Council Proceed February 02Special Session, February 4, 2002 27
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session, February 4.
2002
Council met for Dinner at 4:30 P.M. in the
Second Floor Library Rotunda
Council met in Special Session at 5:00 P.M. in
the Third Floor Library Auditorium
Present: Mayor Duggan, Council Members
Buo[, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Miiligen,
Corporation Counsel Barry LindahL
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing Port of Dubuque
Design Standards.
City Staff presented various aspecm of the
design standards. Bob Kost of URS/BRW and
Anne Ricker of Leland Consulting spoke
reviewing the Design Standard booklet for the
Port of Dubuque.
Specifics concerning the correct name for the
Education and Conference Center, the 10 story
height, and details of landscaping, snow//
removal, signage and parking were discussed.
There being no further business, Cline moved
to adjoum. Seconded by Buol. Motion carried
7-0. The meeting adjourned at 6:28 P.M.
2002
2002
/
,d~;ity Clerk
Is/Jeanne F. Schneider, CMC
City Clerk
It 2/13
Approved July 1, 2002
Adopted July 1, 2002
/s/ TErrance M. Duggan
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jeanne F. Schneider
28 Regular Session, February 4, 2002
DUBUQUE
ClTY COUNClL
OFFICIAL
PROCEEDINGS
City Counci Regular Session. February 4,
2002
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connom, Markham, Michalski,
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 properly, come before the Council.
Invocation was given by Deacon Paul Peckosh
of St. Raphael's Cathedral.
CONSENT ITEMS
Minutes Submitted: Building Code Board of
Appeals of 1/17: City Council of 1/21; Electrical
Code Board of 1/14; Five Flags Commission of
1/14; Historic Preservation Commission of 1/17;
Housing Commission Trusl Func of 1/24;
Human Rights Commission of 11/5/01 and
12/10/01; Investment Oversight Commission of
1/17; Park and Recreation Commission of 12/11;
Transit Board of 1/10; Zoning Board of
Adjustment of 1/24. presented and read. Buol
moved [hat the minutes be received and flied.
Seconded by Markham. Motion carded 7~0.
Proof of publication of City Council
proceedings of 12/27 and 1/7; proof ol
publication of list of claims and summary of
revenues for the month ending November 30,
2001, presented and read. Buol moved that the
proofs be received and tiled. Seconded by
Markham. Motion carded 7-0.
investment Oversight Commission submitting
their 35~ quarterly report, presented and read.
Buol moved that the communication be received
and flied. Seconded by Markham. Motion carried
7'-0.
Substance Abuse Services Center Second
Quarter Report for Fiscal Year 2002, presented
and read. Buol moved that the communication
be received and filed. Seconded by ~4arkham,
Motion carried 7-0.
Notice of Claims/Suits: Frederick D. White in
undetermined amount for proper~ aamage,
presented and read. Buol moved that the claim
be referred [o the Legal Staff for investigation
and reoort. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel advising that the
following claims have been referred to ~ublic
Entity Risk Services of Iowa. the agent for the
Iowa Communities Assurance Pool: Farm
Bureau Mutual Insurance for vehicle
damage/personal injury and Carol Ernst for
vehicle damage, presented and read. Buol
moved that the communication be received and
filed ann concurred. Seconded by Markham.
Motion carried 7-0,
Corporation Counsel recommending
settlement of the claim of David P. Draper for
vehicle damage in the amount of $629.04 and
that the Finance Director be directed to ~ssue
payment, presented and read. Buo[ moved that
the communication be received and filed and
concurred and Finance Director to issue proper
check. Seconded by Markham. Motion carried 7-
0.
Highway 20 Landscaping Project
Agreement for STP Funding: City Manager
recommending approval of an agreement with
the owa Department of Transportation for
Phase I[ of the Highway 20 landscaping project
in the amount of $100,000, presented and read.
Buol moved that the communication be received
and tiled. Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 32-02
APPROVAL OF AGREEMENT
FOR STP FUNDING
BE T RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
That the agreement for STP Funding with the
iowa Department of Transaortation for $100,000
to be used on Phase II of the Highway 20
Landscaping Project is approved and the Mayor
is authorized to sign the agreement.
Passed, approved and adopted this 4'~ day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
2001 Certified Local Government (CLG)
Annual Report: City Manager submitting the
2001 Certified Local Government (CLG) Annual
Report as required by [he State Historical
Society, presented and read. Buol moved that
the communication be received and tiled.
Seconded by Markham. Motion carded 7-0.
2001 Curb Ramp Installation - CDBG No. 2
Project Accep[ance: City Manager
recommending acceptance of the 2001 Curb
Regular Session, February 4, 2002 29
Ramp Installation - CDBG No. 2 Project in the
final contract amount of $19,346.59 as
completed by Superior Construction. presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 33-02
ACCEPTING IMPROVEMENT
Whereas. the contract for the 2001 Curb Ramp
installation - CDBG No. 2 Project has been
completed and the Cit~ 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 eno that said
improvement be and [he 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 2002
Community Development Block Grant Funds in
amount equal to the amount of his contract, less
any retained pemectage provided for therein.
Passed. approved and adopted this 4~n day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cit~ Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carded 7-0.
RESOLUTION NO. 34-02
FINAL ESTIMATE
Whereas. the contract for the 2001 Curb Ramp
Installation - CDBG No. 2 Project has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cos~ of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the cost of said improvements
is hereby determined to be $19,346.59 and the
said amount shall be paid from the Fiscal Year
2002 Community Development Block Grant
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 4TM day of
February, 2002.
Terrance M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carded 7.0.
Locust Street Connector: City Manager
recommending approval of a cooperative
agreemen[ between the City and [he iowa
Department of Transportation for reconstruction
of the Locust Street and the Locust Street
Connector intemectio~, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 35-02
RESOLUTION APPROVING COOPERATIVE
AGREEMENT BETWEEN THE IOWA
DEPARTMENT OF TRANSPORTATION (IDOT)
AND THE CITY OF DUBUQUE RELATING TO
THE RECONSTRUCTION OF LOCUST
STREET AND THE LOCUST STREET
CONNECTOR
Whereas, [he Iowa Department of
Transportation and the City of Dubuque are
proposing to reconstruct the southeast corner of
the intersection of Locust Street and the Locust
Street Connector; and
Whereas, Agreement No. 6-01-USTEP-20 with
the Iowa Department of Transportation outlines
the responsibilities of IDOT and the City relating
to the construction project anC ~roviding for
Urban State Traffic Engineering Program (U-
STEP) cost participation in the project; and
Whereas, the City of Dubuque approves the
terms and conditions of said cooperative
agreement,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement No. 6-01-
USTEP-20 consisting of an agreement for the
reconstruction of the southeast comer of the
intersection of Locust Street and the Locust
Street Connector.
Section 2. That the Mayor be authorized and
directed to execute two copies of this agreement
and forward the executed copies [o the Iowa
Department of Transportation for their a,Pu~proval,
Passed, approved and adopted this 4 day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham, Motion carded 7-0,
Penalfies for Tobacco Permit Holders: Oity
Manager recommending that a hearing be set
for February 18, 2002 to consider assessing civil
penalties against nine tobacco permit holders,
presented ant read. Buol moved [hat the
communication be received and filed and set
Hearing for 2118102. Seconded by Markham.
Motion carried 7-0.
Annual Renta! Survey: City Manager
submitting the results of the Annual Rental
Survey, presented and read. Buol moved that
the communication and Survey be received and
filed. Seconded by Markham. Motion carded 7-0.
30 Regular Session, February 4, 2002
RISE Project Agreement - Chavenelle Road:
City Manager recommending appreva; of a
project agreement with the Iowa Department of
Transportation for RISE [unding of street
improvements for Chavenelle Road west of
SeippeJ Road ia the Dubuque industrial Center
West. presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carded 7-0.
RESOLUTION NO. 36-02
RESOLUTION APPROVING AN AGREEMENT
FOR R.I.S.E. FUNDING WITH THE IOWA
DEPARTMENT OF TRANSPORTATION
RELATING TO DEVELOPMENT OF
CHAVENELLE ROAD WEST OF SEIPPEL
ROAD IN THE DUBUQUE INDUSTRIAL
CENTER WEST.
Whereas, the City of Dubuque has developed
oleos for the construction of Chavene][e :~oad
west of Seippel Road in the Dubuque Industrial
Center West: anc
Whereas. the City has requested funding
under the State of iowa's R.I.S.E (Revitalize
Iowa's Sound Economy) program; and
Whereas. the City's application was approved
by order of the Transportation Commission on
December l't. 2001: and
Whereas. the Iowa Department of
Transportation has prepared and submitted for
City Council approval an Agreement relating to
the R.I.S.E. grant, a copy of which is attached
hereto and by this reference made a part hereof;
and
Whereas, lhe City Council finds that the
propose~ agreement is acceptable and
necessary to the growth and development of the
city.
NQW THEREFORE BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the Iowa Department of
Transoortation Agreement for R.LS.E. Funding,
Agreement No. 2002-R-015, is hereby
approved,
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute two
copies of the Agreement on behalf of the City et
Dubuque and forward the executed copies to the
Iowa Department of Transportation for their
approval.
Passec approved and adopted this 4~ day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carded 7-0,
Mutual Aid Agreements - City of Dubuque,
Dubuque County and Jo Daviess County,
Illinois: City Manager recommending approval of
two mutual aid agreements for law enforcement
services between the City of Dubuque, Dubuque
County, ane Jo Daviess County, Illinois,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carded 7-0.
RESOLUTION NO. 37-02
APPROVING A CHAPTER 28E MULTI.
JURISDICTIONAL LAW ENFORCEMENT
AGREEMENT AMONG THE CITY OF
DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA, AND JO DAVlESS COUNTY, ILLINOIS
WHEREAS. Iowa Code Chapter 28E
authorizes agreements between public agencies
of Iowa and other states for the joint exercise o~
the powers of such agencies; and
WHEREAS the City of Dubuque, Iowa,
Dubuque County, Iowa and JoDaviess County,
Illinois have determined that it is in the bests
interests of their respective jurisdictions to enter
into an agreement to cooperate in using their
best efforts to ensure the public safety and to
enforce the laws and protect the citizens,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Sec. 1. The Mulfijudsdictional Law
Enforcement Agreement attached hereto is
hereby approved.
Sec. 2. The Mayor is hereby authorized and
directed to sign the Agreement on behalf of ti~e
City of Dubuque.
Passed, approved and adopted this 4th day of
February, 2002.
Terraeoe M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carded 7-0.
RESOLUTION NO. 38-02
APPROVING A CHAPTER 28E MULTI-
JURISDICTIONAL DRUG ENFORCEMENT
AGREEMENT AMONG THE CITY OF
DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA, AND JO DAVlESS COUNTY. ILLINOIS
WHEREAS. Iowa Code Chapter 28E
authorizes agreements between public agencies
of [bwa ant other states for the joint exercise of
the powers of such agencies: and
WHEREAS. the City of Dubuque, iowa
Dubuque County, iowa and JoDaviess County,
Illinois have determined that it is in the bests
interests of their respective jurisdictions to enter
into an agreement to cooperatively engage in
authorized criminal investigations and
prosecutions, particu[ady involving illegal drug
Irafficking and the use and distribution of
controlled substances.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Regular Session, February 4, 2002 31
Sec. 1. The Multi jurisdictional Drug
Enforcement Agreement attached hereto is
hereby approved.
Sec. 2. The Mayor is hereby authorized and
directed to sign the Agreement on behalf of the
City of Dubuque.
Passed, approved and adopted this 4th day of
February, 2002.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
McFadden Property - Acceptance of Deed:
City Manager recommending acceptance of
property from Vincent McFadden and Louella
McFadden [or the extension of Chavenelle
Drive, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 39-02
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
VINCENT Mc FADDEN AND LUELLA Mc
FADDEN
WHEREAS, the City of Dubuaue entered into
an Agreement or December 27, 2001 with
Vincent McFadden AND Luella McFadden for
the purchase of certain teat property in Dubuque
County, Iowa, described in the Deed attached
hereto;
AND WHEREAS, the terms of the Agreement
have now been met.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA. AS FOLLOWS:
1. The City of Dubuque, Iowa, hereby accepts
the Deed from Vincent McFadden and Luella
McFadden. a copy of which is attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution with the
Dubuque Coun~ Recorder.
Passed, approved and adopted this 4th day of
February, 2002.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carded 7-0.
Enterprise Zone Commission: Appointment of
the City Manager to the Enterprise Zone
Commission for a three year term ending on
February 15, 2005, presented and read, Buol
moved that the communication be received and
filed and approved [he City Manager
appointment. Seconded by Markham. Motion
carded 7-0.
U.S. Department of Housing and Urban
Development: Communication from Roy
Bemardi of the U.S. Department of Housing and
Urban Development regarding an application for
America's River Museum funding in the amount
of $1,000,000, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carded 7-0.
State of Iowa Department of Public Defense:
City Manager providing a response to a
communication from Ellen Gordon, State of iowa
Department of Public Defense. Emergency
Management Division, about eligibility for public
assistance projects, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-0
Dubuque County Board of Sueervisom:
Communication of City Manager to Donna
Smith. Dubuque County Board of Supervisors,
advising that the City supports the application of
Cottingham and Butler for e Historic Property
Rehabilitation Tax Exemption for the Town
Clock Building, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Markham. Motion carried 7-0.
Marine Fuel Tax Grant Agreement for
Riveffront Boal Pier at Port of Dubuque: City
Manager recommending approval of a Marine
Fuel Tax grant application for construction of the
dvertront boat pier at the Port of Dubuque,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carded 7-0.
RESOLUTION NO. 40-02
RESOLUTION AUTHORIZING APPLICATION
FOR MARINE FUEL TAX GRANT FOR
CONSTRUCTION OF RIVERFRONT BOAT
P1ER
Whereas, the Iowa Department of Natural
Resources (IDNR) provides Marine Fuel Tax
grants through the Water Recreation Access
Cost-Share Program to cities; and
Whereas, the construction of a boat pier on the
Mississippi River at the Port of Dubuque is an
eligible project; and
Whereas, the City has an adopted Riverfront
Plan that places a high pdority on recreational
[mprevements to the Port of Dubuque; and
Whereas, the City recognizes the recreational
potential of the boat pier for suppo~ng the
America's River project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the Planning Services
Manager is hereby authorized to submit an
application for Marine Fuel Tax funds to the
IDNR for the construction of a riverfront boal pier
for the America's River project au the Port of
Dubuque.
32 Regular Session, February 4, 2002
Section 2. Tha! the City will provide the
necessary local ma[ch for this project if the
IDNR funds the grant request.
Passed, approved and adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buo moved adoption of the Resolution.
Seconded by Markham. Motion carded 7-0.
Business Licenses:
RESOLUTION NO. 41-02
BEER
Whereas. applications for Beer Permits have
3een submitted and filed to this Council for
approval anc 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
Mo]o Oil Company Big 10 Mart+
(Sunday Sales) 2100 JFK
Dubuque Discount Gas Inc Dubuque Discount
Gas+(Sunday Sales) 4110 Dodge
Lee Potter Sr Lee's 76/West Locust+
(Sunday Sales) 408 W Locust
Passed. approved and adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0..
RESOLUTION NO. 42-02
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
aDeroved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and ail City Ordinances
relevant thereto ana they have filed proper
bonds.
NOW THEREFORE. BE T 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 B (HOTEL/MOTEL) LICENSE
Dubuque Inn Corp. Best Westarn Dubuque Inn+
(Sunday Sales) 3434 Dodge St.
CLASS C BEEPJLIQUOR LICENSE
Pusateds Enterorises inc. Pusateds+
(Sunday Sales) 2400 Central Ave
Apartments, Ltd Dubuque Mining Co.+
(Sunday/Outdoor Sales) 555 JFK Rd
Passed. approved and adopted this 4~ day of
February, 2002.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol morea adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews ~or the following Board:
Housing Code Appeals Board (Two three-year
terms expiring 1/11/05 - Hannah and Sampson)
Applicants: Tom Hannar Robert L. Sampson
No one spoke.
PUBLIC HEARINGS
Micha]ski moved to suspend the rules to allow
anyone present to speak. Seconded by
'4icholson. Motion carried 7-0.
Bond Sale [o Support Main Street
Reconstruction Project: Proof of publication on
notice of hearing to consider the ~ssuance of
$1.000.000 General Obligation Bonds and City
Manager recommending that the City institute
proceedings to take additional action on the
issuance, presented and read. Markham moved
that the proof and communication be received
and filed. Seconded ay Nicholson. Carried by
the following vote: Yeas: Buol. Cline, Connors,
Markharr Michalsk[, Nicholson. Nays--Duggan.
RESOLUTION NO. 43-02
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $1,000,000
GENERAL OBLIGATION BONDS
Whereas. pursuant to notice published as
required by law this Council has ~eid a public
meeting and hearing upon the proposal to
institute proceedings for the issuance of not to
exceed $1.000.000 General Obligation Bonds
for the essential corporate purpose of paying
costs of construction and reconstruction of
street, sidewalk, utility and streetscape
improvements relating to the opening of Main
Street from 5~" to 9th Streets, and has considered
the extent of objections received from residents
or property owners as to said proposed issuance
of Bonds; and accordingly the following action is
now considered to be in the best interests of the
City and residents thereof:
NOW THEREFORE. BE T RESOLVED BY
THE COUNCIL OF THE CiTY OF DUBUQUE.
iOWA:
Section 1. That this Council does hereby
institute 3roceedings and take additional action
Regular Session, February4,2002 33
for the sale and issuance in the manner required
by law of not to exceed $1,000,000 General
Obligation Bonds for the foregoing esseotia[
corporate purpose.
Section 2. The Clerk is authorized and directed
to proceed on behalf of the City with the sale of
said Bonds, to select a date for the sale thereof,
to cause to be prepared such notice and sale
information as may appear appropriate, to
publish and distribute the same on behalf of the
City and this Council and otherwise to take all
action necessary to permit the sale of said
Bonds on a basis favorable to the City and
acceptable to the Council.
Passeo. approved and adopted this 4~ day of
:ebreary, 2002.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Carried by the following
vote: Yeas: Buo[, Cline, Connors. Markham,
Michalski, Nicholson. Nays-Duggan,
RESOLUTION NO, 44-02
RESOLUTION DIRECTING THE ADVERTISE-
MENT FOR SALE OF $1,000,000 GENERAL
OBLIGATION BONDS, SERIES 2002B
WHEREAS, the City of Dubuque, Iowa is ~n
need of funds to pay costs of construction and
reconstruction of street, sidewalk, utility ano
streetscape improvements relating to the
opening of Main Street from 5th to 9th Streets.
an essential corporate purpose project, and it is
deemed necessary and advisable that the City
issue general obligation bonds for said purpose
to the amount of not to exceed $1,000,000 as
authorized by Section 384.25 of the City Code of
Iowa; and
WHEREAS, pursuant to notice published as
required by Section 384.25 this Council has held
a public meeting and hearing, upon the proposal
to institute proceedings for the issuance of the
above described bonds, and all objections, if
any, to such Council action made by any
resident or propert7 owner of said City were
received and considered by the Councii: and it is
the decision of the Council that additional action
be taken for the issuance of said bonds, and that
such action is considered to be in the best
interests of said City and the residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Bonds hereinafter
described be offered at public sale, pursuant to
advertisement as required by law.
