Council Proceedings January 02Regular Session, January 7, 2002 1
DUBUQUE
CITY
OFFICIAL
PROCEEDINGS
City Council Regular Session, January 7,
2002
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michaiski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry 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 propedy come before the City Council.
Invocation was given by Msgr. Francis Fried[.
City Clerk Jeanne F. Schneider swore in
Mayor Torrance M. Duggan, Mayor Duggan
swore in Council Member At-Large Daniel E.
Nicholson, Council Member First Ward John H.
Markham, and Council Member Third Ward
Joyce E. Connors.
Mayor Duggan swore in Mayor Pra-Tem Ann
E. Michalski.
Proclamation: Martin Luther King Day (January
20, 2002).
Rick Goodin, Airport Commission Chairperson,
introduced Andrew Perry, Airport Manager,
CONSENTITEMS
Minutes Submitted: Airport Commission of
12/17; Cable TV Regulatory Commission of
12/12; City Council of 12/17 and 12/27; Civil
Service Commission of 12/12; Community
Development Advisory Commission of 12/6;
Environmental Stewardship Advisory
Commission of 12/17; Five Flags Commission of
12/17; Housing Commission of 12/8; Long
Range Planning Advisory Commission of 12/19,
presented and read. Buol moved that the
minutes be received and filed. Seconded by
Cline. Motion carded 7-0.
Proof of publication of City Council
Proceedings of 11/28, 12/3, 12/10; and 12/17,
presented and read.
Notice of Claims/Suits: Joe Chapman in
estimated amount of $15 for property damage;
Richard J. Hartig in estimated amount of
$1,061.41 for property damage; Joe A. Kubicek
in estimated amount of $115 for personal injury
of Robert Kubicek; SISCO in estimated amount
of $361 for 3ersonal injury clairr of Jody
Bradley; Merle A. Vier[el in estimated amount of
$871.24 for property damage, presented and
read. Buol moved that the claims ano suits be
referred to the Legal Staff for investigation and
report. Seconded by Cline. Motion carried 7-0.
Corporation Counsel advising that the
following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Mede A. Vfertel
for property damage, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Ctine. Motion
carried 7-0.
Corporation Counsel recommending denial of
the claim of Robert Wild for property damage,
presented ano read. Buol moveo that the
communication be received anc filed and
concurred with the recommendation. Seconded
by Cline. Motion carded 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Public Safety Dispatcher, presented
and read.
December 18, 2001
Honorable Mayor and Members of the City
Council
In accordance witl- Chapter 400 of the 2001
Code of Iowa, an examination for the 3osition of
Public Safety Dispatcher was given on
December 11, 2001. We hereby certify that the
individuals listed below have passed this wdtten
examination anc the vacancy for this position
should be made from this list and that this list is
good for two (2) years from above date.
PUBLIC SAFETY DISPATCF- =R
Jessica M. George
Diane M. Hickey
Edie A. Huss
Julie A. Rooney
Beth A. Saylor
Respectfully submitted.
Is/Loras Ktuesner. Chairperson
/s/Merle Duehr
/s/Richard Wedzbe~ger
Civil Service Commission
Buol moved that the communication be
received ane flied aha made a matter of record.
Seconded by Cline. Motion carded 7-0.
2001 GPRA Annual Products Report: City
Manager submitting the 2001 Govemmera
Performance and Results Act (GPRA) Annual
Products Report which Certified Local
Governments submit to the National Parks
Service to demonstrate to Congress the
accomplishments of programs funded by the
2 Regular Session, January 7, 2002
rd~stonc Preservation Fund. presented and read.
Buol moved that the communication be received
and filed. Seconded Dy Cline. Motion carried 7-
0.
Ftoodwall Inspection Report: City Manager
forwarding the Floodwall Insoection Reaort from
me U.S Army Corps of Engineers m which the
Cit, received the highest Corps rst~ng of
acceotae~e, presented and read. Buol moved
that the communication De received and filed.
Seconded dy Cline. Motion carried 7-0.
interstate Power Loan Extension: City
Manager recommending approval ct an
addendum to the Urban Renewal Tax Increment
Revenue Promissory Note and execution of the
mortgage extension with AIliant Energy
(interstate Power), presented and read. Bud[
moved that [ne communication be received and
filed and aDDrOVed recommendation. Seconded
by Cline. Motion carried 7-0.
Agreement Between the City of Dubuaue and
Delta Dental Plan of iowa: City Manager
recommending approval of the Administrative
Services and Financial Agreement betweer the
Cit~ of Dubuaue and Delta Dental Plan of iowa
for servmes related to the administration of the
City's dental plan - removed from Agenda.
Substance Abuse Policy: City Manager
recommending adootion of a Substance Abuse
Policy for the City of Dubuque as required by the
Federal Drug and Alcohol Testing Regulations,
presented and read. Buol moved that the
communication be received and filed and
adoated the Polic~,. Seconded by Cline. Motion
carried 7-0
iowa Deaartment of Natura Resources:
Communication from the Iowa Department of
Natura Resources regarding municipal separate
s[orm sewer oermit reouirements, presented and
read. Buol moved that the communication be
received and filed Seconded Dy Cline. Motion
carried 7-0.
Dubucue Metropolitan Area Solid Waste
Agency: Jan Hess. Secretary for the :3ubuoue
Metropolitan Area Solid Waste Agency,
submitting rates for the landfill beginning July 1,
2002. 3resented and read. Buol moved that the
communication be received and filed. Seconded
Dy Cline. Motion carded 7-0
LOrdS College Request to Purchase
Property: Communication frorr Stephen J.
SchmalL Loras College, reduesting To purchase
a pomon of two City-owned streets, presented
and read. Buol moved that the communication
be received and filed and referred to the City
Manager. Seconded by Cline. Motion carried 7-
0.
Mediacom: Communication from Mediacom
advising ct a rate increase effective with
February 2002 billing statements, presented and
read Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Liauor License Refund: MM and H Corporation
requesting a refund of their Class C Liquor
License ~" the amount of $422.50. presented
and read. audi movee that the communication
be received and filed and refund approved.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 1-02
NOW. THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That [ne following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuoue. Iowa. De
grantee a oermit to sell Cigarettes and Cigarette
Pacers within said City.
New
Awn Stoa Mart Inc Awn Stop Mart Inc.
1998 Jackson
Passed. approved and adopted this 7th day of.
January 2002.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 2-02
Whereas applications for Beer Permits have
been submitted and filed to this Council for
approval aha the same nave been examined
and approved: and
Whereas. the 3remises to be occupied by such
applicants were inspected and found to comply
with the Ordinances af 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
ssued the following named applicant., a Beer
Permit.
CLASS "B" BEER PERMIT
KT Restaurants Godfather's Pizza+
(Sunday Sale) 1575 JFK Rd
CLASS "C" BEER PERMIT
Rainbo Oil Company Kwik Stop Food
Mart+(Sunday Sale) 2320 Hwy 61
Awn Stoa Mart Inc. Awn Stob Mart+
(Sunday Sale) 1998 Jackson
Hy-Vee Inc. Hy-Vee # 2+
(Sunday Sale) 4800 Asbury Rd
Regular Session, January 7, 2002 3
Passed, approved and adopted this 7th day of
January, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 3-02
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
Braezer's Pub Company Breezers Pub+
(Sunday Sale) 600 Central Ave
Phillip Love The Lounge+
(Sunday/Outdoor Sale) 481 Locust St
Mul, thc A & B Tap+
(Sunday Sale) 2600 Central Ave
CLASS "B" WINE
Dubuque Religious Center, Inc Dubuque
Religious Center 923 Main St
Hy-Vee Hy-Vee # 2
4800 Asbury Rd
Passed, approved and adopted this 7~ day of
January, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution;
Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSION~
Interviews for the following Boards /
Commissions:
HUMAN RIGHTS COMMISSION:
(Three vacancies for terms through 1/1/05 -
Blau, Determan, and Sutton). Applicants: Sr.
Codne Murray, PBVM; Lou Oswald; Bill Ross;
Joseph Hopkins. No one spoke.
PLUMBING BOARD:
(Journeyman - Term of Papin to expire
11/2/03). Applicant: Paul Papin. No one spoke.
ACTION ITEMS
Michalski moved to remove the following item
from the table. Seconded by Nicholson. Motion
carried 7-0.
Main Street Opening from 5~h to 9th - Award of
Contract (Tabled from December 17, 2001):
Communication from Mike Portzen advising
that Portzen Construction. Inc. will honor [heir
bid proposal for the project through January 8.
2002; Public Works Director Mike Koch
submitting revised construction schedule; Proofs
of publication on notice of hearing on plans and
specifications, and ~otice to bidders on the
receipt of bids, and City Manager recommending
award of the contract for the opening of Main
Street from 5'" Street to 9'n Street to Portzen
Construction. Inc.. ~n the amount of
$1,864,870.39: Communication from Thomas G.
Bond, Dubuque TV Limited Partnershio.
expressing opposition to the proposed
assessment to his property at 744 Main Street;
Communication from Michael J. Kielty, Banner
investments, in opposition to the proposed street
assessment for his property at 799 Main Street.:
Communication of David W. Leifker regarding
Town Clock Plaza; Communication from
property owners (13) in support of re-oaening
Main Street and their proposed assessments,
presented and read
RESOLUTION NO. 4-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 14th day of November, 2002.
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Main Street
Reconstruction Project - 5TM to 9TM Streets.
Whereas, notice of headng on plans,
specifications, form of contract, and estimatec
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the ~lans, soecifications, form of
contract and estimated cost for said
improvements for said project.
Passed. adopted and approved this 7'" day of
January, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved aooption of the Resolution.
Seconded by MichalskL Carried by the following
vote: Yeas--Cline, Connors, Markham,
Michalski, Nicholson. Buol. Nays--Duggan.
RESOLUTION NO. 5-02
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS FOR MAIN
STREET RECONSTRUCTION PROJECT - 5TM
TO 9TM STREETS
Whereas. the City Council 2assed Resolutior
505-01, dated November 19. 2001. approving
the Preliminary Schedule of Assessments for the
reconstruction of Main Street. from 5~r to 9~h
Streets; and
4 Regular Session, January 7, 2002
Whereas z nas Been determinee that the
Schedule of Assessments contained two errors
which need to Be corrected.
NOV~ THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. OWA:
That the following amenaments, as shown on
[he attachee sneer, be made to Resolution 505-
01. Preliminary Schedule ~of Assessments for
[ne reconstruction of Main ~treet. from 5 h to 9th
Streets,
Passec approved and adoated this 7,n day of
January 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholson moved aooation of the Resolution.
Seconded by MichalskL Carried Dy the following
vole: Yeas--Cline. Connors, Markham.
Micha]ski. Nicholson. Buol. Nays--Duggan.
RESOLUTION NO. 6-02
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE MAIN
STREET RECONSTRUCTION, 5TM TO 9TM
STREETS
Whereas me City Council has proposed a
Resoluuon of Necessity for the Main Street
Reconstruction. 5th to 9~h Streets. has given
nouce of the aublic hearing thereon as reauired
by law: and
Whereas rne public hearing nas been held. all
eersons offering objections nave been heard
and consideration given to all objections and is
pending before this Council: and
Whereas. [his is the time ane place set as
orovided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the proposed =~esolution of Necessity
described above is hereby:
x Adopte¢ without amendment, and all
objections filed or made having been
dully considered are overruled.
