authorized to be issued,
DTC with respect to the Bonds. there is hereby levied for each future year the
‚following direct annual tax on all of the taxable
"Continuing Disclosure Certificate" shall mean
property in Dubuque, Iowa, to-wit:
that certain Continuing Disclosure Certificate
FISCAL YEAR (JULY 1 TO JUNE 30)
executed by the Issuer and dated the date of
AMOUNT YEAR OF COLLECTION:
issuance and delivery of the Bonds, as originally
$ 75,560 2002/2003
executed and as it may be amended from time
78,848 2003/2004
to time in accordance with the terms thereof.
82,535 2004/2005
‚
"Depository Bonds" shall mean the Bonds as
81,035 2005/2006
issued in the form of one global certificate for
79,535 2006/2007
each maturity, registered in the Registration
82,935 2007/2008
Books maintained by the Registrar in the name
81,135 2008/2009
of DTC or its nominee.
79,335 2009/2010
‚
"DTC" shall mean The Depository Trust
82,490 2010/2011
Company, New York, New York, a limited
80,390 2011/2012
purpose trust company, or any successor book-
83,240 2012/2013
entry securities depository appointed for the
80,820 2013/2014
Bonds.
83,345 2014/2015
‚
"Issuer" and "City" shall mean the City of
80,585 2015/2016
Dubuque, Iowa.
82,765 2016/2017
‚
"Participants" shall mean those broker-dealers,
84,645 2017/2018
banks and other financial institutions for which
81,215 2018/2019
DTC holds Bonds as securities depository.
82,750 2019/2020
‚
"Paying Agent" shall mean Wells Fargo Bank
84,000 2020/2021
Iowa, National Association, or such successor
(NOTE: For example the levy to be made and
as may be approved by Issuer as provided
certified against the taxable valuations of
herein and who shall carry out the duties
January 1, 2002, will be collected during the
prescribed herein as Issuer's agent to provide
fiscal year commencing July 1, 2003).
for the payment of principal of and interest on
(b) Resolution to be Filed With County
the Bonds as the same shall become due.
Auditor. A certified copy of this Resolution
‚
"Project Fund" shall mean the fund required to
should be filed with the County Auditor of
be established by this Resolution for the deposit
Dubuque County, Iowa, and said Auditor is
of the proceeds of the Bonds.
hereby instructed in and for each of the years as
‚
"Rebate Fund" shall mean the fund so defined
provided, to levy and assess the tax hereby
in and established pursuant to the Tax
authorized in Section 2 of this Resolution, in like
Exemption Certificate.
manner as other taxes are levied and assessed,
116 Regular Session, March 18, 2002
and such taxes so levied in and for each of the provided under Chapter 12C of the Code of
years aforesaid be collected in like manner as Iowa, 2001, as amended or otherwise by a valid
other taxes of the City are collected, and when pledge of direct obligations of the United States
collected be used for the purpose of paying Government having an equivalent market value.
principal and interest on said Bonds issued in All such interim investments shall mature before
anticipation of said tax, and for no other purpose the date on which the moneys are required for
whatsoever. payment of principal of or interest on the Bonds
(c) Additional City Funds Available. Principal as herein provided.
and interest coming due at any time when the Section 6. Bond Details, Execution and
proceeds of said tax on hand shall be insufficient Redemption.
to pay the same shall be promptly paid when (a) Bond Details. General Obligation Bonds,
due from current funds of the City available for Series 2002B, of the City in the amount of
that purpose and reimbursement shall be made $1,000,000, shall be issued pursuant to the
from such special fund in the amounts thus provisions of Sections 384.24 and 384.25 of the
advanced. City Code of Iowa for the aforesaid purpose.
Section 3. Bond Fund. Said tax shall be The Bonds shall be designated "GENERAL
collected each year at the same time and in the OBLIGATION BOND, SERIES 2002B", be dated
same manner as, and in addition to, all other March 1, 2002, and bear interest from the date
taxes in and for the City, and when collected thereof, until payment thereof, at the office of the
they shall be converted into a special fund within Paying Agent, said interest payable on
the Debt Service Fund to be known as the December 1, 2002, and semiannually thereafter
"GENERAL OBLIGATION BOND FUND 2002B on the lst day of June and December in each
NO. ONE" (the "Bond Fund"), which is hereby year until maturity at the rates hereinafter
pledged for and shall be used only for the provided.
payment of the principal of and interest on the The Bonds shall be executed by the manual or
Bonds hereinafter authorized to be issued; and facsimile signature of the Mayor and attested by
also there shall be apportioned to said fund its the manual or facsimile signature of the Clerk,
proportion of taxes received by the City from and impressed or printed with the seal of the
railway, express, telephone and telegraph City and shall be fully registered as to both
companies and other taxes assessed by the principal and interest as provided in this
Iowa State Department of Revenue. Resolution; principal, interest and premium, if
Section 4. Application of Bond Proceeds. any, shall be payable at the office of the Paying
Proceeds of the Bonds other than accrued Agent by mailing of a check to the registered
interest except as may be provided below shall owner of the Bond. The Bonds shall be in the
be credited to the Project Fund and expended denomination of $5,000 or multiples thereof.
therefrom for the purposes of issuance. Any The Bonds shall mature and bear interest as
amounts on hand in the Project Fund shall be follows:
available for the payment of the principal of or Interest Principal Maturity
interest on the Bonds at any time that other Rate Amount June 1st
funds shall be insufficient to the purpose, in 3.000% $20,000 2003
which event such funds shall be repaid to the 3.750 35,000 2004
Project Fund at the earliest opportunity. Any 3.750 40,000 2005
balance on hand in the Project Fund and not 3.750 40,000 2006
immediately required for its purposes may be 4.000 40,000 2007
invested not inconsistent with limitations 4.000 45,000 2008
provided by law or this Resolution. Accrued 4.000 45,000 2009
interest, if any, shall be deposited in the Bond 4.100 45,000 2010
Fund. 4.200 50,000 2011
Section 5. Investments of Bond Fund 4.300 50,000 2012
Proceeds. All moneys held in the Bond Fund, 4.400 55,000 2013
provided for by Section 3 of this Resolution shall 4.500 55,000 2014
be invested in investments permitted by Chapter 4.600 60,000 2015
12B, Code of Iowa, 2001 (formerly Chapter 452, 4.700 60,000 2016
Code of Iowa, as amended) or deposited in 4.800 65,000 2017
financial institutions which are members of the 4.900 70,000 2018
Federal Deposit Insurance Corporation and the 4.950 70,000 2019
deposits in which are insured thereby and all 5.000 75,000 2020
such deposits exceeding the maximum amount 5.000 80,000 2021
insured from time to time by FDIC or its (b) Redemption. Bonds maturing after June
equivalent successor in any one financial 1, 2010 may be called for redemption by the
institution shall be continuously secured in Issuer and paid before maturity on said date or
compliance with the State Sinking Fund any date thereafter, from any funds regardless
Regular Session, March 18, 2002 117
of source, in whole or from time to time in part, The Issuer and the Paying Agent may treat
in any order of maturity and within an annual DTC or its nominee as, and deem DTC or its
maturity by lot. The terms of redemption shall nominee to be, the absolute owner of each Bond
be par, plus accrued interest to date of call. for the purpose of payment of the principal of,
Thirty days' notice of redemption shall be premium, if any, and interest on such Bond, for
given by first class mail to the registered owner the purpose of all other matters with respect to
of the Bond. Failure to give such notice by mail such Bond, for the purpose of registering
to any registered owner of the Bonds or any transfers with respect to such Bonds, and for all
defect therein shall not affect the validity of any other purposes whatsoever (except for the
proceedings for the redemption of the Bonds. giving of certain Bondholder consents, in
All bonds or portions thereof called for accordance with the practices and procedures of
redemption will cease to bear interest after the DTC as may be applicable thereto). The Paying
specified redemption date, provided funds for Agent shall pay all principal of, premium, if any,
their redemption are on deposit at the place of and interest on the Bonds only to or upon the
payment. order of the Bondholders as shown on the
If selection by lot within a maturity is required, Registration Books, and all such payments shall
the Registrar shall designate the bonds to be be valid and effective to fully satisfy and
redeemed by random selection of the names of discharge the Issuer's obligations with respect to
the registered owners of the entire annual the principal of, premium, if any, and interest on
maturity until the total amount of bonds to be the Bonds to the extent so paid.
called has been reached. Notwithstanding the provisions of this Resolution
Section 7. Issuance of Bonds in Book-Entry to the contrary (including without limitation those
Form; Replacement Bonds. provisions relating to the surrender of Bonds,
(a) Notwithstanding the other provisions of this registration thereof, and issuance in Authorized
Resolution regarding registration, ownership, Denominations), as long as the Bonds are
transfer, payment and exchange of the Bonds, Depository Bonds, full effect shall be given to
unless the Issuer determines to permit the the Representation Letter and the procedures
exchange of Depository Bonds for Bonds in the and practices of DTC thereunder, and the
Authorized Denominations, the Bonds shall be Paying Agent shall comply therewith.
issued as Depository Bonds in denominations of (c) Upon (i) a determination by the Issuer that
the entire principal amount of each maturity of DTC is no longer able to carry out its functions
Bonds (or, if a portion of said principal amount is or is otherwise determined unsatisfactory, or
prepaid, said principal amount less the prepaid (ii) a determination by DTC that the Bonds are
amount); and such Depository Bonds shall be no longer eligible for its depository services or
registered in the name of Cede & Co., as (iii) a determination by the Paying Agent that
nominee of DTC. Payment of semi-annual DTC has resigned or discontinued its services
interest for any Depository Bond shall be made for the Bonds, the Issuer shall (A) designate a
by wire transfer or New York Clearing House or satisfactory substitute depository as set forth
equivalent next day funds to the account of below or, if a satisfactory substitute is not found,
Cede & Co. on the interest payment date for the (B) provide for the exchange of Depository
Bonds at the address indicated in or pursuant to Bonds for replacement Bonds in Authorized
the Representation Letter. Denominations.
(b) With respect to Depository Bonds, neither (d) If the Issuer determines to provide for the
the Issuer nor the Paying Agent shall have any exchange of Depository Bonds for Bonds in
responsibility or obligation to any Participant or Authorized Denominations, the Issuer shall so
to any Beneficial Owner. Without limiting the notify the Paying Agent and shall provide the
immediately preceding sentence, neither the Registrar with a supply of executed
Issuer nor the Paying Agent shall have any unauthenticated Bonds to be so exchanged.
responsibility or obligation with respect to (i) the The Registrar shall thereupon notify the owners
accuracy of the records of DTC or its nominee or of the Bonds and provide for such exchange,
of any Participant with respect to any ownership and to the extent that the Beneficial Owners are
interest in the Bonds, (ii) the delivery to any designated as the transferee by the owners, the
Participant, any Beneficial Owner or any other Bonds will be delivered in appropriate form,
person, other than DTC or its nominee, of any content and Authorized Denominations to the
notice with respect to the Bonds, (iii) the Beneficial Owners, as their interests appear.
payment to any Participant, any Beneficial (e) Any substitute depository shall be
Owner or any other person, other than DTC or designated in writing by the Issuer to the Paying
its nominee, of any amount with respect to the Agent. Any such substitute depository shall be a
principal of, premium, if any, or interest on the qualified and registered "clearing agency" as
Bonds, or (iv) the failure of DTC to provide any provided in Section 17A of the Securities
information or notification on behalf of any Exchange Act of 1934, as amended. The
Participant or Beneficial Owner. substitute depository shall provide for
118 Regular Session, March 18, 2002
(i) immobilization of the Depository Bonds, accordance with the provisions of this
(ii) registration and transfer of interests in Resolution.