Section 2. That the Clerk is hereby directed to
publish notice of sale of said Bonds at least
once, the last one of which shall be not less than
four clear days nor more than twenty days
before the date of the sale. Publication shall be
made in the Telegrapn Herald. a legal
newspaper, printed wholly in the English
language, published within the county in which
the Bonds are to be offered [or sale or an
adjacent county. Said notice is given pursuant to
Chapter 75 of the Code of Iowa, and shall state
that this Council, on the 20th day of February,
2002 at 6:15 o'clock P.M., will hold a meeting [o
receive and act upon bids for said Bonds; said
notice to be in substantially the following form:
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Sealed bids
for the sale of Bonds of the City of Dubuque,
Iowa, will be received at the office of the City
Clerk. in the City of Dubuque, Iowa (the "Issuer")
at 11:00 o'clock A.M., on the 20th day of
February, 2002. The bids will then be publicly
opened and referred for action to the meeting of
the City Council as stated below.
Sale and Award: The sale and award of the
Bonds will be held at the Auditorium, Carnegie-
Stout Public Library at a meeting of the City
Council on the above date at 6:15 o'clock P.M.
The Bonds: The Bonds to be offered are the
following:
GENERAL OBLIGATION BONDS,
SERIES 2002B, in the amount of $1.000,000,
to be dated Mamh 1,2002 (the "Bonds").
Official Statement: The Issuer has issued an
Official Statement of information pertaining to
the Bonds to be offered, including a statement of
the Terms of Offedng and an Official Bid Form.
which is incorporated by reference as a part of
this notice. The Official Statemem may be
obtained by request addressed to the City Clerk.
50 W. 13th Street, Dubuque, Iowa 52001
(telephone: 563/589-4100) or the financial
advisor to the City, Evensen-Docge, Inc., 100
Court Avenue, Suite 203, Des Moines Iowa
50309 (telephone: 515/282-6138),
Terms of Offerinq: All bids shall be n
conformity with and the sale shall be in accord
with the Terms of Offering as set forth in the
Official Statement.
Legal Opinion: Said Bonds will be sold subject
to the opinion of Ahlers, Cooney, Dorweiler,
Haynie, Smith & Ailbee, P.C., Attorneys of Des
Moines, iowa, as to the legality and their opinion
will be furnished together with the printed Bonds
without cost to the purchaser and all bids will be
so conditioned. Except to the extent necessary
to issue their opinion as to the legality of the
Bonds, the attorneys will not examine or review
or express any opinion with respect to the
accuracy or completeness of documents.
materials or statements made or furnished in
connection with the sa[e, issuance or marketing
of the Bonds.
Riqhts Reserved: The right ~s reserved to
reject any or all bids. anC to waive any
irregularities as deemed to 3e in the best
interests of the public.
34 Regular Session, February 4, 2002
By order of the City Council of the City of
Dubuque, Iowa.
Is/Jeanne F. Schneider, City Clerk of the City of
Dubuque, Iowa
(End of Notice)
Passed. acereved and adopted this 4th day of
February, 2002
Terrence M. Duggan, Mayor
ATTEST: Jeanne F. Schneider. City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Carried by lhe following
vote: Yeas: Buo[. Cline, Connors. Markham,
Michalski. Nicholson. Nays--Duggan.
Rezoning Request of Dennis and Lad Anseh
Proof of publication on notice of hearing [o
consider rezoning property located at 2001
Rockdale Road from R-I Single Family
Residential District and C-2 Neighborhood
Commercial District to CS Commercial Service
and Wholesale District and Zoning Advisory
Commission recommending denial of the
request (from October 16. 2000 meeting where
item was tabled) and an Ordinance Amending
Appendix A (the Zoning Ordinance~ of the City of
Dubuoue Code-of Ordinances by reclassifTing
hereinafter described property located at 2001
:~ockdale Road from R-1 Single Family District
and C-1 Neighborhood Commercta: District ro
CS Commercial Service and Wholesale District.
2resented and read. Michalski moved to send
this matter back to the Zoning Commission and
table the public hearing, Seconded by BuoL
Motion carried 7-0
Hazard Mitigation Plan Task Force: ~mof of
publication on notice of hearing to consider the
City's Hazard Mitigation Plan as developed by
the Hazard Mitigation Plan Task Force and City
Manager recommending adoption of the Plan.
presented and read, Cline moved that the oroof
and communication be received and filed and
'ecommendation approved. Seconded By
Michalski, Motion carried 7-0.
Cottingham and Butler - Easement: Proof of
aublication on notice of headng to consider
disposing of City interest under a portion of Main
Street between 8~ and 9m Street in the City of
Dubuaue. owam Cottingham and 3utler, Inc.
and City Manager recommending approvah
2resented and read. Cline moved that the proof
and communication be received aha filed.
Seconded by BuoL Motion carried 7-0.
Mary Lou Baal, of Security Partners, spoke in
favor of the requested disposal. Marry Johnson,
from Streka Johnson Architects PC, sooke
detailing the specifics of the project.
RESOLUTION NO. 45-02
DISPOSING OF AN INTEREST IN REAL
PROPERTY BY EASEMENT TO SECURITY
PARTNERS, L.P., AN IOWA LIMITED
PARTNERSHIP
WHEREAS. the City of Dubuque, Iowa (City) is
the owner of the following described real property:
Commencing at the southwesterly corner of City
Lot 29 in the City of Dubuque, Iowa, according
[o the UnitaC States Commissioners' Map of
said City, thence northerly along the Westerly
aoundary, of City Lot 29 and City Lot 30. a
distance of 75 feet more or less to the centedine
ct a proposed underground passageway, said
3oint being the point of beginning of the
centarline of the easement hereby defined;
thence southwesterly to a point on the easterly
2oundary of City Lot 54 in the City of Dubuque,
Iowa, according to the United States
Commissioners' Map of the Town of Dubuque,
Iowa, said point being located 67.5 feet more or
~ess, northerly along said eastarly boundary from
the southeasterly corner of City Lot 55 in the
City of Dubuque, tewa. according to the United
States Commissioners' MaD of the Town of
Dubuque. iowa, and said point being the
terminus of said centedine:
WHEREAS, Security Partners, L.P., an Iowa
limited partnership, now desires to obtain an
easement through, under and across a oortion of
said property for the purpose of constructing,
using, maintaining, repairing and ,econstrucitng
an enclosed., underground passageway within
such easement ares, for passage between
property now owned by Security Partners, L.P.;
WHEREAS, on February 4, 2002, the City
Council pursuant to notice published as required
by law held a public hearing on its intent to
dispose of the foregoing interest i~ real property
and overruled ali objections thereto;
AND WHEREAS, the City Council finds that it is
in the ~est interest of the City to approve the
disposition of such real property.
NOW, THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa. approves the Grant of Easement
attached hereto and the Mayor Is hereby
authorized and directed to sign this resolution and
the Grant of Easement.
Passed. approved aha adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion To the Council. Seconded by
Markham. Motion carried
ACTION ITEMS
Regular Session, February 4, 2002 35
Greater Dubuque Development Corporation
Progress Report: Mr. Rick Dickinson, Executive
Director of the Greater Dubuque Development
Corporation. spoke giving a 3rogress report.
White Street Reconstruction Project: City
Manager recommending that the preliminary
schedule of assessments for the White Street
Reconstruction Project be amended for final
adoation at the public headng on February 18,
2002 and that a public headng be set for March
4, 2002 for the nine property owners who did not
receive the proper notice of the assessable
project, presented and read. Nicbolson moved
that the communication be received and filed.
Seconded by Connors. Motion carded 7-0,
RESOLUTION NO. 46-02
RESOLUTION AMENDING PRELIMINARY
SCHEDULE OF ASSESSMENTS FOR THE
WHITE STREET RECONSTRUCTION - 21s?
TO 32ND STREET PROJECT
Whereas. the City Council passed Resolution
No. 23-02, dated January 21, 2002, approving
the Prelimthan] Schedule of Assessments for the
White Street Reconst~'uction - 21s' to 32nd
Street Project,
Whereas, it has been determined that the
Schedule of Assessments contained errors
which need to be corrected.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the follow~ng amendments, as shown on
the attached sheets, be made to Resolution No.
23-02, Preliminary Schedule of Assessments.
for the White Street Reconstruction - 21st to 32na
Street Project.
Passed, approved and adopted this ~t~ day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholson movec adootion of the Resolution.
Seconded by Connora. Motion carried 7-0,
RESOLUTION NO. 47-02
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duty
prepared and approved by the City Council of
the City of Dubuque and ara now on file in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cos[ and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as flied by the City Council, for the
White Street Reconstruction Project - 21s~ to
32"° Street - Supplemental Assessments to
Resolution No. 23-02.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. iOWA:
That the City Council deems it advisable and
necessary for the public welfare to make lhe
herein mentioned ~mprovemems, and un~ess
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
resolution of necessity, they shall be deemed to
have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with [he plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and in 3roportJon to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will ~e paid from the Sanitary Sewer
Fund, Watermain Construction Fund, Local
Option Sales Tax Fund, and the Street
Construction Fund. and special assessment
bonds may be issued in anticipation of deferred
payments of assessments when a contract has
been performec and accepted, and the
proceeds thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on I~le with the
City Clerk this 4t~ day of February, 2002.
Approved and placed on file for final action.
Passed, approved and adopted this 4,n day of
February, 2002,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicbolson moved adoption of the Resolution.
Seconded by Connors. Motion carded 7-0.
RESOLUTION NO. 48-02
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas. the City Council of the City of
Dubuque, Iowa. has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection,
for the White Street Reconstruction Project -
21st to 32na Street - Supplemental Assessments
to Resolution No. 23-02; and,
Whereas, the proposed Resolution of
Necessity for saic improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
T~at un the 4th day of Mamh, 2002. a public
hearing will be held at 6:30 o'clock p.m. in the
Public Library Audifodum in the City of Dubuque
at which time the owners of property subject to
36 Regular Session, February 4, 2002
assessment for the proposed improvement or
any other 3erson having an interest in the matter
may appear ana be heard for or against the
making of the imerovement, the boundaries of
Ihe district, the cost. the assessment against any
lot. or the final adoption of a resolutio~ of
necessity and Ihe City Clerk be and is hereby
authorized and directea to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, owa. which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be not
[ess than ten days pdor to the day fixed for its
consideration. Unless property owners at the
time of the final consideration of this proposeo
resolution have on file with the City Clerk
objections to the Resolution of Necessity they.
sha][ be deemed to have waived ail objections
thereto.
Passec, approved and adopted this 4m day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholson movec acootion of the :{asa[uriah.
Seconded by Connors. Motion carrie(] 7-0.
RESOLUTION NO. 49-02
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW. THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That the attached sheets. I to 1 inclusive, are
hereby determined to be the schedule of
proposed assessments for the White Street
Reconstruction Project - 21~ to 32"° Street -
Supplemental Assessments to Resolution No.
23-02 and the valuations set out herein are
hereby approved.
Passed, approved and adopted this 4'n day of
February, 2002
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicho[son moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Parking Meter Districts: City Manager
recommending approval of an Ordinance to
exoand the meter district to include both sides of
Eighth Street, from Iowa Street to Locust Street,
anu both sides of Main Street, from Fifth Street
to Ninth Street and an Ordinance Amending
Section 32-336 of the City of Dubuque Code of
Ordinances establishing the Municipal Parking
Meter District by adding both sides of Eighth
Street from owa Street to Locust Street and
both sides of Main Street from Fifth Street to
Ninth Street - this item removed from lhe
Agenda.
Iowa League of Cities Annual Conference: City
Manager requesting that a City Council Member
be designated as a liaison for the IOWa League
of Cities Annual Conference Bid for 2005 or
2006, presented uno read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motio~ carded 7-0. Vlarkham
moved Ihat Council Member Nicholson be
appointed. Seconded by Buol. Motion carried 7-
0.
U.S. Highway 20 Signal Improvements - STP
Agreement: City Manager recommending
approval of a cooperative agreement with the
Iowa Department of Transportation for Surface
Transcortation Program funding relating to the
realignment of University Avenue from Ethel
Street to U.S. Highway 20, presented and read.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion carried
RESOLUTION NO. 50-02
RESOLUTION APPROVING COOPERATIVE
AGREEMENT BETWEEN THE IOWA
DEPARTMENT OF TRANSPORTATION (IDOT)
AND THE CITY OF DUBUQUE RELATING TO
THE REALIGNMENT OF UNIVERSITY
AVENUE FROM ETHEL STREET TO US
HIGHWAY 20
Whereas, the Iowa Departmenl of
Transportation and the City of Dubuque are
proposing to realign University Avenue from
Ethel Street to US Highway 20, thereby
~mproving traffic flow along the US 20 Corridor
and the intersection of John F. Kennedy Road
and University Avenue: and
Whereas, Agreement No. 6-01-STPU-16 with
the Iowa Department of Transportation outlines
the responsibilities of IDOT and the City relating
to the cbnstruction project and providing for
Surface Transportation Program (STP) cost
3articipation in the project; and
Whereas, the City of Dubuque approves the
terms and conditions of said cooeerative
agreement.
NOW THEREFORE, BE T RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement No. 6-01-
STPU-16 consisting of an agreement for the
realignment of University Avenue from Ethel
Street to US Highway 20 be approved.
Section 2. That the Mayor be authorized and
directed to execute two copies of this agreement
aha forward the executed copies to the Iowa
Department of Transportation for their approval.
th
Passed, aeDroved and adopted this 4 day ol
:ebruary, 2002.
Terrance M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Regular Session, February 4, 2002 37
Buol moved adoption of the Resolution.
Seconded by MichalskL Motion carded 7-0
Council Member John Markham Appointment:
Communication from Tom Bredeweg, Iowa
~_eague of Cities, appointing Council Member
John Markham to the Finance Administration
and Intergovemmerdal Relations Policy
Committee presented and read. Michalski
moved that the communication be received and
filed and approved appointment. Seconded by
Buol. Motion carried 7-0.
Council Member Ann Michaiski Appointment:
Communication from Tom Bredeweg, Iowa
League of Cities, appointing Council Member
Ann Michalski to the Human Development Policy
Comm~ee, presented and read, Cline moved
that the communication be received and filed
and approved appointment. Seconded by
Markham. Motion carried 7-0.
International [nstituta of Municipal Clerks:
Communication from the [ntemational Institute of
Municipal Clerks advising that City Clerk Jeanne
Schneider has achieved the status of Certified
Municipal Clerk (CMC), presented and read.
Nicholson moved that the communication Pe
received and flied. Seconded by Connors,
Motion carried 7-0.
iTEMS TO BE SET FOR PUBLIC HEARING
Crescent Heights - Request to Vacate: City
Manager recommending that a public hearing be
set for February 18, 2002 to consider a request
from Larry and Sharon McDermott to vacate a
20-foot wide utility easement on Crescent
Heights, presented and read. Markham moved
that the communication be received and tiled,
Seconded by Buol, Motion carried 7-0.
RESOLUTION NO. 51.02
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST AND VACATE UTILITY
EASEMENT OVER LOTS 40, 41, AND 42 OF
CRESCENT HEIGHTS IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas Larry E. and Sharon A. McDermott
are the current owners of Lots 40, 41 ,and 42 of
Crescent Heights;
Whereas. a 20-fcot wide utility easement is
currently platted on said lots; and
Whereas. Larry E. and Sharon A. McDermott
have petitioned [o vacate the easement in said
lot; and
Whereas, Larry E. and Sharon A. McDermott
nave platted an alternate easement as recorded
as Instrument No. 209-02.
NOW THEREFORE. E~E IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest and vacate the existing
20-foot wide utility easement over Lots 40, 41,
and 42 of Crescent Heights.
Section 2. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose to be published as prescribed
under Section 364.7 Code of lows, 1999 or
amended,
Passed approved and adopted this 4TM day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the Resolution
and set for Public Hearing on 2/18/02 at a
meeting [o commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by BuoL Motion carried 7-0.
Mt. Carmel Sanitary Sewer Extension: City
Manager recommending acceptance of the Mt.
Carmel Sanitary Sewer Extension Project and
that a public hearing be set for February 18.
2002 on the connection fees for the sanitary
sewer, presented ana read. Michalski moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 52-02
ACCEPTING IMPROVEMENT
Whereas. [he contract for the Mt. Carmel
Sanitary Sewer Extension Project has been
compietad and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Sectior 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 2002
Sanitary Sewer Construction Fund in amount
eoual to the amount of this contract, less any
retained pementage provided for therein.
Passed, approved and adopted this 4~ day of
February, 2002.
Terrence M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carded 7-0.
RESOLUTION NO. 53.02
FINAL ESTIMATE
Whereas the contract for the Mt. Carmel
Sanitary Sewer Extension Project has been
38 Regular Session, February 4, 2002
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. IOWA:
Section 1. That the cost of said improvement is
hereby determinea to be $209,000.19
Section 2. That $87,221.35 of the cost thereof
shall be assessable upon pdvate property and
$121.778.84 shall be paid from the Fiscal Year
2002 Sanitar~ Sewer Construction Fund.
Passed. approved and adoeted this 4~ day of
February, 2002.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 54-02
A RESOLUTION ADOPTING THE PRE-
LIMINARY SCHEDULE OF FINAL ASSESS-
MENTS FOR THE MT. CARMEL SANITARY
SEWER EXTENSION PROJECT INCLUDING
CERTAIN INFORMATION REQUIRED BY THE
CODE OF IOWA, SPECIFICALLY, THE
NUMBER OF ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS 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
Dlat showing the assessments proposed to be
made for the construction of the Mt. Carmel
Sanitary Sewer Extension Project under contract
with Conno[ly Construction. Inc. of Peosta, Iowa,
which final plat and schedule were filed in the
off~ce of the City Clerk on the ,~n day of
February, 2002, the said schedule of
assessments be and fha same is ~ereby
approved and adopted.
That there be. and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
~rovided, further, that the amounts shown [n
said final schedule of assessments as
deficiencies are found to oe proper and levied
conditionally against the respective properties
3enefitted by the ~morovements as shown in the
schedule, subject [o the prowsions of Section
384.63 of the Code of Iowa. Said assessmenm
against said lots are hereby declared to be in
~roportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa. and to pubJish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be no[ more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mai] a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of iowa.
That assessments may be paid in full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after the
date of the first publication of this notice of the
filing of the final schedule of assessments with
the County Treasurer, After 30 days uneaid
assessments of $50.00 or more are payable in
10 annual installments and Will draw annual
interest at nine (9) percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the oue oates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment will
be delinquent fram October 1 fo[lowing its due
date on duly ' of eect' year. Property owners
may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 4'~ day of
February, 2002
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 55-02
RESOLUTION PROVIDING FOR NOTICE OF
THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON AN ORDINANCE ESTAB-
LISHING A SCHEDULE OF CONNECTION
FEES FOR THE MT. CARMEL SANITARY
SEWER EXTENSION PROJECT WITHIN THE
CITY OF DUBUQUE, IOWA
Whereas, the City Council of the City of
Dubuque, iowa, proposes to establish, by
Ordinance after notice of a public headng, the
Vlt. Carmel Sanitary Sewer Extension Project
and to provide a schedule of connection fees
therefor: and
Whereas. lows Code Section 384.36(3)
requires notice and a public hearing on such
Ordinance:
NQW, THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized
and directed to publish notice of date. time and
place of the headng on said proposed
Ordinance. which hearing shall be on February
18. 2002, au 6:30 p.m. n the Public Library
Regular Session, February 4, 2002 39
Auditorium, 360 West 11 Street, in the City of
Dubuque, Iowa, such publication to be once
each week for two consecutive weeks in the
manner provided by Section 362.3, the first
publication of which shall not be less than ten
(10) days before the date of the hearing.