_Adoetee as amended By the Schedute of
Assessments attached hereto as
Exhibit A. and made a cart hereof by
reference. All oDjections filed or made
having Been duly considered are
overruled.
_Deferred for later consideration to a City
Counc~ meeting to De held on the
day of next at 6:30 p.m. ~n . with
jurisdiction retained for further
consideration and action at the
adjourned meeting.
_Abandonee.
;assoc. adopted and approved this 7~n day of
January, 2002
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC. City Clerk
Nicholson movee aeoatior of the Resolution
Seconded by Michalski. Carried by the following
vote: Yeas--Cline. Conners. Markham
Michalski Nicholson Buo[. Nays Duggan.
RESOLUTION NO. 7-02
AWARDING CONTRACT
Whereas sealed proposals have been
submitted ay contractors for Main Street
Reconstruction Project, 5~" to 9'r Streets.
Pursuant to Resolution No. 506-01 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 23r° aay of
November. 2001
Whereas. said sealed eroDosals were opened
and reae on the 6th day of December, 2001, and
it has been determined that the bid of Portzen
Construction. Inc. of Dubuque, Iowa. in the
amount of $1.864,870.39 was the lowest bid for
the furnishings of all labor ane materials and
3erforming the work as provided for in the plans
ane specifications.
NOW THEREFORE BE T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. iOWA:
That the contract for the above improvement
be awaroec to Podzen Construction, inc. and
the Manager ee and is hereby directed to
execute a contract on behalf of the City of
Dubuaue for the comalete oerformance of the
work.
BE IT FURTHER RESOLVED:
Section 1. That Portzen Construction. mc. be
given a three-week extension on the completion
deadlines, since the award of the contract
exceeded his requirement to hold the bid price
for a maximum of thirty (30) oays after the
receipt of bids
Section 2. That the eady bonus date moved
from July 26. 2002, to August 16, 2002 and from
August 31. 2002 to September 21,2002.
Section 3. That upon the s~gnmg of said
contracl and the aaarova[ of the contractor's
bond. the City Treasurer is authorized and
instructed [o return the bid deaosits of the
unsuccessful bidders.
Passed. approved and adoeted this 7th day of
January, 2002.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC City Clerk
Nicholson moved adoBtion of the Resolution
aris amended [ne Resolutior to extend the
completion date for one month rather than Lhree
weeks. Seconded ay Michalski Carried Dy the
following vote: Yeas--Cline, Connora. Markham,
Michalski. Nicholson, Buol. Nays--Duggan.
Affordable Housing Tax Credit Program
Application - MWF Properties: Communication
from David T. Steele, Vice President of MWF
Proper[les, reeuesting the City supper[ their
Regular Session, January 7, 2002 5
Affordable Housing Tax Credit Program
Application to the State of iowa; City Manager
providing information regarding a request from
MWF Properties for City support of an
application to the iowa Finance Authority for
housing tax credits for a new construction family
apartment complex to be known as Rave~ Hill
Apartments; and a Resolution of Support for the
development of a rental housing project [o be
known as Raven Hill Apartments, presented and
read.
David Steele of MVVF Properties, spoke in
support of this project.
Discussion ensued about the speed of this
project and that staff had no recommendation.
Nicholson moved to receive and file [he
documents and to refer the matter to Staff.
Seconded by Cline. Motion carried 7-0.
Memorandum of Understanding with Heartland
Financial USA: City Manager recommending
approval of a Memorandum of Understanding
between the City and Heartland Financial USA,
Inc. for an expansion project in downtown
Dubuque, presented and read. Cline moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Lynn B. Fuller, President and CEO of
Heartland Financial USA, inc., spoke in suppott
of the Memorandum of Understanding.
RESOLUTION NO, 8-02
A RESOLUTION APPROVING A
MEMORANDUM OF UNDERSTANDING WITH
HEARTLAND FINANCIAL USA INC. FOR AN
EXPANSION IN DOWNTOWN DUBUQUE
Whereas, Heartland Financial USA Inc. is
proposing to expand employment in the City of
Dubuque, and
Whereas, the City is encouraging the
Company to expand its operations in Downtown
Dubuque, and
Whereas, a Memorandum of Understanding
has been prepared for said expansion,
NOW THEREFORE BE iT RESOLVED BY
THE CiTY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. The attached Memorandum of
Understanding is hereby approved.
Section 2. The City Manager is hereby
directed to prepare documents necessary [o
implement the Memorandum of Understanding
Passed, approved and adopted this 7th day of
January 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolufion.
Seconded by Michalski. Motion carded 7-0.
HOME Program funds for rehabilitation of
properties located near the "Five Points"
intersection, presented and read. Nicholson
moved that the communication be received and
filed and approved the recommendation.
Seconded W Cltoe. Motion carded 7-0.
City Council Appointments: Communications
from the Dubuque Racing Association and
Operation: New View requesting appointment of
the City's designees to their reseecfive Boards
for calendar year 2002, presented and read.
Nicholson moved [hat the communication be
received ami filed. Seconded by MichalskL
Motion carried 7-0.
Dubuque Metropolitan Solid Waste Agency;
Micha[ski moved that Nicholson be appointed [o
that Board. Seconded by Cline. Motion carriec
7-0.
OPeration: New View: Nicholson moved that
Cline and Connors be appointed to that Board.
Seconded by Michalski. Motion carded 7-0..
Dubuque Racing Assn: Nicholson moved that
the current members remain on that Board -
currently Mayor Duggan and Council Members
Buol and Markham. Seconded by Michalski.
Motion carried 7-0.
REAP Committee - Nicholson moved that
Connors be appointed [o that Committee.
Seconded by Cline. Motion carried 7-0.
Airport Commission: Nicholson moved that
Markham be reappointed to a one year term to
expire 01/5/03. Seconded by Michalski Motion
carried 7-0.
There being no further business, Markham
moves to adjourn Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 7:28 P.M.
It 1/16
Is/Jeanne F. Schneider
City Clerk
HOME Program Application: City Manager
recommending approval of an application to the
iowa Department of Economic Development for
6 Regular Session, January 7, 2002
Approved: May 20, 2002
Adopted: May 20, 2002
/s/ Terrance M. Duggan,
Mayor
/s/ Patricia Cline
/s/ Ann E. Michalski
/s/ Joyce Connors
/s/ John H. Markham
/s/ Roy D. Buol
/s/ Dan Nicholson
Council Members
/s/ Karen M. Chesterman
Deputy City Clerk
ei¢ Clerk, ~
Special Session, January 21, 2002 7
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Counci Soecial Session. January 21,
2002
Council met for dinner at 4:45 P.M. in the
Library Rotunda
Council met in Special Session at 5:23 P.M. in
the Library Auditoriurr
Present: Mayor Pro-Tern Michalski. Council
Members Buol. Cline. Connors. Markham.
Nicholson, CiTy Manager Michael Van Milligen,
Corporation Counsel Barry Lthdahl.
Absent: Mayor Duggan.
Mayor Pro-Tern Michalsk: read the call and
s[a[eo this is a Special Session of the City
Council called for the purpose of discussing
Stree[scape Design Guidelines in the Histodc
Preservation Districts.
Terry Mozena Chair of the Historic
Preservation Commission, introduced the
members of the Historic Design Guidelines
Steering Committee that were present.
Kevin Eippede of The Durrant Group
presented the draft Guidelines.
At 6:07 P.M. there being no further business
on this subject, Buol moved to go into Closec
Session - re: Pending Litigation and Acquisition
of Property - Iowa Code Chapter 21.5(1)(c)(j),
Seconded 3y Cline. Motion carried 6-0.
At 6:28 P.M. upon consensus Closed Session
adjourned stating Staff had been given proper
direction.
Is/Jeanne F. Schneider. CMC
City Clerk
It 1/30
Approved: May 20, 2002
Adopted: May 20, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Patricia Cline
/s/ Ann E. Michalski
/s/ Joyce Connors
/s/ John H. Markham
/s/ Roy D. Buol
/s/ Dan Nicholson
Council Members
Attest:
/s/ Karen M. Chesterman
Deputy City Clerk
Council Uem~
Ci~ Clerk .
8 Regular Session, January 21, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Regular Session. January 21
2002
Council met in Regular Session at 6:30 P.M. in
the Library Auditadum
Present: Mayor Pro-Tem Michalski, Council
Members Buo, C]ine, Connors. Markham.
Nicho~son City Manager Michael Van Milligen,
Corcoration Counsel Barry Lindahl
Absent: Mayor Duggan.
Mayer Pm-Terr Michalski reac me call and
stated this is the regutar session of the City
Counci Called for the DUroOSe of acting UDOn
such business which may properly come before
the City Council.
Invocation was given by President Ken
~aughters. Emmaus Bible College.
CONSENT ITEMS
Minutes Submitted: City Council of 1/7: Civil
Service Commission of 12/18: Histodc
Preservatio- Commission of 12/20: Park and
Recreation Commission of 12/1~; Transit Board
of 12/13: Zoning Advisory Commission of 12/19
anc 1/2: Zoning Board of Adjustment of 12/20
presented and read. Dual moved that the
minutes be received and filed. Seconded by
Cline. Motion carried 6-0.
Finance Director submitting the City of
Dubuque Financial reeorts for the month ending
December 31. 2001. presented and read. Buo[
moved that [ne communication and report 3e
received and filed. Seconded by C[ine. Motion
carried 6-0.
Printed Council Proceedings for November
2001 nresen[ed and read. Dual moved that the
proceedings be aoaroved as orinted. Seconded
by Cline. Motion carried 6-0
Notice of Claims/Suits: David Draper n
estimated amount of $629.04 for vehicle
damage; Carol Ernst in estimated amount of
$503.97 for vehicle damage; Farm Bureau
Mutua insurance in undetermined amount for
yen cie aamage aha personal injunj of Ead
Hinzman: Leuwerke and Associates Inc. in
undetermined amount for property damage
claim of Ellen Close: Randy Rath in estimated
amount of $800 for vehicle damage, presented
and read. Dual moved that the claims and suits
De referred To me Lega Staff for investigation
and reeort, Seconded 3y Cline. Motion carried 6-
0.
Corcoratior Counsel advising that the
following claims have been referred to Public
Entity Risk Services of iowa, the agent for the
Iowa Communities Assurance Pool: Richard J.
Hartig for property damage.; Joe A. Kubicek for
persona injury; and SISCO for personal injury
claim of Jody Bradley, presented and read. Buol
moved that the communications be received and
filed. Seconded by Cline. Motion carded 6-0.
Coreoration Counsel recommending approval
of the claim of Joe Chapman for property
damage in the amount of $15.00 and directing
the Finance Director to issue the proper
payment, presented and read, Dual moved that
the communication be received and filed and
directed Finance Director to issue proper
3ayment. Secondea by Cline, Motion carried 6-
0.
Citizen Communications:
Communication from John and Tina Perry
requesting thai the City vacate a portion of
Burlington and Stolz Street abutting their
property presented and read. Buol moved that
me communicatior be received and filed and
referred to the City Manager. Seconded by
Cline. Motion carried 6-0.
Communication from Brendan T. Quann,
representing the Sisters of Chadty of the
Blessed Virgin Mary, requesting that the City
vacate a portion of Carmel Drive abutting
property owned by the Sisters of Chadty,
presented and read. Buol moved that the
communication De received and filed and
referred to me City Manager. Seconded by
Cline. Motion carried 6-0.