Depository Bonds by book entries made on (d) Ownership. As to any Bond, the person in
records of the depository or its nominee and whose name the ownership of the same shall be
(iii) payment of principal of, premium, if any, and registered on the Registration Books of the
interest on the Bonds in accordance with and as Registrar shall be deemed and regarded as the
such interests may appear with respect to such absolute owner thereof for all purposes, and
book entries. payment of or on account of the principal of any
Section 8. Registration of Bonds; Appointment such Bonds and the premium, if any, and
of Registrar; Transfer; Ownership; Delivery; and interest thereon shall be made only to or upon
Cancellation. the order of the registered owner thereof or his
(a) Registration. The ownership of Bonds legal representative. All such payments shall be
may be transferred only by the making of an valid and effectual to satisfy and discharge the
entry upon the books kept for the registration liability upon such Bond, including the interest
and transfer of ownership of the Bonds, and in thereon, to the extent of the sum or sums so
no other way. Wells Fargo Bank Iowa, National paid.
Association is hereby appointed as Bond (e) Cancellation. All Bonds which have been
Registrar under the terms of this Resolution and redeemed shall not be reissued but shall be
under the provisions of a separate agreement cancelled by the Registrar. All Bonds which are
with the Issuer filed herewith which is made a cancelled by the Registrar shall be destroyed
part hereof by this reference. Registrar shall and a certificate of the destruction thereof shall
maintain the books of the Issuer for the be furnished promptly to the Issuer; provided
registration of ownership of the Bonds for the that if the Issuer shall so direct, the Registrar
payment of principal of and interest on the shall forward the cancelled Bonds to the Issuer.
Bonds as provided in this Resolution. All Bonds (f) Non-Presentment of Bonds. In the event
shall be negotiable as provided in Article 8 of the any payment check representing payment of
Uniform Commercial Code and Section 384.31 principal of or interest on the Bonds is returned
of the Code of Iowa, subject to the provisions for to the Paying Agent or if any bond is not
registration and transfer contained in the Bonds presented for payment of principal at the
and in this Resolution. maturity or redemption date, if funds sufficient to
(b) Transfer. The ownership of any Bond may pay such principal of or interest on Bonds shall
be transferred only upon the Registration Books have been made available to the Paying Agent
kept for the registration and transfer of Bonds for the benefit of the owner thereof, all liability of
and only upon surrender thereof at the office of the Issuer to the owner thereof for such interest
the Registrar together with an assignment duly or payment of such Bonds shall forthwith cease,
executed by the holder or his duly authorized terminate and be completely discharged, and
attorney in fact in such form as shall be thereupon it shall be the duty of the Paying
satisfactory to the Registrar, along with the Agent to hold such funds, without liability for
address and social security number or federal interest thereon, for the benefit of the owner of
employer identification number of such such Bonds who shall thereafter be restricted
transferee (or, if registration is to be made in the exclusively to such funds for any claim of
name of multiple individuals, of all such whatever nature on his part under this
transferees). In the event that the address of Resolution or on, or with respect to, such
the registered owner of a Bond (other than a interest or Bonds. The Paying Agent's obligation
registered owner which is the nominee of the to hold such funds shall continue for a period
broker or dealer in question) is that of a broker equal to two years and six months following the
or dealer, there must be disclosed on the date on which such interest or principal became
Registration Books the information pertaining to due, whether at maturity, or at the date fixed for
the registered owner required above. Upon the redemption thereof, or otherwise, at which time
transfer of any such Bond, a new fully registered the Paying Agent, shall surrender any remaining
Bond, of any denomination or denominations funds so held to the Issuer, whereupon any
permitted by this Resolution in aggregate claim under this Resolution by the Owners of
principal amount equal to the unmatured and such interest or Bonds of whatever nature shall
unredeemed principal amount of such be made upon the Issuer.
transferred fully registered Bond, and bearing (g) Registration and Transfer Fees. The
interest at the same rate and maturing on the Registrar may furnish to each owner, at the
same date or dates shall be delivered by the Issuer's expense, one bond for each annual
Registrar. maturity. The Registrar shall furnish additional
(c) Registration of Transferred Bonds. In all bonds in lesser denominations (but not less than
cases of the transfer of the Bonds, the Registrar the minimum denomination) to an owner who so
shall register, at the earliest practicable time, on requests.
the Registration Books, the Bonds, in
Regular Session, March 18, 2002 119
Section 9. Reissuance of Mutilated, Destroyed, Counsel, concerning the validity and legality of
Stolen or Lost Bonds. In case any outstanding all the Bonds proposed to be issued.
Bond shall become mutilated or be destroyed, Section 12. Right to Name Substitute Paying
stolen or lost, the Issuer shall at the request of Agent or Registrar. Issuer reserves the right to
Registrar authenticate and deliver a new Bond name a substitute, successor Registrar or
of like tenor and amount as the Bond so Paying Agent upon giving prompt written notice
mutilated, destroyed, stolen or lost, in exchange to each registered bondholder.
and substitution for such mutilated Bond to Section 13. Form of Bond. Bonds shall be
Registrar, upon surrender of such mutilated printed in substantial compliance with standards
Bond, or in lieu of and substitution for the Bond proposed by the American Standards Institute
destroyed, stolen or lost, upon filing with the substantially in the form as follows:
Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer
or its agent may prescribe and paying such
expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall
be made to the registered holder thereof or to
their designated agent as the same appear on
the books of the Registrar on the 15th day
preceding the payment date. All such payments
shall fully discharge the obligations of the Issuer
in respect of such Bonds to the extent of the
payments so made. Payment of principal shall
only be made upon surrender of the Bond to the
Paying Agent.
Section 11. Execution, Authentication and FIGURE 1 (Front)
Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute
and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to
or upon order of the Purchaser.
No Bond shall be valid or obligatory for any
purpose or shall be entitled to any right or
benefit hereunder unless the Registrar shall duly
endorse and execute on such Bond a Certificate
of Authentication substantially in the form of the
Certificate herein set forth. Such Certificate upon
any Bond executed on behalf of the Issuer shall
be conclusive evidence that the Bond so
authenticated has been duly issued under this
Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered
by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer
authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the
Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or FIGURE 2
upon the order of the Purchaser upon payment (Back)
of the purchase price as set forth therein; The text of the Bonds to be located thereon at
3. The approving opinion of Ahlers, Cooney, the item numbers shown shall be as follows:
Dorweiler, Haynie, Smith & Allbee, P.C., Bond Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
120 Regular Session, March 18, 2002
"CITY OF DUBUQUE" PLEDGE OR OTHER USE HEREOF FOR
"GENERAL OBLIGATION BOND, SERIES VALUE OR OTHERWISE BY OR TO ANY
2002B" PERSON IS WRONGFUL inasmuch as the
Item 2, figure 1 = Rate: registered owner hereof, Cede & Co., has an
interest herein.
Item 3, figure 1 = Maturity: Bonds maturing after June 1, 2010 may be
called for redemption by the Issuer and paid
Item 4, figure 1 = Bond Date: March 1, 2002 before maturity on said date or any date
Item 5, figure 1 = Cusip No.: thereafter, from any funds regardless of source,
Item 6, figure 1 = "Registered" in whole or from time to time in part, in any order
Item 7, figure 1 = Certificate No. of maturity and within an annual maturity by lot.
Item 8, figure 1 = Principal Amount: $ The terms of redemption shall be par, plus
accrued interest to date of call.
Item 9, figure 1 = The City of Dubuque, Thirty days' notice of redemption shall be
Iowa, a municipal corporation organized and given by first class mail to the registered owner
existing under and by virtue of the Constitution of the Bond. Failure to give such notice by mail
and laws of the State of Iowa (the "Issuer"), for to any registered owner of the Bonds or any
value received, promises to pay from the source defect therein shall not affect the validity of any
and as hereinafter provided, on the maturity date proceedings for the redemption of the Bonds.
indicated above, to All bonds or portions thereof called for
Item 9A, figure 1 = (Registration panel to be redemption will cease to bear interest after the
completed by Registrar or Printer with name of specified redemption date, provided funds for
Registered Owner). their redemption are on deposit at the place of
Item 10, figure 1 = or registered assigns, the payment.
principal sum of (principal amount written out) If selection by lot within a maturity is required,
THOUSAND DOLLARS in lawful money of the the Registrar shall designate the bonds to be
United States of America, on the maturity date redeemed by random selection of the names of
shown above, only upon presentation and the registered owners of the entire annual
surrender hereof at the office of Wells Fargo maturity until the total amount of bonds to be
Bank Iowa, National Association, Paying Agent called has been reached.
of this issue, or its successor, with interest on Ownership of this Bond may be transferred
said sum from the date hereof until paid at the only by transfer upon the books kept for such
rate per annum specified above, payable on purpose by Wells Fargo Bank Iowa, National
December 1, 2002, and semiannually thereafter Association, the Registrar. Such transfer on the
on the 1st day of June and December in each books shall occur only upon presentation and
year. surrender of this Bond at the office of the
Interest and principal shall be paid to the Registrar as designated below, together with an
registered holder of the Bond as shown on the assignment duly executed by the owner hereof
records of ownership maintained by the or his duly authorized attorney in the form as
Registrar as of the 15th day preceding such shall be satisfactory to the Registrar. Issuer
interest payment date. Interest shall be reserves the right to substitute the Registrar and
computed on the basis of a 360-day year of Paying Agent but shall, however, promptly give
twelve 30-day months. notice to registered bondholders of such
This Bond is issued pursuant to the provisions change. All bonds shall be negotiable as
of Sections 384.24 and 384.25 of the City Code provided in Article 8 of the Uniform Commercial
of Iowa, for the purpose of paying costs of Code and Section 384.31 of the Code of Iowa,
construction and reconstruction of street, subject to the provisions for registration and
sidewalk, utility and streetscape improvements transfer contained in the Bond Resolution.
relating to the opening of Main Street from 5th to This Bond is a "qualified tax-exempt
9th Streets, in conformity to a Resolution of the obligation" designated by the City for purposes
Council of said City duly passed and approved. of Section 265(b)(3)(B) of the Internal Revenue
Unless this certificate is presented by an Code of 1986.
authorized representative of The Depository And it is hereby represented and certified that all
Trust Company, a limited purpose trust company acts, conditions and things requisite, according
("DTC"), to the Issuer or its agent for registration to the laws and Constitution of the State of Iowa,
of transfer, exchange or payment, and any to exist, to be had, to be done, or to be
certificate issued is registered in the name of performed precedent to the lawful issue of this
Cede & Co. or such other name as requested by Bond, have been existent, had, done and
an authorized representative of DTC (and any performed as required by law; that provision has
payment is made to Cede & Co. or to such other been made for the levy of a sufficient continuing
entity as is requested by an authorized annual tax on all the taxable property within the
representative of DTC), ANY TRANSFER, territory of the Issuer for the payment of the
Regular Session, March 18, 2002 121
principal and interest of this Bond as the same GUARANTEED)
will respectively become due; that the faith, IMPORTANT - READ CAREFULLY
credit, revenues and resources and all the real The signature(s) to this Power must
and personal property of the Issuer are correspond with the name(s) as written upon the
irrevocably pledged for the prompt payment face of the certificate(s) or bond(s) in every
hereof, both principal and interest; and the total particular without alteration or enlargement or
indebtedness of the Issuer including this Bond, any change whatever. Signature guarantee
does not exceed the constitutional or statutory must be provided in accordance with the
limitations. prevailing standards and procedures of the
IN TESTIMONY WHEREOF, the Issuer by its Registrar and Transfer Agent. Such standards
Council, has caused this Bond to be signed by and procedures may require signature to be
the manual signature of its Mayor and attested guaranteed by certain eligible guarantor
by the manual signature of its City Clerk, with institutions that participate in a recognized
the seal of said City impressed hereon, and to signature guarantee program.
be authenticated by the manual signature of an INFORMATION REQUIRED FOR
authorized representative of the Registrar, Wells REGISTRATION OF TRANSFER
Fargo Bank Iowa, National Association, Des Name of Transferee(s)
Moines, Iowa. Address of Transferee(s)
Item 11, figure 1 = Date of authentication: Social Security or Tax
Item 12, figure 1 = Identification Number of
This is one of the Bonds described in the Transferee(s)
within mentioned Resolution, as registered by Transferee is a(n):
Wells Fargo Bank Iowa, National Association. Individual* Corporation
WELLS FARGO BANK IOWA, NATIONAL Partnership Trust
ASSOCIATION, Registrar *If the Bond is to be registered in the names of
By: multiple individual owners, the names of all such
Authorized Signature owners and one address and social security
Item 13, figure 1 = Registrar and Transfer number must be provided.