Section 2. The notice shall be substantially the
following form:
Notice to Properbj Owners
Notice is given that there is now on file for
public inspection in the office of the Clerk of the
City of Dubuque, City Hall, Dubuque, Iowa, a
proposed Ordinance establishing the Mt. Carmel
Sanitary Sewer Extension Project and providing
for connection fees.
The Council will meet at 6:30 p.m. on February
18, 2002, at the Public Library Auditorium, 360
West 11 Street, in the City of Dubuque, Iowa, at
which time the owners of property subject to
connection tees in the Mt. Carmel Sanitary
Sewer Extension Project or any other persons
having an interest in the matter may appear and
be heard for or against the establishment of the
District, or the schedule of connection fees. A
person subject to such connection fees will be
deemed to have waived all objections unless at
the time of headng, the person has filed
objections with the Clerk.
Section 3. Not ]ess than fifteen (15) days
before the headng, the Clerk shall also send a
copy of the notice by mail to each property
owner whose propert7 will be served by
connection to said City sewer and be subject to
the connection fees at the address as shown by
the records of the County Auditor.
Passed, approved End adopted this 4TM day of
February, 2002
Terrance M. Duggan, Mayor
At~est: Jeanne F. Schneioer, City Clerk
Michalski moved adoption of the Resolution
and set for Public Hearing on 2/18/02 au a
meeting to commence at 6:30 P.M, in the Public
Library Auditorium and that /he City Clerk
publish notice in the manner prescribed by law..
Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2003 Annual Action Plan: Cit7
Manager submitting the City's Fiscal Year 2003
Annual Action Plan and recommending that a
public hearing be set for February 21, 2002 to
consider [he Plan, presented and read.
Markham moved that the communication be
received and filed. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 56-02
A RESOLUTION SE'I-rING A PUBLIC
HEARING ON THE PROGRAM YEAR 2002
(FISCAL YEAR 2003) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL PLAN.
Whereas, the City of Dubuque has, through a
series of public meetings and headngs finalized
a Program Year 2002 (Fiscal Year 2003)
Community Develooment Block Grant Annuai
Plan addreesing both housing and non-housing
needs in the community; and
Whereas. copies of the draft Program Year
2002(Fiscal Year 2003) CDBG Annual Plan
have been available for public comment 30 days
prior to City Counci] action: and
Whereas, the City's Community Development
Advisory Commission has recommended
adoption of this budget.
NOW, THEREFORE, BE IT RESOLVED E~Y
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in
the Carnegie Stout Public Library, Auditorium,
360 West 11~h Street Dubuque. Iowa at 6:30
p.m on February 21. 2002 for the purpose of
holding a public hearing and taking final action
on the Program Year 2002 (Fiscal Year 2003)
Community Development Block Grant Annual
Plan
Section 2. That the City Clerk be and she is
hereby authorized and directed to publish a
notice of such public hearing ano the City
Council's intent to review and take action on the
Program Year 2002 (Fiscal Year 2003)
Community Development Block Grant Annual
Plan~
Passed, approved and adopted this 4'" day of
February 2002.
Terrance M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and set for Public Hearing 2/21/02 at a meeting
to commence at 6:15 P.M. in the Public Library
Auditorium and that the City Clerk Publish notice
in the manner prescribed Dy law. Seconded by
Buck Motion carried 7-0.
Rip Row Valley Ball Field Development: City
Manager recommending initiation of the bidding
process for demolition and grading of the bali
field site of the Rip Row Valley develooment and
that a public hearing be set for March 4, 2002,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0,
RESOLUTION NO. 57~02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE iT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, ~OWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Rip F~ow
Valley Ball Field Demolition and Grading Project,
in the estimated amount of $170,500, ara hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 4th day of
February, 2002.
40 Regular Session, February 4, 2002
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved aaoption of the Resolution,
Seconded by BuoL Motion carried 7-0,
RESOLUTION NO. 58-02
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS. the City Council of the City ot
Dubuoue. iowa nas given its Preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office af the City Clerk for public inspection
of the Ric Row Valley Ball Field Demolition and
Grading Project.
NOW THEREFORE, BE IT =~ESOLVED. BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA, that on the 4th day of Mamh.
2002, a public hearing will be held at 6:30 p.m.
in the Public Library Auditorium. at which time
interested pemons may appear and be heard for
or against the proposed plans and
soecifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested pemon may appear and
file objections to the proposed plans,
specifications, contract, or estimated cos[ of the
improvement.
Passed, approved and adopted this 4th day of
February, 2002,
Torrance M. Duggan, Mayor
Attest; Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and set Public Hearing for 3/4/02 at 6:30 P.M. in
the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed Dy
law. Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 59-02
ORDERING BIDS
BE T RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the Rip Row Valley Ball Field Demolition
and Grading Project is hereby ordered to be
advertised for bids for construction.
BE iT FURTHER RESOLVED, that the amount
of the secudty to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approvea as a
part of the plans ano specifications heretofore
adooted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be 2ublished
in a newspaper having general circulation in the
City of Dubuoue. Iowa, which notice shall not be
less than four days nor more than twent7 days
prior to the receiot of said bids at 2:00 p.m. or
Ihe 21st day of February, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to [he Council for fina
action at 6:30 p.m. on the 4th day of March
2002.
Passed, approved and adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoDfion of the Reso[ufion.
Seconded by Buol. Motion carried 7-0.
Utilities Extension - Rip Row Valley: City
Manager recommending initiation of the bidding
process for the Rip Row Valley Utilities
Extension Project and that a public hearing be
set for March 4, 3002, presented ano read.
Markham moved that the communication be
received and filed Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 60-02
PRELIMINARY APPROVAL DF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. OWA:
That the proposed p~ans, specifications, form
of contract and estimated cost for the Rip Row
Valley Utilities Extension Project. in the
estimated amount of $170.500. are hereby
approvec and ordered filed in the office of the
City Clerk. for public inspection
Passed, approved and adopted this 4th day of
=ebruary, 2002.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 61-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and alaced same on file in
the office of the City Clerk for ~ubfic inspection
of the Rip Row Valley Utilities Extension Project.
NOW, THEREFORE. BE IT ~ESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA, that on the 4th day of March,
2002. a public hearing will be held at 6:30 p.m.
in the Public Library Auditorium, at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
Regular Session, February 4, 2002 41
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days pdor
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
~mprovement.
Passed, approved and adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and set Public Hearing for 3/4/02 at 6:30 P.M. in
the Public Library Auditorium and that the City
Clerk publish notice in the manner 3rescribed by
[aw. Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 62-02
ORDERING BIDS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the Rip Row Valley Utilities Extension
Project is hereby ordered to be advertised for
bids for construddon.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be i~
an amount which shall conform to the provisions
of the notice to bidders hereby approved as s
part of the plans and specifications heretofore
adopted.
That [he City Clerk is hereby directed [o
advertise for bids for the construction of the
improvements herein provided, to be published
~n a newspaper having general cimulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
the 21st day of February, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 4th day of Mamh,
2002.
Passed, approved and adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by BuoL Motion carded 7-0.
Budingfon Northern Railroad Depot
Restoration Project - initiate: City Manager
recommending initiatior of the bidding process
for Train Depot Restoration Project and that s
public headng be set for March 18, 2002.
presented and read. Markham moved that the
communication be received and filed. Seconded
by BuoL Motion carded 7-0.
RESOLUTION NO. 63-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Burlington
Northern Railroad Depot Restoration Project, in
the estimated amount of $1,197,331.00, ara
hereby approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, approved and adopted this 4~" day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 64-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATION
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications.
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Burlington Northern Railroad Depot
Restoration Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the f8TM day of March, 2002. a public
headng witl be helc at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications form el
contract and cost of said improvement, and the
Cit~ Clerk be and is hereby directed to cause a
notice of time and place of such headng to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 4th day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and set date of ~ub[ic Hearing for 3/18/02 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 Buol. Motion
carded 7-0.
RESOLUTION NO. 65-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
42 Regular Session, February 4, 2002
That the Burlington Northern Railroad Depot
Restoration Project is hereby ordered [o be
advertised for bids for construction.
BE [T FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the nrovisions
of the notice to bidders hereby approved as a
Dart of the plans anc saecifications heretofore
aaopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
'mprovements herein provided, to be 3ublished
~n a newspaper having general circulation in the
City of Dubuque, iowa, which notice shall not be
lass than four days nor more than forty-five days
pdor to the receipt of said bids at 2:00 p.m. on
the 6TM day of March. 2002. Bids shall be opened
and road by the City Clerk at said time and will
be submitted to the Council for final action
6:30 p,m. on the 18TM day of March, 2002.
Passed. approved and adopted this 4in day of
February, 2002.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved aooption of the Resolution.
Seconded by Buol. Motion carried
Woodward Museum Restoration Project-
initiate: City Manager recommending initiation of
the bidding process for Woodward Museum
Restoration Project and that a 3ublic hearing be
set for March 18, 2002. presented and reao,
Markham moved that the communication 3e
received and tiled. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 66-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE. BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. OWA:
That the proposed 31aris, specifications, form
of contract and estimated cost for the Woodward
Museum - 2002 Renovations Project, in the
estimated amount of $400,923.00, are hereby
approved and ordered fi]ed in the office of the
City Clerk for public inspection.
Passed. approved and adopted this 4TM day of
February, 2002.
Temance M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by BuoL Motion carried 7-0.
RESOLUTION NO. 67-02
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas. the City Counci of the City of
Dubuque, iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the off.Ice of the City Clerk for public inspection
of the Woodward Museum - 2002 Renovations
Project.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 18TM day of March. 2002. a public
hearing will be held at 6:30 p.m in the Public
Library Auditorium au which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time aha place of such headng to be
published n a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the ~eadng, any interested
person may appear and ~ile objections to the
proposed plans, scecificafions con[rac[, or
estimated cost of the imorovemenu
Passed. approved and adoeted this 4~ day of
February, 2002,
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Markham moved adoption of the Resolution
and set Public Hearing for 3/18/02 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 Buol. Motion carried 7-0.
RESOLUTION NO. 68-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. OWA:
That the Woodward Museum - 2002
Renovations Project is hereby ordered to ~e
advertised for bids for construction.
BE IT FURTHER RESOLVED. that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
aooptod
That the City Clerk is hereby directed to
advertise for 3ids for the construction of the
improvements herein provided, to be nublished
'n a newspaper having general cimulation in the
City of Dubuque, iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 6 day of March, 2002. Bids shall be opened
ano read by the City Clerk at said time and will
be submitted to the Council for final action au
6:30 p.m. on the 18~" day of March, 2002.
Passed, approved and adopted this 4~n day of
February, 2002
Torrance M. Duggan, Mayor
Regular Session, February 4, 2002 43
Attest: Jeanne F. Schneider. City Clerk
Markham movea adoption of the Resolution.
Seconded by Buol. Motion carded 7-0
At 7:27 P.M. Buoi moved it was resolved to go
into Closed Session re: Acquisition of Property -
Iowa Code Chapter 21.5(1)(j). Seconded by
Michalski. Motion carried 7-0.
At 7:50 P.M. Council reconvened Regular
Session stating that staff had been given
direction.
There being no further business, Buol moved
to adjourn. Seconded by Markham. Motion
carded 7-0. The meeting adjourned at 7:51 P.M.
Is/Jeanne F. Schneider. CMC
City Clerk
It 2/13
Approve
Approved July 1, 2002
Adopted July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Attest:
/s/ Jeanne F. Schneider
.(;~y Clerk
44 Special Session, February 6, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Special Sessior February 6.
2002
Council met in seecial session at 6:15 p.m. m
the Library Auditorium
Present: Mayor Duggan, Council Members
Buo[ Cline, Corinors. 'Markham. Michalski,
Nicholson: City Mar]ager Michael Van Milligen
Mayor Duggan read the call and stated this is
a seecial session of the City Council called for
the purpose of discussing various City budgets.
The Human Rights Department, Finance
Department. City Manager's Office, City Council,
City Clerk's Office, and Legal Department
budgets were presented and discussed.
There being no further business. Buol moved
To adjourn. Seconded by Cline, Motion carried
7-0. The meeting adjourned at 7:52 p.m.
/s/Jeanne F. Schneider
City Clerk
It 2/13
Approved July 1, 2002
Adopted July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jeanne F. Schneider
Cou'~Cil Members
Special Session, February 14, 2002 45
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Sessior~. February 14.
2002
Council met in special session at 6:15 p.m. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buo[, Cline, Connors, Markham, Michalski,
Nicholson; City Manager Michael Van Milligen
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City budgets
and such other business that may come before
the Council.
City Manager recommending acceptance of a
no-interest loan from Dubuque County To
complete the downtown fiber optics loop that
connects all City facilities to the City's central
compu[er system as the current loop is
inter[edng with construction of the Dubuque Law
Enforcement Center Expansio~ Project,
presented and read. Markham moved that the
communicatior be received and filed and
approved recommendation, Seconded by BuoL
Motion carried 7-0.
The Engineering Division Water Pollution
Control Plant, Operations and Maintenance
Department. and Building Services Department
budgets were presented and discussed.
There being no further business. Markham
moved to adjourn, Seconded by Buol. Motion
carded 7-0. The meeting adjourned a[ 8:33
p.m.
Approved: July 1, 2002
Adopted: July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jeanne F. Schneider
City Clerk
Council Members
rs/Jeanne F. Schneider
City Clerk
2/20
46 Regular Session, February 18, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, February 18,
2002
Council met in Regular Session at 6:30 P.M. in
the Ubrary Auditorium
Present: Council Members Buol, Cline.
Connors. Markham. Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation
Counsel Barry Lindahl.
Absent at Roll Call: Mayor Duggan.
Mayor Pro-Tern Michalski read the call and
stated this is the regular session of the City
Council for the purpose of acting upon suck
business that may properly come before the City
Council.
Invocation was given by Father Scott Bullock,
Director of Seminarians, Archdiocese of
Dubuque.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
1/28: Civil Service Commission of 1/3; Human
Rights Commission of 1/14; Mechanical Code
Board of 1/31; Park and Recreation Commission
of 1/8; Plumbing 9oard of 1/29; Zoning Advisory
Commission of 2/6, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Cline, Motion carried 6-0.
Proof of publication of City Council
proceedings of 1/21; proof of publication of list of
claims and summary of revenues for the month
ending December 31,2001, presented and read.
Buol moved that the proofs be received and
filed. Seconded by Clthe. Motion carried 6-0.
Pdnted Council ~mceedings for December,
2001 omsented and read, Buol moved that the
proceedings be approveo as ednted. Seconded
by Cline. Motion carded 6-0.
Chamber of Commerce Convention aha
Visitors Bureau Quarterly Report, presented aha
read. Buol moved that the communication De
reca~ved and filed. Seconded by Cline. Motion
carded 6-0.
Finance Director Ken TeKippe submitting rne
City of Dubuque Financial Reports for the month
ending January 31. 2002, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline, Motion carried 6-
0,
Notice of Claims/Suits: Shirley 3long in
undetermined amount for proper~y damage;
Deborah S. DeVenuta in estimated amount of
$393.53 for vehicle damage; Jorja's Restaurant
and Lounge in estimated amount of $129.47 for
property damage; L & Building Company in
estimated amount of $1.108.12. presented and
read. Buol movec that the claims and suits be
referred to the Legal Staff for investigation and
report. Seconded by Cline. Motion carried 6-0.
Corporation Counsel advising that the
following claims have been referred [o Public
Entity Risk Services of iowa. the agent for the
Iowa Communities Assurance Pool: Shirley
Blong for property damage; Fred White for
property damage, presented and read. Buol
moved that the communications be received and
filed and concurred with the disposition.
Seconded by Cline. Motion carried 6-0.
Mechanical Boarc of Examiners: Building
Services Manager Rich Russell advising that
there is a vacancy on the Mechanical Board of
Examiners due to the death of Board Member
Bob Bush. oresented and read. Buol moved that
[he communication be received and filed,
Seconded by Cline. Motion carried 6-0.
Civil Service Commission: Civi; Service
Commission submittin§ [he certified lists for the
positions of Aquatics and Therapeutic
Recreation Supervisor and Sanitation Driver.
presented and read.
February 8, 2002
Honorable Mayor and Members of the City
Council
In accordance with Chaeter 400 of the 2001
Code of iowa. an examination for the position of
Aquatics and Theraoeutic Recreation Supervisor
was conducted. We hereby certi~ that the
individuals listed below have passed this written
examination and the vacancy for this 3osition
should be made from this list and that this list is
good for two (2) years from above date.
Acuatics and Therapeutic Recreatior
Supervisor
Janna Beau
Stephanie Hess
Todd Gil[igan
Respectfully submitted,
/s/Merle Duehr. Chairperson
/s/Richard Wedzberger
Civil Se~ice Commission
Buol moved that the above Civil Service
certification be received and filed and made a
matter of record. Seconded by Cline. Motion
carried 6-0.
Regular Session, February 18, 2002 47
February 8, 2002
Honorable Mayor and Membem of the City
Council
In accordance with Chaoter 400 of the 2001
Code of iowa. an examination for the position of
Sanitation Driver was conducted on January 22,
2002. We hereby certify that the individuals
listed below have ~assed this wdtten
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,
SANIATION DRIVER
Garry Clauer
Matthew Cooper
Philip Schoenberger
Respectfully submitted,
/si Merle Duehr, Chairperson
/s/Richard Wer~berger
Civil Service Commission
Buol moved [hat the above Civil Service
certitication be received and filed and made a
matter of record. Seconded by C[ine. Motion
carried
Hazard Mitigation Plan: Communication from
Darwin Polk, East Central Intergovernmental
Association. requesting [hat the City consider a
Resolution formally adopting the Dubuque
Hazard Mitigation Plan. which the Council
approved on February 4, 2002, presented and
read. Buol moved that the communication be
received and tiled. Seconded by Cline Motion
carried 6-0
RESOLUTION NO. 69-02
APPROVING AND ADOPTING THE
DUBUQUE HAZARD MITIGATION PLAN
WHEREAS, the Dubuque Hazard Mitigation
Plan was presented to the Dubuque Cit7 Council
on February 4, 2002; aha
WHEREAS, said Hazard Mitigation Plan was
prepared in accordance with the Model Hazard
Mitigation Plan Handbook provided by the Iowa
Emergency Management Division; and
WHEREAS, said Hazard Mitigation Plan
identifies the City's potential hazards in the
community; and
WHEREAS, said Hazard Mitigation Plan
assesses [he ongoing mitigation goals in the
community, evaluates the mitigation alternatives
that should be undertaken, and summarizes the
strategies for implementation: and
NOW THEREFORE BE IT RESOLVED that
the Cti7 Council of the City of Dubuque does
hereby approve and adopt the Dubuque Hazard
Mitigation Plan this 18th day of February, 2002.
Ann E. Michalsld, Mayor Pra-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution,
Seconded by CIine. Motion carried 3-0.