Communication from Kenneth J. Moore and
Vince Kilburg requesting that parking be allowed
in the alley between Main Street and Iowa Street
for tenants in building located at 140 Loras
Boulevarc cresented and read.
Mr. Vince 4ilburg of Bellevue, as Building
Manager, spoke claritying this request.
Buol movea that the communication be
received aha filed and referred to the City
Manager. Seconded by Cline. Motion carried 6-
0.
Civil Service Commission:
Civil Service Commission submitting the
certified list for the position of Stock Clerk and
amending the certified list for Equipment
Operator II, presented and read.
January 3, 2002
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2001
Code of Iowa. an examination for the position of
Regular Session, January 21, 2002 9
Stock Clerk was given on December 18, 2001.
We hereby certify that the individuals listed
below have passed this written examination and
the vacancy for this position should be made
from this list and that this list is good for two (2)
years from above date.
STOCK CLERK
Gary Nauman Frederick Bdmeyer
Garry F. Clauer Kathy L. Masterpol
Teresa M. Behnke Timothy J. Schmit
Randy Ludowitz Edie A. Huss
Respectfully submitted,
/s/Lores Kluesner, Chairperson
/s/Merle Duehr
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Cline. Motion carried 6-0.
January 3, 2002
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2001
Code of Iowa, an examination for the position of
Equipment Operator II was given on June 12,
2001, We hereby certify that the following
individuals be added to the previously certified
list for this position.
EQUIPMENT OPERATOR II
Scott L. Papa
Troy J. Kappares
Respectfully submitted,
/s/Lores Kluesner, Chairperson
/s/Mede Duehr
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record;
Seconded by Cline. Motion carded 6-0.
City Precinct and Ward Plan: Communication
from Chet J. Culver, Secretary of State, advising
that the State has approved the City Precinct
and Ward Plan as submitted, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 6-0.
Dubuque Gids' Independent League: City
Manager recommending approval of the first
amendment to the lease agreement between the
City of Dubuque and the Dubuque Girls'
Independent League for 11.6 acres of the Rip
Row Valley property to clearly state when the
general public will be able to use the leased
area, presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 6-0.
RESOLUTION NO. 9-02
RESOLUTION APPROVING AN AMENDMENT
TO THE LEASE AGREEMENT WITH THE
DUBUQUE GIRLS' INDEPENDENT LEAGUE
Whereas, the City Council of the City of
Dubuque, Iowa, met on the 21st day of January,
2002, at 6:30 p.m., in the Public Library
Auditorium, Eleventh and Locust Streets,
Dubuque, Iowa, to consider the first amendment
to the Lease Agreement between the City of
Dubuque and the Dubuque Girls' Independent
League, a copy of which is attached hereto and
incorporated herein by reference; and
Whereas, the City Council of the City of
Dubuque, Iowa, overruled any and ali
objections, oral or wdtten, to the lease
agreement;
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The amendment to the Lease
Agreement between the City of Dubuque and
the Dubuque Girls' Independent League, a copy
of which is attached hereto, is hereby approved.
Seclion 2. The Mayor is authorized and
directed to execute the Lease Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 21st day
of January, 2002.
Ann E. Michalski, Mayor Pre-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Reso[utJee.
Seconded by Cline. Motion carded 6-0.
Phase III Historical/Architectural Survey Grant
Agreement: City Manager recommending
approval of a Certified Local Government (CLG)
grant agreement for Phase ill of Dubuque's
Architectural / Histodc Survey / Evaluation,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carded 6-0.
Final Plat - Eots 1 and 2 of C and Z Addition:
Zoning Advisory Commission recommending
approval of the final plat of Lots 1 and 2 of C and
Z AddiUee located at 605 and 611 South
Grendview at the request of Roland Clinton and
Richard and .Patricia Zahina, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 6-0.
RESOLUTION NO. 10-02
RESOLUTION APPROVING THE FINAL PLAT
OF LOTS I AND 2 OF C AND Z ADDITION
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 and 2 of C and Z
Addition; and
Whereas, said plat provides Lot 1 with 4,876
square feet of lot area and 50.63 feet of lot
frontage and Lot 2 with 4,966 square feet of
area and 48.70 feet of lot frontage, where 6,000
square feet of lot area and 60 feet of lot frontage
respectively are required; and
10 Regular Session, January 21, 2002
Whereas, said fina slat has been examined by
the Zoning Advisory Commission and had its
aDDreval eneorsed thereon: and
Whereas said fina slat has been examined by
rne City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE BE '- RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That Section 42-19(b) of [he
Subdivision Regulations is waived to allow Lot 1
w~[n 4.876 seuare feet of lot area aha 50.63 feet
of lot frontage eno Lot 2 with 4,966 square feet
of lot area and 48.70 feet of lot frontage, where
6.000 square feet of tot area and 60 feet of lot
frontage respective y are required.
Section 2. That the final olat of Lots ' and 2 et
C and Z Addition Is ~ereby approvea, and the
Mayor and City Clerk are hereby authorized and
directed [o endorse the approval of the City et
Dubuoue. Iowa ueon said final plat
Passed approved and adopted this 21st day
of January, 2002.
Ann E. Michalski Mayor Pro-Tern
Attest: Jeanne F. Schneider. CMC. Ci[y Clerk
Buol movea aeoption et me :~esolution.
Seconded by Cline. Motion carried 6-0.
330 - 336 Main Street - Accep[ance: City
Manager recommending acceotance of [he
demolition project at 330 - 336 Main Street in
the fina' contract amount of $150,040 as
completed by Tschiggfde Excavating, presented
and reae. Buol moved that the communication
3e received and filed. Seconded by Cline.
Motion carried 6-0.
RESOLUTION NO. 11-02
ACCEPTING IMPROVEMENT
Whereas. the contract for the demolition of the
9uilding ocated at 330-336 Main Street has
been completed ane the City manager has
examinee the work and filed his certificate
staung that the same has been completed
according [o me terms of the contracts plans
and specifications and recommends its
addeD[anco.
NOW. THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the recommendatior of the
City Manager be aeereved and that said
improvement be ana [he same s 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
Community Development Block Grant Fund in
amounts equa to the amount of this centred[.
less any retained percentage erovided for
there~n.
Passed. aDaroved and adooted this 21st day
of January, 2002.
Ann E. Michalski Mayor Pre-Tern
&ttest: Jeanne F. Schneider, City Clerk
Buol moved adoetior et the Resolution.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 12-02
FINAL ESTIMATE
Whereas. the contract for the demolition of the
building located at 330-336 Main Street has
been completed and the Economic Development
Director nas submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and insoecfion ane 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
nereoy determined to oe $150.040 and the said
amount shall be paid from the Fiscal Year 2001
Community Development Block Grant funds.
Passed approvee and adopted this 21st day
of January, 2002.
Ann E. Michalski. Mayor Pre-Tern
A[test: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Westside Intake Replacement Project
Acceptance: City Manager recommending
acceptance of the Westside Intake Reolacement
Project in [he final contract amount of
839.704.11 as completed by Renaissance of
Dubuque Corporation, eresented and read. Buol
moved that the communicafion be received and
filed. Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 13-02
ACCEPTING IMPROVEMENT
Whereas, the contract for the Westside Intake
Replacement Prejecl nas been completed and
the City Manager has examined the work and
filed his certificate stating that the same has
been comaleted according to the terms of the
contract o~ans and specifications and
recommends it acceptance.
NOW THEREFORE. BE [T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager oe approved and that said
~merovemen[ 3e and the same is hereby
accepted.
BE [T FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 1999
Genera[ Fund in amount equal to the amount 3f
his contract less any retained percentage
provided for therein.
Regular Session, January 21, 2002
Passed, approved and adopted this 21st day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolutior
Seconded by CIine. Motion carried 6-0.
RESOLUTION NO. 14-02
FINAL ESTIMATE
Whereas, the contract for the Westside intake
Replacement Project has been completed and
the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, ~OWA:
Section 1. That the cost of said improvements
is hereby determined to be $46,262.86 and the
said amount shall be paid from the Fiscal Year
1999 Fiscal Year General Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 21s' day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by C[ine. Motion carded 6-0.
2001 CDBG Curb Ramp installation
Acceptance: City Manager recommending
acceptance of the 2001 Curb Ramp Installation
(CDBG) Project in the final contract amount of
$31,052.28, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 6-0
RESOLUTION NO. 15-02
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2001 Curb Ramp
installation - CDBG 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 it 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
Community Development Block Grant Funds in
amount equal to the amount of his contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 21s' day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moveo adoption of the Resolution.
Seconded by Cline. Motion carded 6-0.
RESOLUTION NO. 16-02
FINAL ESTIMATE
Whereas the contract for the 2001 Curb Rame
Installation - CDBG Project has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs
NOW THEREFORE. 3E T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvements
is hereby determined to be $33.225.93 and the
said amount shall be paid from the Fiscal Year
2001 Community Development Block Grant
Fund of the City of Dubuque. iowa.
Passed. approved and adopted this 21s' day of
January, 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
BuoI movec adoptior of the Resolution.
Seconded by Cline. Motion carried 6-0,
2001 Sidewalk Assessment Project: City
Manager recommending approval of the final
assessment schedule for the 2001 Sidewalk
Assessmeni Project presented aha read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 17-02
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE 2001
SIDEWALK ASSESSMENT PROJECT INCLU-
DING 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 after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to De
made for the construction of the 2001 Sidewalk
Assessment Projecl under contract with Kluck
Construction of Dubuque, Iowa. which final plat
and schedule were filed in the office of the City
Clerk on the 16~n day of January, 2002, the said
schedule of assessments be and the same is
hereby approved and adopted.
12 Regular Session, January 21, 2002
That there be. and is nereDy assessed ant
lev~ed as a seeoial tax against and upon each of
[ne rots. me respective sums indicated
Provided. fur[her that the amounts snown in
said fine schedule of assessments as
deficiencies are found to be proper and levied
conditiona y against [he respective properties
benefited by the imdravemen~s as snown in me
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
droDort~on to the sdecial benefits oonferraa and
not In excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
[o certify said schedule to the Count) Treasurer
of Dubuque County, Iowa. and to eublish nouce
of said certification once eacr week for ~vo
consecutive weeks in the manner orovided in
Section 362.3. me first publication of which shall
De nor more man fifteen days from the date of
filing of the final schedule. On or before the date
of the second aublication of the not~ce, tne City
Clerk shal a~so mail a CODy of said notice [o
proper~y owners wnose proper~y is subject to
assessment, as orovided 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 nays unpaid
assessments of $50.00 or more are payable in
10 annua~ installments and will draw annual
merest a~ rune cercent (commencing on the
date of acceotance of the work) computed to the
December 1 next following the due dates of the
resDecbve installments as provided n Section
384.65 of the Code of Iowa. Each installment will
~)e delinquem from October · following its cue
care on ,Ju~y 1 of each year, Property owners
may e~ec[ to pay any annua] installments
semiannua; y in acvance
Passed aDDroveo and adooted this 21~ day o!
January, 2002.
Ann E. Michalski. Mayor Pro-Tem
Attest: Jeanne F. Schneider. City Clerk
2001 SIDEWALK ASSESSMENT PROJECT
SCHEDULE OF FINAL ASSESSMENTS
The following schedule is hereby determined
To show each lot proposed to be assessed for
the ~mprovements snown in the title together
with the amount proposea to be esseseec
against eacn lot aha the valuation shown
opposite each lot are hereby fixed as the true
valuations of such lots by the City Council of the
Cit7 of Dubuque.
Property Owner Location Leqal Description
Parcel Total Assessment
~urkart. Daniel & Donna 201 E 22"a Lot 2 S
36' 56 & all 55 LH Langs Addn 10-24-203-018
$69.00
Bigelow. Marc &Linda 2995 Castlewood Lot
15 BIk 9 Arbor Oaks 10-15-152-023 $55.20
Arthur. Steve & Deann 3085 Castlewood Lot 5
Re-Plat Block 8 Arbor Oaks 10-15-152-018
$414.00
Dean Darron Wayne 119 Clarke Dr. E. 65' Lot
15 LH Langworthy Sub. 10-24-134-033 $55.20
Potter. Ralph R. 429 Clarke Dr. Lot 102 Cox's
Addn. 10-24-176-023 $110.40
Vaassen. Ronald and Judy 879 Clarke Dr. Lot
' Sub LO~S 30 & 31, Lot 4 Sub Lots 30 & 31
23-276-019 $55.20
Biechler. John. 2220 Foye Lot 22 CA Voelkers
Addn. 10-24~111-001 $55.20
Schmitt. Michael 2214 Jackson Lot 1 of 57 LH
Langworthy's Addn. 10-24-203-007 $276.00
Bemis. Terry & Justin. 1705 Lori Lot 12 Block
4 Scenic View r~gts #3 10-15-481-025 $110.40
Johnson Ronald G. 1782 Lcd Lot 4 Block 2
Scenic View Hgts #3 10-15-482-008 $423.20
Frank in. _aura 874 Mt. Loretta Lot 4 Mineral
Lot 39 10-36-206-009 $621.00
McCarron. Robert & Julia 928 Mt. Loretta Lot 6
Ryders Sub. 10-36-206-006 $165.60
Wilsor Monique 995 Mt. Loretta W. 50' Lot 59
& 1-60- Oak Grove Addn. 10-36-126-019
$1,373.10
Grabow Ralph 2615 St. Anne Dr. Lot 2 Block
6 St. Anne's Sub. 10-22~408-018 $386.40
Biechler. Judith 2905 St. Anne Dr. Lot 1 Block
7 Mettel Brooks Addn. 10-22-335-036 $124.20
Pluym, Daniel & Susan, 2044 White S. 32' W
Y2 Lot 44 LH Langworthy's Sub. 10-24-213-003
$276.00
Then. Lauretta & Richard 2062 White W % Lot
43 & S 28' W ½ Lot 42 LH Langwor~ny 10-24-
213-001 $55.20
Brashaw Paul & Kathryn 2160 St. Celia Lot 29
Block 4 Sunset Park #2 10-21-252-005 $655.04
Pards. Allen R. & Anita IV 1790 Auburr Lol
172 & N 12-1/2" Lot 171 Woodland Park Addn.
10-23-383-001 $690,00
Revered, James C. & Paula 2267 St. Celia Lei
14 BIk 6 Sunset Park #2 10-21-204-003 $368.00
Bisping, Isabelle D. 895 Lowell S. 50' Lot 22 &
23 Busemans Sub #1 10-23-235-009 $846.40
TOTAL $7.184.74
Buol movea adoption of the Resolution.
Seconded by Cline, Motion carried 6-0.
Dubuaue Yacht Basin Lease Amendments:
City Manager recommending approval of three
corrected lease amendments between the City
aha Dubuque Yacht Basir ~nc., which were
approved on December 17, 2001, presented and
reaa. Buol moved that that communication be
received and filed and approved
recommendation. Seconded by Cline. Motion
carried
Regular Session, January 21, 2002 13
Dodds River Terminals - Lease Amendment:
City Manager recommending approval of an
amendment to the lease agreement between the
City of Dubuque and Dodds River Terminals for
rail access, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO. 18-02
RESOLUTION APPROVING THE FIRST
AMENDMENT TO LEASE AND AGREEMENT
BETWEEN DUBUQUE TWINE COMPANY
AND THE CITY OF DUBUQUE DATED APRIL
10, 1979
Whereas, Dubuque Twine Company entered
into a certain Lease and Agreement with the City
of Dubuque (City) dated April 10, 1979; and
Whereas, Dubuque Twine Company assigned
the Lease and Agreement to Dodds River
Terminals, Inc. (Dodds) on June 12, 1995; and
Whereas, Dodds and the City desire to amend
Paragraph 4 of the lease regarding the use of
the City-owned railroad siding currently utilized
by Dodds; and
Whereas, Dodds proposes to give up and yield
any right to rall access to its leased property
from the City-owned railroad siding north of
Dodds and also proposes that the City accept
and maintain the newly-repaired south roilroad
siding from the Dodds rail and dock, to the point
where siding joins the Chicago Central and
Pacific Railroad tracks.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to Lease
and Agreement is hereby approved and the
Mayor is authorized and directed to execute the
First Amendment to Lease Agreement and
Agreement attached hereto,
Section 2. That the City reimburse Dodds the
sum of $8,464.16 (less Iowa sales tax) for its
cost in the repair of the southerly railroad siding.
Section 3. The City Cierk is hereby authorized
and directed to record a certified copy of this
Resolution and the First Amendment to Lease
and Agreement in the offices of the Dubuque
County Recorder.
Passed, approved and adopted this 21s~ day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Authorized Depository Institutions: City
Manager recommending increasing the
maximum balance for the City's authorized
depository institutions (Firstar Bank N.A.,
Dupace Community Credit Union, Premier Bank,
East Dubuque Savings Bank, and Liberty Bank)
from $15.000.000 to $20,000,000, presented
and read. Buol moved that the communication
be received and filed and approvea
recommendation. Seconded by Cline Motion
carried 6-0.
RESOLUTION NO. 19-02
NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of
Iowa states that the aoDroval of a financial
institution as a depository shal; be by wdtten
resolution or order which shall be entered of
record in the minutes of the aooroving boarc
and which shall distinctly name each depository
approved, and specify the maximum amount
which may be kept on deposit in each
depository; and
Whereas, This procedure is required if a
financial institution changes its name or home
office location, if the maximum amount is
changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial
institulions are approvea to be depositories of
the City of Dubuque, Iowa funds in conformance
with all applicable arovisions of the 2001 Iowa
Code Chapter 12C.2. The City Treasurer is
hereby authorized [o deposit City of Dubuque,
Iowa funds in amounts not to exceed the
maximum approved for each respective
financial institution as set out below.
Depositor~ Name Location of Home Office
Maximum Balance
Amedcan Trust & Savings Bank Dubuque, Iowa
$40.000.000
Dubuque Bank & Trust Company Dubudue.
iowa $40,000.000
Firotar Bank iX A. Milwaukee. Wisconsin
$20,000,000
Dupaco Community Credit Union Dubuque,
Iowa $20,000,000
Premier Bank Dubuque, Iowa $20,000,000
East Dubuque Savings Bank East Dubuaue
Illinois $20,000,000
Liberty Bank Des Moines, iowa -$20.000.000
Passed, approved and adopted this 21 st day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tam
Attest: Jeanne F. Schneider, City Clerk
Buo] movec adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Dubuque Yacht Basin - Firotar Assignment:
City Manager recommending approval of the
assignment of real estate and lease agreements
for the Dubuoue Yacht Basi~ to Firstar Bank,
presented and read. Buo, moved that that
communication be received and filed anc
14 Regular Session, January 21,2002
aDDrovea recommendation. Seconded by Cline
Motion carried 6-0.
Quarterly Investment Reoort: City Manager
submitting me December 31. 2001 Quarterly
nves[mem Report, oresented and read. Buol
movec that the communication and report De
received and filed Seconded by Cline. Motion
carded 6-0.
Four Mounas Foundation: City Manager
recommending support for a grant application by
the Four Mounds Foundation to the State
Historical Society for repairs to the exterior of
the Grey House (Conference Center/Inn),
presented ana read. Buol moved that the
communication De received anc filed and
aDoroved recommendation. Seconded by Cline.
Motion carried 6-0.
Heartland Financial - Notice of No Significant
Imdact: City Manager recommending approval
of a combined Notice of No Significant m[~act
on the Environment an(] Notice of intent to
Reduest Release of Funds for the Heartland
Financial USA project, presented and read. audi
moved that the communication be received and
filed. Seconded Dy Cline. Motion carried 6-0.
RESOLUTION NO. 20-02
A RESOLUTION AUTHORIZING PUBLI-
CATION OF A COMBINED NOTICE OF
FINDING OF NO SIGNIFICANT IMPACT ON
THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS
FOR HEARTLAND FINANCIAL '~ USA
PROJECT.
Whereas. the City of Dubuoue entered into a
Grant Agreement for the Fiscal Year
commencing July I 2001. with the U,S.
Deparrmem of Housing and Urban
Develoomem providing for financial assistance
to the City under Title I of the Housing and
Community Developmem Act of 1974. as
amended anc
Whereas, pursuant to the rules and regulations
as promu gated by the U.S. Deoartmem of
Housing and Urbar Development, an
environmental review nas beer processed for
the Heartland Financial USA project; and
Whereas. based on said environmental review.
the Deoartmem of Housing and Community
Develoumem nas determined that said project
will ~ave no s~gnificant impact on the
environment: and
Whereas. a combined notice of" Finding of No
Significant Impact on the Environment" aha of
"intent to Request Release of Funds" for said
2roject will De sent by regular mail to various
feders, slate and ocal public agencies; [o the
approdriate Regional Office of [he
Environmental Protection Agency, to the HUD
Area Office and to the local news media.
individuals and groups Known to De interested
and believed to De aooroonate to receive such a
notice: and
Whereas. an~ and all comments received as a
result of sucn notice will De duly considered
before aroceeding with a Reouest for Release of
Funds and Certification.
NOW. THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combinec
Notice of Finding of No Significant Impact on the
Environmenl and Notice of [ntent to Request
Release of Funds for the Heartland Financia
USA project and to make the Environmenta
Review Record for said project available for
public insoecfior and comment until 5:00 p.m.
on February 11. 2002. Such notice shall be in
the form of Exhibit "A" attached hereto and
made a part hereof.
Section 2. That the environmemal rewew
record for me 3roject shal be placed on fle in
[he Office of the City Clerk where said record
ma) be examined and copied by any interested
party.
Section 3. That the Mayor of the City of
Dubuaue is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Developmen! fifteen (15) days after
publication of approoriate notice a Request for
Release of Funds to undertake the said prolect.
Sectior 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a resoonsibie federal
officia under [he Nationa Environmental
Orotection Act. insofar as the drovisions of the
said Act apply to the U.S. Department of
-4ousing and Urban Development
'esoonsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuoue as to environmental issues.
Section 5. That the Mayor of the City of
3ubuoue is hereby authorized to consem
personally, in his official caoaciry and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities ~n relation to
environmental review, decision-making and
action.
Section 6. That the Mayor of the City of
Dubuque Ge and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review oroceaures.
Passed. approved and adopted this 21~' day of
January 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Regular Session, January 21, 2002 15
Agreement Between the City of Dubuque and
Delta Dental Plan of Iowa: City Manager
recommending approval of the Administrative
Services and Financial Agreement between the
City of Dubuque and Delta Dental Plan of Iowa
for services related to the administration of the
City's dental plan, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Ciine. Motion carded 6-0.
Iowa League of Cities Conference: City
Manager recommending that the City submit a
bid for the Iowa League of Cities Conference
scheduled for 2005 and 2006, presented and
read. Buol moved that the communication be
received and filed and concurred. Seconded by
Cline. Motion carried 6-0.
City Manager recommending approval of
Permit Application to Corps of Engineers for
Dubuque County Historical Socie(y Wetlands
Project, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 6-0.
Business Licenses:
RESOLUTION NO. 21-02
BEER
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 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 applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Dubuque Discount Gas thc Dubuque Discount
Gas+(Sunday Sale) 2175 Central Ave
Hill Street Plaza, Inc. Oky Doky # 8+
(Sunday Sale) 535 Hill St
Iowa Oil Company [CCC Speed Shoppe # 3+
(Sunday Sale) 3200 Central Ave
Express Depot Inc Liquor Depot of Dubuque+
(Sunday Sale) 1620 JFK Rd
Passed, approved and adopted this 21st day of
January 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carded
RESOLUTION NO. 22-02
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas. the Dremises to be occupied by SUCh
applicants were inspected and found to comoly
with the State Laws and all City Ordinances
relevant thereto and they nave 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 namee applicants a Liouor
License.
CLASS"C~ BEER/LIQUOR LICENSE
Town Clock Inn, Inc Town Clock inn
799 Town Clock Plaza
Charles Steffen Tony's Place+
(Sunday Sale) 1701 Central Ave
James W. Goetzinger Goetz's+
(Sunday Sale) 2776 Jackson St.
CLASS "B" 0NB) WINE
Express Depot Inc. Liauor Depot of Dubuque
1620 JFK Rd
Passed, approved and adopted this 21s~ day of
January, 2002.
Ann E. Michalski, Mayor Pra-Tem
Attest: Jeanne F. Schneider. City Clerk
Buol moved adootion of the Resolution.
Seconded by Cline. Motion carried 6-0.
BOARDS/COMMISSIONS
Appointments to the following Boards
Commissions:
HUMAN RIGHTS COMMISSION (Three
vacancies for terms through 1/1/05 - tsrms of
Blau, Determan. ant Sutton). Applicants: Sr.
Codne Murray, PBVM; Lou Oswald; Bill Ross;
Joseph Hopkins.
Vote on the appointments was as follows:
Cline voted for Murray, Oswald and Ross.
Connora voted for Murray, Oswald and Ross.
Markham voted for Murray, Oswald and Ross.
Michalski voted for Murray, Oswald and Ross.
Nicholson voted for Murray, Oswald and Ross.
Buol voted for Murray, Oswald and Ross.
Therefore, Sr. Codne Murray, PBVM, Lou
Oswald, and Bill Ross appointed to three year
terms which will expire 1/1/05
PLUMBING BOARD (Journeyman - Term of
Papin to expire 11/2/03): Applicant: Paul Papin.
Markham moved that Mr. Papin be reappointed
to the Plumbing Bd. to a term to exaira 11/2/03.
Seconded by Nicholson. Motior carded 6-0.
16 Regular Session, January 21, 2002
PUBLIC -IEARINGS
anyone present to aaaress the Councif if they so
desire. Seconded by Cline. Motion carried 6-0.
Loras College - Request [o Amend the D
nstitutiona District: Proof of oublication or
notice of hearing to consider amending the ID
nstitut anal District ocated from Henion Street
to 16~ Street at the request of Loras College to
allow for construction of student apartments and
Zoning Advisory Commission recommending
anDreva presemeo and read. Buol moved that
[ne g'oof anc communication Be received and
filed. Seconded ny Nloholson. Motion carried 6-
An Ordinance Amending Appendix A (the
Zoning Ordinancel of the City of Dubuoue Code
or Ordinances ny prowolng for me amendment
of Ordinance 18-00 eno approving an amended
Camous Develoamem Plan for me LOreS
College ID qstitutiona District. presented anc
reaa.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-02
AN ORDINANCE AMENDING APPENDIX A
{THE ZONING ORDINANCE) OF THE CODE
OF ORDINANCES BY PROVIDING FOR THE
AMENDMENT OF ORDINANCE 18-00 AND
APPROVING AN AMENDED CAMPUS
DEVELOPMENT PLAN FOR THE LOP, AS
COLLEGE ID iNSTITUTIONAL DISTRICT.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Sectlor 1. That Appendix A (the Zoning
Ordinance of the City of Dubuaue Code of
Ordinances aha Ordinance 18-00 be amended
by aeop~mg a revised campus aeve~oDment
man. e cop~ of which is attached to and made a
par~ hereof for the Loras College iD Institutional
District. to wit:
LOt I of Lot 2 of Mineral Lot 90: Lot 2 of
Mineral Lot 91 Lot 1 and Lot 2 of Lores College
Place' Lot 1 and Lot 2 of City Lot 742: Lot 1 Lot
2 and Lot 3 of City Lot 741: Cit~ Lot 714. Lots 20
through and including Lot 33 of Levins Addition:
al of [ne a~ieys in Levins Addition; Lot 15
through aha including Lot 18 of Kringle Addition:
_ots 30 through and including Lot 43 of Yates
Subdivision: Lots 32A. Lot B and Lot C all of
Yates Subdivision: LOt I aha Lot 2 and Lots 12
through and including Lot 15, all of Henion and
3aira Subdivision: W103'-N12'-N34'6"-W105' of
_or 5, S22'6"-N34'6"-W105 of Lot 5. S6'6"-W105'
of Lot 5 W105' of Lot 6 and W105'-N26' of Lot
7. all in Henion and Baird Subdivisior Lots I
through aha including _o[ 8 of Hodgaon
Subdivision Lot A of Hodgaon Subdivision: LO[
820 and Lot 82' of A McDaniels Subdivimon'
the west 53 feet of Lo1 20 of Morgan's
Subdivision. Lot 7, Lot 7A. Lot 8. Lot 2 of Lot 9.
Lot2 of Lot3 and Lot 2 of Lot 4. all of Yates
ane Pickett Subdivision: Lot 2 of Lot 73, Lot 2 of
Lot 74. Lot 2 of Lot 75. Lot 2 of Lot 76. Lot 2 of
Lot 77. Lot 2 of Lot 78. Lot 2 of Lot 79. Lots 71A.
Lots 69 througt~ and including Lot 71. Lots 63
through and including Lot 67. Lot 80 and Lot 2 of
Lot 81A. all of A,P. Woods Addition, and the
alley from Blake Street East exceot the oortion
adjoining Lot 2 of Lot 73 of A.P. Woods Addition
all of Helena Street. all in the City of Dubuque,
iowa.
Section 2. That pursuant to Iowa Code Sectior
414.5(1993) ano as an exnress condition of
amending the Loras College ID Insfitufiona
District. the undersigned property owner(s)
agree(s) to the following conditions, all of which
the property owner(s) further agree(s) are
reasonable and ~mposed [o satisfy the public
needs that are caused directly Dy the zoning
reclassification:
A. Use Requlations
The following regulations shall apply to all
uses mace of land in the above- described iD
Institutional District:
~ ~ Pdnc pal permitted uses shall be limited to:
a'~ Colleges or universities
b) Vocational schools
c] Seminaries
d) Offices for administrative personnel or
other institutional employees and affiliates
e! Churches. libraries and museums
f) Classrooms. aboretodes, lecture halle,
and similar places of institutional
g~ Off-street parking and loading
h) Recreational or athletic facilities for the
primary use and benefit of institutional
residents or affiliates
i) Single-family, bNo-family or multi-family
dwellings for the housing of institutional
residents or affiliates
2~ Accessory uses. The following uses shall be
2ermitted as accessory uses in the above-
described D Institutional District:
aj Located entirely within a principal building,
bookstores or Bars seating not more than
seventy-five (75) persons au one time and
locatea not closer than two hundred feet (200')
from [he nearest Residential or Office
Residential District.
bi All uses customarily incidenta and
subordinate to the principal use it serves but
not to include commercial use outside the
pnnc]pal building.
3) No conditional uses shall be allowed.
B. Lot and Bulk Requlations
Develooment of [ana in the ID Institutional
District shall De amended as follows: The
PrOPOSed Garden Aoartments shall be located in
conformance w~th the attached campus
development plan and all final site develooment
Regular Session, January 21, 2002 17
plans are to be approved in accordance with
provisions of the ID Institutional District
regulations.
C. Performance Standards
The development and maintenance of uses in
this ID Institutional District shall be established
in conformance with Section 3-5.2 of the Zoning
Ordinance and the following standards:
1) New outdoor lighting for the 3roposed
Garden Apartments and reconstructed the
parking lot shall use 72 degree cut-off light
fixtures.
2) Landscaping shall be provided in
compliance with Section 4-4 of the Zoning
Ordinance.
3) All utilities, including telephone and cable
television, shall be installed underground.
4) Final site development plans shall be
submitted in accordance with Section 4.4 of the
Zoning Ordinance.
D. Parkinq Requirements
The off-street parking requirements for the
principal permitted uses for the herein described
ID Institutional Distdct shall be regulated as
follows:
1) That twenty-six (26) spaces shall be
provided in the new parking lot between Binz
Hall and the Garden Apartments.
2) That four (4) additional spaces shall be
provided between Beckman and Binz Hall.
3) That eleven (11) spaces shall be reassigned
from faculty/staff to student parking in the
Hoffman Hall parking lot.
4) A minimum of 1,075 off-street parking
spaces shall be maintained for the Loras
College Institutional District.
5) Any significant expansion or reduction in the
number of off-street parking spaces must be
reviewed by Planning Services staff for
compliance with the adopted thstitutional district
requirements.
E. Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan for development shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the
property owner and/or association.
F. Siqn Requlations
The sign regulations shall be the same as that
which are allowed in the ID Institutional District
as established in Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
1) That all previously approved campus
development plans are hereby amended to allow
for the attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of property in
this ID Institutional District shall include [ne
transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness
of the conditions authorizing the estab]isnmenl
of the district.
I. Modifications
Any modifications of this Ordinance musl be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance,
J. Recordinq
A copy of this ordinance shall be recorded at
the expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as ear[ of this
reclassification approval after the adoption of
this ordinance. This ordinance shale be binding
upon the undersigned and all his/her heirs,
successors and assignees,
Section 3 The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. This ordinance shal! take effect
immediately upon publication, as provided by
law.
Passed. approved and adapted this 21st day
of January, 2002.
Ann E. MichalskL Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
ACCEPTANCE OF ORDINANCE NO. 1-02
I, Joseph F. Gower. President. Loras College,
having read the terms and conditions of the
foregoing Ordinance No 001-02 and being
familiar with the conditions thereof hereby
acceat the same and agree to the conditions
required therein.
Dated this 24th day of January, 2002.
By:/s/Joseph F. Gower
President
Published officially in the Telegraph Herald
newspaper this 1 s~ day of February, 2002.
Jeanne F, Schneider, City Clerk
1 t 2/1
Buol moved ~at the requirement that a
proposed Ordinance be considerap and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended ana further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carded 6-0.