Agent: The following abbreviations, when used in the
Wells Fargo Bank Iowa, National Association inscription on the face of this Bond, shall be
Paying Agent: Wells Fargo Bank Iowa, National construed as though written out in full according
Association to applicable laws or regulations:
Wells Fargo Bank Minnesota, N.A. TEN COM - as tenants in common
Corporate Trust Operations TEN ENT - as tenants by the entireties
MAC N9303-121 JT TEN - as joint tenants with right of
P. O. Box 1517 survivorship and not as tenants in common
Minneapolis, MN 55480 IA UNIF TRANS MIN ACT -
SEE REVERSE FOR CERTAIN DEFINITIONS .......Custodian............
Item 14, figure 1 = (Seal) (Cust) (Minor)
Item 15, figure 1 = [Signature Block] under Iowa Uniform Transfers to Minors Act....
CITY OF DUBUQUE, IOWA (State)
By: (manual signature) ADDITIONAL ABBREVIATIONS MAY
Mayor ALSO BE USED THOUGH NOT IN THE
ATTEST: By: (manual signature)___ ABOVE LIST
City Clerk Section 14. Contract Between Issuer and
Item 16, figure 2 = [Assignment Block] Purchaser. This Resolution constitutes a
[Information Required for Registration] contract between said City and the purchaser of
ASSIGNMENT the Bonds.
For value received, the undersigned hereby Section 15. Non-Arbitrage Covenants. The
sells, assigns and transfers unto ____________ Issuer reasonably expects and covenants that
(Social Security or Tax Identification No. no use will be made of the proceeds from the
) the within Bond and does hereby irrevocably issuance and sale of the Bonds issued
constitute and appoint attorney in hereunder which will cause any of the Bonds to
fact to transfer the said Bond on the books kept be classified as arbitrage bonds within the
for registration of the within Bond, with full power meaning of Sections 148(a) and (b) of the
of substitution in the premises. Internal Revenue Code of the United States, as
Dated . amended, and that throughout the term of the
Bonds it will comply with the requirements of
(Person(s) executing this Assignment sign(s) statutes and regulations issued thereunder.
here) To the best knowledge and belief of the Issuer,
SIGNATURE ) there are no facts or circumstances that would
materially change the foregoing statements or
122 Regular Session, March 18, 2002
the conclusion that it is not expected that the Certificate); (d) pay to the United States, as
proceeds of the Bonds will be used in a manner necessary, such sums of money representing
that would cause the Bonds to be arbitrage required rebates of excess arbitrage profits
bonds. Without limiting the generality of the relating to the Bonds; (e) file such forms,
foregoing, the Issuer hereby agrees to comply statements and supporting documents as may
with the provisions of the Tax Exemption be required and in a timely manner; and (f) if
Certificate and the provisions of the Tax deemed necessary or advisable by its officers,
Exemption Certificate are hereby incorporated to employ and pay fiscal agents, financial
by reference as part of this Resolution. The advisors, attorneys and other persons to assist
Treasurer is hereby directed to make and insert the Issuer in such compliance.
all calculations and determinations necessary to Section 19. Amendment of Resolution to
complete the Tax Exemption Certificate in all Maintain Tax Exemption. This Resolution may
respects and to execute and deliver the Tax be amended without the consent of any owner of
Exemption Certificate at issuance of the Bonds the Bonds if, in the opinion of bond counsel,
to certify as to the reasonable expectations and such amendment is necessary to maintain tax
covenants of the Issuer at that date. exemption with respect to the Bonds under
Section 16. Severability Clause. If any applicable Federal law or regulations.
section, paragraph, clause or provision of this Section 20. Qualified Tax-Exempt Obligations.
Resolution be held invalid, such invalidity shall For the sole purpose of qualifying the Bonds as
not affect any of the remaining provisions "Qualified Tax-Exempt Obligations" pursuant to
hereof, and this Resolution shall become the Internal Revenue Code of the United States,
effective immediately upon its passage and the Issuer designates the Bonds as qualified
approval. tax-exempt obligations and represents that the
Section 17. Continuing Disclosure. The Issuer reasonably anticipated amount of tax-exempt
hereby covenants and agrees that it will comply governmental and Code Section 501(c)3
with and carry out all of the provisions of the obligations which will be issued during the
Continuing Disclosure Certificate, and the current calendar year will not exceed Ten (10)
provisions of the Continuing Disclosure Million Dollars.
Certificate are hereby incorporated by reference Section 21. Repeal of Conflicting Resolutions
as part of this Resolution and made a part or Ordinances. That all ordinances and
hereof. Notwithstanding any other provision of resolutions and parts of ordinances and
this Resolution, failure of the Issuer to comply resolutions in conflict herewith are hereby
with the Continuing Disclosure Certificate shall repealed.
not be considered an event of default under this Passed, approved and adopted this 18th day
Resolution; however, any holder of the Bonds or of March, 2002.
Beneficial Owner may take such actions as may Terrance M. Duggan, Mayor
be necessary and appropriate, including seeking Attest: Jeanne F. Schneider, City Clerk
specific performance by court order, to cause SEAL
the Issuer to comply with its obligations under Buol moved adoption of the Resolution.
the Continuing Disclosure Certificate. For Seconded by Nicholson. Motion carried 6-0.
purposes of this section, "Beneficial Owner"
means any person which (a) has the power, Business Licenses:
directly or indirectly, to vote or consent with
RESOLUTION NO. 161-02
respect to, or to dispose of ownership of, any
Bond (including persons holding Bonds through Whereas, applications for Beer Permits have
nominees, depositories or other intermediaries), been submitted and filed to this Council for
or (b) is treated as the owner of any Bonds for approval and the same have been examined
federal income tax purposes. and approved: and
Section 18. Additional Covenants, Whereas, the premises to be occupied by
Representations and Warranties of the Issuer. such applicants were inspected and found to
The Issuer certifies and covenants with the comply with the Ordinances of the City and have
purchasers and holders of the Bonds from time filed proper bonds.
to time outstanding that the Issuer through its NOW, THEREFORE, BE IT RESOLVED BY
officers, (a) will make such further specific THE CITY COUNCIL OF THE CITY OF
covenants, representations and assurances as DUBUQUE, IOWA:
may be necessary or advisable; (b) comply with That the Manager be authorized to cause to be
all representations, covenants and assurances issued the following named applicants a Beer
contained in the Tax Exemption Certificate, Permit.
which Tax Exemption Certificate shall constitute CLASS “C’ BEER PERMIT
a part of the contract between the Issuer and the Arcon, Inc Arby’s Q Mart+
owners of the Bonds; (c) consult with bond (Sunday Sales) 10 Main St
counsel (as defined in the Tax Exemption
Regular Session, March 18, 2002 123
th
Passed, approved and adopted this 18 day of Nicholson moved that the following item be
March, 2002, removed from the table. Seconded by Michalski.
Terrance M. Duggan, Mayor Motion carried 6-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Rezoning Request of Dennis and Lori Ansel
Seconded by Nicholson. Motion carried 6-0. (Tabled on 2/4/02): Proof of publication on
notice of hearing to consider rezoning property
RESOLUTION NO. 162-02
located at 2001 Rockdale Road from R-1 Single
Whereas, applications for Liquor Licenses Family Residential District and C-2
have been submitted to this Council for approval Neighborhood Commercial District to CS
and the same have been examined and Commercial Service and Wholesale District and
approved; and Zoning Advisory Commission recommending
Whereas, the premises to be occupied by such denial of the rezoning and an Ordinance
applicants were inspected and found to comply Amending Appendix A (the Zoning Ordinance) of
with the State Laws and all City Ordinances the City of Dubuque Code of Ordinances by
relevant thereto and they have filed proper reclassifying hereinafter described property
bonds. located at 2001 Rockdale Road from R-1 Single
NOW, THEREFORE, BE IT RESOLVED BY Family District and C-1 Neighborhood
THE CITY COUNCIL OF THE CITY OF Commercial District to CS Commercial Service
DUBUQUE, IOWA: and Wholesale District, presented and read.
That the Manager be authorized to cause to be Brenda Sullivan, representing the Ansel’s,
issued the following named applicants a Liquor spoke in favor of the rezoning and gave the
License. history of the building.
CLASSC BEER/LIQUOR LICENSE John White, 1777 Palm Ct., representing
@@
Windmills of America LLC Windmills+ Michelle Malone, spoke objecting to the
proposed request.
(Sunday Sales) 2155 South Park Ct
Penny Skinner spoke in support of the
Neighbor’s Tap Neighbor’s Tap
rezoning.
899 Rockdale Rd
Mrs. Joseph Dolter, 2025 Rockdale, spoke in
City of Dubuque Bunker Hill Golf+
(Sunday/Outdoor Sales) 2200 Bunker Hill Rd support of the rezoning.
Fraternal Order of Eagles Eagles Club # 568+ Janet White, 2033 Rockdale Rd., spoke
(Sunday Sales) 1175 Century Dr objecting to the rezoning to commercial,
Dubuque Racing Assoc. Dubuque Greyhound stressing a concern about the devaluation of
property.
Park/Casino 1855 Greyhound Park
Nicholson moved that the proof,
+ (Sunday/Outdoor Service)
communication and Ordinance be received and
Passed, approved and adopted this 18th day
filed and concur with the recommended denial.
of March, 2002.
Seconded by Buol. Vote on the motion was:
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Yeas—Nicholson, Buol. Nays—Duggan, Cline,
Buol moved adoption of the Resolution. Connors, Michalski. Motion failed 2-4.
Seconded by Nicholson. Motion carried 6-0.
Rezoning Request of Greater Dubuque
Development Corporation/Kirchoff Realty:
BOARDS/COMMISSIONS
Proof of publication on notice of hearing to
consider amending the PUD Planned Unit
Appointments to the following Commission:
Development with a PI Planned Industrial
Community Development Advisory Commission:
Three vacancies – Census Tract 2; Census designation to allow primary signs to identify
Tract 5 (term of Dan Shireman); At-Large (term products or services, and to permit a maximum
of Walter Pregler). Applicants: Census Tract 5 of five primary signs per lot or premises in the
- Dan Shireman; At-Large – Walter Pregler. Dubuque Industrial Center as requested by the
Greater Dubuque Development Corporation /
Michalski moved that Dan Shireman and Walter
Kirchoff Family Realty and Zoning Advisory
Pregler be reappointed to three year terms
Commission recommending approval, presented
which will expire 2-15-05. Seconded by
and read. Buol moved that the proof and
Nicholson. Motion carried 6-0.
communication be received and filed. Seconded
PUBLIC HEARINGS by Nicholson. Motion carried 6-0.