Mediacom Communications Corporation:
Communication from City Manager Michael C.
Van Milligen to Bruce Gluckman, Vice President
of Legal and Regulatory Affairs for Mediacom
Communications Coraoration, regarding
franchise fees, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carded 6-0.
Department of Public Defense - Emergency
Management Division: Communication of City
Manager Michael C, Van Milligen to Ellen ~1.
Gordon, Administrator of the Iowa Department of
Public Defense Emengency Management
Division regarding Dubuque County's
compliance status with State of Iowa Code
Section 29C.9(8), presented and read. Buol
'noved that the communication be received and
flied. Seconded by Cline. Motion carried 6-0.
Legislative Correspondence: Communication
of City Manager Michael C. Van Milligen to area
legislators advising that the City supporm a bill
being considered in the House to set the tax rate
at the Dubuque Greyhound Park and Casino at
28 percent, presented and read. Buol moved
that the communication oe received aha filed.
Seconded by Cline. Motion carded 6-0.
State Historical Society of Iowa:
Communication fram the State Historical Society
of Iowa advising that the Four Mounds Estate
Historic Distdst, and the Town Clock Building
have been listad in the National Regis[er of
Historic Places effective January 24, 2002,
presented and read Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carded 6~0.
Eagle Point No. 2 - Final Plat: Zoning Advisory
Commission recommending approval of the final
plat of Eagle Point No. 2 Subdivision at the end
of Rhomberg Avenue in the City of Dubuque and
Dubuque County as requested by the City of
Dubuque, and a Resolution Approving the final
plat of Eagle Point No. 2 in the City of Dubuque,
Iowa, presented and read,
John Duccini spoke and requested that this
item be tabled. Rita Johnson sooke and
requested that this be adoated as
recommended.
Nicholson moved to table this matter for one
month, Seconded by Markham, Motion carried
6-0.
Sullivan's Addition Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of Lots I through 6 of Sullivan's
Addition on West 32~a Street west of Fink Street
in the City of Dubuque and Dubuque County as
requested by James and Anita Sullivan,
presented and read. Buol movec that the
48 RegularSessio~ February 18,2002
communication be received and filed. Seconded
by Cline. Motion carded $-0.
RESOLUTION NO. 70-02
RESOLUTION APPROVING THE FINAL PLAT
LOTS I THRU 6 OF SULLIVAN'S ADDITION
iN THE CITY OF DUBUQUE, IOWA
Whereas. there has been filec with the City
Clerk a Final Pla! Lots 1 thru 6 of Sullivan's
Addition in the City of Dubuque, iowa; and
Whereas, said plat of survey has beer
examined by the Zoning Advisory Commission
and had its approval endorsed thereon: an(]
Whereas, said plat of survey nas oeen
examined by the City Council and they find that
it conforms to the statutes uno ordinances
relating thereto.
NOW THEREFORE. BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Final Plat Lots 1 thru 6.of
Sullivan's Addition is hereby approved, and the
Mayor and City Clerk are hereby authorized uno
directed to endorse the approval of the City of
Dubuque, Iowa upon said final plat,
Passed. approved and adopted this 18TM day of
February, 2002.
Ann E. Michalski. Mayor Pre-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0,
Westview Shopping Center Place No. 2 - Plat
of Survey: Zoning Advisory Commission
recommending approval of the plat of survey of
Lot 1-2A and Lot 2-2A of West'view Shopping
Center Place No. 2 located in the 1800 block of
John F. Kennedy Road as requested by Key
City Investment Company, presented and read.
Buol moved that the communication be received
and filed. Seconded by Niche[son. Motion
carded 6-0.
RESOLUTION NO. 71-02
RESOLUTION APPROVING THE PLAT OF
SURVEY OF LOT 1-2A AND LOT 2-2A OF
WESTVIEW SHOPPING CENTER PLACE NO.
2 IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been fi]ed with the City
Clerk a plat of survey Lot 1-2A and Lot 2-2A of
Westview Shopping Center Place No. 2 in the
City of Dubuque, Iowa; and
Whereas, said plat provides Lot 1-2A with
25.03 feet of lot frontage and 5.982 square feet
of lot area. and Lot 2-2A with 25.07 feet of lot
frontage and 5.994 square feet of lot area.
where 60 feet and 6.000 square [eet
respectively is required by Section 42-19(b) of
the Subdivision Regulations; and
Whereas. said 3lat of survey has been
examined by the Zoning Advisor7 Commission
and had its approval endorsed thereon; and
Whereas, said plat of survey has oeen
examined by the City Council and they find that
it conforms to the statutes uno ordinances
relating thereto.
',IOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section I That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1-
2A with 25.03 [eet of lot frontage and 5.982
sauare feet of lot area, and Lot 2-2A with 25.07
feet of lot frontage uno 5,994 scuare feet of lot
area. where 60 feet and 6.000 square feet
respectively is required.
Section 2. That the olat of survey Lot 1-2A and
Lot 2-2A of Westview Shopping Center Place
No. 2 is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa upon said final plat.
Passed. approvea uno adopted this 18th day
of February 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol movee adoption of the Resolution.
Seconded by Cline. Motion carded 6-0,
Westview Shopping Center Place No. 3 - Plat
of Survey: Zoning Advisory Commission
recommending approval of the plat of survey of
Westview Shopping Center Place No. 3 located
in the 1800 block of John F. Kennedy Road as
requested by Key City Investment Company,
presented and reao. Buol moved that the
communication De received and filed. Seconded
ey Cline. Motion carded 6-0.
RESOLUTION NO. 72-02
RESOLUTION APPROVING THE PLAT OF
SURVEY OF WESTVlEW SHOPPING CENTER
PLACE NO. 3 IN THE CITY OF DUBUQUE,
IOWA,
Whereas. there has been filed with the City
Clerk a plat of survey Westview Shopping
Center Place No. 3 in the City of Dubuque, Iowa;
an(J
Whereas. said plat provides Lot 1 with 0 feet of
lot frontage, where 60 feet is required by Section
42-19(b) of the Subdivision Regulations; and
Whereas, said plat of survey has been
examined by the Zoning Advisor7 Commission
and had its approval endorsed thereon: and
Whereas. said plat of survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating thereto.
NOW THEREFORE. BE 'r 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
Regular Session, February 18, 2002 49
with 0 feet of lot frontage, where 60 feet is
required.
Section 2. That the plat of survey of Westview
Shopping' Center Place No. 3 is hereby
approved, and [he Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon said
final plat,
Passed. approved and adopted this 18th day
of February 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Ciine. Motion carded 6-0.
Certified Local Government Grant: City
Manager recommending that the contract for the
design rewew training program for the City's
histodc districts be awarded to The Durrant
Group, presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 6-0.
RESOLUTION NO. 73-02
RESOLUTION APPROVING A CONTRACT
FOR DESIGN REVIEW TRAINING
Whereas, the State Historical Society of iowa
has awarded the City of Dubuque a Certified
Local Government (CLG) grant to develop
design review training program for the city's
historic districts; and
Whereas. the City Council has budgeted funds
for the development of design guidelines for
pdvata properties, public places and
streetscapes in the city's hisfodc districts: and
Whereas, the City Council has determined that
these projects should be completed concurrenlty
and with assistance from a qualified consultant.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council does hereby
award the contract for a design review training
program to the Durrant Group of Dubuque. Iowa.
Sectio~ 2. That [he Planning Services
Manager is hereby authorized to negotiate a
contract with the Durrant Group for this project in
an amount not to exceed $20.000.00.
Passed, approved and adopted this 18th day
of February 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Buo] moved adoption of the Resolution.
Seconded by Cline. Motion carded 6-0.
Phase Il Histodcal/Archtiectura[ Survey Grant
Agreement: City Manager providing a final report
for Phase II of Dubuque's Amhitecturai/Histodc
Survey/Evaluation, presented and read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 6-0.
Woodward Museum - 2002 Renovations
Project: City Manager recommending that
Resolution Nos. 66-02, 67-02 and 68-02 reiaUng
to the Woodward Museum - 2002 Renovations '
Project be rescinded, as the Museum has not
received environmental concurrence from the
Iowa Department of Transportation, presented
and read. Buol moved that the communication
be received ~nd filed, Seconded by Cline.
Motion carded 6-0.
RESOLUTION NO. 74-02
RESOLUTION RESCINDING RESOLUTION
NUMBERS 66-02, 67-02, AND 68-02, GIVING
PRELIMINARY APPROVAL OF PLANS AND
SPECIFICATIONS, FIXING DATE OF PUBLIC
HEARING ON PLANS AND SPECIFICATIONS,
AND ORDERING BIDS FOR THE
WOODWARD MUSEUM - 2002 RENOVA-
TIONS PROJECT
Whereas, by Resolution No. 66-02. the City
Council gave preliminary approval of the p~ans
and specifications; Resolution 67~02 fixed the
date for public headng on the plans and
specifications; Resolution 68-02 authorized and
directed [he advertising of bids for the
Woodward Museum - 2002 Renovations
Project; and
Whereas, subsequent events indicate that the
project cannot proceed on its intended schedule
and the project should be abandoned at this
time.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution Numbers 66-02,
67-02, and 68-02 are rescinded.
Passed, approved and adopted this 18'n day of
February, 2002,
Ann E. Michalski, Mayor Pro-Tam
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carded 6-0.
Bunker Hill Golf Course Management
Agreement: City Manager recommending that
the City enter into a management agreement
with G.M.S., Inc. (George Stephenson) for the
Bunker Hill Golf Course for the period beginning
March 1, 2002 and ending November 30, 2002.
presentec anc read. Buol moved that the
communication be received and filed and
approved Agreement. Seconded by Cline.
Motion carried 6-0.
Statewide Disadvantaged Business Enterprise
(DBE) Certification Program: City Manager
recommending approval of the Statewide Unified
Certification Program for Disadvamageu
Business Enterprises for the City of Dubuque,
presented and read, Buol moved that the
50 Regular Session, February 18, 2002
communication be received and filed. Seconded
by Cline. Motion carded 6-0.
RESOLUTION NO. 75~02
RESOLUTION APPROVING IOWA DEPART-
MENT OF TRANSPORTATION UNIFIED
CERTIFICATION PROGRAM AGREEMENT
Whereas. the Federal Register 49 CFR Part
26 requires the development of a "one-stop'
process for DBE certification. [o De developed
by the end of February. 2002: and
Whereas, the ]owa Department of
Transportation has developed a statewide
Disadvantaged Business Enterprise (DBE)
directory; and
Whereas, ail recieients of US DOT funding are
required to ratif7 and comply with the attached
Unifiec Certification Program (UCP) Agreement
as developeo by the Iowa Department of
Transportation'.
NOW, THEREFORE. BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA: Section 1. That the lows
Department of Transportation's Unified
Certification Program (UCP) agreement is
required [o be ratified and executed by any
recipient of US DOT funding.
Section 2. That the City Council approves of the
requirements as outlined in the attached UCP.
Section 3. That the Mayor be authorized and
directed to execute the UCP on behalf of the
City Council.
Passed. approved and adopted this 18~n day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol movee adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
Project Concern Services Agreement: City
Manager recommending approval of the Project
Concern Driver Services Agreement with
KeyLine from January 1, 2002 to June 30, 2005,
presented an(: read. Buol moved that that
communication be received and filed aris
approved Agreement. Seconded by C[ine.
Motion carried 6-0.
City of East Dubuque Intergovernmental
Agreement: City Manager 'ecommending
approval of an Intergovernmental Agreement
with the City of East Dubuque for minibus
service from March 1. 2002 [o June 30. 2003
presented aha read. Buol moved that the
communication be received and tiled anc
approved Agreement. Seconded by Cline.
Motion carried 6-0.
Historic Bluffs Neighborhood Association: City
Manager submitting a letter of support for the
Historic Bluffs Neighborhood Association's
application to the Dubuoue Racing Association
for streetscape improvements on Loras
Boulevard, presented and read· Buol moved that
the · communication be received and tiled.
Seconded by C[ine. Motion carried 6-0.
Access Agreement - Giese Company, LLC:
City Manager recommending approval of an
Agreement between the City and Giese
Prooerties. L.L.C. to permit access for site
preparation related to the construction of a new
manufacturing facility for Giese Manufacturing
Company, ~nc. in the Dubuque Industrial Center
West, Buol moved that that communication be
received and filed and approved Agreement.
Seconded by Cline. Motion carried 6-0.
Urban Revitalization/Tax Exemption
Applications: City Vlanager recommending
approval of the eligible Calendar Year 2002
Urban Revitalization Applications, oresented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried
RESOLUTION NO. 76-02
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION APPLICA-
TIONS SUBMITTED BY PROPERTY OWNERS
IN RECOGNIZED URBAN REVITALIZATION
AREAS AND AUTHORIZING THE TRANS-
MITTAL OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa,
the Urban Revitalization Act, permits cities to
exempt propers/ taxes for improvements made
to properties in designated revitalization areas;
and
Whereas, Chapter 404 of the Code of Iowa,
Ihs Urban Revitalization Act, permits cities to
exemet property taxes for improvements made
[o properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires
property owners [o submit a wdtten application
for exemption by February 1 of the assessment
year for which the exemption is first claimed,
and further requires the City Council to approve
all applications that meet the requirements of the
adopted Urban Revitalization Plan and forwarc
the approved aoolications [o the City Assessor
· for review by March 1 of each year; and
Whereas, pursuant to the requirements of said
Urban Revitalization Act. the following Urban
Revitalization Areas were established: Jackson
Park. Washington Street, West 11~ Street,
Upper Main Street. and Stout Place; and
Whereas, the City Clerk of the City of
Dubuque, as of February 1. 2002, received tax
exemotion applications from the following
property owners in the aforementioned urban
revitalization district.
West 1 l'n Street Urban Revitalization Area
Regular Session, February 18, 2002 51
Anna and Lyle Elliot Sr. ,767 University
Gloria Ede, 640 West 11th
Steve and Held] McDonald. 945 Spruce
Gary and Suzanne Noack, 586-590 Arlington
Agnes Piersch, 1047-1049 Bluff
Janet Oswald, 485 Arlington
Tam] and Todd Swift, 1260 Alta Vista
James and Marsha Scovel, 1272 Locust
Denise and John Hennieg, 452 Loras Blvd
Amanda Brewer. 879 Rose
Jim and Victoda Collins, 1290 Belmon[
Deborah LaBeau. 1133 Highland Place
Jackson Park Area
Amy Boyn[on, 199 Loras
Carol Fry, 267W. 17th
Washinqton Street Urban Rev~alization Area
Mamella Riesselman, 1629 Jackson
Brian Chamberlen, 1839 Washington
Upper Main Urban Revitalization Area
Kenneth J Moore, 140 Lores
Kenneth J. Moore, 1195-1199 Central
Stout Place
MetroPlains Development, 125 W.9'" Street
Whereas the Housing and Communit7
Development Department and Building Services
have reviewed the above-described applications
and inspected the properties, and have
determined that the applications and the
improvements conform to all requirements of the
City of Dubuque's Urban Revitalization Plan
contingent upon obtaining ail required building
permits.
NOW THEREFORE, BE IT RESOLVED BY
THE CtTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
exemption applications meet the requirements of
]he City of Dubuque's Urban Revitalization Plan,
Section 2. That the above-described tax
exemption applications are hereby approved by
/he City Council, subject to obtaining all
necessary building permits and subject to the
review and approval of the City Assessor.
Section 3. That the City Clerk is hereby
authorized and directed to forward the above-
described tax exemption applications to the City
Assessor
Passed, approved and adopted this 18TM day of
Februar~ 2002.
Terrance M. Deggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Cline. Motion carried 8-0.
RESOLUTION NO. 77-02
RESOLUTION APPROVING LATE FILED
RESIDENTIAL PROPERTY TAX EXEMPTION
APPLICATIONS SUBMI'I-rED BY PROPERTY
OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND AUTHOR-
]ZING THE TRANSMITTAL OF THE
APPROVED APPLICATIONS TO THE CITY
TAX ASSESSOR
Whereas. Chapter 404 of the Code of iowa,
the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made
to properties in designated revitalization areas;
and
Whereas the Urban Revitalization Act requires
property owners to submit a written application
for exemption by February 1 of the assessment
year for which the exemption is first claimed, yet
provides for the accep[ance, by Resolution of
the City Council, of applications filed beyond the
legislated deadline and further requires the City
Council to approve ail applications that meet/he
requirements of the adopted Urban
:~evitalization Plan and forward the approved
applications to the City Assessor for review by
March I of each year; and
Whereas; pursuant to the requirements of said
Urban Revitalization Act, the West 11th Street
Urban Revitalization Areas was established: ano
Whereas, the City Clerk of the City of
Dubuque, as of February 1, 2002. received a tax
exemption application for improvements made in
previous years from the following property owner
in the aforementioned urban revitalization district
West 11th Street Urban Revitalization Area
YEAR
Thomas and Jane Sheldon, 561 Chestnut
1998
Whereas, the Housing and Community
Development Department and Building Services
have reviewed the above-described applications
and inspected the properties, and have
determined ]hat the applications and the
~mprevements conform to ali requirements of the
City of Dubuque's Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
exemption application meets the requirements of
the City of Dubuque's Urban Revitalization Plan.
Section 2. That the above-described tax
exemption application is hereby approved by the
City Council, subject to the review and approval
of the City Assessor.
Section 3. That the City Clerk is hereby
authorized and directed [o forward the above~
described tax exemption application to the City
Assessor.
Passed, approved and adopted this 18'" day of
February 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Cline. Motion carried 3-0.
Allan and Urbain Contract - Acceptance: City
Manager recommending acceetance of the
contract with Alien and Urbain Associates for
52 Regular Session, February 18, 2002
City-owned improvements for the building at
Third and Main Streets in the ~inal contract
amount of $342,428.68, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 6-
0.
RESOLUTION NO. 78-02
ACCEPTANCE OF CONTRACT BETVVEEN
THE CITY OF DUBUQUE AND ALLEN &
URBAIN ASSOCIATES FOR THE CITY
OWNED IMPROVEMENTS FOR THE
BUILDING ON THIRD & MAIN STREETS
Whereas. the contract between the City of
Dubuque and Allen & Urbain Associates for the
management and construction of the public
improvement portions of the buildin.c located at
Third and Main Streets; and
Whereas, these ~mprovements included the
south sidewalk plaza retaining walls and
sidewalk on the east elevation, historic light
fixtures, a bdck fa(;ade over the Main Street
entrance into the new parking ramp, and
construction of a retaining wall and sidewalk
adjacent to the Third Street overpass
NOW, THEREFORE, BE T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $342,428.68 and the
said amount shall be paid from the Parking
Construction Fund.
Passed approved and adopted this 18'" day of
February, 2002.
Ann E. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Bcoi moved adoption of the Resolution.
Seconded by Cline. Motion carried 640.
RESOLUTION NO. 79-02
ACCEPTANCE OF CONTRACT BETWEEN
THE CITY OF DUBUQUE AND ALLEN &
URBAIN ASSOCIATES FOR THE CITY
OWNED IMPROVEMENTS FOR THE
BUILDING ON THIRD & MAIN STREETS
Whereas, the contract for the completion of the
contract between the City of Dubuque and Allen
& Urbain Associates has been comoleted and
the Economic Development Director has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs:
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $342.428.68 and the
said amount shall be paid from the Parking
Construction Fune.