White Street Reconstruction Project: Proofs of
publication on notice of headng on plans and
specifications, and notice to bidders on the
receipt of bids. and City Manager recommending
adoption of the plans and specifications and that
a second public hearing and award of the
contract be scheduled for February 18, 2002:
Communication from Ena :~ae-Lienne Porter,
2268 White Street. expressing concern
regarding the cost of the Improvement:
Communication frorr Brenda Lee Thurston
Burke. objecting to the public improvement
assessment for reconstruction of White Street;
18 Regular Session. January 21, 2002
Communication from Karen M. and Mark J
Kuhle regarding the White Street reconstructior
project; Communication of Ellis Swartz 2665
Jackson Street: Communication of Louise We~u
3103 White Street: ann Communication of
Raymonn O'Br en 2760 Central. objecting to tne
assessmems for the "econsrrucnon ol White
Street presented ann read. Nicholson moved
ina[ me Proofs and communications be receivec
and filed. Seconded by Buol. Motion carried 6-0.
RESOLUTION NO. 23-02
RESOLUTION RESCINDING RESOLUTION
NO. 554-01 AND ADOPTING 11'4 LIEU
THEREOF A NEW SCHEDULE OF
PRELIMINARY ASSESSMENTS FOR WHITE
STREET RECONSTRUCTION - 21ST TO 32ND
STREET PROJECT
Whereas the City Counci~ oassed :~esolut[o~
No 554-01. dated December 17. 2001
aoorowng [ne Preliminary Schedule of
Assessments for the reconstruction ol White
Street - 21s~ to 32~ Street: ano
Whereas t nas Dean determined that the
Schedule of Assessments contained calculation
errors which need to be corrected.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUSUQUE IOWA:
That the following Preliminary Schedule of
Prooosea Assessments. as shown on the
a~[acneo sheets. 1 to 5 inclusive, are hereby
determined [o De the Schedule of Proposed
Assessments for the Feconstruction of White
Street - 21s~ to 32"° Street and the valuations
set herein are hereby approved.
Passed. aDnroved and adopted this 21s' day of
January, 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest Jeanne F Schneider. City Clerk
Nich ~Ison moveo acootion of the :~esolution
Rescinding me preliminary schedule of
assessments anc approving a revised
areliminary schedule of assessments Seconded
ny Buo[ Motion carried 6-0.
RESOLUTION NO. 24-02
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE WHITE
STREET RECONSTRUCTION - 21sT TO 32ND
STREET
Whereas the City Council has proposed a
Resolution of Necessity for the White Street
Reconstruction - 21~ to 32nd Street Project has
given notice of the oublic headng thereon as
reouired By ~aw: anc
Whereas. the PUBLIC hearing has been held. all
3ersons offering objections nave Dean heard
ana consideration g~ven to al objections and is
pending 3efore this Council: and
Whereas. this is [ne time and place set as
Brovided for the taking of action on the proDosec
Resolution of Necessity.
NOW THEREFORE BE T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, OWA:
That the DrODosea Resolution of Necessity
described above is hereby:
Adooted. without amendment, and ail objections
filed or made having Been dully
considered are overruled.
Adopted as amended by the Schedule of
Assessments attached hereto as
Exhibit A, and made a Dart hereof by
reference. Ail objections filed or made
having been duly considered are
overrulea.
x Deferred for ~ater consideration to a Cit~
Council meeting to be held on the
(]ay of February, 2002. next at 6:30
p.~' in the Public L~Drary Auditorium.
with _urisdiction retained for further
consideration and action at the
adjournec meeting.
Abandoned
Passed, adooted and approved this 21s' day of
,January, 2002.
Ann E. Michalski. Mayor Pro-TeE
Attest: Jeanne F. Schneider. City Clerk
Nicholson moved adoption with the Resolution
resoect to the adoption of the Resolution of
Necessity proposed for the White Street
Reconstruction Project (with Option Three}.
Seconded by Buol. Motion carried 6-0.
515 Garfield Avenue - Request to Rezone:
Proof of publication on notice of hearing to
consider rezoning property located at 515
Garfield Avenue from R-2A Alternate Two-
Family Residential 3istdct to OR Office
Residential District as reauested by Scott Potter
and Zoning Advisory Commissior
recommena~ng aDoroval, presented and reaa
Markham movea tna~ ~ne croof ant
communication be received and filed. Secondec
by Cline. Motion carried
Scott Potter 17121 Freune Rd.. saoKe in favor
of the proeosed rezoning.
An Ordinance Amending Appendix A fthe
Zoning Ordinance~ of the City of Dubucue Code
of Ordinances by reclassifying hereinafter
described proper~y located at 515 Garfield
Avenue from R-2A Alternate Two-Family
Residential Distdct to OR Office Residential
District. presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
Regular Session, January 21, 2002 19
BED PROPERTY LOCATED AT 515
GARFIELD AVENUE FROM R-2A
ALTERNATE TVVO-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDENTIAL.
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 R-2A
Alternate Two-Family Residential District to OR
Office Residential District, to wit: Lot 1 of Lot 2 of
Lot 3 Mineral Lot 113A and Lot 1 of Lot 2 of Lot
2 Mineral Lot 113A, and to the centerline of the
adjoining public fight-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 t~ke effect
immediately upon publication, as provided by-
law.
Passed, approved and adopted this 21st day
of January, 2002~
Ann E. Micha[ski, Mayor Pro-Tam
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28th day of January, 2002.
Jeanne F. Schneider, City Clerk
It 1/28
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 CIine. Motion carded 6-0.
Holliday Ddve - Request to Amend the
Planned Unit Development: Proof of publication
on notice of headng to consider amending the
Planned Unit Development at the southwest
corner of Asbury Road and Holfiday Ddve as
requested by A.J. Spiegel and Dr. Timothy
Quagliano and Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Nicholson.
Motion carded 6-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by repealing Section 2(C)(2} of
Ordinance No. 15-99 and enacting a new
Section 2(C)(2) in lieu thereof pertaining to
access requirements of the PC Planned Unit
Commercial District for QHQ Properties,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE1 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY
REPEALING SECTION 2(C)(2) OF
ORDINANCE NO. 15-99 AND ENACTING A
NEW SECTION 2(C)(2) IN LIEU THEREOF
PERTAINING TO ACCESS REQUIREMENTS
OF THE PC PLANNED COMMERCIAL
DISTRICT FOR QHQ PROPERTIES.
Whereas, Ordinance No. 15-99 was adopted
on November 1, 1999, by the City Council
establishing the PC Planned Commercial Distdct
for QHQ Properties. and
Whereas, QHQ Properties. inc. nas requested
an amendment to the PUD Ordinance regulating
access requirements in the PC Planned
Commercial District for QHQ ProPerties.
NOW, THEREFORE BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) is hereby amended by repealieg
Section 2(C)(2) of Ordinance No. 15-99 and
enacting a new Section 2(C)(2) in lieu thereof,
as follows:
2(C)(2) The first public street shall be
constructed concurrent with the develoement of
Lots 1,2 and 3.
Section 2. The foregoing amendmenl has
heretofore been rewewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided Dy
Jaw.
Passed, approved and adoated this 21st day
of January, 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 3-02
I, Dr. Timothy Quagliano, representing QHQ
Properties, pmper~y owner, having read the
terms and conditions of the Ordinance No. 003-
02 and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated this 21st day of January, 2002.
/s/Dr. Timothy Quagliano
Published officially in the Telegraph Herald
newspaper this 4'n day of February, 2002,
Jeanne F. Schneider. City Clerk
lt2/4
Buol moved that [he requiremen[ 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 eno passage of the Ordinance.
Seconded by Nicholson. Motion carded 6-0.
20 Regular Session, January 21. 2002
Dubuque Jaycees/Peosta Channel Trail
Project Proofs of publication on notice of
nearing on D~ans ano seecifications ano nobce
to bidders on the 'ocelot of bids and City
Manager recommending that the City proceed
w~tr the project, presenteo ano road. Nicholson
movec that the erects ana communicatior De
receweo ano filed. Seconded oy Cline. Motion
carried 6-0,
RESOLUTION NO. 25-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas. on the 20th da/of December. 2001
elans specifications form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Dubuque Jaycees/Peosta
Channel Trail Project.
Whereas. notice of nearing on Dlans
specifications form of contract, and estimateo
cost was published as required by law,
NOW THEREFORE. BE IT RESOLVED BY
THE CITv COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the said alans, specifications form of
contract and esbmated cost are hereby
aDeroveo as the plans, seecifications, form of
contract ano estimated cost for sa~d
improvements for said proiect.
Passed approved and adoDteo this 21st day of
January, 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Cline. Motion carded 6-0.
Por~ of Dubuque Utility Relocation and
Extension Project: Proofs of aublication on
notice of heanng on Blahs aha specifications
aha nonce to bidders on the receipt of bids, aha
City Manager recommending award of the
contract for me Pod of Dubuque Utility
Relocation aha Extension Project to Fischer
Excavating, inc.. in the amount of $908,591.98.
presented and read. ~4arkham moved that the
proofs and communication be received and filed.
Seconded by Nicholson. Motion carried 6-0,
Rod Tschiggfrie 4105 Thunder Ridge Rd. of
Tschiggfrie Excavating Co.. spoke of concerns
with me D~a letting aha stated clarification is
necessary n the bid specs ano that the Vision
Iowa Funds shou~o ee meant for Iowa.
Wayne Fischer of Fischer Excavating, sooke
stressing he is a responsible contractor, and that
their subcontractors are from Iowa,
City Manager Van ~4illigen seoke stating that
no Visior Iowa money is being usea q this
project.
RESOLUTION NO. 26-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas. on the 12~" day of December. 2001.
plans, specifications form of contract and
estimated cost were filed witl' the City Clerk of
Dubuque, ~owa for the Port of Duouque Utility
Relocation and Extension Pro. oct - Phase Il.
Whereas. notice of hearing on plans
specifications form of contract, and estimated
cost was published as required by law.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE. IOWA:
That the said plans, seecifications, form of
contract aha estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed. approvea and adopted this 21s, day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Markham moved aaoption of the Resolution,
Seconded ay Nicholson. Motion carried 6-0.
RESOLUTION NO. 27-02
AWARDING CONTRACT
Whereas sea,aa proposals nave been
SUDmI'EeQ by contractors for Port of Dubuque
Utility Relocation and Extension Project- Phase
II, pursuant to Resolution No. 561-0' and notice
to bidders oublished in a newspaper published
in the City of Dubuque, Iowa on the 21s' day of
December. 2001.
Whereas said sealed proposals were ooeoed
aha read on the 10th day of January, 2002. and
it nas been determined that the bid of Fischer
Excavating, Inc. of Freeport. Illinois. ir the
amount of $908.591.98 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the clans
and specifications.
NOW THEREFORE. BE T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the contract for the above improvement
be awarded to Fischer Excavating, loc. and the
Manager be and is hereby directed to execute a
contract on behalf of the City. of Dubuque for the
complete performance of the work. BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approve of the contractor's bond the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed. approved and adonted this 21s' day of
January, 2002.
Ann E. Michalski. Mayor Pro-TCm
Attest: Jeanne F. Schneider. City Clerk
Markham move(] adoption of the Resolution.
Seconded b} Nicholson Motion carded 6-0.
Watermain and Road Extension from
Chavenelle Road at Radforc Road to the
Regular Session, January 21, 2002 21
industrial Park: Proof of publication on notice of
hearing to consider approving a proposed public
improvement project to construct the Chavenelle
Road watermain extension and to acquire
property for the extension of Chavenelle Road,
and to acquire agricultural land for the project
and City Manager recommending adoption of
the resolution approving construction of the
Chavenelle Road watermain extension and
acquisition of property for the extension through
condemnation if necessary, presented and read.
Markham moved that the proof and
communication be received and filed. Seconded
by Buol. Motion carded 6-0.
RESOLUTION NO. 28-02
RESOLUTION APPROVING A PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT
THE CHAVENELLE ROAD WATERMAIN
EXTENSION, TO ACQUIRE PROPERTY FOR
THE EXTENSION OF CHAVENELLE ROAD,
AND TO ACQUIRE AGRICULTURAL LAND
FOR THE PROJECT
Whereas, the City Council of the City of
Dubuque has considered a proposed public
improvement project to construct the Chavenelle
Road Watermain Extension and to acquire
property for the extension of Chaveneile Road;
and
Whereas, the proposed project may require
the acquisition of agdcoltut'a] land by
condemnation; and
Whereas, Iowa Code Chapter 6B requires the
City to set a time and place for a public hearing
on the proposed project and to provide notice to
each owner of such agdcoItural land that may be
the subject of condemnation; and
Whereas, a public hearing was held on
January 21, 2002, after notice thereto of the
owners of such land.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City Council hereby approves
the public improvement project to construct the
Chavenelle Road Watermain Extension and to
acquire land for the extension of Chavenelle
Road through a portion of the NW ¼ SW ¼ Sec.
29 89N R2E 5~h P.M.
Section 2. That the Corporation Counsel and
the City Manager are hereby authorized to
acquire the property for the construction of the
project, including acquisition of the land by
condemnation, if necessary.
Passed, approved and adopted this 2¢t day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by BuoL Motion carried 6-0.
Planned Unit Development District - Text
Amendment: Proof of publicatior on notice of
hearing to consider an amendment to Section 3-
5.5(B) Planned Unit Development of the City of
Dubuque Code of Ordinances as requested by
the City of Dubuque and Zoning Advisory
Commission recommending approval, presented
and read. [3uol moved that the proof and
communication be received and filed. Seoondec
by Cline. Motion cardeo 6-0.
An Ordinance Amending Appendix A {the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by repealing Section 3~5.5fB) and
adopting a new Section 3-5.5(b) in lieu thereof
per[aining to general requirements of Planned
Unit Developments. oresented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 3-5.5(B) AND
ADOPTING A NEW SECTION 3-5.5(B) IN LIEU
THEREOF PERTAINING TO GENERAL
REQUIREMENTS OF PLANNED UNIT
DEVELOPMENTS.
Whereas, the City Council established the
Planned Unit Development (PUD) District to
encourage flexible and innovative design: and
Whereas, the City Council finds that requinng
common ownership in a PUD is inconsistent with
the general purpose of intent of this district.
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 repealing Section 3-5.5(B)
and adopting the following new Section 3-5.5(B)
in lieu thereof:
General Requirements: A PUD may be
established on any pamel over two (2) acres for
residential, office, commemia] or industrial
development. A PUD is required for all
department stores over sixty thousand (60,000)
square feet of building area, regional shopping
centers, ali muJti-family structures over twelve
(12) units per building, and for all new industhal
parks and all new office parks. The City of
Dubuque may reouest or require a PUD
classification.
Such PUD distdct designation(s) shall be
shown on the official zoning map as a P followed
by a letter designating the primary use. C
(Commercial), O (Office}, (Industrial) or R
(Residential): therefore, snowing a PR. PO, PI or
PC designation.
Section 2. This ordinance nas heretofore oeen
reviewed by the Zoning Advisory Commission of
the City of Dubueue. Iowa.
22 Regular Session, January 21,2002
Section 3. This ordinance shall take effect
immediate y upon publication, as provided dy
Passed aBE 'oved and adopted this 21st day
of January, 2002
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider City Clerk
Published officially r [ne Telegraph mera~c
newseaeer this 28~ da) of January, 2002.
Jeanne F. Schneider. City Clerk
It 1/28
Buol movec thai tne requirement that a
eroposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
me meepng at which it is to be finally passed be
suspended and further moved final
consideraeon and passage of [he Ordinance.
Seconded by Cline. Motion carried 6-0.
Buol moved that the rules be reinstated limiting
d~scusslon [o [ne Council. Seconded ey Cline.
Motion carried 6-0.
ACTION TEMS
Greater Dubuque Develooment Corporation:
Rick Dickinson Executive Director of GDDC. to
Dresere [neff euarzer y repor[ - this item
removed from the Agenaa.
mousing Authority Governing Board: City
Manager recommending approval of an
amendment to the Code of Ordinances to create
a municipal housing agency governing 3card for
administration of the City's federal Section 8
rental assistance 3rogram, presented and read.
Buol movee that the communication be received
and filed. Seconded Dy Markham. Motion carried
6-0.
An Ordinance Amending Chapter 15.
Community Development. of the City of
Dubuque Code of Ordinances by repealing
Article I Low-Renl Housing, Division
Generally, Section 15-11. Designabon of
Mun~ciDa Housing Agenc'~ one adopting a new
Article MuniciPal Housing Powers. Division 1
Municipal Housing Agency, Section 15-11
Municlpa Housing Agency ane Governing
Board: and by repealing Section 15-12. Housing
Program Supervisor eresentee and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 5-02
AN ORDINANCE AMENDING CHAPTER 15,
COMMUNITY DEVELOPMENT, OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING ARTICLE II, LOW-RENT
HOUSING, DIVISION I. GENERALLY,
SECTION 15-11 DESIGNATION OF
MUNICIPAL HOUSING AGENCY. AND
ADOPTING A NEW ARTICLE II MUNICIPAL
HOUSING POWERS, DIVISION 1, MUNICIPAL
HOUSING AGENCY, SECTION 15-11
MUNICIPAL HOUSING AGENCY AND
GOVERNING BOARD; .AND BY REPEALING
SECTION 15-12, HOUSING PROGRAM
SUPERVISOR.
Now. therefore be I1 enactea by the City
Council of the City of Dubuque, Iowa as follows:
Section 1 ARTICLE 11. :)ivision 1 Sections
"~ and 15-12 of Chapter 15 of the City of
Dubuaue Code of Ordinances are nereDy
repealed and the following new article, division
and sections are adopted:
ARTICLE I[. MUNICIPAL HOUSING POWERS
DIVISION 1. MUNICIPAL HOUSING AGENCY
Sec, 15-11 Vlunicipal housing agency aha
governing board:
(a) The City Council has determined it to be in
[he eublic interest for the city to directly exercise
its municioal housing powers under Iowa Code
qnaater 403A. The city is the designated
municipal housing agency for the city and shall
exercise all the dowers as are provided for in
Iowa Code chapter 403A. The governing body of
[he municipal housing agency shal be the
municipa housing governing board, referred to
in this cnaDter as the "governing board",
consisting of the City Council and one member
aDDointed as orovided n paragraph (b). The
governing board shal comply with the
procedural rules of the City Council and shall
have final .urisdiction over all matters of the
municipal housing agency. The City Manager is
authorized to direcl administer, aha manage the
agency through the Department of Housing and
Community Development.
(b) The appointed member of the governing
beard shall De the member of the Housing
Commission appointed pumuant to Section 15-
23(e).
(c) The Mayor shall preside at all meetings of
[he governing board aha shat execute
agreements, deeds aha other documents as
Mayor of the City of Dubuque.
Section. 2. This ordinance shall be in full force
aha effect from aha after its passage and
publication as 3rovided by law.
Passec approved and adopted this 21s, day of
January 2002.
Ann E MichalskL Mayor Pro-Team
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28~h day of January, 2002.
Jeanne F. Schneider, City Clerk
It 1/28
Buol moved that the requirement that a
pmposea Ordinance be considerea and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended ana further moved final
consideration ant passage of [he Ordinance.
Seconded by Markham. Motion carded 6-0.
Regular Session, January 21, 2002 23
Comprehensive Annual Financial Report
(CAFR): City Manager submitting the Fiscal
Year 2001 Comprehensive Annual Financial
Report (CAFR), Parking Facilities Financial
Statements, Management Letter and Response
to Management Letter, presented and read.
Cline moved that the communication be
received and filed. Seconded by Duel. Motion
carried 5-0 with Nicholson temporarily out of the
Chambers.
Sunset Ridge: Communication from Douglas
Henry requesting that Sunset Ridge be declared
a public street and related correspondence,
presented and read.
Attorney Doug Henry, 151 W. 8th St,, speaking
on behalf of several property owners, requested
that this street be declared a public City street.
Cline moved to receive and file the
communication. Seconded by Nicholson. Motion
passed 6-0.
Markham moved that Sunset Ridge be
accepted as a public street and incorporated
within the City. Seconded by Buck Vote on the
motion was as follows: Yeas-Duct, Markham.
Nays-Cline, Conners, Micha[ski, Nicholson.
Motion Failed.
Nicholson moved to direct Corporation
Counsel to negotiate a fifty/fifty spilt of
reconstruction cost with property owners if the
City were to accept the street as a public street
and if this was not successful, to take the matter
to District Court for a decision. Motion died due
to lack of a second.
Cline moved to refer the matter to staff. Motion
died due to lack of a second.
Markham moved to table the matter.
Seconded by Duel. Vote on the motion was as
follows: Yeas--Duel, Cline, Conners, Michalski,
Markham. Nays-Nicholson. Motion passed 5-1.
Way-Finding Signage: City Manager
recommending approval of the Way-Finding
Signage Task Force recommendations with
modifications, presented and read. Nicholson
moved that the communication be received and
filed and recommended approval of the Task
Force's recommendation as to the "Grandview
District" rather than the alternate "College
District." Seconded by Bec[. Carded by the
following vote: Yeas--Conners, Markham,
Michalski, Nicholson, Duel. Nays-Cline.
National League of Cities: Communication
from the National League of Cities appointing
Council Member Dan Nicholson to the 2002
Information Technology and Communications
Steering Committee and requesting that he
accept the appointment, presented and read.
Duo! moved that the communication be received
and filed and approved the appointment.
Seconded by Conners. Motion carried 6-0.
iowa League of Cities: Communication from
Iowa League of Cities appointing Council
Member Patdcia Cline to serve as one of Iowa's
representatives on the Public Safety and Cdme
Prevention Policy Committee, oresented and
read. Duel moved that the communication De
received and filed and approved the
appointment. Secondee Dy Conners. Motion
carried 6-0.
Rail Feasibility Study: City Manager
recommending that s 9or~on of Fiscal Year
2002 funds programmed Dy Keyline Transit as
the local match for trolley vehicles be redirected
as the matching funds for the Rail Feasibility
Study, which has been approved for funding by
Congress, presented and read. Cline moved that
the communication be received and filed and
approved the recommendation. Seconded by
Nicholson. Motion carried 6-0.
Fiscal Year 2003 Operating Budget and
Capital Improvement Program: City Manager
presenting the Fiscal Year 2003 Operating
Budget and Capital Imorovement Program.
presented and read. Cline movee that the
communication be received and filed. Seconded
by Nicholson. Motion carried
COUNCIL MEMBER REPORTS
Markham requested an update on the hidng of
a Library Director.
ITEMS TO BE SET FOR PUBLIC HEARING
Bond Sale to Support Main Street
Reconstruction Project: City Manager
recommending that a public hearing be set for
Monday, February 4, 2002 to consider the sale
of $1,000,000 General Obligation Bonds. Sedes
2002, presented and read. Duel moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
RESOLUTION NO. 29-02
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $1,000,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF DUBUQUE.
IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable
that the City of Dubuque, Iowa. should ~ssue
General Obligation Bonds to the amount of not
to exceed $t,000,000 as authorized by Section
384.25 of the City Code of Iowa, for the purpose
of providing funds to pay costs of carrying out an
24 Regular Session, January 21 2002
essentia, coraora[e purpose project as
hereinafter described: aha
Whereas before Said bonds may be issued, it
is necessar~ to COmDI~ with the ProvIsIOnS Of
sa~o Code aha to Dublist~ a noaoe of [ne
eroDosa~ to issue such DOR(]S and of the time
and place of the meeting at which the Council
proposes to take action for the issuance of the
obiections from any resident or property owner
of said City To SUCh action.
NOW THEREFORE BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF ~UBUQUE.
OWA
Section 1. That this Council 'neet in [he
Auditorium. Carnegie Stout Public Library
Dubu(~ue Iowa. at 6:30 o'clock P.M. on the 21~
aay of January. 2002. for the purpose of taking
action on me matter of the ssuance of not to
exceee $1.000.000 General Obligation Bonds
for an essential coroora[e purpose of said City,
[ne Droceeas of which bonds wil De used tO
provide funds to pay costs of construction and
reconstruction of street, sidewalk. Jtility and
s[reemcape improvements relabng to the
opening of Main Street from 5~n to 9~n Streets.
Section 2. That [ne Clerk is nereny o~recteo [o
cause a[ least one oublioation to be made of a
qo[~ce of said meeting, in a legal newspaper,
DnnteD wnoll~ ~r [ne EngJish language,
c Jblished at least once weekly and having
general circulation in said City.. said oublication
[o Be no[ less [nan four clear days nor more than
twenty days before the date of said public
meeting on the issuance of said bonds.
Section 3. The notice of the proposeo action to
~ssue said bonds shall ~e in substantially the
following form:
NOTICE OF MEETING OF THE COUNCIL OF
THE CiTY OF DUBUQUE. IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $1.000.000 GENERAL
OBLIGATIOI~ BONDS [FOR AN ESSENTIAL
CORPORATE PURPOSE} OF SAID CITY. AND
THE HEARING ON THE ISSUANCE THEREOF
PUBLIC ~OTICE is hereby g~ven that the
Council of the City of Dubuque, ~owa. will hold a
aua~c neanng on the 4th day of February, 2002,
at 6:30 o clock P.M. in the Auditorium. Carnegie
Stout Public L~Drary, Dubuque, Iowa. at which
meeting the Council Droaoses to take additional
acbon for the issuance of not to excee(~
$1.000.000 General Obligation Bonds for an
essenua~ corporate purpose of said City, in crept
[o provide funds [o pay costs of construction and
reconstruction of street, sidewalk utility and
s[reetscape improvements relating [o the
opening of Main Street from 5 to 9 Streets.
At the above meeting the Council shall receive
ora~ or written objections from any resident or
property owner of said City, to the above action
After al objections have been received anc
considered, me Council will at this meeting or at
any adjournment thereof, take additional action
for the issuance of said bonos or will abandon
tne proposal to issue said Donas.
This notice is g~ven Dy order of the Council of
Dubuque, Iowa. as provided Dy Section 384,25
of the Cit~ Code of Iowa.
Dated this 21s' day of January, 2002.
/s/Jeanne F. Schneider. City Clerk of Dubuque,
iowa
(End of Notice)
Passed. approved ano aoopted this 21"' day of
January, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution and
further set this for Public Hearing on 2/4/02 at
6:30 P.M. in the public library auditorium one
that the City Clerk publish notice in the manner
3rescribed By law.. Seconded by Nicholson.
Motion carried 6-0,
Downtowr Urban Renewal: City Manager
recommending adoat~on of a Resolution of
Necessity finding that an Amendment to the
Urban Renewa Plan for the Downtown Urban
Renewal Distdct s necessary and setting a
public neanng for April 1. 2002. presented and
FeaQ. ~UOI moved mat the communication De
receivec and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 30-02
A RESOLUTION OF NECESSITY FINDING
THAT THE EXPANSION OF THE DOWNTOWN
DUBUQUE URBAN RENEWAL DISTRICT IS
AN AREA MEETING THE DEFINITIONS OF
BLIGHT AND ECONOMIC DEVELOPMENT
AND THAT DEVELOPMENT OF SAID AREA
IS NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY'OF DUBUQUE,
IOWA.
Whereas the City Council of ti~e City o~
Dubuque has determined that the fur[her
expansion of [ne Downtown Dubuque Urban
Renewa District will provide redeveloemen~
opportunities which will further [ne purposes ano
objecbves of the Downtown Dubuoue Urban
Renewal Plan: and
Whereas. the City Council has found that the
proposed expansion area meets the definition of
an economic development ares as found in
Chapter 403 "Urban Renewal" of the Iowa Code:
eno
Whereas. Chapter 403 of the Iowa Code
requires that before urban renewal authority may
be exercised, a City Council 'nust adopt a
resolution of necessity finding that the area in
auest~on is 8 slum. blighted or economic
develooment area. and that so designating SUCh
area ~s aecessary in the interest of the public
Regular Session, January 21, 2002 25
health, safety or werfare of the residents of the
municipality.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described area,
which is proposed to be added to the Downtown
Dubuque Urban Renewal District, is an
economic development area as defined by
Chapter 403 of the Iowa Code and is
appropriate for an urban renewal project, to wit:
Commencing as a point of reference at the
intersection of the centerline of 9th Street with
Locust Street, said point being the point of
beginning: thence northwesterly along the
cantedine of Locust Street to the centedine of
14th Street; thence northeastedy along the
centedine of 14~h Street to the centedine of
Central Avenue; thence southeasterly along the
centedine of Central Avenue to the centar[ine of
10th Street; thence southwesterly along the
northerly boundary of the existing Downtown
Dubuque Urban Renewal District to the point of
beginning, containing'30 abres more or less; all
located in Section 25, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa
and including any adjoining public right-of-way
(hereinafter, the "Expansion Area").
Section 2. That the development of the
Expansion Area is necessary and appropriate to
facilitate the proper growth and development of
the community in accordance with sound
planning and local community objectives.
Section 3. That the City Manager is authorized
and directed to prepare an Amended and
Restated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District, to forward
said Plan to the City's Long Range Planning
Commission for review and comment and to
begin the consultation process required by law
with affected taxing entities.
Section 4. That the City Clerk is directed to
publish notice of a public headng on the
adoption of an Amended and Restated Urban
Renewal Plan for the Downtown Dubuque Urban
Renewal District to be held on April 1, 2002 at
6:30 p.m. in the Carnegie-Stout Public Library
Auditorium, 11th and Bluff Streets, Dubuque,
Iowa 52001 and that said notice shall generally
identify the area covered by the Amended and
Restated Plan and the general scope of the
Amended and Restated Plan and the activities
planned for such areas.
Section 5. That the City Clerk is further
directed to send by ordinary mai] a copy of said
notice of public hearing to the Dubuque
Community School District, the County Board of
Supervisors and the Northeast Iowa Community
College, as the affected taxing entities.
Passed, approved and adopted this 21st day of
January, 2002.
Ann E. Michalski, Mayor Pro~Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further set this for Public Hearing on 4/'1/02 at
6:30 P.M. in the public library auditorium and
that the City Clerk publish notice in the manner
prescdbed by law. Seconded by Nicholson.
Motion carded 6-0.
Rezoning Request of Dennis and Lori Anseh
City Manager recommending that the public
headng to consider the rezoning request of
Dennis and Lcd Ansel, which was tabled on
October 16, 2000, be reset for hearing on
February 4, 2002, presented and read. Buol
moved that the communication be received and
filed and set this for Public Hearing on 2/4/02 at
6:30 P.M. in the public library auditedum and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Nicholson.
Motion carded 6-0.
Hazard Mitigation Plan Task Force: City
Manager recommending that a public hearing be
set for February 4, 2002 to consider the City's
Hazard Mitigation Plan as developed by the
Hazard Mitigation Plan Task Force, presented
and read. Buol moved that the communication
be received and filed and set for Public Hearing
on 2/4/02 at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Nicholsoo. Motion carried 6-0.
Cottingham and Butler - Irrevocable License:
City Manager recommending that a public
hearing be set for February 4, 2002 to consider
disposing of City-owned property to Cottingham
and Butler to construct an unaerground tunnel
the public right-of-way from their current building
to their buildings at 823 and 835 Main Street,
presented and read. Buol moved thal the
communication be received and filed. Seconded
by Nicholson. Motion carried
RESOLUTION NO. 31-02
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN A PORTION OF MAIN
STREET BETWEEN 8TM & 9TM STREETS IN
THE CITY OF DUBUQUE, IOWA
Whereas, Co~ngham & Bufier. Inc. desires to
construct an underground tunnel between its two
building locations from 151 West 8th Street to
823 and 835 Main Street: and
Whereas, p~ans have been submitted to the
City by Straka-Johnson Architects. PC. and
have been approved Dy the Building Services
Department and the City Engineering Division;
and
Whereas, the City Councii of [he City of
Dubuque, Iowa, has determined that this
underground portion of Main Street is not
required for public use, and the request for an
26 Regular Session, January 21, 2002
easement for construction of sale tunnel should
De aDDroved.
NOW THEREFORE. BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That me City of Dubuaue.
intends To issue a DermanenT easement [o
Cottingnam & Butler. Inc. for the construction of
a new tunne unaer Main Street from 151 West
8~ Street to 823 and 835 Main Street
Sectior 2. That [ne conveyance of the
easement [o Cottingham & Butler Inc. De
con]:mgem UDOn the payment of one dollar
($I.00), plus platting, publication, and filing fees.
Section 3. That the City of Dubuque reserves
unto itself the eereetual right for the eurpose of
erecting [nstaJlin§, constructing, reconstructing,
maintaining, 'eea~ring, owning, operating aha
repamng water, sewer, drainage, gas,
telephone, t.v.. cable, and eJectrical lines above
or Deiow said tunnel as such utilities may De
authorized by the City of Dubuaue and as woulc
not interfere with the existence of the tunnel.
Section 4. That the City Clerk be and is hereby
authorized and directed To cause a Notice of
Intent ]:o dispose of said real esTaTe by
irrevocable License to De ouDiisnea n ]:ne
manner as described b~, law.
Passed. approved and adoD[ea this 21s' day of
January, 2002
Ann E Michalski. Mayor Pro Tom
Attest: Jeanne F. Schneider. City Clerk
Buol movec adopbon of Tne Resolution aha
fur[her set this for Public Headng on 2/4/02 at
6:30 P.M. in [ne public library auditorium aha
that the City Clerk publish notice in the manner
arescribed by law. Seconded ay Nicholson.
Motion carried 6-0.
PUBLIC INPUT
:~ichard Kieffer. 2260 White St.. spoke of
difficulty getting through the non-emergency
Dnone numbers at the Dispatch Center.
There being no further business Buol movec
to adjourn. Seconded by Cline. Motion carried 6-
0. The meeting aojoumed at 9:04.
It 1/30
/s/Jeanne F. Schneider
Cit~ Clerk
Approved: May 20, 2002
Adopted: May 20, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Patricia Cline
/s/ Ann E. Michalski
/s/ Joyce Connors
/s/ John H. Markham
/s/ Roy D. Buol
/s/ Dan Nicholson
Council Members
Attest:
/s/ Karen M. Chesterman
Deputy City Clerk
Council Members