Nicholson moved that the rules be suspended Dan McDonald of the Greater Dubuque
Development Corp. spoke in support of this
to allow anyone present to speak. Seconded by
request.
Michalski. Motion carried 6-0.
124 Regular Session, March 18, 2002
An Ordinance Amending Appendix A (The Published officially in the Telegraph Herald
th
Zoning Ordinance) of the City of Dubuque Code newspaper this 25 day of March, 2002.
of Ordinances by repealing Sections E(4)(C)(1) Jeanne F. Schneider, City Clerk
and E(4)(C)(2) of Ordinance 69-98 and enacting 1t 3/25
new Sections E(4)(C)(1) and E(4)(C)(2) in lieu Buol moved that the requirement that a
thereof pertaining to on-premise primary signage proposed Ordinance be considered and voted
of the PI Planned Industrial District for Dubuque on for passage at two Council Meetings prior to
Industrial Center, presented and read. the meeting at which it is to be finally passed be
suspended and further moved final
OFFICIAL PUBLICATION
consideration and passage of the Ordinance.
ORDINANCE NO. 18-02
Seconded by Nicholson. Motion carried 6-0.
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
Text Amendment – City of Dubuque: Proof of
DUBUQUE CODE OF ORDINANCES BY
publication on notice of hearing to consider
REPEALING SECTIONS E(4)(C)(1) AND
amending the Zoning Ordinance to allow off-
E(4)(C)(2) OF ORDINANCE 69-98 AND
street parking lots for churches and schools as a
ENACTING NEW SECTIONS E(4)(C)(1) AND
conditional use as requested by the City of
E(4)(C)(2) IN LIEU THEREOF PERTAINING TO
Dubuque and the Zoning Advisory Commission
ON-PREMISE PRIMARY SIGNAGE OF THE PI
recommending approval, presented and read.
PLANNED INDUSTRIAL DISTRICT FOR
Buol moved that the proof and communication
DUBUQUE INDUSTRIAL CENTER.
be received and filed. Seconded by Michalski.
Whereas, Ordinance 69-98 was adopted on Motion carried 6-0.
November 2, 1998 by the City Council amending
the PI Planned Industrial District for Dubuque An Ordinance Amending Appendix A (the
Industrial Center; and Zoning Ordinance) of the City of Dubuque Code
Whereas, Kirchhoff Family Realty, LC, 5035 of Ordinances by amending Section 3-1.1(D)(3),
Chavenelle Road, has requested an amendment 3-1.2(D)(4) and 3-1.3(D)(5) Conditional Uses for
to the PUD Ordinance regulating on-premise the R-1 Single-Family Residential District, R-2
signage allowed in the PI Planned Industrial Two-Family Residential District and the R-2A
District for Dubuque Industrial Center. Alternate Two-Family Residential District to
NOW, THEREFORE, BE IT ORDAINED BY allow off-street parking lots for adjacent schools
THE CITY COUNCIL OF THE CITY OF and churches as a conditional use, presented
DUBUQUE, IOWA: and read.
Section 1. That Appendix A (The Zoning
OFFICIAL PUBLICATION
Ordinance) is hereby amended by repealing
ORDINANCE NO. 19-02
Sections E(4)(C)(1) and E(4)(C)(2) of Ordinance
AN ORDINANCE AMENDING APPENDIX A
69-98 and enacting new Sections E(4)(C)(1) and
(THE ZONING ORDINANCE) OF THE CITY OF
E(4)(C)(2) in lieu thereof, as follows:
DUBUQUE CODE OF ORDINANCES
Allowable content
E(4)(C)(1): . Sign, messages
AMENDING SECTION 3-1.1(D)(3), 3-1.2(D)(4)
and graphics shall be limited to the following
AND 3-1.3(D)(5) CONDITIONAL USES FOR
contents:
THE R-1 SINGLE-FAMILY RESIDENTIAL
Primary Sign
DISTRICT, R-2 TWO-FAMILY RESIDENTIAL
Identification of company name
DISTRICT AND THE R-2A ALTERNATE TWO-
Identification of company products or services
FAMLY RESIDENTIAL DISTRICT TO ALLOW
by generic name only
OFF-STREET PARKING LOTS FOR
Street address
ADJACENT SCHOOLS AND CHURCHES AS
Graphic symbol or logo identified with the
A CONDITIONAL USE.
company
Maximum Number of Signs
E(4)(C)(2): : The NOW, THEREFORE, BE IT ORDAINED BY
number of primary signs shall not exceed two (2) THE CITY COUNCIL OF THE CITY OF
five (5)
for each premises or lot. DUBUQUE, IOWA:
Section 2. The foregoing amendment has Section 1. Appendix A of the Zoning
heretofore been reviewed by the Zoning Ordinance of the City of Dubuque Code of
Advisory Commission of the City of Dubuque, Ordinances is hereby amended by adding off-
Iowa. street parking lots for adjacent schools and
Section 3. This ordinance shall take effect churches as a conditional use to the R-1 Single-
immediately upon publication, as provided by Family Residential District, R-2 Two-Family
law. Residential District and the R-2A Alternate Two-
th
Passed, approved and adopted this 18 day of Family Residential District as follows:
March 2002. 3-1.1(D)(3)/3-1.2(D)(4). Off-street parking of
Terrance M. Duggan, Mayor operable automobiles to serve a permitted or
Attest: Jeanne F. Schneider, City Clerk conditional use in an abutting office, commercial
Regular Session, March 18, 2002 125
or
(except C-1 District) institutional district be received and filed. Seconded by Nicholson.
adjacent to churches or schools only
, Motion carried 6-0.
provided that:
RESOLUTION NO. 163-02
(a) No structure other than a screening or
RESOLUTION ADOPTING
security fence or wall shall be erected on the
PLANS AND SPECIFICATIONS
premises;
(b) Signage shall be limited to one Whereas, on the 13th day of February, 2002,
freestanding sign of no more than six (6) square plans, specifications, form of contract and
feet in size per drive opening, identifying the estimated cost were filed with the City Clerk of
parking use, providing directions or marking Dubuque, Iowa for the Napier Street Storm and
entrances and exits thereto; Sanitary Sewer Reconstruction Project.
(c) A site plan shall be submitted and Whereas, notice of hearing on plans,
approved as provided in Section 4 of this specifications, form of contract, and estimated
Ordinance. cost was published as required by law.
3-1.3(D)(5). Off-street parking of operable NOW THEREFORE, BE IT RESOLVED BY
automobiles to serve a permitted or conditional THE CITY COUNCIL OF THE CITY OF
use in an abutting office, commercial (except C-DUBUQUE, IOWA:
or
1 District), institutional, industrial district That the said plans, specifications, form of
adjacent to churches or schools only
, contract and estimated cost are hereby
provided that: approved as the plans, specifications, form of
(a) No structure other than a screening or contract and estimated cost for said
security fence or wall shall be erected on the improvements for said project.
th
premises; Passed, adopted and approved this 18 day of
(b) Signage shall be limited to one March, 2002.
freestanding sign of no more than six (6) square Terrance M. Duggan, Mayor
feet in size per drive opening, identifying the Attest: Jeanne F. Schneider, City Clerk
parking use, providing directions or marking Cline moved adoption of the Resolution.
entrances and exits thereto; Seconded by Nicholson. Motion carried 6-0.
(c) A site plan shall be submitted and
RESOLUTION NO. 164-02
approved as provided in Section 4 of this
AWARDING CONTRACT
Ordinance
Section 2. The foregoing amendment has Whereas, sealed proposals have been
heretofore been reviewed by the Zoning submitted by contractors for the Napier Street
Advisory Commission of the City of Dubuque, Storm and Sanitary Sewer Reconstruction
Iowa. Project pursuant to Resolution No. 94-02 and
Section 3. This ordinance shall take effect notice to bidders published in a newspaper
immediately upon publication, as provided by published in the City of Dubuque, Iowa on the
nd
law. 22 day of February, 2002.
th
Passed, approved and adopted this 18 day of Whereas, said sealed proposals were opened
th
March 2002. and read on the 7 day of March, 2002, and it
Terrance M. Duggan, Mayor has been determined that the bid of Fondell
Attest: Jeanne F. Schneider, City Clerk Excavating of Dubuque, Iowa, in the amount of
Published officially in the Telegraph Herald $97,862.80 was the lowest bid for the
th
newspaper this 25 day of March, 2002. furnishings of all labor and materials and
Jeanne F. Schneider, City Clerk performing the work as provided for in the plans
1t 3/25 and specifications.
Buol moved that the requirement that a NOW THEREFORE, BE IT RESOLVED BY
proposed Ordinance be considered and voted THE CITY COUNCIL OF THE CITY OF
on for passage at two Council Meetings prior to DUBUQUE, IOWA:
the meeting at which it is to be finally passed be That the contract for the above improvement
suspended and further moved final be awarded to Fondell Excavating and the
consideration and passage of the Ordinance. Manager be and is hereby directed to execute a
Seconded by Michalski. Motion carried 6-0. contract on behalf of the City of Dubuque for the
Napier Street Storm and Sanitary Sewer complete performance of the work.
Reconstruction Project: Proofs of publication on BE IT FURTHER RESOLVED:
notice of hearing on plans and specifications, That upon the signing of said contract and the
and notice to bidders on the receipt of bids, and approval of the contractor's bond, the City
City Manager recommending award of the Treasurer is authorized and instructed to return
Napier Street Storm and Sanitary Sewer the bid deposits of the unsuccessful bidders.
th
Reconstruction Project to Fondell Excavating in Passed, approved and adopted this 18 day of
the amount of $97,862.80, presented and read. March, 2002.
Cline moved that the proofs and communication Terrance M. Duggan, Mayor
126 Regular Session, March 18, 2002
Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF
Seconded by Nicholson. Motion carried 6-0. DUBUQUE, IOWA:
Section 1. That the Bidder Contract No. 2 -
Burlington Northern Depot Restoration Project: General Demolition be awarded to Tricon
Proofs of publication on notice of hearing on Construction of Dubuque, Iowa, and the
plans and specifications, and notice to bidders Manager be and is hereby directed to execute a
on the receipt of bids, and City Manager contract on behalf of the City of Dubuque in the
recommending award of selected construction amount of $38,000 for the complete
contracts and the rejection of others for the performance of the work.
Burlington Northern Depot Restoration Project, Section 2. That the Bidder Contract No. 5 –
presented and read. Cline moved that the proofs Steel be awarded to Renaissance Restoration,
and communication be received and filed. Inc. of Galena, Illinois, and the Manager be and
Seconded by Nicholson. Motion carried 6-0. is hereby directed to execute a contract on
behalf of the City of Dubuque in the amount of
Jerry Enzler, of the Historical Society, spoke $65,676 for the complete performance of the
stating they have contingency funds set aside work.
for this project. Section 3. That the Bidder Contract No. 7 –
Finish Carpentry be awarded to Renaissance
RESOLUTION NO. 165-02
Restoration, Inc. of Galena, Illinois, and the
RESOLUTION ADOPTING
Manager be and is hereby directed to execute a
PLANS AND SPECIFICATIONS
contract on behalf of the City of Dubuque in the
Whereas, on the 3rd day of October, 2001, amount of $35,928 for the complete
plans, specifications, form of contract and performance of the work.
estimated cost were filed with the City Clerk of Section 4. That the Bidder Contract No. 8 –
Dubuque, Iowa for the Burlington Northern Roof be awarded to Rafoth Sheet Metal, Inc. of
Railroad Depot Restoration Project. Dubuque, Iowa, and the Manager be and is
Whereas, notice of hearing on plans, hereby directed to execute a contract on behalf
specifications, form of contract, and estimated of the City of Dubuque in the amount of $98,447
cost was published as required by law. for the complete performance of the work.
NOW THEREFORE, BE IT RESOLVED BY Section 5. That the Bidder Contract No. 8,
THE CITY COUNCIL OF THE CITY OF Alternate 6 – Decorative Ridge Vent and Finials
DUBUQUE, IOWA: be awarded to Rafoth Sheet Metal, Inc. of
That the said plans, specifications, form of Dubuque, Iowa, and the Manager be and is
contract and estimated cost are hereby hereby directed to execute a contract on behalf
approved as the plans, specifications, form of of the City of Dubuque in the amount of $1,300
contract and estimated cost for said for the complete performance of the work.
improvements for said project. Section 6. That the Bidder Contract No. 13 –
th
Passed, adopted and approved this 18 day of HVAC be awarded to Geisler Brothers Company
March, 2002. of Dubuque, Iowa, and the Manager be and is
Terrance M. Duggan, Mayor hereby directed to execute a contract on behalf
Attest: Jeanne F. Schneider, City Clerk of the City of Dubuque in the amount of
Cline moved adoption of the Resolution. $110,732 for the complete performance of the
Seconded by Nicholson. Motion carried 6-0. work.
Section 7. That the Bidder Contract No. 14 –
RESOLUTION NO. 166-02
Plumbing be awarded to Modern Piping, Inc. of
AWARDING CONTRACTS
Dubuque, Iowa, and the Manager be and is
Whereas, sealed proposals have been hereby directed to execute a contract on behalf
submitted by contractors for the Burlington of the City of Dubuque in the amount of $36,845
Northern Railroad Depot Restoration Project for the complete performance of the work.
pursuant to Resolution No. 65-02 and notice to Section 8. That the Bidder Contract No. 15A –
bidders published in a newspaper published in Electric be awarded to A&G Electric of Dubuque,
th
the City of Dubuque, Iowa on the 8 day of Iowa, and the Manager be and is hereby
February, 2002. directed to execute a contract on behalf of the
Whereas, said sealed proposals were opened City of Dubuque in the amount of $76,810 for
th
and read on the 6 day of March, 2002, and it the complete performance of the work.
has been determined that the bid of the following Section 9. That the Bidder Contract No. 15B –
contractors in the amounts specified were the Lights be awarded to Morse Electric, Inc. of
lowest bids for the furnishing of all labor and Dubuque, Iowa, and the Manager be and is
materials and performing the work as provided hereby directed to execute a contract on behalf
for in the plans and specifications. of the City of Dubuque in the amount of $38,800
for the complete performance of the work.
Regular Session, March 18, 2002 127
BE IT FURTHER RESOLVED: Alternate 5 Add Restrooms Tricon
That upon the signing of said contracts and the Construction
approval of the contractor's bonds, the City Contract 10 Finishes Renaissance
Treasurer is authorized and instructed to return Restoration, Inc.
the bid deposits of the unsuccessful bidders. Alternate 1A Finish Floor without Restrooms
th
Passed, approved and adopted this 18 day of Tricon Construction
March, 2002. Alternate 1B Finish Floor with Restrooms
Terrance M. Duggan, Mayor Tricon Construction
Attest: Jeanne F. Schneider, City Clerk Alternate 2 Provide Metal Stair
Cline moved adoption of the Resolution. Renaissance Restoration, Inc.
Seconded by Nicholson. Motion carried 6-0. Alternate 4A Finish Wall & Ceiling without
Restrooms Tricon Construction
RESOLUTION NO. 167-02
Alternate 4B Finish Wall & Ceiling with
REJECTING BIDS
Restrooms Renaissance Restoration, Inc.
Whereas, sealed proposals have been Alternate 5 Add Restrooms Tricon
submitted by contractors for the Burlington Construction
Northern Railroad Depot Restoration Project Contract 11 Food Service Hockenbergs
pursuant to Resolution No. 65-02 and notice to Equip. & Supply
bidders published in a newspaper published in Contract 12 Sprinkler Tri-State
th
the City of Dubuque, Iowa on the 8 day of Automatic Sprinkler
February, 2002. Contract 13 HVAC
Whereas, said sealed proposals were opened Alternate 5 Add Restrooms Rafoth
th
and read on the 6 day of March, 2002, and Sheet Metal, Inc.
Whereas, the City Council has deemed it Contract 14 Plumbing
advisable to reject all bids indicated below, and Alternate 5 Add Restrooms Molo
to re-bid the projects at a later date. Plumbing & Heating
NOW THEREFORE, BE IT RESOLVED BY Contract 15A Electric
THE CITY COUNCIL OF THE CITY OF Alternate 5 Add Restrooms Morse
DUBUQUE, IOWA: Electric, Inc.
th
Section 1. That the following bids for the Passed, approved and adopted this 18 day of
above improvement be rejected and the March, 2002.
Manager is authorized and instructed to return Terrance M. Duggan, Mayor
the bid deposits of all the bidders: Attest: Jeanne F. Schneider, City Clerk
Contract 1 Masonry Demolition Cline moved adoption of the Resolution.
Renaissance Restoration, Inc. Seconded by Nicholson. Motion carried 6-0.
Alternate 3 Contractor Salvages Brick
Renaissance Restoration, Inc. Buol moved that the rules be reinstated limiting
Contract 3 Concrete Tricon Construction discussion to the Council. Seconded by Cline.
nd
Alternate 2 Floor Topping at 2 Floor Motion carried 6-0.
Renaissance Restoration, Inc.
Contract 4A Masonry Tricon Construction ACTION ITEMS
Contract 4B Masonry (Material)
Renaissance Restoration, Inc. Nicholson moved that the following be
Contract 5 Steel removed from the table: Seconded by Buol.
Alternate 2 Provide Metal Stair Motion carried 6-0.
Renaissance Restoration, Inc. Eagle Point No. 2 – Final Plat (Tabled at
Contract 6 Rough Carpentry 2/18/02 Meeting): Communication from the City
Renaissance Restoration, Inc. Manager requesting that this item be tabled to
Alternate 2 Provide Metal Stair the April 1, 2002 City Council meeting; Zoning
Tricon Construction Advisory Commission recommending approval
Alternate 5 Add Restrooms of the final plat of Eagle Point No. 2 Subdivision
Renaissance Restoration, Inc. at the end of Rhomberg Avenue in the City of
Contract 7 Finish Carpentry Dubuque and Dubuque County as requested by
Alternate 4A Finish Wall & Ceiling without the City of Dubuque; Communication from Brian
Renaissance Restoration, Inc. Restrooms J. Kane, representing Clint V. Johnson,
Alternate 4B Finish Wall & Ceiling with requesting the City Council approve Mr.
Renaissance Restoration, Inc. Restrooms Johnson’s purchase of real estate owned by the
Contract 9 Doors & Windows Tricon City of Dubuque that is adjacent to his property
Construction and a Resolution approving the final plat of
Alternate 2 Provide Metal Stair Tricon Eagle Point No. 2 in the City of Dubuque, Iowa,
Construction presented and read. Nicholson moved that this
128 Regular Session, March 18, 2002
item be tabled indefinitely. Seconded by Cline. facility (Lot A) and the easements for public
Motion carried 6-0. utilities, sanitary sewer, storm sewer and water
mains as they appear upon said final plat, be
Arbor Estates – Final Plat: City Manager and the same are hereby accepted; and
recommending approval of the final plat for the Section 2. That Section 42-19(b) of the
first phase of Arbor Estates in the City of Subdivision Regulations is waived to allow Lots
Dubuque, Iowa as submitted by Kivlahan Farms, 1 thru 13 in Block 4 to have double frontages,
L.C., presented and read. Cline moved that the where double frontages are not allowed unless
communication be received and filed. Seconded one frontage is an arterial street without access
by Michalski. Motion carried 5-0 with Nicholson rights, provided that Kivlahan Farms, L.C., as
temporarily out of the Chambers. owners of said property, agree to plant trees on
private property along the north side of both
nd
RESOLUTION NO. 168-02
Arboretum Drive and W. 32 Street.
A RESOLUTION APPROVING THE FINAL
Section 3. That the final plat of a Final Plat of
PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT
Lots 1 thru 8, Inclusive, & Lot A of Block 1, Block
A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1
2, Block 3, Lots 1 thru 13, Inclusive, of Block 4,
THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1
Lots 1 thru 11, Inclusive, of Block 5, Lots 11 &
THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11
12 of Block 6, Lots 1 & 2 of Block 7, and Lots A
& 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7,
thru G, Inclusive, all of Arbor Estates is hereby
AND LOTS A THRU G, INCLUSIVE, ALL OF
approved by the Mayor and City Clerk are
ARBOR ESTATES, IN THE CITY OF
hereby authorized and directed to endorse the
DUBUQUE, IOWA
approval of the City of Dubuque, Iowa, upon
Whereas, there has been filed with the City said final plat, provided the owners of said
Clerk a Final Plat of Lots 1 thru 8, Inclusive, & property herein named, execute their written
Lot A of Block 1, Block 2, Block 3, Lots 1 thru acceptance hereto attached agreeing:
13, Inclusive, of Block 4, Lots 1 thru 11, (a) To reduce Honeysuckle Lane (Lot A),
Inclusive, of Block 5, Lots 11 & 12 of Block 6, Arrowwood Lane (Lot B), Bittersweet Lane (Lots
Lots 1 & 2 of Block 7, and Lots A thru G, C and D), John F. Kennedy Road (Lot E) and
Inclusive, all of Arbor Estates, in the City of Arboretum Drive (Lot G) to grade and to
Dubuque, Iowa; and construct concrete curb and gutter and to hard
Whereas, upon said final plat appears streets surface with asphaltic concrete, or with concrete
to be known as Honeysuckle Lane (Lot A), paving with integral curb, all in accordance with
Arrowwood Lane (Lot B), Bittersweet Lane (Lots the City of Dubuque standard specifications, all
C and D), John F. Kennedy Road (Lot E) and in a manner acceptable to the City Engineer, in
Arboretum Drive (Lot G), together with certain conformance with construction improvement
public utility, sewer easements and storm water plans approved by the City Engineer, and
detention facility, which the owners by said final inspected by the City Engineer.
plat have dedicated to the public forever; and (b) To install sanitary sewer mains and sewer
Whereas, said plat provides double frontages service laterals into each individual lot, water
on Lots 1 thru 13 of Block 4, where double mains and water service laterals into each
frontage lots are prohibited by Section 42-19(b) individual lot, storm sewers and catch basins,
of the Subdivision Regulations; and boulevard street lighting and erosion control
Whereas, the preliminary plat has been devices all in accordance with the City of
examined by the Zoning Advisory Commission Dubuque standard specifications, all in a
and had its approval endorsed thereon; and manner acceptable to the City Engineer, and in
Whereas, said final plat has been reviewed by accordance with construction improvement
the City Planner and had her approval endorsed plans approved by the City Engineer, and
thereon, subject to the owners agreeing to the inspected by the City Engineer.
conditions noted in Section 2 and 3 below; and (c) To construct a storm water detention facility
Whereas, said final plat has been examined by in a manner acceptable to the City Engineer, in
the City Council and they find that it conforms to accordance with the City of Dubuque standard
the statutes and ordinances relating to it, except specifications approved by the City Engineer,
that no streets or public utilities have yet been and inspected by the City Engineer.
constructed or installed. (d) To construct said improvements, prior to
NOW, THEREFORE, BE IT RESOLVED BY two (2) years from the date of acceptance of this
THE CITY COUNCIL OF THE CITY OF resolution, at the sole expense of the owners, or
DUBUQUE, IOWA: future owner;
Section 1. That the dedication of Honeysuckle (e) To maintain the public improvements, for a
Lane (Lot A), Arrowwood Lane (Lot B), period of two (2) years from the date of the
Bittersweet Lane (Lots C and D), John F acceptance of those improvements by the City
Kennedy Road (Lot E),and Arboretum Drive (Lot of Dubuque, Iowa, at the sole expense of the
G) together with the storm water detention owners, or future owner;
Regular Session, March 18, 2002 129
And, further provided that said Kivlahan Harvest Business Center – Final Plat: City
Farms, L.C., as owners of said property, shall Manager recommending approval of the final
secure the performance of the foregoing plat of Harvest Business Center located
conditions provided in this Section by providing immediately east of Resurrection Church and
guarantees in such form and with such sureties which is the commercial portion of the Harvest
as may be acceptable to the City Manager of the View Estates Subdivision, presented and read.
City of Dubuque, Iowa. Cline moved that the communication be
Section 4. Sidewalk installation shall be the received and filed. Seconded by Buol. Motion
responsibility of the owner abutting the public carried 6-0.
rights-of-way, including lots with multiple Marty McNamer spoke in favor of the final plat
frontages, as required by City Code 41-161 approval.
through 41-164. The responsibility shall extend
RESOLUTION NO. 169-02
to all successors, heirs and assignees.
A RESOLUTION APPROVING THE FINAL
Sidewalk installation will not be required until the
PLAT OF HARVEST BUSINESS CENTER, IN
development of the lot has been completed,
THE CITY OF DUBUQUE, IOWA
except as required herein. In sparsely
developed subdivisions, sidewalks on developed Whereas, there has been filed with the City
lots will not be required until 50% of the lots Clerk a final plat of Harvest Business Center, in
approved by the plat have been developed. All the City of Dubuque, Iowa; and
vacant lots shall have sidewalks installed upon Whereas, upon said final plat appears a street
development of 80% of the lots approved by the to be known as Commerce
plat. Court (Lot A), together with certain public
Section 5. The developer will maintain the utility, sewer easements, which the owners by
detention facility until it has been fully completed said final plat have dedicated to the public
and 80% of the sum of the platted lots in the forever; and
entire Arbor Estates are fully developed and the Whereas, the preliminary plat has been
remaining 20% of these lots have installed examined by the Zoning Advisory Commission
adequate erosion control measures as approved and had its approval endorsed thereon; and
by the City. Upon the Citys acceptance of the Whereas, said final plat has been reviewed by
=
detention facility, the maintenance expenses the City Planner and had her approval endorsed
incurred by the City of Dubuque for the storm thereon, subject to the owners agreeing to the
water detention facility (Lot A, Block 1) shall be conditions noted in Section 2 below; and
assessed against the lot owners of Arbor Whereas, said final plat has been examined by
the City Council and they find that it conforms to
Estates, in equal amounts, and the City
the statutes and ordinances relating to it, except
Manager shall certify such costs to the City
that no streets or public utilities have yet been
Clerk, who in turn shall promptly certify such
constructed or installed.
costs to the Dubuque County Treasurer, and
NOW, THEREFORE, BE IT RESOLVED BY
such costs shall then be collected with and in
the same manner as general property taxes in THE CITY COUNCIL OF THE CITY OF
accordance with provisions of law. DUBUQUE, IOWA:
Section 6. That the final acceptance of all Section 1. That the dedication of Commerce
Court (Lot A), together with the easements for
public improvements shall occur upon
public utilities, sanitary sewer, storm sewer and
certification of the City Engineer to the City
water mains as they appear upon said final plat,
Council that all public improvements have been
be and the same are hereby accepted; and
completed in accordance with the improvement
Section 2. That the final plat of Harvest
plans and City standard specifications and
accepted by City Council Resolution. Business Center is hereby approved by the
Section 7. That in the event Kivlahan Farms, Mayor and City Clerk are hereby authorized and
L.C. fails to execute the acceptance and furnish directed to endorse the approval of the City of
the guarantees provided in Sections 2 and 3 Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
hereof within 180 days after the date of this
execute their written acceptance hereto attached
Resolution, the provisions hereof shall be null
agreeing:
and void and the acceptance of the dedication
(a) To reduce Commerce Court (Lot A) to
and approval of the plat shall not be effective.
th
Passed, approved and adopted this 18 day of grade and to construct concrete curb and gutter
March, 2002. and to hard surface with asphaltic concrete, or
Terrance M. Duggan, Mayor with concrete paving with integral curb, all in
Attest: Jeanne F. Schneider, City Clerk accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
Cline moved adoption of the Resolution.
City Engineer, in conformance with construction
Seconded by Michalski. Motion carried 5-0 with
improvement plans approved by the City
Nicholson temporarily out of the Chambers.
Engineer, and inspected by the City Engineer.
130 Regular Session, March 18, 2002
(b) To install sanitary sewer mains and sewer general property taxes in accordance with
service laterals into each individual lot, water provisions of law.
mains and water service laterals into each Section 5. That the final acceptance of all
individual lot, storm sewers and catch basins, public improvements shall occur upon
boulevard street lighting and erosion control certification of the City Engineer to the City
devices all in accordance with the City of Council that all public improvements have been
Dubuque standard specifications, all in a completed in accordance with the improvement
manner acceptable to the City Engineer, and in plans and City standard specifications and
accordance with construction improvement accepted by City Council Resolution.
plans approved by the City Engineer, and Section 6. That in the event Harvest
inspected by the City Engineer. Development Group, L.L.C. fails to execute the
(c) To construct said improvements, prior to two acceptance and furnish the guarantees provided
(2) years from the date of acceptance of this in Section 2 hereof within 180 days after the
resolution, at the sole expense of the owners, or date of this Resolution, the provisions hereof
future owner; shall be null and void and the acceptance of the
(d) To maintain the public improvements, for a dedication and approval of the plat shall not be
period of two (2) years from the date of the effective.
acceptance of those improvements by the City Passed, approved and adopted this 18th day
of Dubuque, Iowa, at the sole expense of the of March, 2002.
owners, or future owner; Terrance M. Duggan, Mayor
And, further provided that said Harvest Attest: Jeanne F. Schneider, City Clerk
Development Group, L.L.C., as owners of said ACCEPTANCE OF RESOLUTION NO. 169-02
property, shall secure the performance of the I, the undersigned, Martin J. McNamer,
foregoing conditions provided in this Section by Secretary-Treasurer, representing Harvest
providing guarantees in such form and with such Development Group, L.L.C., having read the
sureties as may be acceptable to the City terms and conditions of Resolution No. 169-02,
Manager of the City of Dubuque, Iowa. and being familiar with the conditions thereof,
Section 3. Sidewalk installation shall be the hereby accept the same and agree to the
responsibility of the owner abutting the public conditions required therein.
rights-of-way, including lots with multiple Dated this 19th day of March, 2002.
frontages, as required by City Code 41-161 By: /s/ Martin J. McNamer
through 41-164. The responsibility shall extend Harvest Development Group, L.L.C.
to all successors, heirs and assignees. Cline moved adoption of the Resolution.
Sidewalk installation will not be required until the Seconded by Buol. Motion carried 6-0.
development of the lot has been completed,
except as required herein. In sparsely Streetscape and Landscape Design
developed subdivisions, sidewalks on developed Guidelines: Historic Preservation Commission
lots will not be required until 50% of the lots recommending approval of the Streetscape and
approved by the plat have been developed. All Landscape Design Guidelines for the City’s
vacant lots shall have sidewalks installed upon historic districts, presented and read. Buol
development of 80% of the lots approved by the moved that the communication be received and
plat. filed and recommendation approved. Seconded
Section 4. The developer will maintain the by Connors. Motion carried 6-0.
detention facility until it has been fully completed
and 80% of the sum of the platted lots in the Update of Heritage Trail Extension Project:
entire Harvest Estates First Addition, approved City Manager recommending approval of the
by Resolution No.349-01, and Lot 1 thru 4, plans for the Heritage Trail Extension Project
inclusive of Harvest Business Center, are fully and bidding of the project by the Iowa
developed and the remaining 20% of these lots Department of Transportation, presented and
have installed adequate erosion control read. Michalski moved that the communication
measures as approved by the City. Upon the be received and filed and approved
Citys acceptance of the detention facility, the recommendation. Seconded by Nicholson.
=
maintenance expenses incurred by the City of Motion carried 6-0.
Dubuque for the storm water detention facility
shall be assessed against the lot owners of Southwest Arterial Building Permit Moratorium:
Harvest Estates First Addition and Lots 1 thru 4, City Manager recommending extension of the
Building Permit Moratorium, which expired on
inclusive of Harvest Business Center, in equal
February 19, 2002, for the IA32-Southwest
amounts, and the City Manager shall certify
Arterial Corridor at the U.S. 20/Seippel Road
such costs to the City Clerk, who in turn shall
interchange until April 1, 2003 to allow continued
promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be work on the Environmental Assessment Study,
collected with and in the same manner as presented and read. Cline moved to received
Regular Session, March 18, 2002 131
and filed the communication. Seconded by Attest: Jeanne F. Schneider, CMC, City Clerk
Nicholson. Motion carried 6-0. Published officially in the Telegraph Herald the
th
25 day of March, 2002.
An Ordinance Amending Chapter 11 (Buildings /s/Jeanne F. Schneider, CMC, City Clerk
and Building Regulations) of the City of 1t 3/25
Dubuque Code of Ordinances by amending Cline moved that the requirement that a
Section 11-58.3 of the City of Dubuque Code of proposed Ordinance be considered and voted
Ordinances by establishing a twelve month on for passage at two Council Meetings prior to
moratorium on the issuance of permits for work the meeting at which it is to be finally passed be
in the Southwest Arterial Corridor, presented suspended and further moved final
and read. consideration and passage of the Ordinance, as
amended to extend the moratorium until May 1,
OFFICIAL PUBLICATION
2003. Seconded by Nicholson. Motion carried
ORDINANCE NO. 20-02
6-0.
AN ORDINANCE AMENDING CHAPTER 11
(BUILDINGS AND BUILDING REGULATIONS)
Extension of Highway 20 Building Permit
OF THE CITY OF DUBUQUE CODE OF
Moratorium: City Manager recommending
ORDINANCES BY AMENDING SECTION 11-
approval of an Iowa Department of
58.3 OF THE CITY OF DUBUQUE CODE OF
Transportation request to extend the building
ORDINANCES BY ESTABLISHING A
permit moratorium on Highway 20 until May 1,
THIRTEEN MONTH MORATORIUM ON THE
2003 from Bluff Street east to the city limits in
ISSUANCE OF PERMITS FOR WORK IN THE
connection with the U.S. Mississippi River
SOUTHWEST ARTERIAL CORRIDOR.
Crossing Study, presented and read. Cline
Whereas, the Iowa Department of moved to received and filed the communication.
Transportation (IDOT) and the City of Dubuque Seconded by Nicholson. Motion carried 6-0.
are conducting a Southwest Arterial Corridor
Study, which will include the determination of a An Ordinance Amending Chapter 11 (Buildings
preferred alignment; and and Building Regulations) of the City of
Whereas, the IDOT has requested that the Dubuque Code of Ordinances by amending
City of Dubuque extend said moratorium an Section 11-58.1 of the City of Dubuque Code of
additional twelve months to allow the City to Ordinances by establishing a twelve month
further explore alternative routes and moratorium on the issuance of permits for work
environmental impacts; and in the U.S. Highway 20 Corridor, presented and
Whereas, the City of Dubuque desires to read.
minimize potential development conflicts during
OFFICIAL PUBLICATION
this study by extending the moratorium for the
ORDINANCE NO. 21-02
Southwest Arterial Corridor.
AN ORDINANCE AMENDING CHAPTER 11
NOW, THEREFORE, BE IT ORDAINED BY
(BUILDINGS AND BUILDING REGULATIONS)
THE CITY COUNCIL OF THE CITY OF
OF THE CITY OF DUBUQUE CODE OF
DUBUQUE, IOWA:
ORDINANCES BY AMENDING SECTION 11-
Section 1. Chapter 11 (Buildings and Building
58.1 OF THE CITY OF DUBUQUE CODE OF
Regulations) of the City of Dubuque Code of
ORDINANCES BY ESTABLISHING A TWELVE
Ordinances is hereby amended by amending
MONTH MORATORIUM ON THE ISSUANCE
Section 11-58.3 as follows:
OF PERMITS FOR WORK IN THE U.S.
Section 11-58.3 Moratorium – for work in the
HIGHWAY 20 CORRIDOR.
Southwest Arterial Corridor. The Building Official
shall not issue any permit for any new Whereas, the Iowa and Illinois Departments of
construction or substantial enlargement, Transportation are conducting a U.S 20
alteration, repair or remodeling of any structure, Mississippi River Crossing Study; and
building, or sign in the Southwest Arterial Whereas, the issuance of permits in the study
Corridor but not to include demolition, as shown corridor of U.S. 20 could impact the study
on the map on file in the Office of the City Clerk, negatively.
th
50 West 13 Street, Dubuque, Iowa, during a NOW, THEREFORE, BE IT ORDAINED BY
period from the date of publication of this THE CITY COUNCIL OF THE CITY OF
ordinance to May 1, 2003, except where a DUBUQUE, IOWA:
vested right to the issuance of such permit Section 1. Chapter 11 (Buildings and Building
accrued prior to November 20, 2000. regulations) of the City of Dubuque Code of
Section 2. This Ordinance shall take effect Ordinances is hereby amended by amending
upon publication, as provided by law. Section 11-58.1 as follows:
th
Passed, approved and adopted this 18 day of Section 11-58.1 Moratorium – for work in the
March, 2002. U.S. 20 Corridor.
/s/Terrance M. Duggan, Mayor
132 Regular Session, March 18, 2002
The building official shall not issue any permit Section 1. The City of Dubuque Code of
for any new construction or substantial Ordinances is amended by adding a new section
enlargement, alteration, repair or remodeling of 33-83 as follows:
any structure, building, or sign in the U.S. 20 Under The Influence of a Controlled
(Dodge Street), but not to include demolition, Substance.
from the eastern corporate limits of the City of A person shall not be under the influence or
Dubuque westerly to the intersection of U.S. 20 simulate being under the influence of a
(Dodge Street) with Bluff Street, as shown on controlled substance in violation of the Uniform
the map on file in the Office of the City Clerk, 50 Controlled Substances Act in a public place.
th
West 13 Street, Dubuque, Iowa, during a Section 2. The City of Dubuque Code of
period from May 2, 2002 to May 1, 2003, except Ordinances is amended by adding a new section
where a vested right to the issuance of such 33-84 as follows:
permit accrued prior to May 1, 2001 33-84 Sniffing Glue or Other Chemical
Section 2. This Ordinance shall take effect on Substances
May 1, 2002. No person shall, for the purpose of causing a
Passed, approved and adopted this 18th day condition of intoxication, euphoria, excitement,
of March, 2002. exhilaration, stupefaction, or dulling of the
Terrance M. Duggan, Mayor senses or nervous system, smell or inhale the
Attest: Jeanne F. Schneider, City Clerk fumes from any glue, cement, aerosol spray,
Published officially in the Telegraph Herald inhalers, and other solvents or chemicals having
th
newspaper this 25 day of March, 2002. the property of releasing vapors; however, this
Jeanne F. Schneider, City Clerk section shall not apply to the inhalation of any
1t 3/25 medicine or anesthesia for medical or dental
Cline moved that the requirement that a purposes.
proposed Ordinance be considered and voted Section 3. This ordinance shall take effect
on for passage at two Council Meetings prior to upon publication.
th
the meeting at which it is to be finally passed be Passed, approved and adopted this 18day of
suspended and further moved final March, 2002.
consideration and passage of the Ordinance. Terrance M. Duggan, Mayor
Seconded by Nicholson. Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
th
Amendment to the Code of Ordinances – 25 day of March, 2002.
Offenses and Miscellaneous Provisions: City Jeanne F. Schneider, CMC, City Clerk
Manager recommending the addition of two 1t 3/25
sections to the City of Dubuque Code of Michalski moved that the requirement that a
Ordinances which would allow for a person proposed Ordinance be considered and voted
suffering from intoxication from substances other on for passage at two Council Meetings prior to
than alcohol to be held responsible for their the meeting at which it is to be finally passed be
actions as well as add protections for the suspended and further moved final
general public, presented and read. Michalski consideration and passage of the Ordinance.
moved that the communication be received and Seconded by Nicholson. Motion carried 6-0.
filed. Seconded by Nicholson. Motion carried 6-
0. Amendment to the Code to Ordinances –
Alcoholic Beverages: City Manager
An Ordinance Amending the City of Dubuque recommending adoption of an amendment to the
Code of Ordinances by adding a new Section City of Dubuque Code of Ordinances to prohibit
33-83 Prohibiting Being Under the Influence of a underage persons from remaining after 9:00
Controlled Substance in a Public Place and p.m. in those establishments where more than
adding a new Section 33-84 Prohibiting Sniffing thirty-five percent of the business conducted on
Glue or other Chemical Substances, presented such premises is the sale or dispensing of liquor,
and read. wine or beer, except under the conditions of
Subsection 5-7.2(b), presented and read. Buol
OFFICIAL PUBLICATION
moved that the communication be received and
ORDINANCE NO. 22-02
filed. Seconded by Nicholson. Motion carried 6-
AN ORDINANCE AMENDING THE CITY OF
0.
DUBUQUE CODE OF ORDINANCES BY
ADDING A NEW SECTION 33-84
An Ordinance Amending the City of Dubuque
PROHIBITING SNIFFING GLUE OR OTHER
Code of Ordinances Section 5-7.2(a) underage
CHEMICAL SUBSTANCES
persons prohibited from premises where
NOW, THEREFORE, BE IT ORDAINED BY alcoholic liquor is sold or dispensed, presented
THEj CITY COUNCIL OF THE CITY OF and read.
DUBUQUE, IOWA:
Regular Session, March 18, 2002 133
OFFICIAL PUBLICATION ORDINANCE NO. 24-02
ORDINANCE NO. 23-02AN ORDINANCE AMENDING THE CITY OF
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
DUBUQUE CODE OF ORDINANCES SECTION 32-411 REMOVAL AND
SECTION 5-7.2(a) UNDERAGE PERSONS IMPOUNDMENT OF VEHICLES BY
PROHIBITED FROM PREMISES WHERE PERMITTING THE TOWING OF VEHICLES ON
ALCOHOLIC LIQUOR IS SOLD OR PRIVATE PROPERTY WITH THE PROPERTY
DISPENSED OWNER’S CONSENT.
NOW, THEREFORE, BE IT ORDAINED BY NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Section 1. Section 32-411 of the City of
Ordinances sec. 5-7.2(a) is amended to read as Dubuque Code of Ordinances is amended to
follows: read as follows:
It shall be unlawful for any person under the Sec. 32-411 Removal And Impoundment.
age for lawful purchase and/or possession of Any vehicle having against it five (5) or more
alcoholic beverages to enter or remain upon any unpaid violations, charging that such vehicle
premises between the hours of nine o’clock was parked, stopped or standing in violation of
(9:00) P.M. and closing where more than thirty any law, ordinance or local authority of the city
five percent (35%) of the business conducted on shall be deemed a public nuisance. The police
such premises is the sale or dispensing of liquor, department and parking division are hereby
wine or beer except as set forth in subsection (b) authorized to remove or cause to be removed
of this Section. The phrase “business from property owned by the City or private
conducted on such premises” shall be defined property with the property owner’s consent such
as the total business revenue generated on such vehicle at the sole cost and expense of the
premises during the previous calendar year. habitual violator. The police department and
Section 2. This ordinance shall take effect parking division shall have the power and are
upon publication. hereby authorized to remove the vehicle by
th
Passed, approved and adopted this 18 day of either private or governmental equipment as
March, 2002 . they may deem advisable.
Terrance M. Duggan, Mayor, Section 2. This Ordinance shall take effect
Attest: Jeanne F. Schneider, City Clerk upon publication.
Published officially in the Telegraph Herald the Passed, approved and adopted this 18th day
th
25 day of March, 2002. of March, 2002.
/s/Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor
1t 3/25 Attest: Jeanne F. Schneider, City Clerk
Buol moved that the requirement that a Published officially in the Telegraph Herald the
th
proposed Ordinance be considered and voted 25 day of March, 2002.
on for passage at two Council Meetings prior to Jeanne F. Schneider, CMC, City Clerk
the meeting at which it is to be finally passed be 1t 3/25
suspended and further moved final Buol moved that the requirement that a
consideration and passage of the Ordinance. proposed Ordinance be considered and voted
Seconded by Nicholson. Motion carried 6-0. on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
Vehicle Impoundment Ordinance: City suspended and further moved final
Manager recommending modifications to the consideration and passage of the Ordinance.
existing Vehicle Impoundment Ordinance to Seconded by Michalski. Motion carried 6-0.
provide the authority to impound vehicles from
private lots, with the property owner’s consent,
and eliminating the twelve month time limitation COUNCIL MEMBER REPORTS
for the collection of unpaid fines, presented and
read. Buol moved that the communication be Michalski reminded citizens to attend the Long
received and filed. Seconded by Michalski. Range Planning Advisory Commission’s Public
Motion carried 6-0. Hearing concerning the Amendment of the
Downtown Dubuque Urban Renewal District on
An Ordinance Amending the City of Dubuque Wednesday, March 20, 2002 at 7:00 P.M. in the
Code of Ordinances Section 32-411 removal Library Auditorium.
and impoundment of vehicles by permitting the
towing of vehicles on private property with the ITEMS TO BE SET FOR PUBLIC HEARING
property owner’s consent, presented and read.
Carmel Drive – Request to Vacate: City
OFFICIAL PUBLICATION
Manager recommending that a public hearing be
134 Regular Session, March 18, 2002
set for April 1, 2002 to consider a request from Drive known as Lot 5A of Carmel Heights in the
the Sisters of Charity of the Blessed Virgin Mary City of Dubuque, Dubuque County, Iowa should
that the City vacate a portion of Carmel Drive be approved.
abutting their property, presented and read. NOW THEREFORE, BE IT RESOLVED BY
Buol moved that the communication be received THE CITY COUNCIL OF THE CITY OF
and filed. Seconded by Nicholson. Motion DUBUQUE, IOWA:
carried 6-0. Section 1. That the real estate described as
Lot 5A of Carmel Heights in the City of
RESOLUTION NO. 170-02
Dubuque, Iowa, be and the same is hereby
RESOLUTION APPROVING PLAT OF
vacated.
th
PROPOSED VACATED PORTION OF
Passed, approved and adopted this 18 day of
CARMEL DRIVE
March, 2002.
Whereas, there has been presented to the City Terrance M. Duggan, Mayor
Council of the City of Dubuque, Iowa, a plat Attest: Jeanne F. Schneider, City Clerk
dated February 22, 2002, prepared by IIW Published officially in the Telegraph Herald
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Engineers & Surveyors, PC, describing the newspaper this 25 day of March, 2002.
proposed vacated portion of Carmel Drive; and Jeanne F. Schneider, City Clerk
Whereas, said plat conforms to the laws and 1t 3/25
statutes pertaining thereto. Buol moved that the requirement that a
NOW, THEREFORE, BE IT RESOLVED BY proposed Ordinance be considered and voted
THE CITY COUNCIL OF THE CITY OF on for passage at two Council Meetings prior to
DUBUQUE, IOWA: the meeting at which it is to be finally passed be
Section 1. That the plat dated February 22, suspended and further moved final
2002, prepared by IIW Engineers & Surveyors, consideration and passage of the Ordinance.
PC, relative to the real estate hereinabove Seconded by Nicholson. Motion carried 6-0.
described be and the same is hereby approved,
RESOLUTION NO. 171-02
and the Mayor and City Clerk be and they are
RESOLUTION OF INTENT TO DISPOSE OF
hereby authorized and directed to execute said
CITY INTEREST IN LOT 5A OF CARMEL
plat for and on behalf of the City of Dubuque,
HEIGHTS, DUBUQUE, IOWA
Iowa.
Section 2. That the City Clerk be and is hereby Whereas, the Sisters of Charity of the Blessed
authorized and directed to file said plat and Virgin Mary has requested the vacating of a
certified copy of this resolution in the office of portion of Carmel Drive.
the Recorder, in and for Dubuque County, Iowa. Whereas, IIW Engineers & Surveyors, PC has
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Passed, approved and adopted this 18 day of prepared and submitted to the City Council a
March, 2002. plat showing the vacated portion of Carmel Drive
Terrance M. Duggan, Mayor and assigned lot numbers thereto, which
Attest: Jeanne F. Schneider, City Clerk hereinafter shall be known and described as Lot
Buol moved adoption of the Resolution. 5A of Carmel Heights in the City of Dubuque,
Seconded by Nicholson. Motion carried 6-0. Iowa; and
Whereas, the City Council of the City of
An Ordinance Vacating a portion of Carmel Dubuque, Iowa has determined that this portion
Drive, presented and read. of Carmel Drive is no longer required for public
use, and vacating and sale of said portions of
(OFFICIAL PUBLICATION)
alleys and streets known as Lot 5A of Carmel
ORDINANCE NO. 25-02
Heights in the City of Dubuque, Dubuque
ORDINANCE VACATING A PORTION OF
County, Iowa should be approved.
CARMEL DRIVE
NOW THEREFORE, BE IT RESOLVED BY
Whereas, the Sisters of Charity of the Blessed THE CITY COUNCIL OF THE CITY OF
Virgin Mary has requested the vacating of a DUBUQUE, IOWA:
portion of Carmel Drive; and Section 1. That the City of Dubuque intends to
Whereas, IIW Engineers & Surveyors, PC has dispose of its interest in Lot 5A of Carmel
prepared and submitted to the City Council a Heights in the City of Dubuque, Iowa.
plat showing the vacated portion of Carmel Drive Section 2. That the conveyance of Lot 5A of
and assigned lot numbers thereto, which Carmel Heights in the City of Dubuque, Iowa to
hereinafter shall be known and described as Lot the Sisters of Charity of the Blessed Virgin Mary
5A of Carmel Heights in the City of Dubuque, be contingent upon the payment of $14,852.88,
Dubuque County, Iowa; plus platting, publication and filing fees.
Whereas, the City Council of the City of Section 3. That the City Clerk be and is hereby
Dubuque, Iowa has determined that a portion of authorized and directed to cause a notice of
Carmel Drive is no longer required for public intent to dispose of said real estate to be
use, and vacating of said portion of Carmel published in the manner as prescribed by law.
Regular Session, March 18, 2002 135
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Passed, approved and adopted this 18 day of published in a newspaper having general
March, 2002. circulation in the City of Dubuque, Iowa, which
Terrance M. Duggan, Mayor notice shall be not less than four days nor more
Attest: Jeanne F. Schneider, City Clerk than twenty days prior to the day fixed for its
Buol moved adoption of the Resolution and consideration. At the hearing, any interested
further set this for public hearing at a meeting to person may appear and file objections to the
commence at 6:30 P.M. on April 1, 2002 in the proposed plans, specifications, contract, or
Public Library Auditorium and direct the City estimated cost of the improvement.
Clerk to publish notice in the manner prescribed Passed, adopted and approved this 18th day
by law. Seconded by Nicholson. Motion carried of March, 2002.
6-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Operations and Maintenance Center Roof Buol moved adoption of the Resolution setting
Repair Project – Initiate: City Manager date of Hearing for 4/15/02 at a meeting to
recommending initiation of the bidding process commence at 6:30 P.M. in the Public Library
for the Operations and Maintenance Center Auditorium and direct the City Clerk to publish
Roof Repair Project and setting a public hearing notice in the manner prescribed by law.
for April 15, 2002, presented and read. Buol Seconded by Nicholson. Motion carried 6-0.
moved that the communication be received and
RESOLUTION NO. 174-02
filed. Seconded by Nicholson. Motion carried 6-
ORDERING BIDS
0.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 172-02
THE COUNCIL OF THE CITY OF DUBUQUE,
PRELIMINARY APPROVAL OF
IOWA:
PLANS AND SPECIFICATIONS
That the Operations & Maintenance Center
NOW THEREFORE, BE IT RESOLVED BY Roof Repair Project is hereby ordered to be
THE CITY COUNCIL OF THE CITY OF advertised for bids for construction.
DUBUQUE, IOWA: BE IT FURTHER RESOLVED, that the amount
That the proposed plans, specifications, form of the security to accompany each bid shall be in
of contract and estimated cost for the an amount which shall conform to the provisions
Operations & Maintenance Center Roof Repair of the notice to bidders hereby approved as a
Project in the estimated amount of $32,452.00, part of the plans and specifications heretofore
are hereby approved and ordered filed in the adopted.
office of the City Clerk for public inspection. That the City Clerk is hereby directed to
Passed, adopted and approved this 18th day advertise for bids for the construction of the
of March, 2002. improvements herein provided, to be published
Terrance M. Duggan, Mayor in a newspaper having general circulation in the
Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque, Iowa, which notice shall not be
Buol moved adoption of the Resolution. less than four days nor more than twenty days
Seconded by Nicholson. Motion carried 6-0. prior to the receipt of said bids at 2:00 p.m. on
the 9th day of April, 2002. Bids shall be opened
RESOLUTION NO. 173-02
and read by the City Clerk at said time and will
FIXING DATE OF THE HEARING
be submitted to the Council for final action at
ON PLANS AND SPECIFICATIONS
6:30 p.m. on the 15th day of April, 2002.
Whereas, the City Council of the City of Passed, adopted and approved this 18th day
Dubuque, Iowa has given its preliminary of March, 2002.
approval on the proposed plans, specifications, Terrance M. Duggan, Mayor
and form of contract and placed same on file in Attest: Jeanne F. Schneider, CMC, City Clerk
the office of the City Clerk for public inspection Buol moved adoption of the Resolution.
of the Operations & Maintenance Center Roof Seconded by Nicholson. Motion carried 6-0.
Repair Project.
NOW THEREFORE, BE IT RESOLVED BY Tanzanite Drive Paving – Initiate: City
THE CITY COUNCIL OF THE CITY OF Manager recommending initiation of the bidding
DUBUQUE, IOWA: process for the Tanzanite Drive Paving Project
That on the 15th of April, 2002, a public and setting a public hearing for April 15, 2002,
hearing will be held at 6:30 p.m. in the Public presented and read. Buol moved that the
Library Auditorium at which time interested communication be received and filed. Seconded
persons may appear and be heard for or against by Nicholson. Motion carried 6-0.
the proposed plans and specifications, form of
RESOLUTION NO. 175-02
contract and cost of said improvement, and the
PRELIMINARY APPROVAL OF
City Clerk be and is hereby directed to cause a
PLANS AND SPECIFICATIONS
notice of time and place of such hearing to be
136 Regular Session, March 18, 2002
NOW THEREFORE, BE IT RESOLVED BY That the Tanzanite Drive Paving Project is
THE CITY COUNCIL OF THE CITY OF hereby ordered to be advertised for bids for
DUBUQUE, IOWA: construction.
That the proposed plans, specifications, form BE IT FURTHER RESOLVED, that the amount
of contract and estimated cost for the Tanzanite of the security to accompany each bid shall be in
Drive Paving Project, in the estimated amount of an amount which shall conform to the provisions
$519,637.46, are hereby approved and ordered of the notice to bidders hereby approved as a
filed in the office of the City Clerk for public part of the plans and specifications heretofore
inspection. adopted.
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Passed, approved and adopted this 18 day of That the City Clerk is hereby directed to
March, 2002. advertise for bids for the construction of the
Terrance M. Duggan, Mayor improvements herein provided, to be published
Attest: Jeanne F. Schneider, City Clerk in a newspaper having general circulation in the
Buol moved adoption of the Resolution. City of Dubuque, Iowa, which notice shall not be
Seconded by Nicholson. Motion carried 6-0. less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
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RESOLUTION NO. 176-02
the 4 day of April, 2002. Bids shall be opened
FIXING DATE OF HEARING
and read by the City Clerk at said time and will
ON PLANS AND SPECIFICATIONS
be submitted to the Council for final action at
th
Whereas, the City Council of the City of 6:30 p.m. on the 15 day of April, 2002.
th
Dubuque, Iowa has given its preliminary Passed, approved and adopted this 18 day of
approval on the proposed plans, specifications, March, 2002.
and form of contract and placed same on file in Terrance M. Duggan, Mayor
the office of the City Clerk for public inspection Attest: Jeanne F. Schneider, City Clerk
of the Tanzanite Drive Paving Project. Buol 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
DUBUQUE, IOWA: At 8:07 P.M. Michalski moved to go into
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That on the 15 day of April, 2002, a public Closed Session re: Property Acquisition –
hearing will be held at 6:30 p.m. in the Public Chapter 21.5(1)(j) 2001 Code of Iowa.
Library Auditorium at which time interested Seconded by Nicholson. Motion carried 6-0.
persons may appear and be heard for or against
the proposed plans and specifications, form of At 8:28 P.M. Council reconvened Regular
contract and cost of said improvement, and the Session stating that Staff had been given proper
City Clerk be and is hereby directed to cause a direction.
notice of time and place of such hearing to be
published in a newspaper having general There being no further business, Buol moved
circulation in the City of Dubuque, Iowa, which to adjourn. Seconded by Cline. Motion carried
notice shall be not less than four days nor more 6-0. The meeting adjourned at 8:29 P.M.
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested /s/ Jeanne F. Schneider CMC
person may appear and file objections to the City Clerk
proposed plans, specifications, contract, or 1t 3/27
estimated cost of the improvement.
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Passed, approved and adopted this 18 day of
March, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and set
public hearing for 4/15/02 at a meeting to
commence at 6:30 P.M. in the Public Library
Auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 177-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Regular Session, March 18, 2002 137
Approved:__________________________2002
Adopted:___________________________2002
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
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City Clerk