Passeo, approved and adopted this 18~" day of
February, 2002.
Ann E. Michalsk= Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carded 6~0,
Northwest Arterial: Communicatior of David
W. Leifker to the Iowa Department of
Transportation regardthg traffic signals on the
Northwest Artedal Extension. oresented and
read. Buol moved that the communication 3e
received and filed. Seconded by Cline. Motion
carried 6-0.
Business Licenses:
RESOLUTION NO. 80-02
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have ~een 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
Nash Finch Company Econo Foods~ 471+
(Sunday Sales) 3355 JFK Rd
Passed. approved and adopted this 18th day
of February, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider. Cit7 Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 6-0.
RESOLUTION NO, 81-02
Whereas. applications for Liquor Licenses
have been submitted to this Council for approval
and the same '~ave beer examined and
approved: anc
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 lhey have flied proper
3onds.
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
CueMaster. Limited Cue Master Billiards+
Regular Session, February 18, 2002 53
(Sunday Sales) 900 Central Ave
Hammerheads Inc Hammerheads BaflBi[liards+
(Sunday Sales)
Melvin Spiegelhaiter
Chi Chi Inc
(Sunday Sales)
The Busted Lift
2095 Kerper Blvd
Clubhouse
2364 Washington
Chi Chi's Mexican Restr+
800 Wacker Dr
The Busted Lift
(2 Day Outdoor Service) 180 Main St
CLASS "B' WINE
Nosh Finch Company Econo Foods # 471
3355 JFK Rd
Passed, approved and adopted this 18~n day of
February, 2002.
Ann E. MichalskL, Mayor Pre-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved aaop6ec of the Resolution,
Seconded b~, Cline. Motion carried 6-0.
Mayor Duggan entered the Chambers at 7:46
P.M,
BOARDS/COMMISSIONS
Appointment to the following Board:
HOUSING CODE APPEALS BOARD (Two
three-year rerms expiring 1/11/05 - Hannah and
Sampson). Applicants: Tom Hannah. Rober[ L.
Sampson. Markham moved that Mr. Hannah
anc Mr. Sampson be reappointed to three year
terms expidng 1/11/05, Seconded by Nicholson.
Motion carried 6-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to speak. Seconded by
Nicholson. Motion carded 6-0.
Markham moved to remove tile following item
from the table. Seconded by Nicholson. Motion
carded 6-0,
White Street Reconstruction Project: Proofs of
publication on notice of headng and ~otice to
bidders on the receipt of bids, and City Manager
recommending award of the contract to W C,
Stewar[ Construction. Inc.; Communication from
Richard Kieffer, et al, regarding the White Street
3roject; Communication from Eno Rae-Lienne
Potter, 2268 White Street, expressing concern
regarding the cost of the improvements;
Communication from Brenda Lee Thurston
Burke, objecting to the ~ublic improvement
assessment for reconstruction of White Street;
Communication from Karen M. and Mark J.
Kuhle regarding the White Street reconstruction
project; Communicafion of Ellis Swartz, 2665
Jackson Street, objecting to the assessments for
the reconstruction of White Street. presented
and read. Markham moved that the proofs and
communications be received and filed.
Seconded by Nicholson. Motion carded 7-0.
Richard Kieffer, 2260 White St., scoke stating
of the City's need to address existing problems
and also questioned the narrowing of a portion
of the street as well as the concrete thickness.
Stanley Schroeder, 2244 White St. spoke
agreeing with Mr. Kieffer.
Roe Lienne Porter, 2268 White St., spoke
agreeing with Mr. Kieffer and requeste(~ some
adjustments that would alleviate speeding
vehicles.
RESOLUTION NO. 82-02
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE WHITE
STREET RECONSTRUCTION - 21sT TO 32ND
STREET PROJECT SUPPLEMENTAL
ASSESSMENTS TO RESOLUTION NO. 23-02
Whereas, the City Council has proposed a
Resolution of Necessity for the White Street
Reconstruction - 21s~ to 32® Street Project -
Supplemental Assessments to Resolution 23-02.
has given notice of the public hearing thereon as
required by law; and
Whereas, the public headng has been held, all
persons offering objections have been heard
and consideration g~ven to all objections and is
pending before this Council; and
Whereas, this is [he time and place set as
provided for the taking of acfion on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
x Adopted, without amendment, and all
objections fi[ed or made having been
dully considered are overruled.
__Adopted as amended by the Schedule
of Assessments affached hereto as
Exhibit A, and made a part hereof by
reference. All objections filed or made
having been duly considered are
overruled.
Deferred for later consideration Lo a
City Council meeting [o be held on the
day of, 2002, next at 6:30 p.m. ~n,
with jurisdiction retained for further
consideration and action at the
adjourned meeting.
Abandoned.
Passed, adopted and approved this 18'" day of
February, 2002.
Ann E. MichalskL Mayor Pre-Tern
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0,
54 Regular Session, February 18, 2002
RESOLUTION NO. 83-02
AWARDING CONTRACT
Whereas, sealed proposals have been
submit[ed by contractom for the White Street
Reconstruction - 21s~ to 32n° Street Project
pursuant to Resolution No. 555-01 and notice to
bidders published in a newspaper published in
the City of Dubuque, iowa on the 11~n day of
January, 2002.
Whereas. said sealed proposals were opened
and read on the 7th day of February. 2002. and
it has been determined that the bid of W.C.
Stewart Construction Co. of Dubuque, ~owa, in
the amount of $2.541.474.40 was the lowest bid
for the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. OWA:
That the contract for the above improvement
be awarded to W.C. Stewad Construction Co.
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
approval of the contractor's bond. the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed. approved and adopted this 18tn day of
February, 2002.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Area Residential Care Foundation/Health
Services Credit Union: Proof of publication on
notice of hearing to consider rezoning pmper~y
located at the end of John F. Kennedy Cimie
from C-3 General Commercial District to R-4
Multi-Family Residential District at the request of
Area Residential Care Foundation and Zoning
Advisory Commission recommending approval,
presented and reaa. Buol moved that the proof
and communication be 'eceived an(: filed.
Seconded by Markham. Motion carried 5-0.
Jori Romaine of Area Residential Care. Joe
Gonzalez of 5306 S. Mound Rd. Sherrill, IA and
Pat Friedman al spoke in suppor[ of the
proposed rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance] of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property [ecated at end of John F.
Kennedy Circle from C-3 General Commercial
District to :~-4 Multi-Family Residential District.
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 6-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT END
OF JOHN F. KENNEDY CIRCLE FROM C-3
GENERAL COMMERCIAL DISTRICT TO R-4
MULTI-FAMILY RESIDENTIAL DISTRICT.
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 ~reperty as shown ~n
Exhibit A. and to the cent.erline of the adjoining
public right-of-way, all in the City of Dubuque,
iowa from C-3 General Commercial District to R-
4 Multi-Family Residential District: and
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Qrdinaece shall take effect
immediately upon publication, as provided Dy
law.
Passed. approved and adopted this 18th day
of February 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26t~ day of FebruarY, 2002.
Jeanne F. Schneider, City Clerk
Buol moved [hat 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 Markham. Motion carried 6-0
Dubucue Industrial Center West - Request to
Rezone: Proof of publication on notice of
hearing [o consider rezoning property located at
Chavenelle Drive, east of Seippel
Road/Dubuque Industrial Center West. from AG
Agricultural to PUD Planned Unit Development
with a PI Planned Industrial District designation
at the request of the City of Dubuque and the
Zoning Advisory Commission recommending
approval, aresented and read. Buol moved that
the proof be received and filed. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying
hereinafter described property located east of
Seippe[ Road and ~orth of the County Farm
Regular Session, February 18, 2002 55
from AG Agricultural to PUD Planned Unit
Development Distdct with a PI Planned
industrial District designation and adopting an
amended Conceptual Development Plan, with
conditions, for the Dubuque Industrial Center
West, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 07-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRIB-
ED PROPERTY LOCATED EAST OF SEIPPEL
ROAD AND NORTH OF THE COUNTY FARM
FROM AG AGRICULTURAL DISTRICT TO
PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PI PLANNED INDUSTRIAL
DISTRICT DESIGNATION AND ADOPTING AN
AMENDED CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS, FOR THE
DUBUQUE INDUSTRIAL CENTER WEST,
NOW, THEREFORE, BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter
described property from AG Distdct [o ~UD
Planned Unit Development District with a PI
Planned [hdustfial oes~gnation and adopting an
amended conceptual development plan, a copy
of which is attached to and made a part hereof,
with conditions for the Dubuque industrial
Center West as stated below, to wit:
Lot 6, Lot 7, Lot F and Lot G of Dubuque
Industrial Center West and to the centedine of
[he adjoining public fight-of-way, all in the City of
Dubuque, Iowa.
Section 2. Attached hereto and made a part of
[his zoning reclassification appraval s an
amended Conceptual Development Plan for the
Dubuque Industrial Center West Planned Unit
Development. It is recognized that minor shifts
or modifications to the general plan layout may
be necessary and compatible with the need to
acquire workable street patterns, graoes, and
usable buiIding sites. The general plan layout,
including the requirements shall be used as the
implementation guide.
Section 3. Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, the undersigned property
owner(s] agree(s) to the following conditions, all
of which the property owner(s) further agree(a)
are reasonable and imposed to satisfy the public
needs that are caused direly oy the zoning
reclaesification:
A', Definitions
1) Building Related Features
Building related features ara defined as all
constructed items which rise above the grade
aurface of the lot. These include:
a) The pnmary building
b) All accessory or secondary buildinga
c) All exterior storage areas
d) Extedor refuae collection areas
e) Extedor mechanical equipment
f) Containerized or tank storage of liquids,
fuela, gases and other matadals.
2) Vehicle Related Features
Vehicle related featurea are defined as all
areas used for the movement and parking of all
vehicles within the lot. These include:
a) Employee and visitor parking spaces,
b) Driveways from the street fight-of-way line
to and from parking spaces,
c) Loading spaces outside of [he building.
d) Maneuvedn9 spaces outside of the
building.
e) Parking spaces for company-owned
commercial vehicles.
f) Fire lanea.
g) Raikoad tracks.
3) Open Space Featurea
Open space features are defined as those
extedor areas and developed features of the lot
which include:
a) Landacaped space containing awn areas
and plantings.
b) Paved, hard-surfaced, pedestrian areas
such as walkways, plazas, entryways and
courtyards.
c) Surface storm water detention areas not
otherwise used for building-related or vehicle-
related purposes.
d) Open recreation areas and recreational
trail
e) Other non-building and non-vehicular
related space.
B) Use Requlations.
The following regulations shall apply to all
uses made of land in the above-described PUD
Distfict:
Zone A: General Purpose and Description.
Zone A is intended to provide for a limited
amount of commercial development that will
serve industrial park employees with daily
commercial and service needs. The
development of Zone A shall resemble a small
shopping center with shared access, parking
and signage to promote a unified commercial
appearance. Extedor storage is prohibited.
11 Principal permitted uses shall be limited to:
a) Public or quasi-public utilities including
substations-f47].
b) Business services-f29].
c) Gas station/convenience/car wash-ii7]
and [18].
d) Laundry/dry cleaner-ii9].
e) Indoor restaurant-f30].
f) Drive-in/carry-out restaurant-f28].
56 Regular Session, February 18, 2002
g) Drive-up automated bank teller-t8].
h) Banks, savings and loans, and credit
unions-t31].
i) Group day care center-[8].
[ ] Parking group - see Section 4.2 of the
Zoning Ordinance.
2) Conditional uses reserved for fufure use.
3) Accessory uses shall be limited to the
following:
a) Any use customarily incidental and
subordinate to the principal use it serves.
4) Temporary uses shall be limited [o [he
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
'n Section 2-5.3 ano as defined in Section 8 of
the Zoning Ordinance,
Zone B: General Purpose and Description.
Zone B is intended to provide for a variety of
uses primarily involving light manufacturing,
assembly and fabrication warehousing,
wholesaling, office uses and business services.
Exterior storage is prohibited.
1 ) Principal permitted uses shall be limited to:
al Railroads and public or quasi-public
utilities -[47].
b) Corporate offices -[14].
c) Medical/dental lab-t8].
dl Mail-order houses-t23].
e) Printing and publishing-t32].
f) Laboratories for research and engineering-
[33].
gl Wholesale sales/distributor-t29].
h) Vending/game machine sales/service-
if gl.
) old storage/locker plants-['[ 5].
j) Packing and processing of meat, dairy or
food products, no! to include stockyards or
slaughter houses-t33].
k)Tool, die, and patter making-t33].
t) Manufacture. assembly, repair or storage
of electrical and electronic products,
components or equipment-t33]).
m) Warehousing and storage facilities, not to
include mini-warehouses-t33].
n) Manufacturing, processing, fabricatior.,
assembling, packaging or other comparable
treatment of goods or materials, entirely within
enclosed buildings-t33].
[ ] Parking Group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses shall be limited to the
following:
a) Day care center, within a primary
office/industrial building or as ar accessory
structure on the same lot. Day care centers
are subject to state and local regulations.
1} indoor floor area (excluding halls and
bathrooms'~ must De orevided per child in
areas occupied by cdbs as per State Code:
2) Indoor floor area (excluding halls and
bathrooms) must be 3rovided per child in
areas not occupied by cribs times the
icensed capacity as per State code;
3) Fenced outdoor recreation space must
be provided per child using the space at a
given time as per State code:
4) Such facility shall provide for the loading
and unloading of children so as not to
obstruct public streets or create traffic or
safety hazards:
5) All licenses have been issued or have
been applied for awaiting the outcome of the
Board's decision:
6) No group day care center may be
located within the same structure as any gas
station, bar/tavern, automated gas station or
any facility selling, servicing, repa~dng or
renting vehicles:
7) The parking group requirements can be
met-t8];
8) The conditional use applicant certifies
that the premises on which the group day
care center will be located complies with.
and will for so long as the group day care
center is so located, continue to comply with
all local, state and federal regutsfions
governing hazardous substances, hazardous
wastes, and hazardous materta]s, including,
but not limited to Iowa Code chapter 455B
(1991); 42 U.S.C Section 9601 of the
Federal Comprehensive Environmental
Resaonse Compensation and Liability Act:
40 C.F.R. Sect[on 3-2.4: and Section 302 of
the Supertund Amendments and
Reauthodzation Act of 1986; and
9) If the applicant is subject [o the
requirements of Section 302 of the
Superfund Amendments and
Reauthodzation Act of 1986, the Emergency
Management Director shall certify whether or
not the applicant has submitted a current
inventory of ex~remely hazardous
substances kept or stored on the premises. If
any such extremely hazardous substances
are kept or stored on the 3rem[ses. the
applicant shall also post in a conspmuous
place on the premises a notice indicating a
description of the extremely hazardous
substances, and the physical and health
hazards presented by such substances.
3) Accessory uses shall be limited to the
following:
a} Retail outlets withir a primary
office/industrial building, selling products
produced on-site and only as accessory to the
principal use.
b) Any use customarily incidental and
subordinate to the principal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
Regular Session, February l8,2002 57
in Section 2-5.3 and as defined in Section 8 of
[he Zoning Ordinance.
Zone C: General Purpose and Description.
Zone C is intended to provide for a vadety of
uses primarily invoiv[hg light manufacturing,
assembly and fabrication, warehousing,
wholesaling, and office uses. Exterior storage is
ailowec, provided it is screened from view.
1) Principal permitted uses shall De limited to:
a) Railroads and public or quasi-public
utilities -[47].
b) Corporate offices-[14].
c) Medical/dental lab-[8].
d) Mail-order houses-J23].
e) Printing and publishing-J32].
f) Laboratories for research and engineering-
[33].
g) Moving/storage facilities-J33].
h) Wholesale satas/distributo r-[29].
i) Freight transfer facilities-J44].
j) Vending/game machine sales/service-ii 9].
k) Cold storage/locker planta-[15].
I) Packing and processing of meat, dairy or
fooc products, not to include stockyards or
slaughter houses-[33].
m) Tool, die, and patter making-J33].
n) Manufacture. assembly, repair or storage
of electrical and electronic products,
components or equipment-J33]).
o) Warahous[ng and storage facilities, not to
include mini-wa raho uses-J33].
p) Manufacturing, processing, fabrication
assembling, packaging or other comparable
treatment of goods or materials, entirely within
enclosed buildings-[33].
[ ] Parking Group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses shall be limited to the
following:
a) Day care center, within a pdmary
office/industrial building or as an accessory
structure on the same lot. Day care centers ara
subject to state and local regulations
1) indoor floor area (excluding halls and
bathrooms) must be provided per child in
areas occupied by cdbs as per State Code:
2) indoor floor area (excluding halls and
bathrooms) must be provided per child in
areas not occupied by cribs times the licensed
capacity as per State code;
3) Fenced outdoor recreation space must be
provided per child using the space at a given
time as per State code;
4) Such facility shall provide for [he loading
and unloading of children so as not to obstruct
public streets or create traffic or safety
hazards:
5) All licenses have 3een issued or have
been applied for awaiting the outcome of [he
Board's decision;
6) No group day care center may be located
within the same struc[ure as any gas station=
bar/tavern, automated gas station or any
facility selling, servicing, rapa~ring or renting
vehicles;
7) The parking group requirements can be
met-J8];
8) The conditional use applicant certifies that
the 3rameses on which the group day care
center will be located compiles with. and will
for so long as the group day care center ~s so
located, continue to comply with all local, state
and federal regulations governing hazardous
substances, hazardous wastes, and
hazardous matadals, including, but not limited
to Iowa Code chapter 455B (1991); 42 U.S.C.
Section 9601 of the Federal Comprehensive
Environmental Response Compensation and
Liability Act: 40 C,F.R, Section 3-2.4; and
Section 302 of the Superfund Amendments
and Reauthodzation Act of 1986; and
9) If the applicant is subject to [he
requirements-of Section 302 of the Supeffund
Amendments and Reauthorization Act of 1986.
the Emergency Management Director shall
certify whether or not the applicant has
submitted a current inventory of extremely
hazardous substances kept or stored on the
premises. If any such ex~ramely hazardous
substances are kept or stored on the
premises, the applicant shall a~so post in a
conspicuous place on the premises a notice
indicating a descriptio~ of [he extremely
hazardous substances, and the physical and
health hazards presented by such substances,
3) Accessory uses shal] be limited to the
following:
a) Retail outlets withi~ a primary
office/industrial building, selling products
produced on-site and only as accessory to the
pnnc~pal use.
b) Any use customarily [hcidental and
subordinate to the pnnc~pal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
in Section 2-5.3' and as defined in Section 8 of
the Zoning Ordinance.
Zone D: General Purpose and Description.
Zone D is intended to orovide appropriate
locations [or heavy industrial uses. Exterior
storage is allowed, provided it is screened from
view.
1 ) Principal permitted uses shal[ be limited to:
a) Railroads and public or quasi-public utilities
-[47].
b) Corporate offices -[14].
c) Mail order houses-[23].
d) Printing and publishing-[32].
el Laboratories for research and engineering-
[33].
f) Moving/storage facilities-J33].
g) Wholesale sales/distributor-J29].
