2001 November Council Proceedings
Special Session, November 5, 2001
357
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Monday,
November 5, 2001
At 5:00 P.M. Council had dinner in the Second
Floor Rotunda of the Public Library.
At 5:37 P.M. Council convened for the Special
Session in the Public Library Auditorium.
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nichoison,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Banry 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
design of the Education and Conference Center.
Jim Swords, Project Engineer of HOK Venue,
spoke giving a report on the Education and
Conference Center on the Fourth Street
Peninsula.
.
There being no further business, Buol
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 6:14
P.M.
/s/ Jeanne F. Schneider
City Clerk
.
,
Approve' a.,::Z4--7 ,;?-/
MO"~~/ .?7
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2002
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. Clerk
358
Regular Session, November 5, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, November 5,
2001
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Banry Lindahl.
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called
for the purpose of acting upon such business
which may properly come before the City
Council.
Invocation was given by Reverend Woody
Allabough, Pastor, Third Presbyterian Church.
Proclamations: Hospice Month (November,
2001) received by Caroie Carroll, and Youth
Appreciation Month (November, 2001) received
by Morning Optimists' President Jane Smith,
Noon Optimists' President Lonnie Fawver and
Evening Optimists' Secrrreas. Carl McCarthy.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
10/22; Cable Community Teleprogramming
Commission of 10/2; City Council of 10/15;
Community Development Advisory Commission
of 9/20 and 10/11; Five Flags Commission of
10/15; Historic Preservation Commission of
10/18; Housing Code Appeals Board of 10/16
(Amended); Investment Oversight Advisory
Commission of 10/24; Library Board of 8/23;
Plumbing Board of 10/23; Transit Board of 5/10;
Zoning Advisory Commission of 10/3, presented
and read. Buol moved that the minutes be
received and filed. Seconded by Markham.
Motion carried 7-0.
Printed Council Proceedings for August and
September, 2001, presented and read. Buol
moved that the proceedings be approved as
printed. Seconded by Markham. Motion carried
7-0.
Proof of Publication of City Council
Proceedings of 1011 and 10/8, presented and
read. Buol moved that the proofs be received
and filed. Seconded by Markham. Motion carried
7-0.
Finance Director submitting the Financial
Reports for the month ending September 30,
--,.-._"._-->.-" ........"...-..-..".
2001 and Investment Oversight Commission
submitting their 34th quarterly report, presented
and read. Buol moved that the communications
be received and filed. Seconded by Markham.
Motion carried 7-0.
Dubuque Area Chamber of Commerce
Convention and Visitors Bureau Quarterly
Report for period of July through October, 2001,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Notice of Claims/Suits: Sandra L. Ansel in
estimated amount of $360 for personal injury;
Rhonda A. Carbone in estimated amount of
$1,844 plus rental expense for vehicie damage;
Corey Lorenz in estimated amount of $86 for
vehicle damage; Nancy L. Welu in undetermined
amount for property damage, presented and
read. Buol moved that the claims and suits be
referred to the Legal Staff for investigation and
report. Seconded by Markham. Motion carried 7-
O.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Sandra L.
Ansel for personal injury; Rhonda Carbone for
vehicle damage; State Farm Insurance for
vehicle damage, presented and read, Buol
moved that the communications be received and
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Kevin Felderman for
property damage and that the Finance Director
be directed to issue payment, presented and
read. Buoi moved that the communications be
received and filed and concurred. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel recommending denial of
the claims of Mat! Bay for vehicle damage; Bev
Hodgson for vehicle damage, and Karen
Ludovissy for vehicle damage, presented and
read. Buol moved that the communicati.ons be
received and filed and concurred. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel recommending that the
claim of Nancy Welu be administratively ciosed
and referred to Horsfieid Construction,
presented and read. Buoi moved that the
communications be received and fiied and
concurred. Seconded by Markham. Motion
carried 7-0.
Congress Court - Request to Purchase:
Request from James and Gregory Kalb to
Regular Session, November 5, 2001
359
.
purchase the entirety Qf CQngress CQurt right-Qf-
way from its westerly mQst pQint easterly tQ
Kennedy RQad rig ht-Qf-way , presented and
read. Buol moved that the communication be
received and filed and referred to the City
Manager. SecQnded by Markham. MQtiQn
carried 7-0.
Quarterly Investment Report: City Manager
transmit!ing the September 30, 2001 Quarterly
Investment RepQrt, presented and read. BUQI
mQved that the cQmmunication be received and
filed. SecQnded by Markham. MQtiQn carried 7-0.
Five Flags Civic Center CQmmissiQn:
Communication from Steve Sesterhenn
requesting apprQval Qf his resignatiQn from the
Five Flags Civic Center CQmmissiQn, presented
and read. Buo! moved that the communication
be received and filed. SecQnded by Markham.
MQtiQn carried 7-0.
Dubuque Industrial Center West SecQnd
Addition Final Plat: City Manager
recQmmending approval Qf the final plat Qf
Dubuque Industrial Center West SecQnd
AdditiQn, presented and read. BUQI mQved that
the communication be received and filed.
SecQnded by Markham. MotiQn carried 7-0.
.
RESOLUTION NO. 465-01
A RESOLUTION APPROVING THE FINAL
PLAT OF DUBUQUE INDUSTRIAL CENTER
WEST 2ND ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat Qf Dubuque Industrial Center
West 2nd AdditiQn in the City Qf Dubuque; and
Whereas, UPQn said final plat appears, streets
tQ be known as Chavanelle Drive (LQt A) and the
westerly half Qf Seippel RQad (LQt B), tQgether
with certain public utility and sanitary sewer and
storm sewer easements which the owners by
said final plat have dedicated tQ the publiC
forever; and
Whereas, said final plat has been reviewed by
the City Planner and had her apprQval endQrsed
thereon; and
Whereas, said finai plat has been examined by
the City CQuncii and they find that it cQnforms tQ
the statutes and Qrdinances relating tQ it, except
that no streets or public utilities have yet been
CQnstructed Qr installed.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SectiQn 1. That the dedicatiQn Qf Chavanelle
RQad (LQt A) and the westerly half Qf Seippel
Road (LQt B) tQgether with easements fQr pubiic
utilities, sanitary sewer, storm sewer and water
mains as they appear upon said final plat, be
and the same are hereby accepted, and
.
SectiQn 2. That the final plat Qf Dubuque
Industrial Center West 2nd AdditiQn Is hereby
approved and the MaYQr and City Clerk are
hereby authorized and directed tQ endQrse the
apprQval Qf the City Qf Dubuque, IQwa, uPQn
said final plat.
SectiQn 3. Sidewaik installation shall be the
resPQnsibility of the Qwner Qf the prQperty
abut!ing the public rights-Qf-way, including IQts
with multiple frontages, as required by City CQde
41-161 through 41-164. The resPQnsibility shall
extend tQ all successors, heirs and assignees.
Sidewalk installatiQn will nQt be required until the
develQpment of the lot has been cQmpleted
except as required herein. Sidewalks shall be
five (5) feet in width and installed Qne (1) fQQt
from the property line. All vacant lots shall have
sidewalks installed UPQn develQpment Qf 80% Qf
the develQpable lots apprQved by the final plat.
SectiQn 4. That the final acceptance Qf ail
public improvements shall occur upon
certificatiQn Qf the City Engineer that all public
improvements have been completed in
aCCQrdance with the improvement plans and City
standards specificatlQns.
Passed, approved and adQpted this 5th day Qf
NQvember, 2001.
Terrance M. Duggan, MaYQr
At!est: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTiON NO. 465-01
I, the undersigned, Terrance M. Duggan,
MaYQr, City Qf Dubuque, having read the terms
and cQnditiQns Qf the ResQlutiQn NQ. 465-01 and
being familiar with the cQnditions thereQf, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, IQwa this 5th day Qf
November, 2001.
By: Terrance M. Duggan, MaYQr
BUQI mQved adQptiQn Qf the ResQlutiQn.
SecQnded by Markham. MQtiQn carried 7-0.
CQnsultant SelectiQn fQr Financial AdviSQry
Services: City Manager recQmmending approval
Qf EvensQn DQdge, Inc. as the Financial AdvisQr
fQr the City Qf Dubuque, presented and read.
Nicholson moved that the communication be
received and filed. SecQnded by Michalski.
Motion carried 7-0. Nicholson recommended
that a letter Qf appreciatiQn be sent from the
MaYQr tQ the past Financial AdvisQr - Speer
Financial.
CQllective Bargaining Agreement - Dubuque
Police Protective Association: City Manager
recommending approval of a collective
bargaining agreement between the City Qf
Dubuque and the Dubuque PQlice Protective
Association, presented and read. Buol moved
that the communication be received and filed.
SecQnded by Markham. MQtiQn carried 7-0.
360
Regular Session, November 5, 2001
RESOLUTION NO. 466-01
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
DUBUQUE POLICE PROTECTIVE
ASSOCIATION AND AUTHORIZING THE
MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Dubuque Police Protective
Association is an employee organization within
the meaning of Section 3 (4) of the Public
Employment Relations Act; and
Whereas, the Dubuque Police Protective
Association submitted a request to bargain
collectively on behalf of the employees within Its
representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be
approved and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Penalties for Tobacco Permit Holders: City
Manager recommending that a hearing be set
for November 19, 2001 to consider assessing
appropriate civil penalties for underage tobacco
sales, presented and read. Buol moved to
receive and file the communication and set
hearing for 11/19/01 at a meeting to commence
at 6:30 P.M. in the Public Library Auditorium.
Seconded by Markham. Motion carrled 7-0.
State Historical Society of Iowa:
Communication from the State Historical Society
of Iowa advising that the Four Mounds Estate
Historic District, the Town Clock Building, and
the Dubuque Young Men's Christian Association
Building have been accepted for nomination to
the National Register of Historic Places,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Dubuque County Board of Supervisors:
Communication from the Dubuque County
Board of Supervisors regarding design of the
Law Enforcement Center expansion project,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Julien Dubuque Nature Trail - REAP Grant
Agreement City Manager recommending
approval of a Resource Enhancement and
Protection (REAP) Grant Agreement from the
Iowa Department of Natural Resources for the
Julien Dubuque Nature Trail, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
2000 PC Paving Project No. 1 (College,
Parkway, Douglas and Langworthy): City
Manager recommending approval of the revised
final assessments for the 2000 PC Paving
Project No. 1 (College, Parkway, Douglas and
Langworthy) and directing the City Clerk to
publish notice of the assessments, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 467-01
A RESOLUTION ADOPTING THE REVISED
FINAL ASSESSMENT SCHEDULE FOR THE
2000 P.C. CONCRETE PAVING PROJECT -
NO.1 INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH ASSESS-
MENTS ARE DIVIDED, THE INTEREST ON
ALL UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO CERTIFY
THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That Resolution No. 405-01 adopting the final
assessment schedule for the 2000 P.C.
Concrete Paving Project - NO.1 be rescinded.
That after full consideration of the revised final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the 2000 P.C.
Concrete Paving Project - No. 1 under contract
with Horsfield Construction, Inc. of Epworth,
Iowa, which final plat and schedule were filed in
the office of the City Clerk on the 14th day of
September, 2001, the said revised schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said revised final schedule of assessments as
deficiencies are found to be proper and levied
Regular Session, November 5, 2001
361
.
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions 01 Section
384.63 of the Code of Iowa. Said assessments
against said iots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after the
date of the first publication of this notice of the
filing of the final schedule of assessments with
the County Treasurer. After 30 days unpaid
assessments of $50.00 or more are payable in
10 annual installments and will draw annual
interest at nine (9) percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment will
be delinquent from October 1 following its due
date on July 1 of each year. Property owners
may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
COllege Area Fifth to Langworthy
Newberry & Hales Sub.
OWNER LOT DESCRIPTION PARCEL NO.
PAVING ASSESSMENT DEFICIENCY
WATER SERVICE ASSESSMENT
TOTAL NET ASSESSMENT
Canganelli, Michael D. 1384 W. 5th Newberry
& Hales Sub. 2-1-1810-26-277-001 $0.00
$1.70053 $0.00 $1,700.53
Laird, Wayne L 725 Roberts Newberry & Hales
Sub. 1-1-18 10-26-277-002 $0.00 $816.03 $0.00
$816.03
Averkamp, Bradley J & Catherine F 6230 N.
Main East Dubuque, IL 61025 Newberry & Hales
Sub. 2-1810-26-277-002 $0,00 $625.10 $0.00
$625.10
Zugenbueler, Charles A & Mildred 1350 W. 5th
Newberry & Hales Sub. 1710-26-277-004 $0.00
$814.93 $0.00 $814.93
.
.
McGovern, Thomas C 1340 W. 5th Newberry
& Hales Sub. 16 10-26-277-005 $0.00 $367.61
$0.00 $367.61
Guinta, John J, Amy S & Doloris A 478
College Newberry & Hales Sub. 2-19 10-26-277-
008 $0.00 $2,481.22 $598.84 $3,080.06
Guinta, John J, Amy S & Doloris A 478
College Newberry & Hales Sub. 1-19 10-26-277-
008 $0,00 w/2-19
Garrity, Darren M & McCabe, Susan E 388
College Newberry & Hales Sub. 20 10-26-277-
009 $0.00 $1,498.37 $598.84 $2,097.21
Kourpias, Costi 384 College Newberry & Hales
Sub. N1/2-21 10-26-277-010 $286.59 $1,468.79
$616.66 $1,798.86
Kourpias. Costi 384 College Newberry & Hales
Sub. S1/2-21 10-26-277-010 $0.00 w/21N
Kourpias, Costi 384 College Newberry & Hales
Sub. 22 10-26-277-011 $0.00 $1,433.45 $0.00
$1,433.45
Hayes, Donald J & Margaret M 380 College
Newberry & Hales Sub. 23 10-26-277-012 $0.00
$1,441.67 $598.84 $2,040.51
Min. Lot 159
Uptegraph, Richard A & Sandra M 17528
Gondola Dr. Min, Lot 159 1-2-2-2-1-7 10-26-
277-013 $0.00 $1,217.60 $545.38 $1,762.98
Janzen, Robert Laverne & Debra Mai 316
College Min, Lot 159 2-2-2-2-1-7 10-26-277-014
$0.00 $1,290.19 $563.20 $1,853.39
O'Nellls Sub. No.2
Mard, Gerald F & Jamel R 10358 Timothy
Dubuque, IA 52003 O'Neills Sub. No.2 23 10-26-
277-023 $0.00 $1 ,81 0.38 $0.00 $1,810.38
Manemann, Maleta C Etal 1489 W. 3rd
O'Neills Sub. NO.2 24 10-26-277-024 $0,00
$135.05 $0.00 $135.05
Mc Dermott, William J 735 Brookview Square
Dubuque, IA 52003 O'Neills Sub. NO.218 10-26-
281-002 $0.00 $735.22 $0.00 $735.22
Mcelmeel, Michelle 1486 W. 3rd O'Neills Sub.
No.2 19 10-26-281-001 $0.00 $2,080.74 $0.00
$2,080.74
Hill, Julia 280 College O'Neills Sub. No.2 20
10-26-281-005 $0.00 $2,200.17 $616.66
$2,816.83
Hill, Julia 280 College O'Neills Sub. NO.2 PI.
N.6.5' Vac. Alley Abutting Lot 2010-26-281-005
$0.00 w/Lot20
Theresa Sub.
Kohlmann, J Conrad & Patricia A 210 College
Theresa Sub. 210-26-281-008 $0.00 $1,341.69
$652.30 $1.993.99
Kohlmann, J Conrad & Patricia A 210 College
Theresa Sub. 1 10-26-281-009 $0.00 $1,500.84
$0.00 $1,500.84
College Sub.
Alexander, Terence A 1510 W. 3rd College
Sub. 1 10-26-280-006 $0.00 $2,688.03 $0.00
$2,688.03
362
Regular Session, November 5, 2001
Radloff, David F & Jaxine M 1520 W.3rd
College Sub. 2 10-26-280-005 $0.00 $1,183.36
$0.00 $1,183.36
Radloff, David F & Jaxine M 1520 W.3rd
College Sub. 3 10-26-280-005 $0.00 w/Lot2
Finley Home Add.
City of Dubuque 50 W.13th Finley Home Add.
21 10-26-276-006 $0.00 $2,603.59 $0.00
$2,603.59
City of Dubuque 50 W.13th Finley Home Add.
2210-26-276-006 $0.00 $874.00 $0.00 $874.00
City of Dubuque 50 W.13th Finley Home Add.
23 10-26-276-006 $0.00 $465.45 $0.00 $465.45
City of Dubuque 50 W.13th Finley Home Add.
2410-26-276-006 $0.00 $220.55 $0.00 $220.55
City of Dubuque 50 W.13th Finley Home Add.
2510-26-276-006 $0.00 $132.50 $0.00 $132.50
City of Dubuque 50 W.13th Finley Home Add.
32C 10-26-276-006 $0.00 $34.26 $0.00 $34.26
Ramp Place
Finley Hospital 350 North Grandview Ramp
Place PI. 2-Lot 1 10-26-255-012 $0.00 $742.35
$0.00 $742.35
Finley Home Add.
Finley Hospital 350 North Grandview Finley
Home Add. 1-1-1 10-26-255-011 $0.00
w/Pt2-Lotl
Finley Hospital 350 North Grandview Finley
Home Add. 18 10-26-276-002 $0.00 $1,103.04
$0.00 $1,103.04
Finley Hospital 350 North Grandview Finley
Home Add. 19 10-26-276-003 $0.00 wi 18
Finley Hospital 350 North Grandview Finley
Home Add. 1-2-20 10-26-276-005 $0.00
$1,938.82 $0.00 $1,938.82
Finley Hospital 350 North Grandview Finley
Home Add. 2-2-2010-26-276-005 $0.00
w/1-2-20
Finley Hospital 350 North Grandview Finley
Home Add. 1-20 10-26-276-004 $0.00
$1,014.99 $0.00 $1,014.99
Minard's Sub.
Finley Hospital 350 North Grandview Minard's
Sub.110-26-234-009 $0.00 $1,768.19 $0.00
$1,768.19
Finley Hospital 350 North Grandview Minard's
Sub. 210-26-234-010 $0.00 $1,221.10 $0.00
$1,221.10
Finley Home Add.
Finley Hospital 350 N. Grandview Finley Home
Add. 7 10-26-234-005 $0.00 $1,553.71 $0.00
$1,553.71
Willman, Raymond F & Phyllis A 495 College
Finley Home Add. 8 10-26-234-006 $0.00
$1,553.71 $923.45 $2,477.16
Finley Hospital 350 N. Grandview Finley Home
Add. 9 10-26-234-007 $0.00 $1,646.29 $0.00
$1,646.29
Finley Hospital 350 N. Grandview Finley Home
Add. Finley 10-26-234-008 $0.00 $1,742.33
$0.00 $1,742.33
Finley Hospital 350 N. Grandview Finley Home
Add. A-10&11 10-26-234-008 $0.00 $107.59
$0.00 $107.59
Finley Hospital 350 N. Grandview Finley Home
Add. 2A 10-26-234-017 $0.00 $2,054.61 $0.00
$2,054.61
Finley Hospital 350 N. Grandview Finley Home
Add. 1-16 10-26-234-016 $0.00 $425.53 $0.00
$425.53
Finley Hospital 350 N. Grandview Finley Home
Add. 2-17 10-26-234-016 $0.00 w/1-16
. Finley Hospital 350 N. Grandview Finley Home
Add. 15 10-26-234-015 $0.00 $376.27 $0.00
$376.27
Finley Hospital 350 N. Grandview Finley Home
Add. SE2/3-14 10-26-234-014 $0.00 $167.89
$0.00 $167.89
Finley Hospital 350 N. Grandview Finley Home
Add. NW1/3-1410-26-234-013 $0.00
W/SE1/3-13
Finley Hospital 350 N. Grandvlew Finley Home
Add. SE1/3-13 10-26-234-013 $0.00 $129.39
$0.00 $129.39
Finley Hospital 350 N. Grandview Finley Home
Add. NW2/3-1310-26-234-012 $0.00 $103.91
$0.00 $103.91
Finley Hospital 350 N. Grandview Finley Home
Add. 1210-26-234-011 $0.00 $125.14 $0.00
$125.14
ParkwayiWalsh Area
College Sub.
Sanders, Willard & Joyce 1485 Langworthy
College Sub. 7 10-26-280-001 $0.00 $3,041.67
$652.30 $3,693.97
Sanders, Willard & Joyce 1485 Langworthy
College Sub. 2-6 10-26-280-001 $0.00 w/7
Marolf, Gregg W & Michelle A 1586 W. 3rd SI.
College Sub. 1-6 10-26-280-002 $0.00 $496.63
$0.00 $496.63
Ruff, Neal A & Rose 1574 W. 3rd SI. College
Sub. 5 10-26-280-003 $0.00 $405.96 $0.00
$405.96
Leblanc, Gregory J 2181 Orchard Dr. College
Sub. 4 10-26-280-004 $0.00 $253.93 $0.00
$253.93
Sunnyside
Pearce, Douglas C & Lois K 1560 Douglas
Sunnyside 15 10-26-285-013 $0.00 $1,277.04
$0.00 $1,277.04
Pechous, Annette M 1535 Parkway SI.
Sunnyside 1-14 10-26-285-014 $0.00 $1,092.69
$0.00 $1,092.69
Nelson, Gregory & Conlon, Sarah 1525
Parkway SI. Sunnyside 2-14 10-26-285-015
$0.00 $2,074.71 $0.00 $2,074.71
Nelson, Gregory & Conlon, Sarah 1525
Parkway SI. Sunnyside 13 10-26-285-015 $0.00
w/2-14
Nelson, Gregory & Conlon, Sarah 1525
Parkway SI. Sunnyside W1/2-12 10-26-285-015
$0.00 w/2-14,13
Regular Session, November 5, 2001
363
.
Pearce, Douglas C & Lois K 1560 Douglas
Sunnyside 1-16 10-26-285-002 $0.00 $1,172.40
$0.00 $1,172.40
Kahle, Kathy 1505 Parkway Sunnyside E1/2-
1210-26-285-016 $0.00 $1,959.67 $652.30
$2,611.97
Kahle, Kathy 1505 Parkway Sunnyside 11 10-
26-285-016 $0.00 w/E1/2-12
Kahie, Kathy 1505 Parkway Sunnyside 1/4
owner @ 2-6 10-26-285-008 $30.84 $92.79
$0.00 $61.95
Huff, James W & Sue S 1475 Parkway
Sunnyside 10 10-26-285-017 $0.00 $1,541.11
$0.00 $1,541.11
Huff, James W & Sue S 1475 Parkway
Sunnyside 1/4 owner @ 2-6 10-26-285-008
$30.84 $92.79 $0.00 $61.95
Mullins, Scott J 1465 Parkway Sunnyside 9
10-26-285-018 $0.00 $1 ,675.33 $0.00
$1,675.33
Mullins, Scott J 1465 Parkway Sunnyside 1/4
owner@ 2-6 10-26-285-008 $30.84 $92.79
$0.00 $61.95
Uthe, Daniel J 1435 Parkway St. Sunnyside 8
10-26-285-019 $0.00 $1,533.98 $0.00 $1,533.98
Baumann, Brooks C. 1460 Parkway Sunnyside
2710-26-287-013 $0.00 $1,849.55 $777.04
$2,626.59
Gratiot, Helen Trustee of Helen Gratiot Trust
1440 Parkway St. Sunnyside 28 10-26-287-014
$0.00 $1,906.80 $794.86 $2,701.66
Normington, Gregory 1430 Parkway
Sunnyside 29 10-26-287-015 $0.00 $1,527.41
$830.50 $2,357.91
Normington, Gregory 1430 Parkway
Sunnyside 1-2-39 10-26-287-015 $0.00 w/lot29
Windschitt, Patrick & Jolyn 1420 Parkway
Sunnyside 30 10-26-287-016 $0.00 $1,506.87
$0.00 $1,506.87
Windschitt, Patrick & Jolyn 1420 Parkway
Sunnyside 2-2-39 10-26-287-016 $0.00 $37.80
$0.00 $37.80
Prochaska, James F & Lois E 1410 Parkway
Sunnyside 31 10-26-287-017 $0.00 $1,641.36
$0.00 $1,641.36
Gratiot, Helen Trustee of Helen Gratiot Trust
1440 Parkway Sunnyside 1-39 10-26-287-014
$0.00 w/lot 28
Gratiot, Helen Trustee of Helen Gratiot Trust
1440 Parkway Sunnyside NE1/2-40 10-26-287-
014 $0.00 w/lot 28 & 1-39
Ott, Gertrude M Trust A c/o Roger A Ott Sr
300 Fremont Ave. Dubuque, IA 52003
Sunnyside SW1/2-40 10-26-287-013 $0.00
w/lot27
Sunnyside M.L. 158
Ott, Gertrude M Trust A c/o Roger A Ott Sr
300 Fremont Dubuque, IA 52003 Sunnyside 1-1-
1-510-26-287-013 $0.00 w/lot 27 & SW1/2-40
McDonald Home Place
.
.
Johnson, Gregory G & Rebecca A 1480
Parkway McDonald Home Place 1 10-26-287-
011 $0.00 $4,342.82 $0.00 $4,342.82
Skinner, Karen J 1500Parkway McDonald
Home Place 1-25 10-26-287-007 $0.00
$2,056.09 $777.04 $2,833.13
Spensley, Michael A & Judith L 1534 Parkway
McDonald Home Place 2410-26-287-006 $0.00
$1,756.69 $777.04 $2,533.73
Henry, Arnold J 1536 Parkway St. McDonald
Home Place 23 10-26-287-005 $0.00 $1,340.32
$759.22 $2,099.54
Mc Donell, Kevin J & Bennet Mc Donnel, Jill M
1540 Parkway McDonald Home Place 22 10-26-
287-004 $0.00 $1,402.50 $0.00 $1,402.50
Sunnyside
Smith, Lois 11546 Parkway Sunnyside 21 10-
26-287-003 $0.00 $1,477.28 $830.50 $2,307.78
SChoofs, Catherine A 1550 Parkway
Sunnyside 20 10-26-287-002 $0.00 $1,325.80
$777.04 $2,102.84
Waterman, Thomas C & Diane E 1552
Parkway Sunnyside 2-19 10-26-287-001 $0.00
$1,490.70 $866.14 $2,356.84
Boxleiter's Sub. of 1-C. Boxleiter's
Waterman, Thomas C & Diane E 1552
Parkway Boxleite~s Sub. of 1-C. Boxleite~s 2-4
10-26-287-001 $0.00 w/2-19
Parkway Place
Kartman, Louis E & Romona J 1554 Parkway
Parkway Place 1 10-26-257-022 $0.00
$2,213.87 $0.00 $2,213.87
Jaeger, James Eugene 1558 Parkway
Parkway Place 2 10-26-257-021 $0.00
$1,862.70 $0.00 $1,862.70
Mulgrew's Sub.
Ronek, Alvin E & Nancy G Hoerner-Ronek
1570 Parkway Mulgrew's Sub. 1 10-26-257-016
$0.00 $1,327.99 $0.00 $1,327.99
Tegler, Linda K 1566 Parkway Mulgrew's Sub.
210-26-257-017 $0.00 $1,413.73 $0.00
$1,413.73
Recker, Brian E & Simon, Abagail M 1564
Parkway Mulgrew's Sub. 310-26-257-018 $0.00
$1,481.67 $741.40 $2,223.07
Richter, David A & Victoria J 1562 Parkway
Mulgrew's Sub. 4 10-26-257-019 $0.00
$1,540.01 $0.00 $1,540.01
Richter, David A & Victoria J 1562 Parkway
Mulgrew's Sub. 5 10-26-257-020 $0.00
$1,575.90 $0.00 $1,575.90
Mink's Sub
Spahn, Jeffery D P.O. Box 149 Dubuque, IA
52004-0149 Mink's Sub E1/2-1-1 10-26-257-012
$0.00 $105.19 $0.00 $105.19
Foster, John T & Zondra R 1670 W. 3rd Mink's
Sub 2-1 10-26-257-013 $0.00 $393.91 $0.00
$393.91
Frey, Patricia C 1690 W. 3rd Mink's Sub 2-2
10-26-257-015 $0.00 $373.09 $0.00 $373.09
Frey, Patricia C 1690 W. 3rd Mink's Sub 2-2-1-
310-26-257-015 $0.00 w/2-2
364
Regular Session, November 5, 2001
Langworthy area
Sunnyside
Walsh, Kevin J 1414 Langworthy Sunnyside
3210-26-287-018 $0.00 $2,117.99 $0.00
$2,117.99
Bassier, Eugene P & Genevieve F 139 N
Booth Sunnyside 33 10-26-287-019 $0.00
$617.15 $0.00 $617.15
Brown, Yvonne 127 N Booth Sunnyside 34 10-
26-287-020 $0.00 $430.34 $0.00 $430.34
Albert, Gregory K & Debra J 115 N Booth
Sunnyside 35 10-26-287-021 $0.00 $190.38
mm 1~~
Belken, Scott J. 113 N Booth Sunnyside 36
10-26-287-022 $0.00 $109.02 $0.00 $109.02
Paraoiso, Philip 0 & Susan A 111 N Booth
Sunnyside 37 10-26-287-023 $0.00 $82.73
$0.00 $82.73
O'Neill's Sub.
Kubesheski, John T & Lenore 229 N Booth
O'Neill's Sub. S.58-1 10-26-282-015 $0.00
$2,142.10 $0.00 $2,142.10
Gheer, Rick & Debora 231 N Booth O'Neill's
Sub. N.2-1 10-26-282-014 $0.00 w/S.38-2
Gheer, Rick & Debora 231 N Booth O'Neill's
Sub. S.38-2 10-26-282-014 $0.00 $574.42 $0.00
$574.42
Palmer, Glenna F CaNT. Reding, Christopher
N & Cindy 243 N Booth O'Neill's Sub. N.22-2 10-
26-282-013 $0.00 $228.18 $0.00 $228.18
O'Neills's Sub. 2
Palmer, Glenna F CaNT. Reding, Christopher
N & Cindy 243 N Booth O'Neills's Sub. 2 S.18-8
10-26-282-013 $0.00 $137.51 $0.00 $137.51
Slattery, Roger T 251 N Booth O'Neills's Sub.
2 N.40-8 10-26-282-012 $0.00 $185.17 $0.00
$185.17
O'Neill's Sub.
Lorenz, Mathias K AKA. Lorenz, Mathias
Kiebel 1483 Langworthy O'Neill's Sub. W.30-3
10-26-282-007 $0.00 $1,177.88 $616.66
$1,794.54
Lorenz, Mathias K A.KA Lorenz, Mathias
Kiebel 1483 Langworthy O'Neill's Sub. E.10-4
10-26-262-007 $0.00 wNl.30-3
Sanders, Willard N & Joyce H 1485
Langworthy O'Neill's Sub. W.40-4 10-26-282-
006 $0.00 $1,413.46 $652.30 $2,065.76
Sanders, Willard N & Joyce H 1485
Langworthy O'Neill's Sub. 2-5 10-26-262-006
$0.00 wNl.40-4
Kelly, Michael P & Linda L 1469 Langworthy
O'Neill's Sub. 1-5 10-26-281-011 $0.00
$1,236.78 $0.00 $1,236.78
Diamandakis, Michael E & Constantina A.KA
Dena 590 Bradley O'Neill's Sub. 6 10-26-281-
010 $0.00 $1,509.61 $563.20 $2,072.81
Diamandakis, Michael E & Constantina AKA.
Dena 590 Bradley O'Neill's Sub. S. Bal,Vac.
Alley Abutting Lot 6 of O'Neill's Sub. 10-26-281-
010 $0.00 w/Lot 6
Conlin, Michaels S 1415 Parkway O'Neill's
Sub. 7 10-26-285-020 $0.00 $1,982.68 $794.86
$2,777.54
Douglas St. Area College Sub.
Vaughn, Ronald J 1561 Parkway St. College
Sub. 1-Sub of 8,9,10,11&12 10-26-280-007
$0.00 $2,462.59 $0.00 $2,462.59
Vaughn, Ronald J 1561 Parkway St. College
Sub. W.2'-2-Sub of 6,9,10,11&12 10-26-280-007
$0.00 w/007
Decker, Raymond E & Edith R 1593 Douglas
College Sub. E.41.5'-2-Sub of 8,9,10,11&11&12
10-26-280-008 $0.00 $1,333.20 $0.00 $1,333.20
Decker, Raymond E & Edith R 1593 Douglas
College Sub. W,3.5'-3-Sub of 8,9,10,11&1210-
26-260-006 $0.00 w-008
Myhre, Pamela K 1585 Douglas College Sub.
E. 40'-3-Sub of 8,9,10,11&12 10-26-280-009
$0.00 $1,158.98 $741.40 $1,900.38
Hickson, Patrick T & Kathy A 1575 Douglas
College Sub. 4-Sub of 8,9,10,11&12 10-26-280-
010 $0.00 $1,260.33 $630.50 $2,090.63
Bradley, Gregory E 1569 Douglas College
Sub. 5-Sub of 6,9,10,11&12 10-26-260-011
$0.00 $1 ,260.33 $612.66 $2,073.01
Dawson, John F & Cathy A 1557 College
College Sub. 6-Sub of 8,9,10,11&1210-26-280-
012 $0.00 $1,260.33 $0.00 $1,260.33
Heller, Harriet R 1543 College College Sub. 7-
Sub of 6,9,10,11&12 10-26-280-013 $0.00
$1,537.27 $812.68 $2,349.95
Heller, Harriet R 1543 College College Sub.
7A-Sub of 8,9,10,11&1210-26-280-013 $0.00
w/013
Norman, Edith S 1525 Douglas College Sub.
1310-26-280-015 $0.00 $1,671.77 $759.22
$2,430.99
Norman, Edith S 1525 Douglas College Sub.
2-1410-26-280-015 $0.00 w/15
Norman, Wayne A & Edith S 1525 Douglas
College Sub. 1-14 10-26-280-016 $0.00
$3,900.70 $0.00 $3,900.70
Norman, Wayne A & Edith S 1525 Douglas
College Sub. 15 10-26-280-016 $0.00 w/1-14
Sunnyside
Pearce, Douglas C & Lois K 1560 Douglas
Sunnyside 1 10-26-285-003 $0.00 $1,302.79
$0.00 $1,302.79
Pearce, Douglas C & Lois K 1560 Douglas
Sunnyside 2-16 10-26-285-003 $0.00 $645.64
$0.00 $645.64
Pearce, Douglas C & ~ois K 1560 Douglas
Sunnyside 2-610-26-285-003 $0.00 w/2-16
Clemens, Mark P & Laurie L 1550 Douglas
Sunnyside 2 10-26-285-004 $0.00 $1,369.63
$581.02 1,950.65
Recker, Sharon 1540 Douglas Sunnyside 3
10-26-285-005 $0.00 $1,369.63 $0.00 $1,369.63
Uthe, Cheryl R 1530 Douglas Sunnyside 1-
4&1-510-26-285-006 $0.00 $1,407.71 $768.13
$2,175.84
Regular Session, November 5, 2001
365
.
Wright, Nancy Lee Ruth 1510 Douglas
Sunnyside 2-4&1-5 10-26-285-007 $0.00
$1,956.10 $0.00 $1,956.10
Blok, Robert W.Jr. 175 College Sunnyside 2-5
10-26-285-008 $0.00 $1 ,926.79 $741040
$2,668.19
Blok, Robert W.Jr. 175 College Sunnyside 1-6
10-26-285-008 $0.00 w/2-5
Blok, Robert W.Jr. 175 College Sunnyside 1/4
owner @ 2-6 10-26-285-008 $30.84 $92.79
$0.00 $61.95
Link, Kenneth J & Mueller, Sandra L 1547
Parkway SI. Sunnyside 1-17 10-26-285-001
$0.00 $3,166.58 $0.00 $3,166.58
Link, Kenneth J & Mueller, Sandra L 1547
Parkway Sunnyside 18 10-26-285-001 $0.00
w/1-17
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
.
Contribution lor Dubuque County Fire Tow
Vehicle. City Manager recommending approval
of a request from the Dubuque County
Firefighters Association for a $5,000 contribution
for the purchase 01 a new vehicle for towing the
Life Salety Trailer and the SCBA Training
Trailer, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Supplement No. 52 to the Code 01
Ordinances: City Manager recommending
adoption of Supplement No. 52 to the City 01
Dubuque Code of Ordinances, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
.
RESOLUTION NO. 468-01
ADOPTING SUPPLEMENT NO. 52 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date 01 July 17, 1989, the City
Council" pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances 01 the City of
Dubuque, Iowa lor ordinances adopted up to
and inciuding December 19, 1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code of
Ordinances; and
Whereas. Section 380.8 01 the Code of
Ordinances provides that supplements by
resolution, become part of the Code 01
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 52 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 55-01 enacted through September 4, 2001
and prepared by the Sterling COdifiers, Inc,
Coeur D'Alene, 10 hereto filed in the Office 01
the City Clerk of the City 01 Dubuque, Iowa be
and is hereby adopted and becomes part of the
Code 01 Ordinances of the City 01 Dubuque,
Iowa.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Parking Agreement with MOl Limited
Partnership #47: City Manager recommending
approval 01 a parking agreement between the
City of Dubuque and MOl Limited Partnership
#4 7 to provide parking for residents of
Cornerstone Place, presented and read.
Nicholson moved that the communication be
received and liled and approved
recommendation. Seconded by Robbins Motion
carried 7-0.
Dubuque Racing Association: City Manager
recommending approvai of the Dubuque Racing
Association's Capital Improvement Program for
2002, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Civil Service Commission:
October 2, 2001
Honorable Mayor and
Members 01 the City Council
In accordance with Chapter 400 of the 2001
Code of Iowa, an examination for the position of
Foreman was given on June 27, 2001. We
hereby certify that the following individuals be
added to the previously certified list lor this
position.
FOREMAN
Kevin Grace
Mike Horslall
Respectfully submitted,
1st Loras Kluesner, Chairperson
Isl Merle Duehr
Isl Richard Wertzberger
Civil Service Commission
Buol moved that the communication be
received and filed and made a matter of record.
Seconded by Markham. Motion carried 7-0.
Third and Main Parking Lot Construction
Project Acceptance: City Manager
recommending acceptance of the Parking Lot at
Third and Main Street Construction Project in
366
Regular Session, November 5, 2001
the final contract amount of $89,242.43,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 469-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Parking Lot
Project at Third and Main Streets has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contracts, plans and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2001 Parking
Construction Fund and Street Improvement
Fund in amounts equal to the amount of this
contract, less any retained percentage provided
for therein.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 470-01
FINAL ESTIMATE
Whereas, the contract for the Parking Lot
Project at Third and Main Streets has been
completed and the Economic Development
Director has submitted a final estimate showing
the cost thereof including. the cost of estimates,
notices and inspection and ali miscelianeous
costs.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $89,242.43 and the
said amount shall be paid from the Fiscal Year
2001 Parking Construction Fund and Street
Improvement Fund.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 471-01
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Malo Oil Company Big 10 Mart Car
Wash+(Sunday Sale) 1875 JFK Rd
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 472-01
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License
CLASS C BEER/LIQUOR LICENSE
Carlos O'Kelly's Inc Carlos O'Kelly's Mexican
Cafe+(Sunday Sale) 1355 Associates Dr
Sun's Corp Yen Ching Restaurant
926 Main St
Raysan Corp Bridge Restaurant+
(Sunday Sale) 31 Locust St
New Beginnings, Inc. The New King of Clubs
+ (Sunday Sale) 1902 Central Ave
Passed, approved and adopted this 5'h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSiONS
Interviews for the following Board/Commission:
Civic Center Commission: (One unexpired
term ending 6/29/04 - Term of Sesterhenn)
Regular Session, November 5, 2001
367
.
Applicants: Susan M. Balsamo, Mark M.
Nauman, Bryce Parks, Katie Peterson. Ms.
Balsamo withdrew her appiication. Mr. Nauman,
Mr. Parks, and Ms. Peterson spoke requesting
consideration for appointment.
Appointments to the following Boards /
Commissions:
TV Cable Regulatory Commission (One term
to expire 6/30104 - Term of Pratt)) Applicant:
Michael Pratt. Michalski moved that Mr. Pratt be
reappointed to the three year term expiring
6/30/04. Seconded by Nicholson. Motion carried
7-0.
ACTION ITEMS
Tara Winger: Verbal request of Tara Winger to
address the City Council regarding
discrimination. Ms. Winger was not in
attendance.
.
Port of Dubuque - Consultant Selection for
Project Manager Services: City Manager
recommending approval of The Durrant Group
to provide project management services for the
public improvements at the Port of Dubuque,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
.
RESOLUTION NO. 473-01
A RESOLUTION APPROVING THE
SELECTION OF A CONSULTANT TO
PROVIDE PROJECT MANAGER SERVICES
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN APPROPRIATE CONTRACT
FOR SAID SERVICES.
Whereas, the City of Dubuque, Iowa has made
a commitment to the America's River Project to
design and construct public improvements at the
Port of Dubuque; and
Whereas, a Request for Proposals solicited
consultant services to provide project manager
services for the public improvements at the Port
of Dubuque; and
Whereas, The Durrant Group is recommended
to provide the project manager services.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the selection of The Durrant
Group as the consultant to provide project
manager services for the public improvements at
the Port of Dubuque for the City of DUbuque is
hereby approved.
Section 2. That the City Manager is hereby
authorized to execute, on behalf of the City
Councii of the City of Dubuque, Iowa, a contract
with The Durrant Group for consultant services
not to exceed $822,856.00.
Passed, approved and adopted this 5th day of
November 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Legislative Priorities for 2002 Legislative
Session: City Manager submitting the City's
legislative positions for the 2002 Legislative
Session, presented and read. Markham moved
that the communication be received and filed
and approved recommendation. Seconded by
Robbins. Motion carried 7-0. Michalski stated
the City needs to obtain supporl from the Iowa
League of Cities for Hwy 20 improvements.
COUNCIL MEMBER REPORTS
Nicholson stated everyone should vote on
Tuesday. Cline commended Darlene O'Neill and
Judy Schmidt of Hempstead High School on
their being finalists for the Evelyn Yaeger Award
from the University of Iowa for their great
amount of work with diversity at Hempstead
High. Michalski commended the Hempstead
High School Political Science classes for their
interest and work on the Mayor and Council
candidates' forum with the League of Women
Voters.
ITEMS TO BE SET FOR PUBLIC HEARING
Alliant Energy (Interstate Power Company)
Expansion: City Manager recommending that a
pubiic hearing be set for November 19, 2001 for
sale of 16.67 acres in Dubuque Industrial Center
West to Alliant Energy, presented and read.
Cline moved that the communication be
received and filed. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 474-01
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN REAL PROPERTY BY
INSTALLMENT CONTRACT TO INTERSTATE
POWER COMPANY.
WHEREAS, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property), as shown on Exhibit A attached
hereto consisting of 16.67 acres, more or less;
and
WHEREAS, City and Interstate Power
Company have entered into a Development
Agreement, subject to the approval of the City
Council, a copy of which is on file at the Office of
the City Clerk, City Hall, 50 W. 13'h Street,
Dubuque, Iowa pursuant to which City will
convey the Property to Interstate Power
Company; and
WHEREAS, the City Council has tentatively
determined that it would be in the best interests
368
Regular Session, November 5, 2001
of the City to approve the Development
Agreement, including conveyance of the
Property to Interstate Power Company.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property by Installment Contract to Interstate
Power Company.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on City's
intent to dispose of the foregoing-described
Property, to be held on the 19th day of
November, 2001, at 6:30 p.m. at the Carnegie-
Stout Public Library Auditorium, 360 W. 11'h
Street, Dubuque, Iowa.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
further moved that this be set for Public Hearing
on 11/19/01 at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Buol. Motion carried 7-0.
Finley Hospital - Vacating Request: City
Manager recommending that a public hearing be
set for November 19, 2001 to consider a
vacating request from The Finley Hospital for a
portion of an alley west of College Street,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
RESOLUTION NO. 475-01
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED ALLEY WEST OF
COLLEGE STREET
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated October 26, 2001, prepared by IIW
Engineers & Surveyors, PC describing the
proposed vacated alley west of College Street;
and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated October 26,
2001, prepared by IIW Engineers & Surveyors,
P.C., relative to the real estate hereinabove
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque Coun!l(, Iowa.
Passed, approved and adopted this 5 h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
An Ordinance Vacating the alley west of
COllege Street, presented and read.
ORDINANCE NO. 70-01
ORDINANCE VACATING THE ALLEY WEST
OF COLLEGE STREET
Whereas, The Finley Hospital has requested
the vacating of the alley west of COllege Street;
and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of an alley west
of College Street and assigned lot number
thereto, which hereinafter shall be known and
described as Lot 4A of Finley Home Addition in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the alley
west of College Street is no longer required for
public use, and vacating of said alley known as
Lot 4A of Finley Home Addition in the City of
Dubuque, Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 4A of Finley Home Addition in the City of
Dubuque, iowa, be and the same is hereby
vacated.
Passed, approved and adopted this S'" day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Cline 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 Buol. Motion carried 7-0.
RESOLUTION NO. 476-01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 4A OF FINLEY HOME
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, The Finley Hospital has requested
the vacating of an alley west of College Street.
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
Regular Session, November 5, 2001
369
.
plat showing the vacated alley west of College
Street and assigned lot number thereto, which
hereinafter shall be known and described as Lot
4A of Finley Home Addition in the City of
Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this alley
west of College Street is no longer required for
public use, and vacating and sale of said
portions of alleys and streets known as Lot 4A in
the City of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 4A of Flniey Home
Addition in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 4A of
Finley Home Addition in the City of Dubuque,
Iowa to The Finley Hospital be contingent upon
the payment of $500.00, plus platting,
publication and filing fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by, law.
Passed, approved and adopted this S h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
further moved that a Public Hearing be set on
11/19/01 at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Buol. Motion carried 7-0.
.
Oneida Street - Disposal of City Property:
Communication from Robert J. VanderMeulen
requesting to purchase a portion of City-owned
property adjacent to 3940 Oneida Street and
City Manager recommending that a public
hearing be set for November 19, 2001 to
consider a request from Robert J.
VanderMeulen to purchase City-owned property
located adjacent to 3940 Oneida Street,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
.
RESOLUTION NO. 477 -01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 2-2-1.1.1.3 N Y, SE Y.
NW Y. OF SECTION 12, T89N, R2E, 5TH P.M.,
DUBUQUE COUNTY, DUBUQUE, IOWA
Whereas, Robert J. VanderMeulen has
requested the vacating of Lot 2-2-1-1-1-3 N Y,
SE Y. NW Y. of Section 12, T89N, R2E, S'" P.M.,
Dubuque County, Dubuque, Iowa.
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this lot is no
longer required for public use and sale of said
real property known as Lot 2-2-1-1-1-3 N Y,SE
Y. NW Y. of Section 12, T89N, R2E, 5'" P.M. in
the City of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 2-2-1-1-1-3 N Y, SE
y. NW Y. of Section 12, T89N, R2E, 5'" P.M., in
the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 2-2-1-1-
1-3 N Y, SE Y. NW Y. of Section 12, T89N, R2E,
S'" P.M in the City of Dubuque, Iowa to Robert J.
VanderMeulen be contingent upon the payment
of $300.00, plus platting, publication and filing
fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by, law.
Passed, approved and adopted this S h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
further moved that this be set for public hearing
on 11/19/01 at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Buol. Motion carried 7-0.
Ice Rinks and Murphy Park Tennis Courts
Lighting Replacement Project - Initiate: City
Manager recommending initiation of the bidding
process for the Ice Rinks and Murphy Park
Tennis Courts Lighting Replacement Project and
setting a public hearing for December 3, 2001,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
RESOLUTION NO. 478-01
PRELIMINARY APPROVAL OF PLANS AND
SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, forrr
of contract and estimated cost for the Ice Rink
and Murphy Tennis Courts Lighting Project, in
the estimated amount of $108,S41.32, are
hereby approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, approved and adopted this S'" day of
November, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
370
Regular Session, November 5, 2001
RESOLUTION NO. 479-01
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the ice Rink and Murphy Tennis Courts
Lighting Project.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE,IOWA:
That on the 3" day of December, 2001, a
public hearing will be held at 6:30 p.m. In the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for Its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract. or estimated cost of the
improvement.
Passed, approved and adopted this 5'h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 480-01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Ice Rink and Murphy Tennis Courts
Lighting 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
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Cler~ is hereby directed to
advertise for bids for the construction of the
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
the 20th day of November, 2001. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3" day of December,
2001.
Passed, approved and adopted this 5th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Buol. Motion canned 7-0.
At 6:55 P.M. Buol moved to go into Closed
Session re: Property Acquisition - Iowa Code
Chapter 21.5(1 )0). Seconded by Markham.
Motion carried 7 -0.
At 7:27 P.M. Council reconvened Regular
Session stating that staff had been given proper
direction.
There being no further business, Buol moved
to adjourn. Seconded by Markham. Motion
carried 7-0. The meeting adjourned at 7:28 P.M.
Isl Jeanne F. Schneider
City Clerk
2002
2002
Adopt
~~~t~
Council Members
Attest: ~ //)
/.Jd4~~~;7': ~h.<?..-c~
C'tY Clerk
Special Session, November 13, 2001
371
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Speciai Session, November 13,
2001
At 5:00 P.M. Council had dinner in the Second
Floor Rotunda of the Public Library.
At 5:30 P.M. Council convened for the Special
Session in the Public Library Auditorium.
Present Mayor Duggan, Council Members
Buol, Cline, Markham, Michaiski, Nicholson,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of considering an amendment to the
RuscillilMcGraw Hill Development Agreement
and discussing unit based pricing.
.
First Amendment to Rusciili/McGraw-Hill
Development Agreement City Manager
recommending approval of the first amendment
to the Ruscilli/McGraw-Hill Development
Agreement, presented and read. Markham
moved that the communication be received and
filed and recommendation approved. Seconded
by Suoi. Motion carried 7-0.
There was a discussion of Unit Based Pricing
for Refuse Collection and consensus was to
proceed with the staff recommendation to
implement the State-mandated prograrn.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Malian
carried 7-0. The meeting adjourned at 6:23 P.M.
Is/ Jeanne F. Schneider
City Clerk
1\ 11/21
.
APprUU"d-1<'-1' ;;?7'
Mop . M~"':c,j4<,/ ~
(// /
2002
2002
Councii Members
Attest
'4)
372
Regular Session, November 19, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Council, Regular Session, Monday, November
19,2001
Council Met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Cline, Markham, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen, Corporation
Counsel Barry Lindahl. Council Member Buol by
electronic means.
Mayor Dug9an read the call and stated this is
the regular session of the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Father Dwayne
Thoman, Spiritual Director of Wahlert High
School.
CONSENT ITEMS
Minutes Submitted: City Council of 11/5; Civil
Service Commission of 10/2 and 10/16;
Electrical Code Board of 9125; Historic
Preservation Commission of 10/9; Human
Rights Commission of 10/8; Park and
Recreation Commission of 10/9; Transit Board
of 10/11; Zoning Advisory Commission of 11/7;
Zoning Board of Adjustment of 10/25, presented
and read. Nicholson moved that the minutes be
received and filed. Seconded by Robbins.
Motion carried 7-0
Proof of publication of City Council
Proceedings of 10/15; Proof of publication of List
of Claims and Summary of Revenues for month
ending September 30, 2001, presented and
read. Nicholson moved that the proofs be
received and filed. Seconded by Robbins.
Motion carried 7-0.
Finance Director submitting the Financial
Reports for the month ending October 31,2001,
presented and read. Nicholson moved that the
communication and reports be received and
filed. Seconded by Robbins. Motion carried 7-0
Notice of Ciaims/Suits: Virginia A. Bird in
estimated amount of $107.43 for vehicle
damage; Dale J. Ehlers in estimated amount of
$1,513.16 plus rental reimbursement for vehicle
damage; Hank's Specialties in estimated
amount of $2,724.68 for vehicle damage;
Timothy Klinkhammer in undetermined amount
for vehicle damage; Theressa Northouse in
estimated amount of $84.80 for properly
damage; Susan and Ronald Tigges in estimated
amount of $1,288 plus car rental for vehicle
damage, presented and read. Nicholson moved
that the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
Robbins. Motion carried 7-0.
Appeal of William Kelly v. the City of Dubuque,
Iowa and Civil Service Commission of the City of
Dubuque, Iowa, presented and read. Nicholson
moved that the appeal be referred to the Legal
Staff for investigation and report. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Dale J.
Ehlers for vehicle damage; Candace and
Elizabeth Fuerst for vehicle damage and
personal injury; Timothy Klinkhammer for vehicle
damage; State Farm Insurance for vehicle
damage; and Ronald and Susan Tigges for
vehicle damage, presented and read. Nicholson
moved that the communications be received and
filed and concurred with the dispositions.
Seconded by Robbins. Motion carried 7 -0.
Corporation Counsel recommending denial of
the claim of Mat! Bay for vehicle damage,
presented and read. Nicholson moved that the
communication be received and filed and
concurred with recommendation. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel recommending that the
claims of Corey Lorenz for vehicle damage and
Gene Chapman for property damage be settled
and that the Finance Director be directed to
issue payment, presented and read. Nicholson
moved that the communication be received and
filed and concurred with the recommendation
and Finance Director to issue proper cheCK.
Seconded by Robbins. Motion carried 7-0.
Substance Abuse Services Center:
Communication from Diane K. Thomas,
Substance Abuse Services Center, requesting
financial support for Fiscal Year 2002, presented
and read. Nicholson moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Robbins. Motion carried 7-0.
Parking Lot Project at Third and Main: City
Manager recommending that Resolution No.
469-01 Accepting Improvement and
Resolution No. 470-01 - Final Estimate for the
Parking Lot Project at Third and Main be
rescinded as the project had previously been
Regular Session, November 19, 2001
373
.
accepted on May 21,2001, presented and read.
Nicholson moved that the communication be
received and filed. Seconded by Robbins.
Motion carried 7-0.
.
RESOLUTION NO. 481-01
RESCINDING RESOLUTIONS 469-01 AND
470-01
Whereas, Resolution No. 206-01 and
Resolution No. 207-01 adopted on May 21,2001
established the finai cost for and accepted the
Parking Lot at Third and Main Streets; and
Whereas, on November 5, 2001 the City
Council inadvertently adopted Resolution no.
469-01 and No. 470-01 which also established
the final cost for and accepted the Parking Lot at
Third and Main Streets; and
Whereas, Resolution No. 469-01 and
Resolution No. 470-01 should be rescinded.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 469-01 and
Resolution No. 470-01 are hereby rescinded.
Passed, approved and adopted this 19th day
of November 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Five Flags Theater Renovation Project -
Acceptance: City Manager recommending
acceptance of the Five Flags Theater
Renovation Project in the final contract amount
of $750,283.36, presented and read. Nicholson
moved that the communication be received and
filed. Seconded by Robbins. Motion carried 7-0.
.
RESOLUTION NO. 482-01
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Five Flags
Theater Renovation Project has been compieted
and the City Manager has examined the work
and fiied his certificate stating that the same has
been completed according to the terms of the
contract, plans and speCifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, by
the City Council of the City of Dubuque, Iowa,
that the recommendation of the City Manager be
approved and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 483-01
FINAL ESTIMATE
WHEREAS, the contract for the Five Flags
Theater Renovation Project has been completed
and the Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, by
the City Council of the City of Dubuque, Iowa:
Section 1. That the cost of said improvement is
hereby determined to be $750,283.36, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Bunker Hill Building Renovation Project -
Acceptance: City Manager recommending
acceptance of the Bunker Hill Building
Renovation Project in the final contract amount
of $378,787.00, presented and read. Nicholson
moved that the communication be received and
filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 484-01
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Bunker Hill
Building Renovation Project has been completed
and the City Manager has examined the work
and filed his certificate stating that the same has
been completed according to the terms of the
contract, plans and speCifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, by
the City Council of the City of Dubuque, Iowa,
that the recommendation of the City Manager be
approved and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 485-01
FINAL ESTIMATE
WHEREAS, the contract for the Bunker Hill
Building Renovation Project has been completed
374
Regular Session, November 19, 2001
and the Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, by
the City Council of the City of Dubuque, Iowa:
Section 1. That the cost of said improvement is
hereby determined to be $378,787, and the said
amount shall be paid from the General Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Amendment of Legal Description for
Previously Annexed City Property: City Manager
recommending approval of a revised legal
description for property annexed to the City of
Dubuque, Iowa, presented and read. Nicholson
moved that the communication be received and
filed. Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 486-01
RESOLUTION AMENDING RESOLUTION NO.
481A-98 BY APPROVING A REVISED LEGAL
DESCRIPTION FOR CERTAIN PROPERTY
ANNEXED TO THE CITY OF DUBUQUE,
IOWA.
Whereas, the City of Dubuque, Iowa
voluntarily petitioned for annexation of
approximately 1.15 acres of property owned by
the City of Dubuque pursuant to Seclion 368.7
of the Code of Iowa by adoption of Resolution
No. 481A-98; and
Whereas, the City Development Board of the
State of Iowa approved the voluntary annexation
petition; and
Whereas, the adopted Resolution No. 481A-98
contained a typographical error in the legal
description of the annexed property; and
Whereas, the City of Dubuque requests that
the Findings of Fact, Conclusions of Law and
The Final Order filed by the City Deveiopment
Board approving the voluntary annexation
petition be amended with the correct iegai
description.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 2 of Resoiution No.
481 A-98 is hereby amended as follows:
That the territorial limits of the City of Dubuque,
Iowa be, and they hereby are extended to
include the property legally described as Lot 2 of
NE Y. of SE Y. of Section 25, T89N, R1E, 5th
P.M., in Dubuque County, Iowa, as shown in
Exhibit A.
Section 2. That the City Cierk shall file this
amendment request with the City Development
Board of the State of iowa.
Passed, approved and adopted this 19th day
of November, 2001 .
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Megan-Nicole Valley Subdivision - Final Plat:
Zoning Advisory Commission recommending
approval of the final plat of Megan-Nicole Valley
Subdivision at the end of Miller Road In the City
of Dubuque and Dubuque County as requested
by Richard and Tom Henschel, presented and
read. Nicholson moved that the communication
be received and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 487.01
RESOLUTION APPROVING THE FINAL PLAT
OF MEGAN-NICOLE VALLEY SUBDIVISION
Whereas, there has been filed with the City
Clerk a final plat of Megan-Nicole Valley
Subdivision; and
Whereas, said plat provides Lot 1 and Lot 2
with 0 feet of lot frontage, where 60 feet is
required by Section 42-19(b) of the Subdivision
Regulations; and
Whereas, said final plat has been examined by
the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
and Lot 2 to have 0 feet of frontage, where 60
feet is required.
Section 2. That the final plat of Megan-Nicole
Valley Subdivision is hereby approved, and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Plat of Survey of Westview Shopping Center
Place No.2: Zoning Advisory Commission
recommending approval of the Plat of Survey of
Westview Shopping Center Place NO.2 located
at John F. Kennedy Road and Congress Circie
as requested by Nick Yianpias, presented and
read. Nicholson moved that the communication
Regular Session, November 19, 2001
375
.
be received and filed. Seconded by Robbins.
Motion carried 7-0.
.
RESOLUTION NO. 488-01
RESOLUTION APPROVING THE PLAT OF
SURVEY OF WESTVIEW SHOPPING CENTER
PLACE NO.2
Whereas, there has been filed with the City
Clerk a plat of survey of Westview Shopping
Center Place No.2; and
Whereas, said plat provides Lot 1 with 50.10
feet of lot frontage, where 60 feet is required, by
Section 42-19(b) of the Subdivision Regulations;
and
Whereas, said plat of survey has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said plat of survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
to have 50.10 feet of lot frontage where 60 feet
is required.
Section 2. That the plat of survey of Westview
Shopping Center Place No. 2 is hereby
approved, and the Mayor and City Cierk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon said
final plat.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Fiscal Year 2002 Annual Action Plan: City
Manager recommending approval of a second
amendment to the City's Fiscal Year 2002
Community Development Block Grant (CDBG)
Annual Plan, presented and read. Nicholson
moved that the communication be received and
filed. Seconded by Robbins. Motion carried 7-0.
.
RESOLUTION NO. 489-01
RESOLUTION APPROVING AMENDMENT 2
TO THE FISCAL YEAR 2002 (PROGRAM
YEAR 2001) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Whereas, the City of Dubuque prepared and
filed an Annual Action Plan for Fiscal Year 2002;
and
Whereas, the City of Dubuque now desires to
amend said Annual Plan as per the attached
Exhibit A; and
Whereas, said amendment for the Youth
Empowerment Services program is a substantial
amendment as provided In the City's Citizen
Participation Plan and must therefore be
approved by resolution of the City Council after
a public hearing by the Community Deveiopment
Advisory Commission; and
Whereas, the City advertised a public
comment periOd beginning October 3, 2001; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment at a public hearing on November 8,
2001, and has voted to approve said
amendment and to recommend approval by the
City Council; and
Whereas, said amendment for Housing Rehab
software and Homeowner Rehab are non-
substantial amendments as provided in the
City's Citizen Participation Plan and must
therefore be approved by resolution of the City
Council after review by the Community
Development Advisory Commission; and
Whereas, the Community Development
Advisory Commission reviewed these proposed
amendments on October 11 and November 8,
2001, and has voted to approve said
amendments and to recommend approval by the
City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 2 to the Fiscal
Year 2002 (Program Year 2001) Annual Action
Plan for the Community Deveiopment Block
Grant Program hereto attached as Exhibit A is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Federal Aid Surface Transportation Project -
University Avenue from Spruce to Delhi: City
Manager recommending approval of a Project
Agreement with the Iowa Department of
Transportation for Federal-Aid Surface
Transportation Program funds relating to the
construction of University Avenue from Delhi to
Spruce, presented and read. Nicholson moved
that the communication be received and filed.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 490-01
RESOLUTION APPROVING THE PROJECT
AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR
376
Regular Session, November 19, 2001
FEDERAL-AID SURFACE TRANSPORTATION
PROGRAM (STP) PROJECT 6-01-STPU-13
WITH THE IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO THE
CONSTRUCTION OF UNIVERSITY AVENUE
FROM DELHI TO SPRUCE
Whereas, the Iowa Department of
Transportation (IDOT) is proposing to fund
eighty percent (80%) of the cost for the
reconstruction of University Avenue from Delhi
to Spruce Street.
Whereas, iDOT has prepared an agreement
outlining the terms under which Federal-Aid STP
funds may be made available to the City for the
reconstruction of University Avenue from Delhi
to Spruce Street; and
Whereas, the City Council of the City of
DUbuque approves the terms and conditions of
said agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Transportation Agreement 6-01-STPU-13
consisting of the agreement providing for IDOT's
reimbursement to the City for a portion of the
cost of the reconstruction of University Avenue
from Delhi to Spruce Street be approved.
Section 2. That the Mayor be authorized and
directed to execute two copies of the agreement.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Retaining Wall Adjacent to Third Street
Overpass: City Manager recommending
approval of an amendment to the contract
between the City and Allen and Urbain
Associates for construction of a proposed
retaining wall and sidewalk adjacent to the Third
Street Overpass, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 491-01
APPROVING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY OF
DUBUQUE AND ALLEN & URBAIN
ASSOCIATES FOR THE CITY OWNED
IMPROVEMENTS FOR THE BUILDING ON
THIRD & MAIN STREETS.
Whereas, on August 14, 2000, the City Council
approved a contract between the City of
Dubuque and Allen & Urbain for the
management of the public improvement portions
of the building located at Third & Main Streets.,
and
Whereas, these improvements included the
south sidewaik plaza, retaining walls and
sidewalk on the east elevation, historic light
fixtures, a brick fagade over the Main Street
entrance into the new parking ramp and
pedestrian connections to the new parking ramp
on the east side of the building; and
Whereas, it is necessary to amend the
contract to include the construction of a retaining
wall and sidewalk adjacent to the Third Street
overpass.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the contract amendment
attached hereto is hereby approved.
Passed, approved and adopted this 19th day of
November 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Michalski requested an update on this project
in consideration of the recent water main break.
City Manager Van Milligen provided an update
on the matter.
Water Plant Security: City Manager
recommending approvai for the installation of a
closed circuit monitoring system at the Water
Plant for improved security at the facility,
presented and read. Nicholson moved that the
communication be received and filed and
approved recommendation. Seconded by
Robbins. Motion carried 7-0.
Project Concern Paratransit Contract for Fiscal
Year 2002: City Manager recommending
approval of the Project Concern Paratransit
Contract for Fiscal Year 2002, presented and
read. Nicholson moved that the communication
be received and filed and approved
recommendation. Seconded by Robbins. Motion
carried 7-0.
U.S. Department of Housing and Urban
Development: Communication from the U.S.
Department of Housing and Urban Deveiopment
(HUD) regarding the City's Consolidated End-of-
Year Review for Program Year 2000, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Michalski requested further clarification of this
communication. David Harris, Housing and
Community Development Director, spoke
clarifying the report.
Appeal of FCC's Pasadena Franchise Fee
Decision: City Manager recommending that the
City participate with a coalition of cities, the
Regular Session, November 19, 2001
377
.
National League of Cities and NATOA in a court
appeal of the FCC's Pasadena franchise fee
decision, presented and read. Nicholson moved
that the communication be received and filed
and approved recommendation. Seconded by
Robbins. Motion carried 7-0.
Business License Refund: Ronald J. Meloy,
Oky Doky #15, requesting a refund of his
cigarette license in the amount of $50.00,
presented and read. Nichoison moved that the
communication be received and filed and
approved refund. Seconded by Robbins. Motion
carried 7-0.
Business Licenses:
.
RESOLUTION NO. 492-01
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to compiy
with the Ordinances of the City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named appiicants a Beer
Permit.
CLASS "C" BEER PERMIT
Kwik Trip, Inc. Tobacco Outlet Plus #564
+ (Sunday Sale) 66 W 32"' St
Rainbo Oil Company Kwik Stop Food Mart
+ (Sunday Sale) 1685 JFK Rd
Rainbo Oil Company Kwik Stop Food Mart +
(Sunday Sale) 2297 University Av
Rainbo Oil Company Kwik Stop Food Mart
+ (Sunday Sale) 4039 Pennsylvania
Iowa Oil Company lOCO Speede Shoppe #93 +
(Sunday Sale) 3270 Dodge St
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
.
RESOLUTION NO. 493-01
Liquor
Whereas, appiications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" (COMMERICAL)
BEER/LIQUOR LICENSE
Jorja Moore Jorja's Restaurant & Lounge
+ (Sunday Sale) 890 Iowa St
Ground Round, Inc Ground Round +
(Sunday Sale) 50 JFK Rd
Pamela Arensdorf Instant Replay
+(Sunday Sale) 1602 Central Ave
Aragon Tap Inc Aragon Tap +
(Sunday Sale) 1103 Iowa St
T & M Inc. Mario's Italian Restr.+
(Sunday Sale) 1298 Main St
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
interview for the following Commission:
Community Development Advisory Commission
(One unexpired term through 2/15/04 - Census
Tract 3 - Currently vacant). Applicant: Richard J.
Sullivan. No one spoke.
Appointment to the following Commission:
Civic Center Commission: (One unexpired term
ending 6/29/04 - Term of Sesterhenn).
Applicants: Mark M. Nauman, Bryce Parks,
Katie Peterson. Vote on the appointment was as
follows: Buol voted for Nauman. Cline voted for
Nauman. Duggan voted for Parks. Markham
voted for Nauman. Michalski voted for Parks.
Nicholson voted for Parks. Robbins voted for
Nauman. Therefore, Mark M. Nauman appointed
to the unexpired three year term which will
expire 6/29/04.
PUBLIC HEARINGS
Nicholson moved that the rules be suspended
to allow anyone present to speak. Seconded by
Robbins. Motion carried 7-0.
Cline moved that the following item be
removed from the table. Seconded by
Nicholson. Motion carried 7-0.
Mayor Duggan turned control of the meeting
over to Mayor Pro- Tem Robbins.
Plastic Center, Inc. - Conceptual Development
Plan (Tabled on October 1, 2001): Proof of
publication on notice of hearing and Zoning
Advisory Commission reaffirming their approval
378
Regular Session, November 19, 2001
of a rezoning request from Plastic Center, Inc.,
to rezone property located at the southeast
corner of the Northwest Arterial and Asbury
Road from AG Agricultural District to PUD
Planned Unit Development with a PC Planned
Commercial, PO Planned Office and PR
Planned Residential designation, presented and
read. Markham moved that the proof be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Lynn Pfohl Quigley of New York, as owner of
the property, spoke in favor of the requested
rezoning and stated that relevant engineers and
attorneys for this project were present to answer
questions.
Ken Buesing of Buesing and Associates, as
Engineer for this program, spoke giving specifics
of the proposed rezoning and requested ingress
and egress for this project, also the proposed
plans for stormwater management.
Jeff Roda, Traffic Engineer for Yaggy Colby,
spoke specifically about the placement of the
requested traffic signal on the NW Arterial -
Entrance No.1, and Entrance No. 3 and 5 on
Asbury Road being signalized and Entrance No.
6 which would not be signaiized and answered
other specific traffic related questions.
Attorney Brian Kane spoke to this requested
rezoning, adding that it was a good project for
the City, that they met with the neighbors over a
year ago and answered Council questions on
storm water and traffic. He also stated that a
letter from Super Target required two accesses
of which one must be signalized before their
commitment to this project.
Eugene Bird Jr. as Chair of Zoning Advisory
Commission responded to questions of
necessary trees and stated that the City and the
developer would work together.
Ken Bichell spoke in opposition to the project,
stating that he has not seen any Master Plan for
expansion in Dubuque and questioned the park
ratio to the large project.
Lou Oswald, 1015 Nowata, questioned the
amount of green space for this project.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at the southeast
corner of Highway 32 (Northwest Arterial) and
Asbury Road from AG Agricultural District to
PUD Planned Unit Development District with PC
Planned Commercial District, PO Pianned Office
and PR Planned Residential District
Designations, and adopting a Conceptual
Development Plan, with conditions, for Plastic
Center, Inc., presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 73-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF HIGHWAY 32
(NORTHWEST ARTERIAL) AND ASBURY
ROAD FROM AG AGRICULTURAL DISTRICT
TO PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH PC PLANNED COMMERICAL
DISTRICT, PO PLANNED OFFICE AND PR
PLANNED RESIDENTIAL DISTRICT
DESIGNATIONS, AND ADOPTING A
CONCEPTUAL DEVELOPMENT PLAN, WITH
CONDITIONS, FOR PLASTIC CENTER, INC.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter
described property from AG Agricultural District
to PUD Planned Unit Development District with
PC Planned Commercial, PO Planned Office
and PR Planned Residential District
designations and adopting a conceptual
deveiopment plan, a copy of which is attached to
and made a part hereof, with conditions for
Plastic Center, Inc., as stated beiow, to wit:
Lot 1 and Lot 2 of the Pfohl Farm, and to the
center line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, the undersigned property owner
agrees to the following conditions, all of which
the property owner further agrees are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclasslflcation:
A. Definitions
1) Building-related Features: Building-related
features are defined as all constructed items,
which rise above the grade surface of the iot.
These include:
a) The primary building
b) All accessory or secondary buildings
c) All exterior storage areas
d) Exterior refuse collection areas
e) Exterior mechanical equipment
f) Containerized or tank storage of liquids,
fuels, gases and other materials
2) Vehicle-related Features: Vehicle-related
features are defined as al\ areas used for the
movement and parking of all vehicles within the
lot. These include:
a) Employer and visitor parking spaces
b) Driveways from the street right-of-way line
to and from parking spaces
c) Loading spaces outside of the building
Regular Session, November 19, 2001
379
.
d) Maneuvering space and driveways to and
from loading spaces
e) Parking spaces for company-owned
commercial vehicles
f) Fire lanes
3) Open Space Features: Open space features
are defined as those exterior areas and
developed features of the lot. These include;
a) Landscaped space containing lawn areas
and plantings
b) Paved, hard-surtaced pedestrian areas
such as walkways, plazas, entryways and
courtyards
c) Surface storm water detention areas not
othenwise used for building-related or vehicle-
related purposes
d) Open recreation areas and recreational
trail
e) Other non-building and non-vehicular-
related space
B. Use Reoulations.
The following regulations shall apply to all uses
made of land in the above described PUD
District:
1) Principal permitted uses in the Planned
Commercial District shall be limited to:
a) Regional shopping center [43J
b) Retail sales/service [17J
c) Indoor restaurant [17]
d) Drive-in/carry-out restaurant [28J
e) General Offices [14J
f) Indoor recreation [37J
g) Outdoor recreation [37J
h) Auto sales and service [38J
i) Auto service centers [34J
j) Group day care center [8J
2) Principal permitted uses in the Planned
Office District shall be limited to:
a) General offices [14J
b) Medical office/clinic [36J
c) Dental/medical laboratory [8J
d) Artist studio [5)
e) Barber/beauty shop [16J
f) Private club [20J
g) Group day care center [8J
3) Principal permitted uses in the Planned
Residential District shall be limited to:
a) Multi-Family Zone; All principal permitted,
accessory, conditional and temporary uses
allowed in the R-3 Moderate Density Multi-
Family Residential District as established in
Section 3-1.4 of the Zoning Ordinance.
b) Single-Family Zone: All principal permitted,
accessory, conditional and temporary uses
allowed in the R-1 Single-Family Residential
District as established in Section 3.1.1 of the
Zoning Ordinance.
[ J Parking group-see Section 4-2 of the
Zoning Ordinance.
4) Conditional uses res8lVed for future use.
B. Lot and Bulk Reoulations.
.
.
Development of land in the PUD District shall be
regulated as follows:
1) All building structures and activities shall be
located in conformance with the attached
conceptual development plan and all frnal site
development plans shall be approved in
accordance with provisions of the PUD District
regulations of this ordinance and of Section 3-
5.5 of the Zoning Ordinance.
2) All building-related features shall be in
accordance with the following lot and bulk
regulations:
a) All buildings and structures within the
Planned Commercial District shall be regulated
by the bulk standards of the C-3 General
Commercial District as established in Section 3-
3.3 of the Zoning Ordinance.
b) The Planned Office District shall be
regulated by the bulk standards of the OS Office
Service District as established in Section 3-2.2
of the Zoning Ordinance.
c) All buildings and structures within the Multi-
Family Zone of the Planned Residential District
shall be regulated by the bulk standards of
Section 3-1.4 of the Zoning Ordinance.
All buildings and structures within the Single-
Family Zone of the Planned Residential District
shall be regulated by the bulk regulations of
Section 3-1.1 of the Zoning Ordinance.
C. Parkino Reoulations
1) All vehicle-related features shall be surfaced
with either asphalt or concrete.
2) Curbing and proper surface drainage of
storm water shall be provided.
3) All parking and loading spaces shall be
delineated on the surfacing material by painted
stripes or other permanent means.
4) The number, size and design of parking
spaces shall be governed by applicable
provisions of City of Dubuque Ordinances
enforced at the time of development of the lot.
5) The number, size, design and location of
parking spaces designated for persons with
disabilities shall be according to the local, state
or federal requirements in effect at the time of
development.
B) The location and number of private
driveway intersections with public streets shall
be established by the City of Dubuque.
D. Landsc8Dina Reaulations
1) Plant Materials; The open space area of
each commercial and office lot shall be planted
with permanent lawn and ground covers, shrubs
and trees. It is the intent of these regulations
that the development of required open spaces
shall reflect a high quality of environmental
design. The following provisions shall apply to
each commercial and office lot:
a) Landscape plans are required as part of
submittals for site plan review. Landscape plans
are to include type, number and size of
proposed plantings. As a minimum, the
380
Regular Session, November 19, 2001
submitted landscape pian should include the
following:
. For every one (1) acre of lot size, four (4)
trees shall be required to a required maximum of
forty (40) trees.
. Each required tree shall be at least two (2)
inches in diameter at planting.
. Shrubs shall be used to screen parking
areas and provide accent around buildings,
. Parking areas located in front yards shall be
screened with a combination of trees, shrubs or
berms to provide a landscape screen of 50%
opacity and three (3) feet in height.
2) All exposed soii areas remaining after the
construction of building-related and vehicle-
related features shall be planted with a
permanent ground cover to prevent erosion.
Within one (1) year following completion of
construction, or by the date that a building is
issued an occupancy certificate by the Building
Services Department of the City of Dubuque,
whichever occurs first, required landscaping
shall be installed.
3) The lot owner is required to replant any and
all plant materials which have died due to any
cause during the effective period of this PUD
ordinance.
4) The area between the public street and the
right-of-way line shall be planted with grass and
maintained by the lot owner.
5) Pedestrian Access: Permanent hard-
surfaced walkways shall be installed and
maintained by the owner for purposes of
pedestrian movement between all parking areas
and functioning entries and exits of the
buildings.
E. Sian Reoulations
1) The provisions of Section 4-3 Sign
Regulations of the Zoning Ordinance shall apply
unless further regulated by this section.
2) Planned Commercial District; Regional
Shopping Center:
a) Center identification Sign: One (1) center
identification sign located along the Northwest
Arterial (Highway 32) frontage. This sign shall be
a ground-mounted sign a maximum of twelve
(12) feet high and twenty-five (25) feet wide.
b) Tenant Identification Signs:
. Two (2) tenant identifications signs. Each
sign shall be a ground-mounted sign a maximum
of thirty-five (35) feet high and twelve (12) feet
wide. Multiple tenants can be displayed on these
signs with square footage to be allocated by the
developer.
.. Wall-mounted signage for tenants occupying
greater than 30,000 square feet of leased area
shall be limited to one (1) sign per street
trontage. The total square footage of said wall-
mounted signs will be based on 20% of the front
building wall area.
. Wall-mounted signage for tenants occupying
less than 30,000 square feet of leased area shall
be limited to one (1) sign per street frontage.
The total square footage of wall-mounted signs
will be based on 10% of the front building wall
area.
3) Planned Commercial District; Outlot
Signage:
. Each outlot parcel shall be allowed wall-
mounted signage as per the C-3 General
Commercial District sign regulations in Section
4-3.11 of the Zoning Ordinance. The maximum
number of signs per business is two (2) signs.
. Each outlot parcel shall be allowed one (1)
freestanding sign, limited to 100 square feet in
size and a maximum height of 25 feet.
4) Directional signs will be allowed in the
Pianned Commercial District as permitted by the
C-3 General Commercial District sign
regulations in Section 4-3.11 of the Zoning
Ordinance.
5) Planned Office District: Signage will be
regulated as per the OS Office Service District
sign regulations in Section 4-3.11 of the Zoning
Ordinance.
6) Planned Residential District: Signage will be
regulated as per the R-1 Singie-Family
Residential District sign regulations in Section 4-
3.11 of the Zoning Ordinance.
F. Performance Standards
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
1) Site Lighting (Commercial and Office lots
only)
a) Exterior illumination of commercial and
office lots shall be limited to the iilumination of
the following:
... Parking areas, driveways and loading
facilities pedestrian walkway surfaces and
entrances to building
... Screened storage area
... Building exterior
b) Location and Design:
. All exterior lighting shall be designed,
installed and maintained so as not to cause
glare or to shine into adjacent lots and streets.
. All exterior lighting luminaries shall be
designed and installed to shield light from the
luminaries at angles above 72 degrees from
vertical.
. A lighting plan shall be included as part of
the site plan submittals that indicates types of
lights used and ground light pattern for lighting
of building-related and parking-related features
on commercial and office lots.
... Fixtures mounted on a bullding shall not be
positioned higher than the roof line of the
build'lng.
Regular Session, November 19, 2001
381
.
. Wooden utility-type poies are acceptable
only for temporary uses during construction.
.. All electrical service lines to posts and
fixtures shall be underground or concealed
inside the posts.
2) Utility Locations
a) Service lines: all electrical, telephone, cable
and other similar utility lines serving buildings
and other site features shall be located
underground.
b) Mechanical equipment for commercial and
office buildings: all electrical transformers,
switching gear, relay boxes, meters, air
conditioning units, heat pumps and other similar
mechanical ~quipment, including roof-mounted
mechanical equipment, shall be screened from
view. Mechanical equipment shall be screened
in such a manner that it will appear to be an
integral part of the building's overall architectural
design. Fencing of at least 50% opacity,
masonry walls or plantings may be used to
visually screen mechanical equipment.
3) Detention basins required as part of this
development shall be enclosed with fencing.
4) Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of 88Ch
building and vehicle-related feature unless
othelWise exempted by Section 4-4.
5) The developer shall provide a two-acre park
for dedication to the City of Dubuque.
6) Exterior Trash Collection Areas (commercial
and office lots only):
a) The storage of trash and debris shall be
limited to that produced by the principal
permitted use and accessory uses of the lot.
b) The ground area coverage of exterior trash
collection areas shall be the area contained
inside the required screening and this area shall
be considered a building-related feature for
purposes of calculating total land area coverage.
c) Exterior trash collection areas shall be
located in rear or side yards only.
d) All exterior trash collection areas and the
materials contained therein shall be visually
screened from view. The screening shall be a
completely opaque fence, wallar other feature
not exceeding a height of 10 feet measured from
the ground level outside the line of the screen.
Screens built on sloping grades shall be stepped
so that their top line shall be horizontal. All
exterior entrances to a screened trash area shall
be provided with a gate or door of similar design
to that of the screen.
If a 10 foot high screen fails to shield the
exterior trash collection area from view from
points inside or outside of the property,
evergreen plantings may be required in addition
to the screening. Evergreen plant materials shall
be selected and designed so that they will
screen the area from all of site visibility within
five (5) years.
.
.
Access to the Northwest Arterial shall be
limited to one signalized intersection to the east
(approximately 2,000 feet south of Asbury Road)
at Street 'B' and one (1) right in/right out only
access to the east (approximately 1,000 feet
south of Asbury Road) at Street 'A', as shown on
the conceptual development plan.
All traffic signals required for access to this
property shall include equipment and features
compatible with signal coordination equipment
or an Intelligent Transportation System (ITS),
and with an emergency vehicle response pre-
emption system in accordance with plans and
specifications approved by the City Engineer. All
traffic signals and specialized equipment
described above shall be installed at the
expense of the property owner.
In addition to compliance with the City's typical
requirements for storm water management, the
property owner, and all heirs, successors,
assigns, purchasers and lessees shall provide
additional storm water storage as established for
this property in the HDR storm water
management study prepared for the City of
Dubuque.
Other Codes and Regulations: These
regulations do not relieve an owner from other
applicable city, county, state or federal codes,
regulations, laws and other controls relative to
the planning, construction, operation,. and
management of property within the City of
Dubuque.
Ooen Soace and Recreational Areas
Those areas not designated on the conceptual
development plan for development shall be
maintained by the property owner and/or
association as open space, as defined by
Section 8 of the Zoning Ordinance.
Transfer of Ownershio
Transfer of ownership or lease of property in
this PUD District shall include in the transfer or
lease agreement a provision that the purchaser
or lessee aCknowledges awareness of the
conditions authorizing the estabiishment of the
District.
Modifications
Any modifications of this ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
Recordina
A copy of this ordinance shall be recorded at
the expense of the property owner with the
Dubuque County Recorder as a permanent
record of the conditions accepted as party of this
reclassification approval after the adoption of
this ordinance. This ordinance shall be binding
upon the undersigned and his/her heirs,
successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
382
Regular Session, November 19, 2001
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. The foregoing amendment shall take
effect upon publication, as provided by law.
Passed, approved and adopted this 19th day
of November. 2001.
Joseph Robbins, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 73-01
I, James M. Pfohl, President of Piastic Center,
Inc., property owner, having read the terms and
conditions of the foregoing Ordinance No. 73-01
and being familiar with the condition thereof,
hereby accept the same and agree to the
conditions required therein.
Dated this 20th day of December, 2001.
By Isl James M. Pfohl, President
Plastic Center, Inc.
Published officially in the Telegraph Herald
newspaper this 2nd day of January, 2002.
Jeanne F. Schneider, City Clerk
1t 112
The motion on the table was: Markham moved
that the requirement that a proposed Ordinance
be considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended and further
moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Vote taken
at this meeting and motion carried 6-0.
Mayor Duggan returned and took control of the
meeting.
430 Garfield Avenue - Rezoning Request:
Proof of publication on notice of hearing to
consider rezoning property located at 430
Garfield Avenue from Li Light industrial District
to CS Commercial Service and Wholesale
District as requested by Robert Klauer and
Robert Walser and Zoning Advisory Commission
recommending approval of the request,
presented and read. Markham moved that the
proof be received and filed. Seconded by
Robbins. Motion carried 7-0.
Rob Klauer, of Dubuque Wholesale Carpet,
spoke clarifying specifics of the request for
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 430 Garfield
Avenue from Li Light Industrial District to CS
Commercial Service and Wholesale District, with
conditions, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 74-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREtNAFTER DESCRI-
BED PROPERTY LOCATED AT 430
GARFIELD AVENUE FROM LI LIGHT
INDUSTRIAL DISTRICTD TO CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRICT, WITH CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from LI Light
Industrial District to CS Commercial Service and
Wholesale District with conditions described in
the attached Memorandum of Agreement, to wit:
Lot 1 of Lot 2 of Lot 2 of Lot 2, Lot 3 of Lot 2 of
Lot 2 of Lot 2, and Lot 2 of Lot 2 of Lot 2 of Lot
2, all of Mineral Lot 106, and to the centerline of
the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 281h day of November, 2001.
Jeanne F. Schneider, City Clerk
1t 11/28
Markham 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 Robbins. Motion carried 7-0.
800 Rhomberg Avenue - Rezoning Request:
Proof of publication on notice of hearing to
consider rezoning property located at 800
Rhomberg Avenue from C-1 Neighborhood
Commercial and R-2A Alternate Two-Family
Residential District to CS Commercial Service
and Wholesale District at the request of Charles
and Joyce Arthofer and Zoning Advisory
Commission recommending denial of the
request and an Ordinance Amending AppendiX
A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter
described property located at 800 Rhomberg
Avenue from C-1 Neighborhood Commercial
and R-2A Alternate Two-Family Residential
District to CS Commercial Service and
Wholesale District, presented and read.
Michalski moved that the proof and
Regular Session, November 19, 2001
383
.
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
John McCann spoke in support of the
recommended denial.
Michalski moved to concur with the
recommended denial. Seconded by Nicholson.
Motion carried 7-0.
Development Moratorium for Proposed
Southwest Arterial Corridor: Proof of publication
on notice of hearing to consider amending the
Zoning Ordinance and the Subdivision
Regulations regarding a development
moratorium in the proposed Southwest Arterial
Corridor as requested by the Iowa Department
of Transportation and the City of Dubuque and
the Zoning Advisory Commission recommending
approval of the amendment, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Dick Kautz of I DOT spoke to the requested
development moratorium.
Karen Rokusek, of 12101 Cousins Road,
speaking for neighbors also, spoke in opposition
to the requested moratorium, stressing their
anxiety in not knowing the future for their
properties and being in a holding pattern for
marketing their homes and home improvements.
.
An Ordinance Amending Chapter 42
(Subdivision Regulations) of the City of Dubuque
Code of Ordinances by amending Section 42-
16, to establish a moratorium for subdivision
plats in the Southwest Arterial Corridor,
presented and read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 71-01
AN ORDINANCE AMENDING CHAPTER 42
(SUBDIVISION REGULATIONS) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 42-16, TO ESTABLISH
A MORATORIUM FOR SUBDIVISION PLATS
IN THE SOUTHWEST ARTERIAL CORRIDOR
Whereas, the Iowa Department of
Transportation (I DOT) is engaged in a study of
the Southwest Arterial Corridor, which will
include the determination of a preferred
alignment; and
Whereas, the IDOT has requested that the
City of DUbuque extend and enlarge the
development moratorium for the Southwest
Arterial Corridor for an additional 3 months; and
Whereas, the City of Dubuque desires to
minimize potential development conflicts during
this study by enacting an additional 3-month
development moratorium for the Southwest
Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision
Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending
Section 42-16 as follows:
Section 42-16. Southwest Arterial Corridor
Review:
No plat for any subdivision or resubdivision of
property in the Southwest Arterial Corridor, as
delineated on the attached drawing, shall be
approved by the City Council, Zoning Advisory
Commission or City Planner during the three-
month period from the effective date of this
Section, except where a vested right to the
issuance of such approval accrued to any
person, firm or corporation as a matter of law
prior to the effective date of this Section.
Section 2. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23'd day of November, 2001.
Jeanne F. Schneider, City Clerk
1t 11/23
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, as
amended to three months, rather than twelve.
Seconded by Markham. Motion carried 7-0.
An Ordinance Amending Appendix A (Zoning
Ordinance) of the City of Dubuque Code of
Ordinances by amending Section 4-4-.2
regarding site plans, and by amending Section
6-1-5.5 regarding rezonings, to establish a
moratorium for site plan and rezoning
applications in the Southwest Arterial Corridor,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 72-01
AN ORDINANCE AMENDING APPENDIX A
(ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 4-4.2 REGARDING
SITE PLANS, AND BY AMENDING SECTION
6-1-5.5 REGARDING REZONINGS, TO
ESTABLISH A MORATORIUM FOR SITE
PLAN AND REZONING APPLICATIONS IN
THE SOUTHWEST ARTERIAL CORRIDOR.
Whereas, the Iowa Department of
Transportation (I DOT) is engaged in a study of
the Southwest Arterial Corridor, which will
include the determination of a preferred
alignment; and
Whereas, the IDOT has requested that the
City of Dubuque extend and enlarge the
384
Regular Session, November 19, 2001
development moratorium for the Southwest
Arterial Corridor for an additional 3 months; and
Whereas, the City of Dubuque desires to
minimize potential development conflicts during
this study by enacting an additional three-month
development moratorium for the Southwest
Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF DUBUQUE, iOWA:
Section 1. Appendix A (Zoning Ordinance) of
the City of Dubuque Code of Ordinances is
hereby amended by amending Section 4-4.2 as
follows:
Section 4-4.2. Application and Scope.
Moratorium B for site plans in the Southwest
Arterial Corridor.
The City Pianner shall not issue conditional or
final approval for any site plan filed for property
in the Southwest Arterial Corridor that lies within
the corporate limits of the City of Dubuque, as
delineated on the attached drawing, during the
three-month period from the effective date of this
Section, except where a vested right to the
issuance of such approval accrued to any
person, firm or corporation as a matter of law
prior to the effective date of this Section.
Application and Scope of Site Plan Review
and Aooroval.
No building pemnit or occupancy permit shall
be issued, and no construction, grading or other
iand development activity listed below may be
commenced on property unless a site plan has
been submitted and approved for such activity
as setforth in this Section.
Development activities subject to the
requirements of this Section may hereafter be
carried out only in substantial conformance with
the approved site pian and any conditions or
restrictions attached thereto. Any substantial
deviation from the approved site plan, unless
approved in advance by the City Planner, shall
be deemed a violation of this Ordinance.
Development activities subject to site plan
review:
Construction Of expansion of any building,
structure or freestanding sign except single-
family detached dwellings, duplexes and
townhouses of not more than two (2) units and
permitted accessory structures to a single-family
dwelling or duplex, however, driveways to said
single-family and duplex dwellings shall be
paved with a hard surface.
Any change, alteration or modification in a
structure or use which would require the
provision of additional off-street parking spaces,
additional lot area, or other substantial change in
zoning requirements applicable to such structure
or use.
The construction or creation of any parking lot
or the expansion of any existing parking Jot.
Section 2. Appendix A (Zoning Ordinance) of
the City of Dubuque Code of Ordinances is
hereby amended by amending Section 6-1.5.5
as follows:
Section 6-1.5.5 Moratorium B for rezonings in
the Southwest Arterial Corridor
In addition to the requirements of subsection
6-1.5 of this Section, the City Council shail not
give final approval to any reclassification
(rezoning) request for property in the Southwest
Arterial Corridor that lies within the corporate
limits of the City of Dubuque, as delineated on
the attached drawing, during the three-month
period from the effective date of this Section,
except where a vested right to the issuance of
such approval accrued to any person, firm or
corporation as a matter of law prior to the
effective date of this Section.
Section 3. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officiaily in the Telegraph Herald
newspaper this 23" day of November, 2001,
Jeanne F. Schneider, City Clerk
1\ 11123
Buol moved that the requirement that the
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it Is to be finaily passed be
suspended and further moved final
consideration and passage of the Ordinance, as
amended (to three month development
moratorium). Seconded by Markham. Motion
carried 7-0.
Zoning Ordinance T ex! Amendment: Proof of
publication on notice of hearing to consider
amending the Zoning Ordinance to allow mini-
warehouses as a conditional use in the C-3
General Commerciai District as requested by the
City of Dubuque and the Zoning Advisory
Commission recommending approval, presented
and read. Robbins moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance No. 75-01 Amending Appendix
A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by amending Section 3-
3.3(D) for Off-Premise Signs and C-3 General
Commercial District Conditional Uses by adding
mini-warehousing as a conditional use,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 75-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OFORDINANCES BY
AMENDING SECTION 3-3,3(D) FOR OFF-
PREMISE SIGNS AND C-3 GENERAL
Regular Session, November 19, 2001
385
.
COMMERCIAL DISTRICT CONDITIONAL
USES BY ADDING MINI-WAREHOUSING AS
A CONDITIONAL USE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by adding to Section 3-3.3(D)
General Commercial District Conditional Uses,
mini-warehouse facilities as shown below:
Mini-warehouse facilities provided that:.
The entire perimeter be enclosed by a security
fence.
All outdoor lighting for the facility utilize cut-off
luminaries.
All vehicle access and staging areas be paved.
Screening of at least six (6) foot in height shall
be placed along the property line between the
mini-warehouse facility and all adjacent
residential property.
The parking group requirements can be met
[47].
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28~ day of November, 2001.
Jeanne F. Schneider, City Clerk
1t 11/28
Robbins moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
.
The Finley Hospital - Request to Vacate:
Proof of publication on notice of hearing to
consider a request from The Finley Hospital to
vacate an alley west of College Street and City
Manager recommending approval, presented
and read. Michalski moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
.
RESOLUTION NO. 494-01
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 4A OF FINLEY HOME
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and piace of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 9'h day of November, 2001, the City
Council of the City of Dubuque, Iowa met on the
19th day of November, 2001, at 6:30 p.m. in the
Public Library Auditorium, 11th and Locust,
Dubuque, Dubuque, County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 4A of Finley Home Addition in the City of
Dubuque, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 4A of Finley
Home Addition in the City of Dubuque, Iowa to
The Finley Hospital be and the same is hereby
approved for the sum of $500.00 plus cost of
publication, platting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
The Finley Hospital upon receipt of the purchase
price in full.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Alliant Energy Expansion at the DUbuque
Industrial Center West: Proof of publication on
notice of hearing to consider disposing of 16.67
acres of real property by installment contract to
Interstate Power Company and City Manager
recommending approval of a Development
Agreement with Interstate Power Company
(Alliant Energy), presented and read. Cline
moved that the proof and communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Walter Hargraves of Alliant spoke in favor of
the project.
Bud Isenhart, 8908 Quail Ridge Rd., spoke
stating he was not opposed to this project but
concerned about remainder of TI F district in the
area. City Manager Van Milligen stated detailed
answers will be provided at the next City Council
meeting.
386
Regular Session, November 19, 2001
RESOLUTION NO. 495-01
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE AND PRIVATE DEVELOPMENT OF
PROPOSED LOT 2, LOT 3 and LOT 5 OF THE
DUBUQUE INDUSTRIAL CENTER WEST 2ND
ADDITION IN THE CITY OF DUBUQUE, IOWA,
TO INTERSTATE POWER COMPANY.
Whereas, this Council, by Resolution NO.4 74-
01 dated November 5, 2001, declared its intent
to enter into a Development Agreement with
Interstate Power Company for the sale and
development of proposed Lot 2, Lot 3 and Lot 5
of the Dubuque Industrial Center West 20d
Addition in the City of Dubuque, Iowa, as shown
on the attached proposed plat (the Property);
and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on November 19, 2001, at 6:30 p.m.
at the Carnegie-Stout Public Library Auditorium,
360 W. 11th Street, Dubuque, Iowa.; and
Whereas, it is the determination of this Council
that approval of the Development Agreement for
the sale to and development of the property by
Interstate Power Company according to the
terms and conditions set out in the attached
Development Agreement is in the public interest
of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and between the City of Dubuque
and Interstate Power Company and the sale of
the Property to Interstate Power Company is
hereby approved.
Section 2. That the Mayor is hereby authorized
and directed to execute the Development
Agreement on behalf of the City and City Clerk
is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver an Installment Contract and Special
Warranty Deed for the Property as provided in
the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Agreement as herein
approved.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Disposal of City Property on Oneida Street:
Proof of publication on notice of hearing to
consider disposing of City property on Vinton
Street to Robert J. VanderMuelen and City
Manager recommending approval, presented
and read. Robbins moved that the proof and
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 496-01
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 2-2-1-1-1-3 N 'I, SE 'i. NW
'I. OF SECTION 12, T89N, R2E, 5TH P.M"
DUBUQUE COUNTY, DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on 9'" day of November, 2001, the Cit~
Council of the City of Dubuque, Iowa met on 19
day of November, 2001, at 6:30 p.m. in the
Public Library Auditorium, 11th and Locust,
Dubuque, Dubuque, County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 2-2-1-1-1-3 N Y, SE y.; NW y.; OF Section
12, T89N, R2E, 5TH P.M., Dubuque County,
Dubuque, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to seil such real
estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 2-2-1-1-1-3 N Y,
SE y.; NW y.; OF Section 12, T89N, R2E, 5TH
P.M., Dubuque County, Dubuque, Iowa, in the
City of Dubuque, Iowa to Robert J.
VanderMeulen be and the same is hereby
approved for the sum of $300.00, plus cost of
publication, platting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and Is hereby authorized and
directed to deliver said deed of conveyance to
Robert J. VanderMeulen upon receipt of the
purchase price in full.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 19'h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Robbins moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Nicholson, Motion carried 7-0.
Regular Session, November 19, 2001
387
.
ACTION ITEMS
Penalties for Tobacco Permit Holders:
Consideration of assessing civil penalties to five
businesses for underage tobacco sales and one
conviction of selling cigarettes when the tobacco
license had expired, presented and read. Cline
moved that the communications be received and
filed and assessed the penalties. Seconded by
Michalski. Motion carried 7-0.
Ward and Precinct Ordinance Modifications:
City Manager recommending approval of minor
modifications to the City's ward and precinct
plan ordinance and map as suggested by Sandy
Steinbach, Secretary of State - Elections
Division, after review of the City's reprecincting
plans and an Ordinance Amending the City of
Dubuque, Iowa Code of Ordinances by
repealing Chapter 17, Elections and adopting in
lieu thereof a new Chapter 17, Elections,
establishing boundaries for four (4) wards and
twenty-one (21) precincts, presented and read.
This matter was removed from the Agenda at
this time at the request of the City Manager.
.
ARTCO Barge Fleeting Request: City Manager
requesting authorization from the City Council to
negotiate a short-term lease with Arten Fleeting
for frontage space at the former Sinclair dock at
the southerly end of Terminal Street for storage
of up to six barges, presented and read.
Markham moved that the communication be
received and filed and approved request.
Seconded by Michalski. Motion carried 7-0.
Severance (De-Annexation) Request of Frank
Fincel: City Manager recommending approval of
the request of Frank Fincel to have his property
severed (de-annexed) from the City limits,
presented and read. Nicholson moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
.
RESOLUTION NO. 497-01
RESOLUTION APPROVING SEVERANCE OF
CERTAIN TERRtTORY FROM THE CITY OF
DUBUQUE
Whereas, Frank J. Fincel, representing Fincel
Declaration of Trust, has voluntarily petitioned
for severance of approximately 11.9 acres of
property within the corporate limits of the City of
Dubuque; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the adjustment of City limits in
situations of this character by adoption of a
resolution as required by State Regulations.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of
Dubuque, Iowa, be, and they hereby are
adjusted to sever the property legally described
as:
Lot 2-1-1-2 and Lot 2-2-2 of T.M. Sullivan's
Subdivision and Lot 2-1 of NW y.; of NW y.; of
Section 1, T89N, R2E.
Section 2. The territory hereby severed shall
remain a part of the 131h Precinct of the 3rd
Ward of the City of Dubuque, iowa.
Section 3. That the City Cierk shall file this
resolution, all exhibits and the petition for
voluntary severance with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Meter Ordinance - 7'h Street: City Manager
recommending approval of a change to the
Code of Ordinances to create a no parking area
on the south side of Seventh Street between
Locust and Bluff Streets and establishes the
portion along the east side of the 700 block of
Bluff Street as part of the meter district.,
presented and read. Markham moved that the
proof and communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending Section 32-262(d) of
the City of Dubuque Code of Ordinances,
prohibiting parking on designated streets or
portions thereof by adding portions of Seventh
Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 76-01
AN ORDINANCE AMENDING SECTION 32-
262(d) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, PROHIBITING PARKING ON
DESIGNATED STREETS OR PORTIONS
THEREOF BY ADDING PORTIONS OF
SEVENTH STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, is amended by deieting
from Subsection (d) of Section 32-262 the
following:
Seventh Street, north side, from Locust Street
to Bluff Street.
Section 2. That the Code of Ordinances of the
City of Dubuque, iowa, is amended by adding to
Subsection (d) of Section 32-262 the following:
Seventh Street, both sides, from Locust Street to
Bluff Street.
Passed, approved and adopted this 19th day
of November, 2001.
388
Regular Session, November 19, 2001
Terrance M, Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Published officiaily in the Teiegraph Herald
newspaper this 28th day of November, 2001.
Terrance M. Duggan, Mayor
11 11/28
Markham 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 finaily passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0,
Rivers Edge Plaza - Iowa Ready Mixed
Concrete Association Award: Press release from
the Iowa Ready Mixed Concrete Association
awarding the Rivers Edge Plaza, Port of
Dubuque, Iowa with the 2001 Excellence in
Concrete Award, presented and read. Nicholson
moved that the communication be received and
liled and concurred with the recommendalion.
Seconded by Cline. Motion carried 6-0.
Rivers Edge Piaza - APA Award: City
Manager advising that the Iowa Chapter of the
American Planning Association (APA) named
the City of Dubuque as the recipient of the
annual "Exceilence in Planning Project Award"
for the America's River project, presented and
read. Nicholson moved that the communication
be received and filed and concurred with the
recommendation. Seconded by Cline. Motion
carried 7-0,
Commercial/lndustrial Rehabilitation Loan: City
Manager recommending approval of a
Commercial/Industrial Rehabilitation Loan to
Cooper Development in an amount not to
exceed $100,000 for work to be done at the
Cooper Wagon Works project, presented and
read. Cline moved that the proof and
communication be received and filed. Seconded
by Nicholson, Motion carried 7-0,
RESOLUTION NO. 498-01
A RESOLUTION APPROVING A COMMUNITY
DEVELOPMENT BLOCK GRANT COMMER-
CIAL I INDUSTRIAL BUILDING REHAB-
ILITATION LOAN OF UP TO ONE HUNDRED
THOUSAND DOLLARS ($100,000) FOR
PROPERTY LOCATED AT 299 MAIN STREET
AND AUTHORIZING A LETTER OF
COMMITMENT.
Whereas, the City of Dubuque, Iowa, has
created a Commercial/industrial Building
Rehabilitation Loan Program for the purpose of
stimulating reinvestment in the City's low and
moderate income areas; and
Whereas, the City of Dubuque, iowa,
encourages the use of this loan program to
finance exterior rehabilitation and code
compliance activities; and
Whereas, Cooper Development Company,
LLC, owners 01 property at 299 Main Street,
have presented a loan application lor the
exterior rehabilitation of said property which
meets the requirements of this program; and
Whereas, a Commitment Letter, hereto
attached and by this relerence made a part
hereof, sets forth the terms and conditions of the
owners' participation in the Commercial
/Industrial Building Rehabilitation Loan Program,
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Cooper
Development Company, LLC for participation in
the Commercial/Industrial Building Rehabilitation
Loan Program is hereby accepted and
approved.
Section 2. That the Mayor is hereby authorized
to execute, on behalf of the City Council of the
City of Dubuque, Iowa, the attached
Commitment Letter and to forward said letter to
the owners.
Section 3. That the City Manager is hereby
directed to prepare, upon receipt of an executed
Commitment Letter from the owners, the
necessary loan documents in accordance with
the terms and conditions set forth in said
Commitment Letter,
Section 4. That the City Manager is hereby
authorized to execute, on behaif of the City
Council of the City of Dubuque, Iowa, ail
necessary loan documents and is further
authorized to disburse loan funds from the
Commercial/Industrial Building Rehabilitation
Loan Program, in accordance with the terms and
conditions of the executed agreement.
Passed, approved and adopted this 19th day
of November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Bond Sale to Support America's River Project
Components: City Manager recommending the
advertisement lor sale of $12,360,000 General
Obligation Bonds and setting the date 01 sale lor
December 3, 2001, presented and read. Cline
moved that the proof and communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO, 499-01
RESOLUTION DIRECTING THE ADVERTISE-
MENT FOR SALE OF $9,500,000 GENERAL
OBLIGATION BONDS, SERIES 2001
WHEREAS, the City of Dubuque, Iowa, is in
need of funds to pay costs of the aiding in the
planning, undertaking and carrying out of urban
Regular Session, November 19, 2001
389
.
renewal project activities under the authority of
Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal Plan for
the Ice Harbor Urban Renewal District, including
those costs associated with the acquisition and
construction of parking improvements and site
development for the Mississippi River National
Education and Conference Center, and the
construction, development, improvement and
beautification of the banks and other areas
adjacent to flood control improvements in said
District, including construction of riv8lWalk,
streetscape and lighting improvements,
rehabilitation and conservation of historic
structures, and construction of boat docking,
harbor, parking and related pubiic infrastructure
improvements in support of the America's River
project, essential corporate purpose projects,
and it is deemed necessary and advisable that
the City issue general obligation bonds for said
purpose to the amount of $9,500,000 as
authorized by Section 384.25 of the City Code of
Iowa; and
WHEREAS, pursuant to notice published as
required by Section 384.24 this Council has held
a public meeting and hearing on May 7, 2001,
upon the proposal to institute proceedings for
the issuance of not to exceed $12,500,000
Generai Obligation Bonds; and no petition was
filed in the manner provided by Section 362.4 of
the City Code of Iowa, pursuant to the provisions
of Section 384.26 of said Code; and it is the
decision of the Council that additional action be
taken for the issuance of $9,500,000 General
Obligation Bonds, Series 2001, and that such
action is considered to be in the best interests of
said City and the residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Bonds hereinafter
described be offered at public sale, pursuant to
advertisement as required by law.
Section 2. That the Clerk is hereby directed to
publish notice of sale of said Bonds at least
once, the last one of which shall be not less than
four nor more than twenty days before the date
of the sale. Publication shall be made in the
Teiegraph Herald, a iegal newspaper, printed
wholly in the English language, published within
the county in which the Bonds are to be offered
for sale or an adjacent county. Said notice is
given pursuant to Chapter 75 of the Code of
Iowa, and shail state that this Council, on the 3rd
day oj December, 2001, at 6:30 o'clock P.M., will
hold a meeting to receive and act upon bids for
said Bonds; said notice to be in substantially the
following form:
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Sealed bids
for the sale of Bonds of the City of Dubuque,
Iowa, will be received at the office of the Finance
.
.
Director, in the City of Dubuque, iowa (the
"Issuer") at 11 :00 o'ciock A.M" on the 3rd day of
December, 2001. The bids will then be publicly
opened and referred for action to the meeting of
the City Council as stated below.
Sale and Award: The sale and award of the
Bonds will be held at the Auditorium, Camegie-
Stout Public Library at a meeting of the City
Council on the above date at 6:30 o'clock P.M.
The Bonds: The Bonds to be offered are the
following:
GENERAL OBLIGATION BONDS, SERIES
2001, in the amount of $9,500,000, to be dated
December 15, 2001 (the "Bonds").
Official Statement: The Issuer has issued an
Officiai Statement of information pertaining to
the Bonds to be offered, including a statement of
the Terms of Offering and an Officiai Bid Form,
which is incorporated by reference as a part of
this notice. The Officiai Statement may be
obtained by request addressed to the City Clerk,
50 W. 13th Street, Dubuque, iowa 52001
(telephone: 563/589-4100) or the financial
advisor to the City, Evensen-Dodge, Inc., 100
Court Avenue, Suite 203, Des Moines, Iowa
50309 (telephone: 5151282-6138).
Terms of Offerinq: All bids shall be in
conformity with and the sale shall be in accord
with the Terms of Offering as set forth in the
Official Statement.
Leqal Opinion: Said Bonds will be sold subject
to the opinion of Ahlers, Cooney, Dorweiler,
Haynie, Smith & Allbee, P.C., Attorneys of Des
Moines, Iowa, as to the legality and their opinion
will be furnished together with the printed Bonds
without cost to the purchaser and all bids will be
so conditioned. Except to the extent necessary
to issue their opinion as to the legality of the
Bonds, the attorneys will not examine or review
or express any opinion with respect to the
accuracy or completeness of documents,
materials or statements made or furnished in
connection with the sale, issuance or marketing
of the Bonds.
RiGhts Reserved: The right is reserved to
reject any or all bids, and to waive any
irregularities as deemed to be in the best
interests of the public.
By order of the City Council of the City of
Dubuque, Iowa.
/s/ Jeanne F. Schneider
City Clerk of the City of Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
390
Regular Session, November 19, 2001
RESOLUTION NO. 500-01
RESOLUTION DIRECTING THE ADVERTISE-
ENT FOR SALE OF $2,860,000 GENERAL
OBLIGATION BONDS, SERIES 2002
WHEREAS, the City of Dubuque, Iowa, is in
need of funds to pay costs of the aiding in the
planning, undertaking and carrying out of urban
renewal project activities under the authority of
Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal Plan for
the Ice Harbor Urban Renewal District, including
those costs associated with the acquisition and
construction of parking improvements and site
development for the Mississippi River National
Education and Conference Center, and the
construction, development, improvement and
beautification of the banks and other areas
adjacent to flood control improvements in said
District, including construction of riV8nNalk,
streetscape and lighting improvements,
rehabilitation and conservation of historic
structures, and construction of boat docking,
harbor, parking and related public infrastructure
improvements in support of the America's River
project, essential corporate purpose projects,
and it is deemed necessary and advisable that
the City issue general obligation bonds for said
purpose to the amount of $2,860,000 as
authorized by Section 384.25 of the City Code of
Iowa; and
HEREAS, pursuant to notice published as
required by Section 384.24 this Council has heid
a public meeting and hearing on May 7, 2001,
upon the proposai to institute proceedings for
the issuance of not to exceed $12,500,000
Gen~ral Obligation Bonds; and no petition was
filed in the manner provided by Section 362.4 of
the City Code of Iowa, pursuant to the provisions
of Section 384.26 of said Code; and it is the
decision of the Council that additional action be
taken for the issuance of $2,860,000 General
Obligation Bonds, Series 2002, and that such
action is considered to be in the best interests of
said City and the residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Bonds hereinafter
described be offered at public sale, pursuant to
advertisement as required by law.
Section 2. That the Clerk is hereby directed to
publish notice of saie of said Bonds at least
once, the last one of which shall be not less than
four nor more than twenty days before the date
of the sale. Publication shall be made in the
Telegraph Herald, a legal newspaper, printed
wholly in the English language, published within
the county in which the Bonds are to be offered
for sale or an adjacent county, Said notice is
given pursuant to Chapter 75 of the Code of
Iowa, and shall state that this Council, on the 3rd
day of December, 2001, at 6:30 o'clock P.M., will
hold a meeting to receive and act upon bids for
said Bonds; said notice to be in substantially the
following form:
NOTICE OF BOND SALE
Time and Piace of Seaied Bids: Sealed bids
for the sale of Bonds of the City of Dubuque,
Iowa, will be received at the office of the Finance
Director, in the City of Dubuque, Iowa (the
"Issuer") at 11 :00 o'clock A.M., on the 3rd day of
December, 2001. The bids will then be publicly
opened and referred for action to the meeting of
the City Council as stated below.
Sale and Award: The sale and award of the
Bonds will be heid at the Auditorium, Carnegie-
Stout Public Library at a meeting of the City
Council on the above date at 6:30 o'clock P.M.
The Bonds: The Bonds to be offered are the
following:
GENERAL OBLIGATION BONDS, SERIES
2002, in the amount of $2,860,000, to be dated
December 15, 2001 (the "Bonds").
Official Statement: The Issuer has issued an
Official Statement of information pertaining to
the Bonds to be offered, including a statement of
the Terms of Offering and an Official Bid Form,
which is incorporated by reference as a part of
this notice. The Official Statement may be
obtained by request addressed to the City Clerk,
50 W. 13th Street, Dubuque, Iowa 52001
(\eiephone: 5631589-4100) or the financial
advisor to the City, Evensen-Dodge, Inc., 100
Court Avenue, Suite 203, Des Moines, Iowa
50309 (telephone: 515/282-6138).
Terms of OfferinQ: All bids shall be in
conformity with and the sale shall be in accord
with the Terms of Offering as set forth in the
Official Statement.
Leoai Ooinion: Said Bonds wiii be sold subject
to the opinion of Ahlers, Cooney, Dorweiler,
Haynie, Smith & Allbee, P.C., Attorneys of Des
Moines, Iowa, as to the iegality and their opinion
will be furnished together with the printed Bonds
without cost to the purchaser and all bids will be
so conditioned. Except to the extent necessary
to issue their opinion as to the legaiity of the
Bonds, the attorneys will not examine or review
or express any opinion with respect to the
accuracy or completeness of documents,
materials or statements made or furnished in
connection with the sale, issuance or marketing
of the Bonds.
Riahts Reserved: The right is reserved to
reject any or all bids, and to waive any
irregularities as deemed to be in the best
interests of the public.
By order of the City Council of the City of
Dubuque, Iowa.
1st Jeanne F. Schneider
City Clerk of the City of Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this 19'" day of
November,2001.
Regular Session, November 19, 2001
391
.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Main Street Reconstruction, 5th to 9th Streets -
Initiate: City Manager recommending initiation of
the bidding process for the Main Street
Reconstruction from 5th to 9th Project and setting
a public hearing for December 17, 2001.
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
.
RESOLUTION NO. 501-01
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Main
Street Reconstruction Project - 5th to 9lh Streets,
in the estimated amount of $2,901,216.46, are
hereby approved and ordered flied in the office
of the City Clerk for public inspection.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
RESOLUTION NO, 502-01
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Main Street Reconstruction Project - 5th to
9th Streets.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 17th day of December, 2001, a
public hearing will be held at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or againsl the proposed pians and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO, 503-01
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the Main
Street Reconstruction Project - 5th to 9th Streets.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the publiC welfare to make the
herein mentioned improvements, and unless
property owners at the lime of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
resolution of necessity, they shall pe deemed to
have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and In proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from Street Construction
Fund and Local Option Sales Tax Fund, and
special assessment bonds may be issued in
anticipation of deferred payments of
assessments when a contract has been
performed and accepted, and the proceeds
thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 19th day of November, 2001.
Approved and placed on file for final action.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0,
392
Regular Session, November 19, 2001
RESOLUTION NO. 504-01
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection,
for the Main Street Reconstruction Project - 5th
to 9th Streets, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 17th day of December, 2001, a
public hearing will be held at 6:30 o'clock p.m. in
the Public Library Auditorium in the City of
Dubuque at which time the owners of property
subject to assessment for the proposed
improvement or any other person having an
interest in the matter may appear and be heard
for or against the making of the improvement,
the boundaries of the district, the cost, the
assessment against any lot, or the final adoption
of a resolution of necessity and the City Clerk be
and is hereby authorized and directed to cause
a notice of time and place of such hearing to be
published in a newspaper having generai
circulation in the City of Dubuque, Iowa, which
notice shall be published once each week for
two consecutive weeks, the first publication of
which shall be not less than ten days prior to the
day fixed for its consideration. Unless property
owners at the time of the final consideration of
this proposed resolution have on file. with the
City Clerk objections to the Resolution of
Necessity they shall be deemed to have waived
all objections thereto.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 505-01
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 1 inclusive, are
hereby determined to be the schedule of
proposed assessments for the Main Street
Reconstruction - 5lt\ to 9th Streets and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 506-01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Main Street Reconstruction Project-
5'" to 9th Streets 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
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
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
the 6th day of December, 2001. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council 'for final
action at 6:30 p.m. on the 17th day of
December, 2001.
Passed, approved and adopted this 19th day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Congress Circle - Request to Vacate: City
Manager recommending that a public hearing be
set for December 3, 2001 to consider a request
to vacate Congress Circle, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion ca rried 7-0.
RESOLUTION NO. 507-01
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED CONGRESS CIRCLE
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated November 13, 2001. prepared by IIW
Engineers & Surveyors, P.C., describing
Congress Circle; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated November 13,
2001, prepared by IIW Engineers & Surveyors,
P.C., relative to the real estate hereinabove
Regular Session, November 19, 2001
393
.
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a 20-foot perpetual access easement to the
west end of Congress Circie, Lot 1 of Westview
Shopping Center Place NO.2.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque Count~, Iowa.
Passed, approved and adopted this 19 day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance vacating Congress Circle,
presented and read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 77-01
ORDINANCE VACATING CONGRESS CIRCLE
Whereas, Key City Investment Co. has
requested the vacating of Congress Circle; and
Whereas, IIW Engineers & Surveyors, P.C. has
prepared and submitted to the City Council a
plat showing the vacated street of Congress
Circle and assigned lot number thereto, which
hereinafter shall be known and described as Lot
2A of Westview Shopping Center Place No.2, in
the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Congress
Circle is no longer required for public use,
except for a 20-foot perpetual access easement
to the west end of Congress Circle, Lot 1 of
WestviewShopping Center No.2 as noted, and
vacating of said Congress Circle known as Lot
2A of Westview Shopping Center Place NO.2 in
the City of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 2A of Westview Shopping Center Place No.
2 in the City of Dubuque, Iowa, be and the same
is hereby vacated.
Section 2. The City of Dubuque reserves unto
itself a 20-foot perpetual access easement to the
west end of Congress Circle, Lot 1 of Westview
Shopping Center Place NO.2.
Passed, approved and adopted this 19'h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this J'h day of January, 2002.
.
Jeanne F. Schneider, City Clerk
11 1/7
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 50S-01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 2A OF WESTVIEW
SHOPPING CENTER PLACE NO.2,
DUBUQUE, IOWA
Whereas, Key City Investment Co. has
requested the vacating of Congress Circle.
Whereas, IIW Engineers & Surveyors, P.C. has
prepared and submitted to the City Council a
plat showing vacated Congress Circle and
assigned lot number thereto, which hereinafter
shall be known and described as Lot 2A of
Westview Shopping Center Piace No.2, in the
City of Dubuque, Iowa; and
Whereas, the City Council of the City at
Dubuque, Iowa has reserved unto itself a 20-foot
perpetual access easement to the west end of
Congress Circle, Lot 1 of Westvlew Shopping
Center Place No.2.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 2A of Westview
Shopping Center Place No. 2 in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot 2A of
Westview Shopping Center Place No.2 in the
City of Dubuque, Iowa to Key City Investment
Co. be contingent upon the payment of
$35,750.00 plus platting, publication and filing
fees.
Section 3. The City of Dubuque reserves unto
itself a 20-foot perpetual access easement to the
west end of Congress Circle, Lot 1 of Westview
Shopping Center Place No.2.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 19'h day of
November, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and further set this matter for Public Hearing on
12/3/01 at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
394
Regular Session, November 19, 2001
Rick Dickinson of GDDC spoKe stating that
Dubuque ranked second in the nation on
business retention.
There being no further business, Cline moved
to adjourn. Seconded by Nicholson. Motion
carried 7-D. The meeting adjourned at 9:02 P.M.
Is! Jeanne F. Schneider
City Clerk
1t 11128
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