58 Regular Session, February 18, 2002
h) Freight transfer facilities-t44].
i) Fuel and ice dealers-t33],
j) Cold starage/Iocker plants-ii5].
k) Packing and processing of meat. dairy or
food products, not to include stockyards or
s~augn[er houses-t33],
I) Compounding, processing and packaging of
chemical products-t33],
ml Manufacture, assembly, repair or storage of
electrical and electronic products, components
or equipment-t33]).
n) Warehousing and storage facilities, not to
include mini-warehouses-t33],
o) Manufacturing, processing, fabrication.
assembling, packaging or other comparable
treatment of gooes or materials, entire y within
enclosed buildings-t33].
[ ] Parking Group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses shall be limited to the
following:
a) Day care center, within a primary
office/industrial building or as an accessory
structure on the same lot, Day care centers are
subject to state and local regulations.
1) Indoor floor area (excluding halls and
bathrooms) must be provided per child in
areas occupied by cribs as per State Code:
2) Indoor floor area (excluding halls and
bathrooms) must be provided per child in
areas nm occupied by cribs times the licensed
capacity as per State code;
3) Fenced outdoor recreation space must be
provided per child using the space at a given
lime as per State code:
4) Such facility shall provide for the loading
and unloading of children so as not to obstruct
public streets or create traffic or safety
hazards:
5) Ail licenses have been issued or have
been applied for awaiting the outcome of the
Board's decision;
6) No group day care center may be located
within the same structure as any gas station,
bar/tavern, automated gas station or any
facility selling, servicing, repairing or renting
vehicles:
7) The parking group requirements can be
met-t8];
8) The conditional use applicant certifies that
the premises on which [he group day care
center will be located complies with. and will
for so ~ong as the group cay care center is so
located, continue to comply with all local, slate
and federal regulations governing hazardous
substances, hazardous was[es, and
hazardous materials, including, but not limited
to Iowa Code chapter 455B (1991); 42 U.S.C.
Section 9601 of the Federal Comprehensive
Environmental Resoonse Compensation and
Liability Act; 40 C.F.R. Section 3-2.4; and
Section 302 of the Superfund Amendments
and Reauthodzation Act of 1986; and
9) If the applicant is subject to [he
requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986.
the Emergency Management Director shall
certify whether or not the applicant has
submitted a current inventory of ex[Teroeiy
hazardous substances kept or stored on the
premises. If any such extremely hazardous
substances are kept or stored on the
premises, the applicant shall also post in a
conspicuous place on the premises a notice
indicating a description of the extremely
hazardous substances, and the physical and
health hazards presented by such substances
3) Accessory uses shall be limited to the
following:
a) Retail outlets within a pdmary
office/industrial building, selling products
produced on-site and only as acoessor~ to the
principal use.
b) Any use customarily incidental and
subordinate to the principal use it serves.
4) Teroporary uses shall be limited to the
following:
] Any use listed as a permitted use within the
PUD District of a limited duration as established
in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone E; Genera/ Purpose and Description.
Zone is intended to provide a location for
businesses that require exterior handling or
storage of materials or equiproent. Extedor
handling or storage is allowed, provided it m
screened from view, except along Seippel Road,
where it is prohibited.
1 ) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities -[47].
b) Corporate offices --[14].
c) Medical/dental lab*t8].
d) Mail-order houses-t23].
e) Printing and publishing-t32].
f) Laboratades for research and engineering-
[33].
g) Wholesale salesldistributor-[29],
h) Freight transfer facilities-t44].
i) Fuel and ice dealere-[33].
j) Cold starege/[ocker plants-ii5].
k) Packing and processing of meat. dairy or
food products, not to include stockyaras or
slaughmr houses-t33].
[) Compounding, processing and packaging
of chemical products -[33],
m} Manufacture, assembly, repair or storage
of electrical and electronic products,
components or equipment-t33]).
n) Warehousing and storage facilities, not to
include mini-wa rehouses-t33].
o) Manufacturing, processing fabrication.
assembling, packaging or other comparable
treatment of gooos or materials -[33].
Regular Session, February 18, 2002 59
p) Con~'actors shop/yard-[33].
q) Recycling todustdes entirely within
enclosed buildings with no outdoor storage-
[44].
r) Timber processing-[44].
[ ] Parking Group-See Section 4.2 of the Zoning
Ordinance,
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the
following:
a) Retai outlets within a primary
office/industrial building, selling products
produced on-site and omy as accessory to the
principal use,
b) Any use customarily incidental ano
subordinate to the principal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitteci use within the
PUD District of a limited duration as established
in Section 2-5,3 and as defined in Section 8 of
the Zoning Ordinance.
Zone O: General Purpose and Desedption:
Zone O is intended to serve as an amenity to the
industrial park, providing open space and control
of storm water to protect downstream properties.
1 ) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public
utilities-[47],
b) Parks, nature areas, playgrounds, and
similar recreational uses-J47].
c) Picnic areas-[47].
d) Recreational trails-[47]
e) Club houses, shelter houses, tennis courts,
or playground equipment, or other racraatlonal
buildings and structures when associated with
parks, 3ature areas, playgrounds, recreational
facilities-J47].
f) Construction of dams, reservoirs, or
detention ponds-in/al.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the
following:
a) Any use customarily incidental or
subordinate to the principle use it serves.
4) Temporary uses reserved for future use.
C. Lot and Bulk Requlations.
Development of land in Zones A, B, C. D, E and
O shall be regulated as follows:
1) All building structures and activities shall be
located in conformance with the attached
conceptuai development plan and all final site
development plans shall be approved in
accoroance with provisions of the PUD District
regulations of this ordinance and of Section 3-
5.5 of the Zoning Ordinance.
2) All buildings related features in Zones A, B, C,
D. E and O shall be in accordance with the
following bulk regulations chart:
Minimum Lot Front Side Yard Rear Yard Building
Lot area Frontage Yard Setback Setback Height
in Acres Minimum Setback Minimum Minimum Maximum
Feet Minimum Feet Feet Feet
Feet
ZoneA * ~acre 100 20 10' 20 30
Zone B 2 acres~ 100 50 10 25 50
Zone C 5 acres 100 50 25 25 75
Zone D 10 acres 100 50 25 50 100
Zone E 2 acres 100 50 10 25 50
Zone O N/A N/A N/A NIA N/A N/A
60 Regular Session, February 18, 2002
-0 foot side yard setbacks frorr property lines
shall be permitted for attached buildings.
a) Lots smaller than minimum will be allowed if
the oaroe] is consolidated or combined with a
larger lot. Substations for public and quasi-public
utilities shall be exempt from lot frontage and lot
area requirements.
b) Maximum lot coverage shall be 80 percent.
All building and vehicle related features shall be
considered when calculating total land area
coverage, except fire lanes and railroad tracks.
c) Maximum building height shall be as
stipulated in the bulk regulations chart above,
except the following may exceed the height limit:
cooling towers, condensers, elevator bulkheads,
stacks ano other necessary mechanical
equipment and their protective housing. Heating,
ventilating and air Conditioning (HVAC)
equipmen[ is imited to 10 feet aDove height
limitation, except in Zone A where 30 feet
maximum height includes HVAC equipment.
d} Within required front, side and rear setbacks.
only driveways, fire lanes, railroad tracks, open
space features, and primary and secondary
signage ara allowed. Parking lots may encroach
up to 50% into a required front yard setback.
D. Parkinq and Loadinq Requlations
1) All vehicle-ralated features, except for
railroad tracks shall be surfaced with either
asphalt or concrete.
2) All parking and loading spaces shall be
delineated on the surfacing material Dy painted
strips or other 3ermanent means.
3) The number, size and design of parking
spaces shall be govemeo by applicable
provisions of City of Dubuque Zoning Ordinance
and City standards,
4) The number, size and design and location
of parking spaces designated for persons with
disabilities shall be according to the local state
or federal requirements in effect at the time of
development.
5) The location and number of pdvate
driveway intersections with public streets shall
be reviewed and approved by the City Engineer.
Access shall generally be limited to internal
streets.
6) No on street maneuvering of delivery
vehicles will be allowed on any street. Lots shall
provide all necessary maneuvering space for
delivery vehicles within the boundaries of the
cts.
7) All loading docks for shipping and receiving
of raw and manufactured goods shall be
designed to Provide for the direct movement of
goods between the deliver vehicle and the
interior of the building.
E. Sign Regulations
1) Applicability of Cit of Dubuque Ordinances:
The provisions of the City of Dubuque Zoning
Ordinance Section 4-3 Sign Regulations shall
apply unless further regulated by this section.
2) Off-Premise Signs: Off-premise signs shall
be prohibited.
3) On-Premise Signs: On-premise signs shall
be erected or constructed in accordance with the
following regulations.
a) Allowable content: signs, messages and
graphics shall be limited to the followin~c
contents:
1) Industtfal Center signs: limited to
identification of Dubuque Industrial Center West
Entrance signs
Directory signs
2) Company Primary signs: limited
identification of uses in Zones B, C, D and E
dentification of company name
Identification of company products or services
by generic name only
Graphic symbol or Iago identified wfth the
company
3) Commercial Primary signs: limited to
'dentification of uses in Zone A
Identification of business name
dentification of business products or services
by generic names only
Graphic symbol or Iago identified with the
business
4) Secondary signs: allowable in all zones
Street address
Directional messages necessary for the safe
and efficient flow of vehicular and pedestrian
traffic on the lot
Identification of visitor entrances to the
building, shipping and receiving docks and other
delivery points
Identification of assigneo parking spaces and
parking spaces accessible to persons with
disabilities
Temporary announcements of pending or new
construction
Commemorative messages
b) Schedule of sign regulations: allowable
structural type, size, number and height shall be
imited to the following requirements
Regular Session, February 18, 2002
Type of Sign Maximum Size Maximum Number Allowable Maximum
Structure Height*
Type
industrial Center 200 square feet per s~gn face Six (6) signs Monument 12 feet
Entrance Signs
Industrial Center 30 square feet per sign face Three (3) signs Monument 8 feet
Directory Signs
Company Pdmary 10% of building wall sign is 2 signs per so'est Wal~- Below eave
Signs mounted on or 400 total frontage per business mounted or parapet
square feet of sign area,
whichever is less.
150 square feet per sign face I sign per business Monument 10 feet
restricted to intedor
street frontages only.
Commemial 100 square feet per sign face 2 signs per business Wall- Below eeve
Pdmary Signs provided only I sign mounted or parapet
may be a monument- Monument 10 feet
style sign
Secondary Signs 6 square feet per sign face NO maximum number Wall- Below eeve
mounted or parapet
Monument 6 feet
*The height of monument-style signs shall 'be
measured from average grade to top of sign
structures.
c) Vadances: Vadances from sign
requirements for size, number and height may
be requested. Such variances shall be reviewed
by the Zoning Board of Adjustment in
accordance with Section 5-3 of the Zoning
Ordinance,
d) Lighting: Signs may be illuminated only by
means of indirect lighting, whereby all ~ight
soumes and devices ara shielded from view by
opaque or translucent materials, or internally
illuminated by means of a light source
completely enclosed by the sign panel.
e) Motion: No signs may include any device or
means, mechanical, electrical or natural, which
shall cause any motion of the sign panel or any
par~ thereof. No flashing lights or changing
colors shall be allowed.
62 Regular Session February 18, 2002
F. Exterior Storaqe Requlations
Exterior storage, where allowed, shall not
encroach into a front yard. A front yard may
exceed the required front yard setback. Exterior
storage shall be in accordance with the following
regulationm
Allowable Allowable Allowable Minimu Maximum
Products Stored Location Screening m Height of
MatsHals Opacit7 Screening
Zone A PROHIBITED
Zone B PROHIBITED
Zone C Finished Goods Rear or side Wood, masonPj, 50% 10 feet
yards bdck or stone similar
to buiidin~l color
Zone D Raw or finished Rear or side Similar to building 50% 12 feet
goods; equipment yards color
Zone E* Raw of finished Rear or side Similar to building 100% 15 feet
goods; equipment yards color
Zone O PROHIBITED
*Exterior storage ~s prohibited on lots fronting
Seippel Road.
1)Exterior storage of materials, which could be
blown into the air or strewn about by the wind.
shall be prohibited.
2) The ground area coverage of extedor
storage areas shall be the area contained inside
the required screening, This area shall De
considered to be a building-related feature for
purposes of calculating total land area
coverages.
3) Exterior storage must be screened from
view from adjacent eublic right-of-way, The
screening height shall be measured from the
ground level outside the line of the screen.
Screens built on sloping graces shall be steooed
so that their top line shall be horizontal.
4) Required screening is intended to buffer
surrounding property from the negative visual
impact created by the storage of raw or finished
goods, materials and equipment that can
adversely impact the value of adjacent property.
5)The City Planner may grant a waiver for
screening to exceeo the maxlmurr height
allowed, when topography or height of individual
finished products or equipment could make it
impossible to completely screen a storage area
from avery vantage point. The City Planner may
not grant waiver in maximum screening height
for raw materials or stacked goods.
6) All exterior entrances to a screened storage
area shall be provided with a gate or door of
similar design to that of the screen,
7) Long-term storage of products or materials
in semi-trailers is orohibited,
G. Exterior Trash Collection Area Requirements
1) Exterior trash collection areas shall include
collectior bins, oumps[ers and similar waste
receptacles for the short-term storage and
collection of trash. Trash shall include garbage,
scrap, recyclables, debris and similar materials.
2) The storage of trash shall be limited to that
;~roduced by the principal permitted usc and
accessory uses of the lot. Exterior storage of
trash, which could be blown into the air or
strewn about by the wind. shalt be prohibited.
3) The ground area coverage of exterior trash
collection areas shall be the area contained
inside the required screening, This area shall be
considered a building-related feature for
purposes of calculating total land area
coverages.
4) Exterior trash collection areas shall be
located in rear or side yards only. Exterior trash
collection areas shall not encroach into a front
yard. A front yard may exceed the required front
yard setback.
5) Ali exterior trash collection areas and the
materials contained therein shall be screened
from view from the adjacent public right-of-way,
6) The screening shall be a completely opaque
fence, wall or other feature not exceeding a
height of 10 feet measured from the ground level
outside the line of the screen. Screens built on
sloping grades shall be stepped se that their top
line shall be horizontal.
7) Exposea roateria[s used io construct [he
opaque screen shall be similar in appearance to
materials used for exterior building wails. All
exterior entrances to a screened trash area shall
be provided with a gate or door of similar design
to that of the screen.
8) If a 10-foot high screen fails To shield the
exterior trash collection area from view from the
adjacent public right-of-way, evergreen plantings
may be required in addition to the screening.
Evergreen p[act materials shall be selected and
designed so that they will screen me area from
the adjacent public right-of-way within five (5)
years.
~[. Landscap[hq Requlations
The following Landscape Regulations shall
apply to each lot:
1) Plant Materials: The open space area of
each lot shall be planted with permanent lawn
and ground covers, shrubs and trees, It is the
Regular Session, February 18, 2002 63
intent of these regulations that the development
of required open spaces shall reflect a high
qual~y of environmental design.
2) Landscaping: The following is the minimum
requirement of trees and shrubs, by number and
size, and the type of ground cover required.
Street trees planted in public street right-of-way
shall not be counted toward fulfillment of the
minimum site requirements set forth below,
Plant species to be used for landscaping shall
be in accordance with the City of Dubuque street
tree policy. Existing trees and shrubs to be
retained on site may be counted toward
fulfillment of the landscaping requirements.
a) Minimum tree planting requirements for any
new development in the Dubuque Industrial
Center West shall be one (1) tree of the
following size per 1,600 square feet of required
open space:
40% minimum: 2-2 1/2" caliper diameter
deciduous and/or 8-fo9t height or greater
evergreen.
Balance: I Y2 - 2" caliper diameter deciduous
and/or 6-foot height evergreen.
b) Minimum shrub requirements at the time of
planting for any development in the PUD District,
shall be 6 shrubs, or 1 shrub per 1,000 square
feet of required open space, whichever is
greater. Shrubs shall be a minimum of 18'
height or minimum of one (1) gallon potted.
3) Landscape berms and/or plantings shall be
required as screening for parking areas adjacent
to public streets and shall be a minimum of three
(3) feet in height and can utilize natural grade
changes to achieve the required 50% opacity
landscaping screen. Parking lot screening is in
addition to required landscaping of open space
areas.
4) Trees shall be provided in all parking lot
islands, which are of sufficient size to ensure the
growth and survival of the trees. Trees planted
in parking lot islands may be counted toward the
minimum tree planting requirements.
5) The developer of any lot fronting Seippel
Road and/or Chavanelle Road shall participate
in the planting trees compatible in species and
spacing with tree plantings, which have
previously been completed by the City along
said streets.
6) The iestallation of required planting
matadals may be phased in direct proportion to
the phasing of building construction. Required
landscaping shatl be installed by the date the
Building Services Department issues an
occupancy certificate, or if winter weather
prevents planting, within six months of being
issued an occupancy certificate.
7) To reduce erosion, all disturbed open space
areas shall have ground cover of grass or native
vegetation, which is installed as sod, or seeded,
fertilized and mulched.
8) The lot owner is required to replant any and
ail plant materials, which have died due to any
cause dudng the effective period of this PUD
Ordinance.
9) A detailed landscape plan shall be required
as part of submittal for final site development
plan approval.
10) The area between the public street and the
right-of-way line shall be planted with grass and
maintained by the lot owner.
11) Industrial Center landscaping: Common
areas and streetscapes of the PUD District shall
be in accordance with the landscape plan, a
copy of which is attached and made a part of
this PUD ordinance.
I. Performance Standards.
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
1) Site Lighting: exterior illumination of site
features and location and design of site lighting
shall be in accordance with the following
requirements:
a) Exterior Illumination of site features shall be
limited to the illumination of the following:
Parking areas, driveways and loading facilities
Pedesthan walkway surfaces and entrances to
building
Screened storage areas
Building exterior
b) Location and design of site lighting shall be
in accordance with the following requirements:
All exterior lighting shall be designed, installed
and maintained so as not to cause glare or to
shine in adjacent lots and streets.
No light source shall provide illumination onto
adjacent lots, buildings or streets in excess of
1 .O-foot candle.
All exterior lighting luminaries shall be
designed and installed to shield light from the
luminaire at angles above 72 degrees from
vertical.
Fixtures mounted on a building shall not be
positioned higher than the reefline of the
building.
Wooden utility type poles are acceptable only
for temporary use during construction.
All electrical service lines to posts and fixtures
shall be underground and concealed inside the
posts.
2) Utility Locations: Service lines and
mechanical equipment for utilities shall be
located in accordance with the following
requirements.
a) Service Lines: All electrical, telephone cable
and other similar utility lines serving the building
and other site features shall be located
underground.
b) Mechanical Equipment: All ground-mounted
electrical transformers, switching gear, relay
boxes, meters, air conditioning units, heat
64 Regular Session, February 18, 2002
pumps and other similar mechanical equipment
shall be screened from view. Screening may
consist of plantings or masonry walls. Plantings
shall achieve 50% opacity after three (3)
growing seasons and a masonry wall shall
appear to be an integral part of the building~s
overall architectural design.
3) Site Plans: Final site development plans
shall be submitted in accordance with Section 4-
4 of the Zoning Ordinance pdor to construction
of each building and vehicle-related feature
unless otherwise exempted by Section 4-4.
4) Storm Water Conveyance: The developer of
each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm
water from the lot to ex[sting storm sewers or to
flow line of open drainage ways outside the lot in
a means that is satisfactory to the Public Works
Department of the City of Dubuque. Other
applicable regulations enforced by the City of
Dubuque relative to storm water management
and drainage shall apply to properties in the
PUD District.
5) Pla~ng: The conceptual development plan
shall serve as the preliminary plat for this PUD
District. Subdivision plats and improvement
plans shall be submitted in accordance with
Chapter 42, SubdiviSion Regulations, of the City
of Dubuque Code of Ordinances.
6) Noises: Noises generated within the PUD
District shall be regulated by Chapter 33, Article
IV Noises, of the City of Dubuque Code of
Ordinances.
7) Street Lighting: Streetlights shall be
installed in accordance with City of Dubuque
standards.
8) Flood Plain Regulations: The area of the
PUD District that lies within the flood plain of
Catfish Creek shall be subject to the regulations
of Section 3-5.3 of the Zoning Ordinance.
9) Phased construction of Buildings and
Parking Spaces: The construction of off-street
parking spaces may be phased in proportion to
the percentage of total building floor area
constructed at any one time. Ground area set
aside for future parking, loading spaces or
driveways or for parking provided in excess of
the minimum required number of parking spaces
shall not reduce the minimum required area for
open space.
10) Other Codes and Regulations: These
regulations do not relieve an owner from other
applicable City, County, State and Federal
codes, regulations, laws and other controls
relative to the planning, construction, operation
and management of property in the PUD District.
J. Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan as "open" shall be maintained
as open space, as defined by Section 8 of the
Zoning Ordinance by the property owner and/or
association. The recreational trail shall be
maintained by the property owner and/or
association.
K. Transfer of Ownership
Transfer of ownership or lease of property in
this PUD District shall include in the transfer or
'lease agreement a provision that the purchaser
or lessee acknowledges awareness of the
conditions authorizing the establishment of the'
district.
L. Modifications.
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section ~
of the Zoning Ordinance.
M. Recordinq.
A copy of this ordinance shall be recordec at
the expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as-part of this
reclassification approval within ten (10) oays
after the adoption of this ordinance This
ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 4. The foregoing amendment has
heretofore been revleweo by the Zoning
Advisory Commission of the City of Dubuque,
iowa.
Section 5. The foregoing amendment shall
take effect upon publication, as provided by law.
Passed, approved ahd adooted this 18th day of
February, 2002.
Ann ~. Michalski. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26th day of February, 2002.
Jeanne F. Schneider. City Clerk
ft 2/26
Buol moved that the requirement that a
proposed Ordinance be consideraa and voted
on for passage au two Council Meetings prior to
the meeting at which it s to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by NichoJson. Motion carded 6-0.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
lows.
Zoning Ordinance Text Amendment: Proof of
publication on notice .of headng to consider
amending the Zoning Ordinance to reduce lot.
frontage and lot area requirements in R-1
Single-Family Disthct as requested by the City of
Dubuque and the Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Nicholson.
Motion carried 6-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
Regular Session, February 18, 2002 65
of Ordinances by amending Section 3-1.1(F)
Bulk Regulations for the R-1 Single-Family
Residential District to reduce lot frontage and lot
area requirements for single-family residential
lots, presented and read,
OFFICIAL PUBLICATION
ORDINANCE NO. 8-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING SECITON 3-'1 .'1 iF) BULK
REGULATIONS FOR THE R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO
REDUCE LOT FRONTAGE AND LOT AREA
REQUIREMENTS FOR SINGLE-FAMILY
RESIDENTIAL LOTS.
NOW, THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. Appendix A of the Zoning
Ordinance of the City of Dubuque Code of
Ordinances is hereby amended by amending the
bulk regulations for single-tamily lots as follows:
(F) Bulk Regulations:
Lot area in Lot Coverage Front yard Rear Yard Building
R-1 DISTRICT BULK square feet frontage as%of setbacks Side Yard Setback in Heigh~
REGULATIONS x 1,000 in feet lot area Min. Max Setback. Deo~h in feet
~ermitfed Uses
Sinqid-famity residential 6 S 6~ 5~ 40 20 50 6 20 30
Church (see sectidr 20 100 40 20 20 20 30
2-5.10 of this ordinance
Conditional Uses
Nursery school/davcare 6 60 40 20 6 20 30
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publicafion, as provided by
aw.
Passed, approved and adopted this 18~" day of
February 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph Herald
newspaper this 25~h day of February, 2002.
Jeanne F. Schneider, City Clerk
1 t 2/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meefings pdor to
the meeting at which it is to be finally passed be
suseended and further moved final
consideration and 3assage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
Crescent Heights - Request to Vacate: Proof
of 3ublication on notice of hearing and City
Manager recommending approval of a request
from Larry and Sharon McDermott to vacate a
20-foot wide utility easement on Crescent
Heights, presented and read. Markham moved
that the proof be received and fi[ed. Seconded
by C[ine. Motion carried 6-0.
RESOLUTION NO. 84-02
RESOLUTION DISPOSING OF INTEREST
AND VACATE A 20-FOOT WIDE UTILITY
EASEMENT OVER LOTS 40, 41, AND 42 OF
CRESCENT HEIGHTS IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 8~h day of February, 2002. the City
Council of the City of Dubuque, Iowa met on the
18m day of February, 2002, at 6:30 p.m. in the
Public Library Auditorium. 360 West 11~ Street.
Dubuque, Dubuque, County, Iowa to consider
the proposal for the re~ease of real estate
descdbed as:
A 20-foot ufility easement on Lots 40, 41, and
42 of Crescent Heights in the City of Dubuque,
Iowa, as shown on the attached Exhibit A.
66 Regular Session, February 18, 2002
Whereas, the City Council of the City of
Dubuque. iowa overruled any and all objections.
oral or written to the proposal to dispose of
interest of the City of Dubuque, Iowa. in the
hereinabove described real estate.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa in
real proper~y described as a 20-foot utility
easemen[ on Lots 40. 41, and 42 of Crescent
Heights in the City of Dubuque, Iowa to Larry E.
and Sharon A. McDermott De and the same s
hereby approved for the cost of oublication and
filing fees.
Section 2. That the Mayor be authorized and
directed to execute a Release of Easement. and
the City Clerk be and is hereby authorized and
directed to deliver said Release [o Larry E. aha
Sharon A. McDermott, upon receipt of the above
lees.
Section 3. That the City Clerk be and is hereby
authorized anc directed to record a certified
copy of this resolution in the office of the City
Assessor. Dubuque County Recorder and
Dubuque County Auditor.
Passed. approved and adopted this 18'" day of
February, 2002.
Ann E. Michalski, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Markham movea adoption of the Resolutior
Seconded by Cline. Motion carded 6-0.
Mt. Carmel Sanitary Sewer Extension
Connection Fees: Proof of publication on notice
of hearing aha City Manager recommending
adoptior ct the connection fees for the Mt.
Carmel sanitary sewer extension project,
presented and read. Dual moved that the proof
and communicatior be received and filed.
Seconded by Cline. Motion carried 6-0.
An Ordinance Establishing the VIt. Carmel
Sanitary Sewer Extension Project and a
schedule of fees for the connection of property
to said sewer, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 09-02
AN ORDINANCE ESTABLISHING THE MT.
CARMEL SANITARY SEWER EXTENSION
PROJECT AND A SCHEDULE OF FEES FOR
THE CONNECTION OF PROPERTY TO SAID
SEWER
Whereas. after full consideration of the final
connection fee schedule showing the connection
fees proposed to be made for the Mt. Carmel
Sanitary Sewer Extension Prejec[. which
schedule of connection fees was filed in [he
office of the City Clerk on the 315~ day of
January, 2002: and
Whereas, the City Council has determined that
the amounts shown on said schedule are proper
and are in proportion to the benefits conferred;
and
Whereas. the City Council further finds that the
Mt. Carmel Sanitary Sewer Extension Project
should be established and the connection fee
schedule be approved and adopted.
NOW. THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. There is hereby established the Mt.
Carmel Sanitary Sewer Extension Project and a
schedule of fees for the connection of property
to said City sewer, as shown on the schedule
attached hereto.
Section 2. Eacf person whose property will be
servea by connection to said City sewer shall
pay a connection fee to the City, as s~own on
the schedule attached hereto in the full amount if
the entire DreDerty is connec[ea to said City
sewer, or pro-rated on ti~e basis of the
percentage of area connected as to the total
acreage, = only a portion of the property is
connected.
Section 3. Such connection fee shall be due
and payable when a sewer connection
application is filed with the City. All fees
collected under this Ordinance shall be paid to
the City Treasurer
Section 4. The Cit7 Clerk is hereby authodzec
and directed to certify a copy of this Ordinance
for recording in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 18~ day of
February, 2002.
Ann E. Michalski, Mayor Pre-Tern
Attest: Jeanne F. Schneider, City Clerk
Published off~cially in the Telegraph Herald
newspaper this 25th day of February, 2002.
Jeanne F. Schneider. City Clerk
It 2/25
Dual moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pdor to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 6-0.
Markham movec that the rules be ~einstated
limiting discussion to the Council. Seconded by
Cline. Motion carded 6-0
ACTION ITEMS
Penalties for Tobacco Permit Holdem: City
Manager recommending the assessment of civil
aenalties against nine tobacco permit holders.
Regular Session, February 18, 2002 67
presented and read. Nicholson moved that the
communication be received and filed and
resolved to assess the penalties. Seconded by
Buoi. Motion carried 6-0.
Southem Hills Subdivision Il - Final Plat: City
Manager recommending approval of the final
plat of Lots 1 - 24 inclusive of Block 1, and Lots
A - E inclusive of Southern Hills Subdivision II
located northeast of the Lake Eleanor Road and
Kane Road intersection, presented and read.
Cline moved [o received and filed the
communication. Seconded by Nicho~son. Motion
carded 6-0.
RESOLUTION NO. 85-02
RESOLUTION APPROVING THE FINAL PLAT
OF LOTS '1-24, INCLUSIVE, OF BLOCK 1 AND
LOT A-E OF SOUTHERN HILLS SUBDIVISION
II IN DUBUQUE COUNTY, IOWA
Whereas. there has been filed with the City
Clerk a final plat of Lots 1-24, inclusive, of Block
1, and Lots A-E of Southern Hi~ls Subdivision II;
and
Whereas, upon said plat provides 0 feet of
frontage for Lots B, C, D and E where 60 feet is
required by Section 42-19(b) of the Subdivision
Regulations: and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon, with the
waiver of Article IV Design and Improvement
Standards of the Subdivision Regulations,
except for Section 41-29: and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon: and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOVV THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIE OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Lots and Blocks.
Section 2, That the I~nal plat of Lots 1-24,
inclusive, of Block 1 and Lots A-E. inclusive, of
Southern Hills Subdivision II is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa. upon said
subdivision plat.
Passed, approved and adopted this 18th day
of February, 2002.
Ann E. Michalski, Mayor Pm-Tern
Attest: Jeanne F. Schneider. City Clerk
Clthe moved adoption of the Resolution.
Seconded by Nicholson. Motion carded 6-0.
Mayor Duggan entered the Chambers at 7:46
P.M.
Dubuque Industrial Center West - Final Plat:
City Manager recommending approval of the
final plat of Lot 6, Lot 7, Lot F and Lot G of
Dubuque Industrial Center West to allow for the
sale of Lot 6 for construction of a new industrial
building, presented and read. Cline moved To
received and filed the communication. Seconded
by Nicholson. Motion carded 6-0.
RESOLUTION NO. 86-02
A RESOLUTION APPROVING THE FINAL
PLAT LOT 6, LOT 7, LOT "F" AND LOT "G"
OF DUBUQUE INDUSTRIAL CENTER WEST
IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has Dean filed with the City
Clerk a final plat Lot 6, Lot 7. Lot "F~ and Lot "G"
of Dubuque Industrial Center West in the City of
Dubuque; and
Whereas, upon said final plat appears a street
to be known as Chavene[le Road (Lot F),
together with certain public utility and sanitary
sewer easements which the owners by said final
plat have dedicated to the public forever: and
Whereas, said plat provides 1.831 acres of lot
area for Lot 7, where five (5)of lot area is
required, by Ordinance 14-98. Section (C)(2)
which established the Dubuque Industrial Center
West; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon; and
Whereas. said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it. except
that no streets or public utilities have yet been
constructed or installed.
NOW THEREFORE. BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. iOWA:
Section 1. That the dedication of Chavenelle
Road (Lot F) together with easements for public
utilities and sanitary sewer as they appear upon
said final p]at, be and the same are hereby
accepted, and
Section 2. That the lot area requirement of five
(5) acres established by Ordinance 14-95,
Section (C)(2) is waived to allow Lot 7 to have
1.831 acres of lot area.
Section 3. That the final plat of Lot 6. Lot 7, Lot
"F" and Lot "G~ of Dubuque Industhal Center
West is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
iowa, upon said final plat.
Section 4. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public rights-of-way, including lots
with multiple frontages, as required by City Code
41-16'1 through 41-164. The responsibility shall
68 Regular Session, February 18, 2002
extend to all successors, heirs and assignees,
Sidewalk installation will not be required until the
development of the lot has been completed
except as required herein. Sidewalks shall be
five (5) feet in width and installed one (1) foot
from the property line. All vacant lots shall have
sidewalks installed upon development of 80% of
the developao~e lots approved by the final plat.
Section 5 That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer that all aublic
improvements have been comaleted in
accordance with the ~mprovement plans and City
standards specifications.
Passed. approved and adoeted this 18th day
of Feoruary, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 86-02
I, the undersigned, Terrance M. Duggan,
Mayor, City of Dubuque, having read the terms
and conditions of the Resolution No. 86-02 and
being familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated i~ Dubuque, Iowa this 18th day of
February, 2002.
By:/s/Terrence M. Duggan, Mayor
Cline moved adoptio~ of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Junk Dealers. Secondhand Dealers and
Pawnbrokers Ordinance: City Manager
recommending an amendment to Chapter 29 of
the City of Dubuque Code of Ordinances that
would allow electronic record keeping and add
record keeping requirements for additional items
to the Junk Dealers, Secondhand Dealers and
Pawnbrokers Ordinance, presented and read.
Buo[ moved that the communication be received
and filed. Seconded by Markham. Motion carded
Michael Koch, 1623 Thomas PI., as owner of
Dubuque Jewelry & Loan. spoke stating
opposition to the proposed Ordinance, stressing
that the Police can request records at any time.
Bob Atkinson. 1542 Centra! spoke objecting to
the preposeo Ordinance, stating there's no way
to keep [mCK of some things he has, such as
6,000 3ennies he recently acquired.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 29-2 permitting
electronic record keeping by Dawn snaps and
secondhand dealers and amending Section 29-4
to reouire secondhand transactions involving
collectibles, computers, software, comouter
accessories. CDs DVDs tapes, videos and
other mediums for transmitting ~mages or
sounds be included in the Ordinance, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-02
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 29-2 PERMITTING ELECTRONIC
RECORD KEEPING BY PAWN SHOPS AND
SECONDHAND DEALERS AND AMENDING
SECTION 29-4 TO REQUIRE SECONDHAND
TRANSACTIONS INVOLVING COLLECT-
IBLES, COMPUTERS, SOFT1NARE, COM-
PUTER ACCESSORIES, CDs, DVDs, TAPES,
VIDEOS AND OTHER MEDIUMS FOR
TRANSMITTING IMAGES OR SOUNDS BE
INCLUDED IN THE ORDINANCE.
NOW, THEREFORE. BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 29-2 of the City of Dubuque
Code of Ordinances is amended to read as
follows:
Sec. 29-2 Required records.
When goods or materials described in Section
29~, are received by purchase, as secudty or on
consignment, it shall be the duty of the person or
organization receiving the goods or materials to
permanently record in the English language on
serially numbered, triplicate forms approved by
the chief of police, All forms printed whether
used or voided shall be accounted for by the
licensee. The forms shall contain the following
information,
(1) Name and address of the persor from
whom it was received witl' the means of
identification used, i.e., driver's license birth
certificate, em.,;
(2) Date. time and place of the transaction;
(3) A detailed and accurate descriction of each
article received including serial numbers or
identifying marks, In the case of junk, a general
description of the composition al aggregate
purchase is sufficient;
(4) A record of whether the transaction was a
purchase, a security or consignment transaction:
(5) A record of monies paid or loaned and
which may be maintained separately but which
must be available for inspection in the course of
examination of individual transaction:
(6) A ,ecord of name, address and how an
article was disposed of, f not redeemed. This
subsection does not apply to disposition of junk:
(7) All forms, whether used or not, shall be
maintained in numerical sequence
All receipts and records pertaining to the receist
of gooas and materia s as described m this
article shall ae open to inspection dudng regular
business hours by any police officer acting in the
course of official duty and under the direction of
the chief of police or the chief investigating
officer of the police department,
Failure to keep such records, or making false
entries therein, or refusal to produce the same
Regular Session, February 18, 2002 69
when requested by the persons entitled to
inspect the same, shall subject the offender to
penalty as provided in section 1-8 of this Code,
Every pawnbroker and secondhand dealer
shall make available all such ,ecords
immediately upon demand of any Dubuque
police officer.
The chief of police may authorize the records
required in this section be maintained in an
electronic database in lieu of pdnted forms. The
chief of police shall approve any database
system prior to its being utilized by a
secondhand dealer or pawnbroker.
Section 2. Section 29-4 of the City of Dubuque
Code of Ordinances is amended to read as
follows:
Sec. 29-4. Purchases, security and
consignment transactions.
The purchase, receipt as security, or on
consignment of the following listed goods or
materials shall be governed by this article:
Household appliances
Sporting goods
Household furniture
Bicycles
Glassware
Untitled motor vehicles
Jewelry
Electronic equipment
Precious and semi-precious stones
Motor vehicle parts and equipment
Silvedsilverware
Photographic/video parts and equipment
Precious metals and coins
Stereo equipment
Lawn and garder tools, equipment and
furnishings
Radio equipment
Television equipment
Rare books
Tools
Works of art
Junk
Computers, software and computer
accessories
CDs, DVDs. videos, tapes and other similar
mediums of transmitting images or sounds
Collectibles
Antique, used or scrap jewelry and precious
metals shall be retained in the local place of
business and it shall be unlawful to change the
form of said items by melting, remounting,
cutting up or otherwise changing the form of said
items for a period of one hundred twenty (120)
hours from the time of said transaction.
The following listed items shall be exempt from
the provisions of [his article: Beverage
contafoers and scrap paper.
Section 3. This Ordinance shall take effect
upon publication.
Passed, approved · ~h
and adopted this 18 dayof
February, 2002,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially ir the Telegraph Herald
newspaper this 25t~ day of February, 2002.
Jeanne F. Schneider. City Clerk
1 t 2/25
Beel moved thai the reeuirement that a
proposeC 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. Markham. Motion carried 7-0.
Dubuque Jaycees/Peosta Channel Trail
Project: City Manager recommending awaro of
the contract for the Dubuque Jaycees/Peosta
Channel Trail Project to Tschiggfrie Excavating
in the amount of $330,607.10 presented aee
read. Markham moved that the communication
be received and filed, Seconded by Michalski,
Motion carried 7-0
RESOLUTION NO. 87-02
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Dubuque
Jaycees/Peesta Channel Trail Projeci pursuant
to Resolution No. 558-01 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 11th day of January,
2002.
Whereas, said sealed proposals were opened
and read on the 31st day of January, 2002, and
it has been determined that the bid of
Tschiggfrie Excavating of Dubuque, Iowa, in the
amount of $356,607.10 was the lowest bid for
the fomishthgs of all labor and materials and
performing the work as provided for in the nlans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded fo Tschiggfrie Excavating, less
$26.000 for the shade structure containec in
ACC Alternate 2, 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
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 18'~ day of
February, 2002
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
Seconded by Michalski. Motion carded 7-0.
70 Regular Session, February 18, 2002
COUNCIL MEMBER REPORTS
Markham spoke stating his concern with
Mediacom Cable and stressed encouraging the
Legislators to change the deragulation as it is
no[ working. Michaiski spoke stating their neeo
for an update on Cable franchise negotiations as
to a basic cable package.
ITEMS TO BE SET FOR PUBLIC HEARING
C.J. Bies Subdivision - Request to Vaca[e
Utility Easement: City Manager recommending
that a public hearing be set for March 4. 2002 to
consider a request from Tom Oster to vacate a
ten foot wide utility easemera in C.J. Bies
Subdivision. presented and read. Mici~aiski
moved that the communication be received and
filed. Seconded by Nicho[son. Motion carried 7-
0.
RESOLUTION NO. 88-02
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST AND VACATE UTILITY EASE-
MENT OVER LOTS 4 AND 5 OF C.J. BIES
SUBDIVISION NO, 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas Peter aha Pamela Triolo. Roger G.
and Christine Klauer and Patdck and Kathieen
M. Sullivan are the current owners of Lots 4 aha
5 of C.J. Bias Subdivision No. 2:
Whereas. a 10-foot wide utility easement is
currently platted on said lots; an(:
Whereas. Peter and Pamela Tdo]o. Roger G.
and Christine Klauer, and Patrick and Kathleen
M. Sullivan have petitioned [o vacate [he
easemen[ in said lots: and
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the City of Dubuque intends [o
dispose of its interest and vacate the existing
10-foot wide utility easement over Lots 4 and 5
of C.J. Bias Subdivision No. 2.
Section 2. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent [o dispose to be published as prescribed
under Section 364.7 Code of Iowa. 1999 or
amended.
Passea. approved and adODtad this 18~" day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Micha[sk[ moved adoption of the Resolution
and further set this for Public Hearing on 3/4/02
at a meeting [o commence at 6:30 P.M. in the
public library auditorium and that the City Clerk
publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Expansion of Giese Manufacturing, Inc. at the
Dubuque Industrial Center West: City Manager
'ecommending that a public hearing be set for
March 4, 2002 To consider disposing of an
interest in read proper6/ to Giese Properties,
L.L.C. ane the Giese Manufacturing Company,
Inc., and approval of a Development Agreement,
presented and read. Michalski movee that the
communication be received and fi[ed. Seconded
by Nicho[son. Motion carried 7-0.
RESOLUTION NO. 89-02
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN REAL PROPERTY BY SALE
TO GIESE PROPERTIES, L.L.C. PURSUANT
TO DEVELOPMENT AGREEMENT WITH
GIESE PROPERTIES, L.L.C. AND THE GIESE
MANUFACTURING COMPANY, INC.
WHEREAS. the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property), as shown on the Exhibit attached
hereto consisting of 5 acres, more or less; and
WHEREAS. City, Giese ProPerties. L.L.C. and
Giese Manufacturing Company, nc. have
entered into a Development Agreement, subject
[o the approval of the City Council, a copy of
which is on file at the Office of the City Clerk,
City Hall, 50 W. 13~ Street, Dubuque, Iowa
pursuant [o which City wil[ sell the Property to
G[ese Properties, L.L.C.; and
WHEREAS. the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including conveyance Of the
Property to Giese Properties, L.L.C.
NOW. THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the foregoing-described
Property to Giese Properties. L.L.C.
Section 2. The City Clerk is heraoy authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Io.w.,a
Code Section 364.7 of a public hearing on City s
intent to dispose of the foregoing-described
Property, to be held on the 4th day of March, at
6:30 p.m. at the Carnegie-Stout Public Library
Auditorium, 360 W. 11'" Street, Dubuque iowa.
Passed, approved and adopted this 16th day of
February 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Michalski moved adoption of the Resolution
aha further set this for Public Hearing on 3/4/02
a[ a meeting To commence at 6:30 P.M. in the
public library auditorium and that the Cit~ Clerk
publish notice in the manner prescribed by ]aw.
Seconded by Nicholson. Motion carried 7-0.
Fisca Year 2003 Budge[: City Manager
recommending that a public hearing se set for
Regular Session, February 18, 2002 71
Tuesday, March 5. 2002 on the Fiscal Year
2003 BudgeT, presented and read. Micha[ski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carded 7-
0.
RESOLUTION NO. 90-02
RESOLUTION SE'I-rING THE DATE OF THE
PUBLIC HEARING ON THE FISCAL YEAR
2003 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Section 384.16 of the Code of Iowa
provides that the City Council shall set a time
and place for a public hearing on the budget
before [he final certitication date and shall
publish notice before the headng as provided in
Section 362.3 of the Code of Iowa.
NOW THEREFORE. SE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct
a public hearing on the proposed 2003 budget of
the City of Dubuque at the Carnegie Stout Public
Library Auditorium, 360 West 11th Street,
Dubuque, Iowa, on Tuesday, March 5, 2002,
beginning at 6:30 p.m,
Section 2. That the City Clerk be and is hereby
authorized and directed to publish according to
law notice of public headng Iogether with the
required budget information.
Passed, approved and adopted this 18'n day of
February 2002.
Terrance M. Duggan. Mayor
Attest: Jeanne F. Schneider City Clerk
Michalski moved adoption of the Resolution and
further set this for Pubtic Hearing for Tuesday,
3/5/02 at a meeting to commence at 6:30 P.M. in
the public library auditorium and that the City
Clerk publish notice in the manner prescribed by
law. Seconded by Nicholson. Motion carded 7-0.
RESOLUTION NO. 91-02
SETTING THE DATE OF PUBLIC HEARING
ON THE FIVE YEAR CAPITAL IMPROVE-
MENT PROGRAM
Whereas, a proposed five year Capital
Improvement Program for the City of Dubuque
has been prepared and submitted to the City
Council; and
Whereas, the capital projects for the first year
are included in the Fiscal Year 2003 budget for
the City of Dubuque; and
Whereas, it is deemed to be in the best
interest of the City of Dubuque to conduct a
public hearing and to adopt the five year Capital
Improvemen[ Program simultaneously with the
public hearing and adoption of the Fiscal Year
2003 budget for the City of Dubuque.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE. IOWA:
Section 1, That the City Council shall conduct
a public hearing on the five year Capital
Improvement Program at the Carnegie Stout
Public Librar~ Auditodurr 360 West 11th Street.
Dubuque, Iowa, on Tuesday, March 5, 2002.
beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby
authorized and directed to publish notice of the
public headng.
Passed, approved and adopted this 18'" day of
February 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Michalski moved adoption of the Resolution
and set this for Public Headng on Tuesday,
3/5/02 at a meeting [o commence at 6:30 P.M. in
the public library auditorium and that the City
Clerk publish notice in the manner prescribed by
law. Seconded by Nicholson. Motion carried 7-0.
Napier Storm and Sanitary Sewer
Reconstruction initiate: City Manager
recommending initiation of the bidding process
for the Napier Storm ano Sanitary Sewer
Reconstruction Project and setting a public
hearing for March 18, 2002, presented and read.
Michalski moved that the communication be
received and filed, Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 92-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE. BE IT RESOLVED BY
-HE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cos[ for the Napier
Street Storm & Sanitary Sewer Reconstruction
Project. in the estimated amount of $123,632.82,
are hereby approved and ordere(~ flied in the
office of the City Clerk for public inspection.
Passed. approved and adopted this 18~ day of
February, 2002.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Micha[ski moved that the communication De
received and fried. Seconded by Nichctson.
Motion carried 7-0.
RESOLUTION NO. 93-02
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, owa has g~ven its preliminary
approval on the proposed plans, specifications.
and form of contract and placed same on file in
[he office of the City Clerk for public inspection
of the Napier Street Storm & Sanitary Sewer
Reconstruction Project,
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
72 Regular Session, February 18, 2002
That on the 18t~ day of March, 2002, a public
hearing will ce held at 6:30 p.m. in the Public
Library Auditedum at which lime interested
persons may apoear and be heard for or against
the proposed ~lans aec specifications, form of
contract ana cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such heedng to be
published n a newspaper having general
circulation in the City of Dubuque, ~owa. which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At [he hearing, any interested
person may appear and file objections to the
proposea p~ans, specifications, contract, or
estimate0 cost of the improvement.
Passed. approved and adopted this 18~n day of
February, .2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set this for Public Hearing on 3118/02 at a
meeting to commence at 6:30 P.M. in the 3ublic
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 94-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE
IOWA: /'
That the Napier Street Storm & Sanitary SewerL--
Reconstruction Project is hereby ordered to be
advertised for bids for construction
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be i~
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
~n a newspaper having genera[ circulation in the
City of Dubuque, Iowa. which notice shall not ce
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
[he 7'" day of March, 2002. Bids shall be opened
ano read by the City Clerk at said time and will
be submitted to the Council for final action a!
6:30 p.m. on the 18~" day of Mamh. 2002.
Passed. approved and adopted this 18'" day of
February, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Micha[ski moved adoption of the :~esolution.
Seconded ~y Nicholson. Motion carried 7-0.
There being no further business, Buol moved
to adjourn. Seconded by Nicholsor Motion
cardeo 7-0. The meeting adjourned at 8:08 P.M.
Is/Jeanne F. Schneider. CMC
City Clerk
1 t 2/27
Approved July, 1, 2002
Approved July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jeanne F. Schneider
City Clerk
Council Members
Clerk
Special Session, February 20, 2002 73
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 20,
2002
Council met in special session at 6:15 p,m. in
the Library Auditorium
Present: Council Members BuoL Cline,
Connors, Markham. Nichoison: City Manager
Michaet Van Milligen
Absent: Mayor Duggan, Council Member
Michalski
Council Member Nicholson read the call anc
stated this is a special session of the City
Council caltsd for the purpose of discussing
various City budgets and such other business
[hat may come before the Council
City Manager recommending the sale of
$1,000,000 General Obligation Bonds for the
Main Street reconstruction project. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carded 5-0.
RESOLUTION NO. 95-02
RESOLUTION DIRECTING SALE OF
$1,000,000 GENERAL OBLIGATION BONDS,
SERIES 2002B
Whereas, pursuant to notice as required by
law, bids have been received at public safe for
the Bonds described as follows and the best bid
'ece~ved is determined to be the following:
$1,000,000 GENERAL OBLIGATION BONDS,
SERIES 2002B
Bidder: RBC Dain Rauscher Inc. of West Des
Vioines, IA
the terms of said bid being;
Purchase Price: $990,000.00
Net Interest Rate: 4.7348%
Net Interest Cost $557,161.88
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the bid for the Bonds as
above set out is hereby determined to be the
best and most favorable bid received and, said
Bonds are herby awarded based on said bid.
Section 2. That the statement of information
for Bond Bidders and the form of contract for the
sale of said Bonds are hereby approved and the
Mayor and Clerk are authorized To execute the
same on behalf of the City.
Section 3. That the notice of the sale of the
Bonds heretofore given and all acts of the Clerk
and Finance Director done in furtherance of the
sale of said Bonds are hereby ratified and
approved.
Passed, approved and adopted this 20~n day of
February, 2002.
Dan Nicholson, Acting Mayor Pre-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Markham. Motion carded 5-0.
Mayor Pro-Tem Michalski entered the meeting
at 6:20 p.m.
The Civic Center Division, Recreation Division,
Park Division, information Services Department
and Cable TV Division budgets were 3reserded
and discussed.
There being no further business, Cline moved
to adjourn. Seconded by Nicholson Motion
carried 6-0. The meeting adjourned at 8:25 p,m.
/s/Jeanne F, Schneider, CMC
City Clerk
It 3/1
Approved: July 1, 2002
Adopted: July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jeanne F. Schneider
City Clerk
Council Members
.,~ Clerk
74 Special Session, February 21, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session. February 21.
2002
Council met in special session at 6:15 p.m. in
the Library Auditorium
Present: Mayor Pro-Tam MichalskL. Council
Members Buo Cline, Connors. Markham.
Nicholson; City Manager Michael Van Mflligen
Absent: Mayor Duggan
Mayor Pro-Tam Michalski read the cai and
stated Ihis ~s a special session of the City
Council called for the purpose of discussing
various City budgets and such ether business
that may come before the Council.
City Manager recommending initiation of the
oublic bidding omcess for the Mississippi
Riverwalk and Amenities Project and setting a
public hearing for April 1, 2002. Buol moved that
the communication be received and flied.
Seconded by Markham. Motion carried 6-0.
RESOLUTION NO. 96-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE. BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Mississippi
Riverwalk & Amenities Project, in the estimated
amount of ~;4,324,012.00, are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted this 21s~ day of
February, 2002.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0.
RESOLUTION NO. 97-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas. the City Counc[ of the City of
Dubuque, Iowa has given its preliminary
approval on the proposeo plans, specifications.
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Mississippi R[verwalk & Amenities Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That on the Is' day of April, 2002. a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed ~ans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such heating to be
published in a newspaper having general
circulation in the City of Dubuque, ~owa. which
notice shall be not ]ess than four days nor more
than [wenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to me
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed. approvec and adopted this 2¢' day of
February, 2002.
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution and
further set this for Public Hearing on 4/1/02 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in tne manner orescdbed by law.
Seconded b~, Markham. Motion carried 6-0.
RESOLUTION NO. 98-02
ORDERING BIDS
NOW THEREFORE. BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF 3UBUQUE,
IOWA:
That the Mississippi Riverwalk & Amenities
Project is hereby ordered to be adver~aed for
bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accornpan:~ each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa. which notice shall not be
less than four days nor more than forty-five days
orior to the receipt of said bids at 2:00 p.m. on
the 19th day of March. 2002. Bids shall be
ooened and read by the City Clerk at said time
an¢ will be submitted to the Council for final
action at 6:30 p.m. on the 1st day of April, 2002.
Passed, approved and adopted this 21s, day of
February, 2002
Ann E. Michalski, Mayor Pro-Tem
Attest: Jeanne F. Schneider, Ci[y Clerk
Buol moved aaootion of the Resolution.
Seconded by Markham Motion carried 6-0.
The Planning Services Department Budget
'Nas presented and discussed.
Steve Horman of the Dubuque Area Chamber
of Commerce spoke in support of proceeding
with the Downtown Master Plan.
Regular Session, February21, 2002 75
Terry Mozen~, Chair of the Histodc
Preservation Commission, expressed appreci-
ation for the City Council's support of their
programs.
Dr. Mary Lynn Neumeister expressed
appreciation for support of the Long Range
Planning Advisory Commission and commented
that the Commission was concerned that there
was not sufficient Planning Services staff to
undertake the Zoning Ordinance Update.
Tammy Pfab. representing the Old House
Enthusiasts, requested continued suppor[ for
histodc preservation efforts.
Dan LoBianco, Dubuque Main Street stated
appreciation for the Downtown Master Plan.
Dave Stuart, 1470 Locust Street, stated his
appreciation for the Planning Services staff.
There was Council consensus that the Zoning
Ordinance update should be discussed at the
next goal setting session.
The Economic Development Department
budget Was presented and discussed
The Transit Division budget was 2resented
and discussed.
John VanderMeulen, Transit Division
employee, raised vadous issues concerning the
Transit Division budget.
Pat Healy, 227 Bryant, spoke regarding
additional funding for part-time ddvers and in the
The Parking Division budget was presented
and discussed. Michalski expressed concern
about the lack of sufficient handicapped parking
spaces throughout the City, especially at the
Five Flags Center and Library.
Mayor Pre-Tern Michatski opened the public
hearing on the Fiscal Year 2003 Community
Development Block Grant Annual Plan.
The Housing and Community Development
Department budget was presented and
discussed.
There being no further business. Nicholson
moved to adjourn. Seconded by Markham.
Motion carried 6-0. The meeting adjourned at
8:46 p.m.
It 3/1
/s/Jeanne F. Schneider. CMC
City Clerk
Approved: July 1, 2002
Adopted: July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jeanne F. Schneider
City Clerk
Council
Attest: ¢¢¢2
Buol moved to suspend the rules to allow any
present to address the Council. Seconded by
Cline. Motion carried 6-0.
Walt Pregler, 2966 Shirts Avenue, expressed
concern for the reallocation of $15,000 from the
CDBG Contingency Fund to the Histodc
Preservation Homeowner Grant Program.
Terry Mozena, Chair of the Histodc
Preservation Commission. spoke in support of
the reallocation.
Nicholson moved to reinstate the rules closing
the Public Hearing. Seconded Dy BuoL Motion
carried 6-0.
76 Special Session, February 25, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session. February 25,
2O02
Council met in special session at 6:15 p.m, in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol. Cline, Connom, Markham. MichalskL
Nicholson; City Manager Michael Van Miliigen
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City budgets.
The Airport Department, Library Department.
and Water Department budgets were presented
and discussea.
Council Member Nicholson stated he would
like the Library Department's Decision Package
2 of 17 brought back for further discussion at the
final public he~dng. Consensus was not
reached on this item,
Purchase of Services Budgets were
represented:
Sue Czeshinski for the Convention and
Visitors Bureau; Dave George for Dubuque Area
Labor Management Council; Dan LoBianco for
Dubuque Main Street Ltd.: David Runyon for
Helping Services of Northeast Iowa; Steve
Jacobs for Project Concern (Information and
Referra Child Care Referral. ano Foster
Grandparent Program); Rick Dickinson for
Greater Dubuque Development Corporation;
Myra Benzer for :~etirad Senior Volunteer
Program; and Dianne Thomas for Substance
Abuse Services Center, all spoke concerning
their proposed allocation of funds
Bob Woodward. representing the Grand Opera
House, Dubuque Museum of Art and Dubucue
Sympnony Orchestra. addressed the Council
requesting funding in the amount of $50.000 for
each non-orofit organization.
There being no further business. Michelski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 7:53 p.m.
Approved July 1, 2002
Adopted. July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Members
Attest:
/s/ Jenane F. Schneider
City Clerk
Council Members
Att : ~
/~ Clerk
/s/Jeanne F. Schneider. CMC
City Clerk
It 3/5
Special Session, February 27, 2002 77
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Cit7 Council, Special Session. February 27,
2002
Council met in special session at 6:15 p.m. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol. Cline. Connors, Michaisk Nicholson: City
Manager Michael Van Mi]ligen
Absent: Council Member Markham
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City budgets.
The Emergency Communications Center,
Emergency Management Office, Fire
Department, Health Services Depar[ment and
Police Department budgets were presented and
discussed.
There being no further business, Cline moved
to adjourn. Seconded by Buol. Motion carried
6-0. The meeting adjourned at 8:32 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
It 3/7
Approved: July 1, 2002
Adopted: July 1, 2002
/s/ Terrance M. Duggan
Mayor
/s/ Joyce Connors
/s/ Dan Nicholson
/s/ Ann E. Michalski
/s/ Roy D. Buol
/s/ John H. Markham
/s/ Patricia A. Cline
Council Memberes
Attest:
/s/ Jeanne F. Schneider
City Clerk
2001
~~,~~~Attest: