2002 February Council ProceedingsSpecial 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
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing Port of Dubuque
Design Standards.
City Staff presented various aspects 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 adjourn. Seconded by Buol. Motion carried
7-0. The meeting adjourned at 6:28 P.M.
Approved:
Adopted:
Mayor
Council Members
Attest:
City Clerk
2002
2002
/s/Jeanne F. Schneider, CMC
City Clerk
It 2/13
28 Regular Session, February 4, 2002
DUBUQUE
and report. Seconded by Markham. Motion
carried 7-0.
CITY COUNCIL
OFFICIAL
Corporation Counsel advising that the
PROCEEDINGS
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
City Council, Regular Session, February 4,
Iowa Communities Assurance Pool: Farm
2002
Bureau Mutual Insurance for vehicle
Council met in Regular Session at 6:30 P.M. in
damage/personal injury and Carol Ernst for
the Library Auditorium
vehicle damage, presented and read. Buol
Present: Mayor Duggan, Council Members
moved that the communication be received and
Buol, Cline, Connors, Markham, Michalski,
filed and concurred. Seconded by Markham.
Nicholson, City Manager Michael Van Milligen,
Motion carried 7-0.
Corporation Counsel Barry Lindahl.
Corporation Counsel recommending
Mayor Duggan read the call and stated this is
settlement of the claim of David P. Draper for
the regular session of the City Council called for
vehicle damage in the amount of $629.04 and
the purpose of acting upon such business which
that the Finance Director be directed to issue
may properly come before the Council.
payment, presented and read. Buol moved that
the communication be received and filed and
Invocation was given by Deacon Paul Peckosh
concurred and Finance Director to issue proper
of St. Raphael’s Cathedral.
check. Seconded by Markham. Motion carried 7-
0.
CONSENT ITEMS
Highway 20 Landscaping Project –
Minutes Submitted: Building Code Board of
Agreement for STP Funding: City Manager
Appeals of 1/17; City Council of 1/21; Electrical
recommending approval of an agreement with
Code Board of 1/14; Five Flags Commission of
the Iowa Department of Transportation for
1/14; Historic Preservation Commission of 1/17;
Phase II of the Highway 20 landscaping project
Housing Commission Trust Fund of 1/24;
in the amount of $100,000, presented and read.
Human Rights Commission of 11/5/01 and
Buol moved that the communication be received
12/10/01; Investment Oversight Commission of
and filed. Seconded by Markham. Motion carried
1/17; Park and Recreation Commission of 12/11;
7-0.
Transit Board of 1/10; Zoning Board of
RESOLUTION NO. 32-02
Adjustment of 1/24, presented and read. Buol
moved that the minutes be received and filed. APPROVAL OF AGREEMENT
Seconded by Markham. Motion carried 7-0. FOR STP FUNDING
BE IT RESOLVED, BY THE CITY COUNCIL
Proof of publication of City Council
OF THE CITY OF DUBUQUE, IOWA:
proceedings of 12/27 and 1/7; proof of
That the agreement for STP Funding with the
publication of list of claims and summary of
Iowa Department of Transportation for $100,000
revenues for the month ending November 30,
to be used on Phase II of the Highway 20
2001, presented and read. Buol moved that the
Landscaping Project is approved and the Mayor
proofs be received and filed. Seconded by
is authorized to sign the agreement.
th
Markham. Motion carried 7-0.
Passed, approved and adopted this 4 day of
February, 2002.
Investment Oversight Commission submitting
Terrance M. Duggan, Mayor
th
their 35 quarterly report, presented and read.
Attest: Jeanne F. Schneider, City Clerk
Buol moved that the communication be received
Buol moved adoption of the Resolution.
and filed. Seconded by Markham. Motion carried
Seconded by Markham. Motion carried 7-0.
7-0.
2001 Certified Local Government (CLG)
Substance Abuse Services Center Second
Annual Report: City Manager submitting the
Quarter Report for Fiscal Year 2002, presented
2001 Certified Local Government (CLG) Annual
and read. Buol moved that the communication
Report as required by the State Historical
be received and filed. Seconded by Markham.
Society, presented and read. Buol moved that
Motion carried 7-0.
the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Notice of Claims/Suits: Frederick D. White in
undetermined amount for property damage,
2001 Curb Ramp Installation – CDBG No. 2
presented and read. Buol moved that the claim
Project – Acceptance: City Manager
be referred to the Legal Staff for investigation
recommending acceptance of the 2001 Curb
Regular Session, February 4, 2002 29
Ramp Installation – CDBG No. 2 Project in the Department of Transportation for reconstruction
final contract amount of $19,346.59 as of the Locust Street and the Locust Street
completed by Superior Construction, presented Connector intersection, presented and read.
and read. Buol moved that the communication Buol moved that the communication be received
be received and filed. Seconded by Markham. and filed. Seconded by Markham. Motion carried
Motion carried 7-0. 7-0.
RESOLUTION NO. 33-02 RESOLUTION NO. 35-02
ACCEPTING IMPROVEMENT RESOLUTION APPROVING COOPERATIVE
AGREEMENT BETWEEN THE IOWA
Whereas, the contract for the 2001 Curb Ramp
DEPARTMENT OF TRANSPORTATION (IDOT)
Installation - CDBG No. 2 Project has been
AND THE CITY OF DUBUQUE RELATING TO
completed and the City Manager has examined
THE RECONSTRUCTION OF LOCUST
the work and filed his certificate stating that the
STREET AND THE LOCUST STREET
same has been completed according to the
CONNECTOR
terms of the contract, plans and specifications
and recommends it acceptance. Whereas, the Iowa Department of
NOW THEREFORE, BE IT RESOLVED BY Transportation and the City of Dubuque are
THE CITY COUNCIL OF THE CITY OF proposing to reconstruct the southeast corner of
DUBUQUE, IOWA: the intersection of Locust Street and the Locust
Section 1. That the recommendation of the Street Connector; and
City Manager be approved and that said Whereas, Agreement No. 6-01-USTEP-20 with
improvement be and the same is hereby the Iowa Department of Transportation outlines
accepted. the responsibilities of IDOT and the City relating
BE IT FURTHER RESOLVED that the City to the construction project and providing for
Treasurer be and he is hereby directed to pay to Urban State Traffic Engineering Program (U-
the contractor from the Fiscal Year 2002 STEP) cost participation in the project; and
Community Development Block Grant Funds in Whereas, the City of Dubuque approves the
amount equal to the amount of his contract, less terms and conditions of said cooperative
any retained percentage provided for therein. agreement.
th
Passed, approved and adopted this 4 day of NOW THEREFORE, BE IT RESOLVED BY
February, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk Section 1. That the Agreement No. 6-01-
Buol moved adoption of the Resolution. USTEP-20 consisting of an agreement for the
Seconded by Markham. Motion carried 7-0. reconstruction of the southeast corner of the
intersection of Locust Street and the Locust
RESOLUTION NO. 34-02
Street Connector.
FINAL ESTIMATE
Section 2. That the Mayor be authorized and
Whereas, the contract for the 2001 Curb Ramp directed to execute two copies of this agreement
Installation - CDBG No. 2 Project has been and forward the executed copies to the Iowa
completed and the City Engineer has submitted Department of Transportation for their approval.
th
his final estimate showing the cost thereof Passed, approved and adopted this 4 day of
including the cost of estimates, notices and February, 2002.
Terrance M. Duggan, Mayor
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF THE CITY OF
Buol moved adoption of the Resolution.
DUBUQUE, IOWA:
Seconded by Markham. Motion carried 7-0.
Section 1. That the cost of said improvements
is hereby determined to be $19,346.59 and the
Penalties for Tobacco Permit Holders: City
said amount shall be paid from the Fiscal Year
Manager recommending that a hearing be set
2002 Community Development Block Grant
for February 18, 2002 to consider assessing civil
Funds of the City of Dubuque, Iowa.
penalties against nine tobacco permit holders,
th
Passed, approved and adopted this 4 day of
presented and read. Buol moved that the
February, 2002.
communication be received and filed and set
Terrance M. Duggan, Mayor
Hearing for 2/18/02. Seconded by Markham.
Attest: Jeanne F. Schneider, City Clerk
Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Annual Rental Survey: City Manager
submitting the results of the Annual Rental
Locust Street Connector: City Manager
Survey, presented and read. Buol moved that
recommending approval of a cooperative
the communication and Survey be received and
agreement between the City and the Iowa
filed. Seconded by Markham. Motion carried 7-0.
30 Regular Session, February 4, 2002
two mutual aid agreements for law enforcement
RISE Project Agreement – Chavenelle Road: services between the City of Dubuque, Dubuque
City Manager recommending approval of a County, and Jo Daviess County, Illinois,
project agreement with the Iowa Department of presented and read. Buol moved that the
Transportation for RISE funding of street communication be received and filed. Seconded
improvements for Chavenelle Road west of by Markham. Motion carried 7-0.
Seippel Road in the Dubuque Industrial Center
RESOLUTION NO. 37-02
West, presented and read. Buol moved that the
APPROVING A CHAPTER 28E MULTI-
communication be received and filed. Seconded
JURISDICTIONAL LAW ENFORCEMENT
by Markham. Motion carried 7-0.
AGREEMENT AMONG THE CITY OF
RESOLUTION NO. 36-02 DUBUQUE, IOWA, DUBUQUE COUNTY,
RESOLUTION APPROVING AN AGREEMENT IOWA, AND JO DAVIESS COUNTY, ILLINOIS
FOR R.I.S.E. FUNDING WITH THE IOWA
WHEREAS, Iowa Code Chapter 28E
DEPARTMENT OF TRANSPORTATION
authorizes agreements between public agencies
RELATING TO DEVELOPMENT OF
of Iowa and other states for the joint exercise of
CHAVENELLE ROAD WEST OF SEIPPEL
the powers of such agencies; and
ROAD IN THE DUBUQUE INDUSTRIAL
WHEREAS, the City of Dubuque, Iowa,
CENTER WEST
. Dubuque County, Iowa and JoDaviess County,
Whereas, the City of Dubuque has developed Illinois have determined that it is in the bests
plans for the construction of Chavenelle Road interests of their respective jurisdictions to enter
west of Seippel Road in the Dubuque Industrial into an agreement to cooperate in using their
Center West; and best efforts to ensure the public safety and to
Whereas, the City has requested funding enforce the laws and protect the citizens.
under the State of Iowa’s R.I.S.E. (Revitalize NOW, THEREFORE, BE IT RESOLVED BY
Iowa’s Sound Economy) program; and THE CITY COUNCIL OF THE CITY OF
Whereas, the City’s application was approved DUBUQUE, IOWA AS FOLLOWS:
by order of the Transportation Commission on Sec. 1. The Multijurisdictional Law
December 11. 2001; and Enforcement Agreement attached hereto is
Whereas, the Iowa Department of hereby approved.
Transportation has prepared and submitted for Sec. 2. The Mayor is hereby authorized and
City Council approval an Agreement relating to directed to sign the Agreement on behalf of the
the R.I.S.E. grant, a copy of which is attached City of Dubuque.
hereto and by this reference made a part hereof; Passed, approved and adopted this 4th day of
and February, 2002.
Whereas, the City Council finds that the Terrance M. Duggan, Mayor
proposed agreement is acceptable and Attest: Jeanne F. Schneider, City Clerk
necessary to the growth and development of the Buol moved adoption of the Resolution.
city. Seconded by Markham. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 38-02
THE CITY COUNCIL OF THE CITY OF
APPROVING A CHAPTER 28E MULTI-
DUBUQUE, IOWA:
JURISDICTIONAL DRUG ENFORCEMENT
Section 1. That the Iowa Department of
AGREEMENT AMONG THE CITY OF
Transportation Agreement for R.I.S.E. Funding,
DUBUQUE, IOWA, DUBUQUE COUNTY,
Agreement No. 2002-R-015, is hereby
IOWA, AND JO DAVIESS COUNTY, ILLINOIS
approved.
Section 2. That the Mayor and City Clerk are WHEREAS, Iowa Code Chapter 28E
hereby authorized and directed to execute two authorizes agreements between public agencies
copies of the Agreement on behalf of the City of of Iowa and other states for the joint exercise of
Dubuque and forward the executed copies to the the powers of such agencies; and
Iowa Department of Transportation for their WHEREAS, the City of Dubuque, Iowa,
approval. Dubuque County, Iowa and JoDaviess County,
th
Passed, approved and adopted this 4 day of Illinois have determined that it is in the bests
February, 2002. interests of their respective jurisdictions to enter
Terrance M. Duggan, Mayor into an agreement to cooperatively engage in
Attest: Jeanne F. Schneider, City Clerk authorized criminal investigations and
Buol moved adoption of the Resolution. prosecutions, particularly involving illegal drug
Seconded by Markham. Motion carried 7-0. trafficking and the use and distribution of
controlled substances.
Mutual Aid Agreements – City of Dubuque, NOW, THEREFORE, BE IT RESOLVED BY
Dubuque County and Jo Daviess County, THE CITY COUNCIL OF THE CITY OF
Illinois: City Manager recommending approval of DUBUQUE, IOWA AS FOLLOWS:
Regular Session, February 4, 2002 31
Sec. 1. The Multijurisdictional Drug Urban Development regarding an application for
Enforcement Agreement attached hereto is America’s River Museum funding in the amount
hereby approved. of $1,000,000, presented and read. Buol moved
Sec. 2. The Mayor is hereby authorized and that the communication be received and filed.
directed to sign the Agreement on behalf of the Seconded by Markham. Motion carried 7-0.
City of Dubuque.
Passed, approved and adopted this 4th day of State of Iowa Department of Public Defense:
February, 2002. City Manager providing a response to a
Terrance M. Duggan, Mayor communication from Ellen Gordon, State of Iowa
Attest: Jeanne F. Schneider, City Clerk Department of Public Defense, Emergency
Buol moved adoption of the Resolution. Management Division, about eligibility for public
Seconded by Markham. Motion carried 7-0. assistance projects, presented and read. Buol
moved that the communication be received and
McFadden Property – Acceptance of Deed: filed. Seconded by Markham. Motion carried 7-0.
City Manager recommending acceptance of
property from Vincent McFadden and Louella Dubuque County Board of Supervisors:
McFadden for the extension of Chavenelle Communication of City Manager to Donna
Drive, presented and read. Buol moved that the Smith, Dubuque County Board of Supervisors,
communication be received and filed. Seconded advising that the City supports the application of
by Markham. Motion carried 7-0. Cottingham and Butler for a Historic Property
Rehabilitation Tax Exemption for the Town
RESOLUTION NO. 39-02
Clock Building, presented and read. Buol moved
ACCEPTING THE DEED TO CERTAIN REAL
that the communication be received and filed
ESTATE IN DUBUQUE COUNTY, IOWA FROM
and approved recommendation. Seconded by
VINCENT Mc FADDEN AND LUELLA Mc
Markham. Motion carried 7-0.
FADDEN
WHEREAS, the City of Dubuque entered into Marine Fuel Tax Grant Agreement for
an Agreement on December 27, 2001 with Riverfront Boat Pier at Port of Dubuque: City
Vincent McFadden AND Luella McFadden for Manager recommending approval of a Marine
the purchase of certain real property in Dubuque Fuel Tax grant application for construction of the
County, Iowa, described in the Deed attached riverfront boat pier at the Port of Dubuque,
hereto; presented and read. Buol moved that the
AND WHEREAS, the terms of the Agreement communication be received and filed. Seconded
have now been met. by Markham. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 40-02
THE CITY COUNCIL OF THE CITY OF
RESOLUTION AUTHORIZING APPLICATION
DUBUQUE, IOWA, AS FOLLOWS:
FOR MARINE FUEL TAX GRANT FOR
1. The City of Dubuque, Iowa, hereby accepts
CONSTRUCTION OF RIVERFRONT BOAT
the Deed from Vincent McFadden and Luella
PIER
McFadden, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and Whereas, the Iowa Department of Natural
directed to record this Resolution with the Resources (IDNR) provides Marine Fuel Tax
Dubuque County Recorder. grants through the Water Recreation Access
Passed, approved and adopted this 4th day of Cost-Share Program to cities; and
February, 2002. Whereas, the construction of a boat pier on the
Terrance M. Duggan, Mayor Mississippi River at the Port of Dubuque is an
Attest: Jeanne F. Schneider, City Clerk eligible project; and
Buol moved adoption of the Resolution. Whereas, the City has an adopted Riverfront
Seconded by Markham. Motion carried 7-0. Plan that places a high priority on recreational
improvements to the Port of Dubuque; and
Enterprise Zone Commission: Appointment of Whereas, the City recognizes the recreational
the City Manager to the Enterprise Zone potential of the boat pier for supporting the
Commission for a three year term ending on America’s River project.
February 15, 2005, presented and read. Buol NOW THEREFORE, BE IT RESOLVED BY
moved that the communication be received and THE CITY COUNCIL OF THE CITY OF
filed and approved the City Manager DUBUQUE, IOWA:
appointment. Seconded by Markham. Motion Section 1. That the Planning Services
carried 7-0. Manager is hereby authorized to submit an
application for Marine Fuel Tax funds to the
U.S. Department of Housing and Urban IDNR for the construction of a riverfront boat pier
Development: Communication from Roy for the America’s River project at the Port of
Bernardi of the U.S. Department of Housing and Dubuque.
32 Regular Session, February 4, 2002
Section 2. That the City will provide the Pusateris Enterprises Inc. Pusateris+
necessary local match for this project if the (Sunday Sales) 2400 Central Ave
IDNR funds the grant request. Apartments, Ltd Dubuque Mining Co.+
Passed, approved and adopted this 4th day of (Sunday/Outdoor Sales) 555 JFK Rd
th
February, 2002. Passed, approved and adopted this 4 day of
Terrance M. Duggan, Mayor February, 2002.
Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk
Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Business Licenses:
BOARDS/COMMISSIONS
RESOLUTION NO. 41-02
BEER
Interviews for the following Board:
Whereas, applications for Beer Permits have Housing Code Appeals Board (Two three-year
been submitted and filed to this Council for terms expiring 1/11/05 – Hannan and Sampson)
approval and the same have been examined Applicants:Tom Hannan, Robert L. Sampson.
and approved: and No one spoke.
Whereas, the premises to be occupied by such
applicants were inspected and found to comply PUBLIC HEARINGS
with the Ordinances of the City and have filed
proper bonds. Michalski moved to suspend the rules to allow
NOW, THEREFORE, BE IT RESOLVED BY anyone present to speak. Seconded by
THE CITY COUNCIL OF THE CITY OF Nicholson. Motion carried 7-0.
DUBUQUE, IOWA:
That the Manager be authorized to cause to be Bond Sale to Support Main Street
issued the following named applicants a Beer Reconstruction Project: Proof of publication on
Permit. notice of hearing to consider the issuance of
CLASS “C” BEER PERMIT $1,000,000 General Obligation Bonds and City
Molo Oil Company Big 10 Mart+ Manager recommending that the City institute
(Sunday Sales) 2100 JFK proceedings to take additional action on the
Dubuque Discount Gas Inc Dubuque Discount issuance, presented and read. Markham moved
Gas+(Sunday Sales) 4110 Dodge that the proof and communication be received
Lee Potter Sr Lee’s 76/West Locust+ and filed. Seconded by Nicholson. Carried by
(Sunday Sales) 408 W Locust the following vote: Yeas: Buol, Cline, Connors,
Passed, approved and adopted this 4th day of Markham, Michalski, Nicholson. Nays—Duggan.
February, 2002.
RESOLUTION NO. 43-02
Terrance M. Duggan, Mayor
RESOLUTION INSTITUTING PROCEEDINGS
Attest: Jeanne F. Schneider, City Clerk
TO TAKE ADDITIONAL ACTION FOR THE
Buol moved adoption of the Resolution.
ISSUANCE OF NOT TO EXCEED $1,000,000
Seconded by Markham. Motion carried 7-0.
GENERAL OBLIGATION BONDS
RESOLUTION NO. 42-02
Whereas, pursuant to notice published as
Whereas, applications for Liquor Licenses required by law, this Council has held a public
have been submitted to this Council for approval meeting and hearing upon the proposal to
and the same have been examined and institute proceedings for the issuance of not to
approved; and exceed $1,000,000 General Obligation Bonds
Whereas, the premises to be occupied by such for the essential corporate purpose of paying
applicants were inspected and found to comply costs of construction and reconstruction of
with the State Laws and all City Ordinances street, sidewalk, utility and streetscape
relevant thereto and they have filed proper improvements relating to the opening of Main
thth
bonds. Street from 5 to 9 Streets, and has considered
NOW, THEREFORE, BE IT RESOLVED BY the extent of objections received from residents
THE CITY COUNCIL OF THE CITY OF or property owners as to said proposed issuance
DUBUQUE, IOWA: of Bonds; and accordingly the following action is
That the Manager be authorized to cause to be now considered to be in the best interests of the
issued the following named applicants a Liquor City and residents thereof;
License. NOW THEREFORE, BE IT RESOLVED BY
CLASS B (HOTEL/MOTEL) LICENSE THE COUNCIL OF THE CITY OF DUBUQUE,
Dubuque Inn Corp. Best Western Dubuque Inn+ IOWA:
(Sunday Sales) 3434 Dodge St. Section 1. That this Council does hereby
CLASS C BEER/LIQUOR LICENSE institute proceedings and take additional action
Regular Session, February 4, 2002 33
for the sale and issuance in the manner required newspaper, printed wholly in the English
by law of not to exceed $1,000,000 General language, published within the county in which
Obligation Bonds for the foregoing essential the Bonds are to be offered for sale or an
corporate purpose. adjacent county. Said notice is given pursuant to
Section 2. The Clerk is authorized and directed Chapter 75 of the Code of Iowa, and shall state
to proceed on behalf of the City with the sale of that this Council, on the 20th day of February,
said Bonds, to select a date for the sale thereof, 2002, at 6:15 o'clock P.M., will hold a meeting to
to cause to be prepared such notice and sale receive and act upon bids for said Bonds; said
information as may appear appropriate, to notice to be in substantially the following form:
publish and distribute the same on behalf of the NOTICE OF BOND SALE
City and this Council and otherwise to take all Time and Place of Sealed Bids: Sealed bids
action necessary to permit the sale of said for the sale of Bonds of the City of Dubuque,
Bonds on a basis favorable to the City and Iowa, will be received at the office of the City
acceptable to the Council. Clerk, in the City of Dubuque, Iowa (the "Issuer")
th
Passed, approved and adopted this 4 day of at 11:00 o'clock A.M., on the 20th day of
February, 2002. February, 2002. The bids will then be publicly
Terrance M. Duggan, Mayor
opened and referred for action to the meeting of
the City Council as stated below.
Attest: Jeanne F. Schneider, City Clerk
Sale and Award: The sale and award of the
Markham moved adoption of the Resolution.
Bonds will be held at the Auditorium, Carnegie-
Seconded by Nicholson. Carried by the following
Stout Public Library at a meeting of the City
vote: Yeas: Buol, Cline, Connors, Markham,
Council on the above date at 6:15 o'clock P.M.
Michalski, Nicholson. Nays--Duggan.
The Bonds: The Bonds to be offered are the
following:
RESOLUTION NO. 44-02
GENERAL OBLIGATION BONDS,
RESOLUTION DIRECTING THE ADVERTISE-
SERIES 2002B, in the amount of $1,000,000,
MENT FOR SALE OF $1,000,000 GENERAL
to be dated March 1, 2002 (the "Bonds").
OBLIGATION BONDS, SERIES 2002B
Official Statement: The Issuer has issued an
WHEREAS, the City of Dubuque, Iowa, is in
Official Statement of information pertaining to
need of funds to pay costs of construction and
the Bonds to be offered, including a statement of
reconstruction of street, sidewalk, utility and
the Terms of Offering and an Official Bid Form,
streetscape improvements relating to the
which is incorporated by reference as a part of
opening of Main Street from 5th to 9th Streets,
this notice. The Official Statement may be
an essential corporate purpose project, and it is
obtained by request addressed to the City Clerk,
deemed necessary and advisable that the City
50 W. 13th Street, Dubuque, Iowa 52001
issue general obligation bonds for said purpose
(telephone: 563/589-4100) or the financial
to the amount of not to exceed $1,000,000 as
advisor to the City, Evensen-Dodge, Inc., 100
authorized by Section 384.25 of the City Code of
Court Avenue, Suite 203, Des Moines, Iowa
Iowa; and
50309 (telephone: 515/282-6138).
WHEREAS, pursuant to notice published as
Terms of Offering: All bids shall be in
required by Section 384.25 this Council has held
conformity with and the sale shall be in accord
a public meeting and hearing, upon the proposal
with the Terms of Offering as set forth in the
to institute proceedings for the issuance of the
Official Statement.
above described bonds, and all objections, if
Legal Opinion: Said Bonds will be sold subject
any, to such Council action made by any
to the opinion of Ahlers, Cooney, Dorweiler,
resident or property owner of said City were
Haynie, Smith & Allbee, P.C., Attorneys of Des
received and considered by the Council; and it is
Moines, Iowa, as to the legality and their opinion
the decision of the Council that additional action
will be furnished together with the printed Bonds
be taken for the issuance of said bonds, and that
without cost to the purchaser and all bids will be
such action is considered to be in the best
so conditioned. Except to the extent necessary
interests of said City and the residents thereof.
to issue their opinion as to the legality of the
NOW, THEREFORE, BE IT RESOLVED BY
Bonds, the attorneys will not examine or review
THE CITY COUNCIL OF THE CITY OF
or express any opinion with respect to the
DUBUQUE, IOWA:
accuracy or completeness of documents,
Section 1. That the Bonds hereinafter
materials or statements made or furnished in
described be offered at public sale, pursuant to
connection with the sale, issuance or marketing
advertisement as required by law.
of the Bonds.
Section 2. That the Clerk is hereby directed to
Rights Reserved: The right is reserved to
publish notice of sale of said Bonds at least
reject any or all bids, and to waive any
once, the last one of which shall be not less than
irregularities as deemed to be in the best
four clear days nor more than twenty days
interests of the public.
before the date of the sale. Publication shall be
made in the Telegraph Herald, a legal
34 Regular Session, February 4, 2002
PARTNERS, L.P., AN IOWA LIMITED
By order of the City Council of the City of
PARTNERSHIP
Dubuque, Iowa.
/s/ Jeanne F. Schneider, City Clerk of the City of WHEREAS, the City of Dubuque, Iowa (City) is
Dubuque, Iowa the owner of the following described real property:
(End of Notice) Commencing at the southwesterly corner of City
Passed, approved and adopted this 4th day of Lot 29 in the City of Dubuque, Iowa, according
February, 2002. to the United States Commissioners’ Map of
Terrance M. Duggan, Mayor
said City, thence northerly along the Westerly
boundary of City Lot 29 and City Lot 30, a
ATTEST: Jeanne F. Schneider, City Clerk
distance of 75 feet more or less to the centerline
Markham moved adoption of the Resolution.
of a proposed underground passageway, said
Seconded by Nicholson. Carried by the following
point being the point of beginning of the
vote: Yeas: Buol, Cline, Connors, Markham,
centerline of the easement hereby defined;
Michalski, Nicholson. Nays--Duggan.
thence southwesterly to a point on the easterly
boundary of City Lot 54 in the City of Dubuque,
Rezoning Request of Dennis and Lori Ansel:
Iowa, according to the United States
Proof of publication on notice of hearing to
Commissioners’ Map of the Town of Dubuque,
consider rezoning property located at 2001
Iowa, said point being located 67.5 feet more or
Rockdale Road from R-1 Single Family
less, northerly along said easterly boundary from
Residential District and C-2 Neighborhood
the southeasterly corner of City Lot 55 in the
Commercial District to CS Commercial Service
City of Dubuque, Iowa, according to the United
and Wholesale District and Zoning Advisory
States Commissioners’ Map of the Town of
Commission recommending denial of the
Dubuque, Iowa, and said point being the
request (from October 16, 2000 meeting where
terminus of said centerline;
item was tabled) and an Ordinance Amending
WHEREAS, Security Partners, L.P., an Iowa
Appendix A (the Zoning Ordinance) of the City of
limited partnership, now desires to obtain an
Dubuque Code of Ordinances by reclassifying
easement through, under and across a portion of
hereinafter described property located at 2001
said property for the purpose of constructing,
Rockdale Road from R-1 Single Family District
using, maintaining, repairing and reconstructing
and C-1 Neighborhood Commercial District to
an enclosed, underground passageway within
CS Commercial Service and Wholesale District,
such easement area, for passage between
presented and read. Michalski moved to send
property now owned by Security Partners, L.P.;
this matter back to the Zoning Commission and
WHEREAS, on February 4, 2002, the City
table the public hearing. Seconded by Buol.
Council pursuant to notice published as required
Motion carried 7-0.
by law held a public hearing on its intent to
dispose of the foregoing interest in real property
Hazard Mitigation Plan Task Force: Proof of
and overruled all objections thereto;
publication on notice of hearing to consider the
AND WHEREAS, the City Council finds that it is
City’s Hazard Mitigation Plan as developed by
in the best interest of the City to approve the
the Hazard Mitigation Plan Task Force and City
disposition of such real property.
Manager recommending adoption of the Plan,
NOW, THEREFORE, BE IT RESOLVED BY
presented and read. Cline moved that the proof
THE CITY COUNCIL OF THE CITY OF
and communication be received and filed and
DUBUQUE, IOWA:
recommendation approved. Seconded by
Section 1. The City Council of the City of
Michalski. Motion carried 7-0.
Dubuque, Iowa, approves the Grant of Easement
attached hereto and the Mayor is hereby
Cottingham and Butler – Easement: Proof of
authorized and directed to sign this resolution and
publication on notice of hearing to consider
the Grant of Easement.
disposing of City interest under a portion of Main
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Passed, approved and adopted this 4 day of
Street between 8 and 9 Street in the City of
February, 2002.
Dubuque, Iowa to Cottingham and Butler, Inc.
Terrance M. Duggan, Mayor
and City Manager recommending approval,
Attest: Jeanne F. Schneider, City Clerk
presented and read. Cline moved that the proof
Cline moved adoption of the Resolution.
and communication be received and filed.
Seconded by Buol. Motion carried 7-0.
Seconded by Buol. Motion carried 7-0.
Mary Lou Baal, of Security Partners, spoke in
Buol moved that the rules be reinstated limiting
favor of the requested disposal. Marty Johnson,
discussion to the Council. Seconded by
from Straka Johnson Architects PC, spoke
Markham. Motion carried 7-0.
detailing the specifics of the project.
ACTION ITEMS
RESOLUTION NO. 45-02
DISPOSING OF AN INTEREST IN REAL
PROPERTY BY EASEMENT TO SECURITY
Regular Session, February 4, 2002 35
Greater Dubuque Development Corporation That the City Council deems it advisable and
Progress Report: Mr. Rick Dickinson, Executive necessary for the public welfare to make the
Director of the Greater Dubuque Development herein mentioned improvements, and unless
Corporation, spoke giving a progress report. property owners at the time of the final
consideration of this proposed resolution have
White Street Reconstruction Project: City on file with the City Clerk objections to the
Manager recommending that the preliminary resolution of necessity, they shall be deemed to
schedule of assessments for the White Street have waived all objections pertaining to the
Reconstruction Project be amended for final regularity of the proceeding and the legality of
adoption at the public hearing on February 18, using the special assessment procedure.
2002 and that a public hearing be set for March Said improvements shall be constructed and
4, 2002 for the nine property owners who did not done in accordance with the plans and
receive the proper notice of the assessable specifications which have been approved by the
project, presented and read. Nicholson moved City Council and now on file with the City Clerk.
that the communication be received and filed. That the cost and expense of making such
Seconded by Connors. Motion carried 7-0. improvement will be assessed partially or totally
against privately owned property lying with the
RESOLUTION NO. 46-02
assessment limits, and in an amount not to
RESOLUTION AMENDING PRELIMINARY
exceed that provided by law, and in proportion to
SCHEDULE OF ASSESSMENTS FOR THE
the special benefits conferred.
ST
WHITE STREET RECONSTRUCTION – 21
The portion of the cost which shall be borne by
ND
TO 32 STREET PROJECT
the City will be paid from the Sanitary Sewer
Whereas, the City Council passed Resolution Fund, Watermain Construction Fund, Local
No. 23-02, dated January 21, 2002, approving Option Sales Tax Fund, and the Street
the Preliminary Schedule of Assessments for the Construction Fund, and special assessment
st
White Street Reconstruction – 21 to 32nd bonds may be issued in anticipation of deferred
Street Project. payments of assessments when a contract has
Whereas, it has been determined that the been performed and accepted, and the
Schedule of Assessments contained errors proceeds thereof used to pay the contractor.
which need to be corrected. The above resolution was introduced,
NOW THEREFORE, BE IT RESOLVED BY approved and ordered placed on file with the
th
THE CITY COUNCIL OF THE CITY OF City Clerk this 4 day of February, 2002.
DUBUQUE, IOWA: Approved and placed on file for final action.
th
That the following amendments, as shown on Passed, approved and adopted this 4 day of
the attached sheets, be made to Resolution No. February, 2002.
23-02, Preliminary Schedule of Assessments, Terrance M. Duggan, Mayor
stnd
for the White Street Reconstruction – 21 to 32 Attest: Jeanne F. Schneider, City Clerk
Street Project. Nicholson moved adoption of the Resolution.
th
Passed, approved and adopted this 4 day of Seconded by Connors. Motion carried 7-0.
February, 2002.
RESOLUTION NO. 48-02
Terrance M. Duggan, Mayor
FIXING DATE OF HEARING
Attest: Jeanne F. Schneider, City Clerk
ON RESOLUTION OF NECESSITY
Nicholson moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0. Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
RESOLUTION NO. 47-02
approval on the proposed plans, specifications
RESOLUTION OF NECESSITY
and form of contract and placed same on file in
Whereas, proposed plans have been duly the office of the City Clerk for public inspection,
prepared and approved by the City Council of for the White Street Reconstruction Project –
stnd
the City of Dubuque and are now on file in the 21 to 32 Street – Supplemental Assessments
office of City Clerk showing among other things to Resolution No. 23-02; and,
the plans, specifications, form of contract, Whereas, the proposed Resolution of
estimated cost and preliminary plat and Necessity for said improvement has been
schedule showing the amount proposed to be introduced and is now on file in the City Clerk's
assessed against each lot and the valuation of office for public inspection.
each lot as filed by the City Council, for the NOW THEREFORE, BE IT RESOLVED BY
st
White Street Reconstruction Project – 21 to THE CITY COUNCIL OF THE CITY OF
nd
32 Street – Supplemental Assessments to DUBUQUE, IOWA:
Resolution No. 23-02. That on the 4th day of March, 2002, a public
NOW THEREFORE, BE IT RESOLVED BY hearing will be held at 6:30 o'clock p.m. in the
THE CITY COUNCIL OF THE CITY OF Public Library Auditorium in the City of Dubuque
DUBUQUE, IOWA: at which time the owners of property subject to
36 Regular Session, February 4, 2002
assessment for the proposed improvement or Iowa League of Cities Annual Conference: City
any other person having an interest in the matter Manager requesting that a City Council Member
may appear and be heard for or against the be designated as a liaison for the Iowa League
making of the improvement, the boundaries of of Cities Annual Conference Bid for 2005 or
the district, the cost, the assessment against any 2006, presented and read. Buol moved that the
lot, or the final adoption of a resolution of communication be received and filed. Seconded
necessity and the City Clerk be and is hereby by Michalski. Motion carried 7-0. Markham
authorized and directed to cause a notice of time moved that Council Member Nicholson be
and place of such hearing to be published in a appointed. Seconded by Buol. Motion carried 7-
newspaper having general circulation in the City 0.
of Dubuque, Iowa, which notice shall be
published once each week for two consecutive U.S. Highway 20 Signal Improvements – STP
weeks, the first publication of which shall be not Agreement: City Manager recommending
less than ten days prior to the day fixed for its approval of a cooperative agreement with the
consideration. Unless property owners at the Iowa Department of Transportation for Surface
time of the final consideration of this proposed Transportation Program funding relating to the
resolution have on file with the City Clerk realignment of University Avenue from Ethel
objections to the Resolution of Necessity they Street to U.S. Highway 20, presented and read.
shall be deemed to have waived all objections Buol moved that the communication be received
thereto. and filed. Seconded by Michalski. Motion carried
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Passed, approved and adopted this 4 day of 7-0.
February, 2002.
RESOLUTION NO. 50-02
Terrance M. Duggan, Mayor
RESOLUTION APPROVING COOPERATIVE
Attest: Jeanne F. Schneider, City Clerk
AGREEMENT BETWEEN THE IOWA
Nicholson moved adoption of the Resolution.
DEPARTMENT OF TRANSPORTATION (IDOT)
Seconded by Connors. Motion carried 7-0.
AND THE CITY OF DUBUQUE RELATING TO
RESOLUTION NO. 49-02 THE REALIGNMENT OF UNIVERSITY
RESOLUTION APPROVING PRELIMINARY AVENUE FROM ETHEL STREET TO US
SCHEDULE OF ASSESSMENTS HIGHWAY 20
NOW, THEREFORE, BE IT RESOLVED BY Whereas, the Iowa Department of
THE CITY COUNCIL OF THE CITY OF Transportation and the City of Dubuque are
DUBUQUE, IOWA: proposing to realign University Avenue from
That the attached sheets, 1 to 1 inclusive, are Ethel Street to US Highway 20, thereby
hereby determined to be the schedule of improving traffic flow along the US 20 Corridor
proposed assessments for the White Street and the intersection of John F. Kennedy Road
stnd
Reconstruction Project – 21 to 32 Street – and University Avenue; and
Supplemental Assessments to Resolution No. Whereas, Agreement No. 6-01-STPU-16 with
23-02 and the valuations set out herein are the Iowa Department of Transportation outlines
hereby approved. the responsibilities of IDOT and the City relating
th
Passed, approved and adopted this 4 day of to the construction project and providing for
February, 2002. Surface Transportation Program (STP) cost
Terrance M. Duggan, Mayor participation in the project; and
Attest: Jeanne F. Schneider, City Clerk Whereas, the City of Dubuque approves the
Nicholson moved adoption of the Resolution. terms and conditions of said cooperative
Seconded by Connors. Motion carried 7-0. agreement.
NOW THEREFORE, BE IT RESOLVED BY
Parking Meter Districts: City Manager THE CITY COUNCIL OF THE CITY OF
recommending approval of an Ordinance to DUBUQUE, IOWA:
expand the meter district to include both sides of Section 1. That the Agreement No. 6-01-
Eighth Street, from Iowa Street to Locust Street, STPU-16 consisting of an agreement for the
and both sides of Main Street, from Fifth Street realignment of University Avenue from Ethel
to Ninth Street and an Ordinance Amending Street to US Highway 20 be approved.
Section 32-336 of the City of Dubuque Code of Section 2. That the Mayor be authorized and
Ordinances establishing the Municipal Parking directed to execute two copies of this agreement
Meter District by adding both sides of Eighth and forward the executed copies to the Iowa
Street from Iowa Street to Locust Street and Department of Transportation for their approval.
th
both sides of Main Street from Fifth Street to Passed, approved and adopted this 4 day of
Ninth Street – this item removed from the February, 2002.
Agenda. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Regular Session, February 4, 2002 37
Buol moved adoption of the Resolution. Section 1. That the City of Dubuque intends to
Seconded by Michalski. Motion carried 7-0. dispose of its interest and vacate the existing
20-foot wide utility easement over Lots 40, 41,
Council Member John Markham Appointment: and 42 of Crescent Heights.
Communication from Tom Bredeweg, Iowa Section 2. That the City Clerk be and is hereby
League of Cities, appointing Council Member authorized and directed to cause a notice of
John Markham to the Finance Administration intent to dispose to be published as prescribed
and Intergovernmental Relations Policy under Section 364.7 Code of Iowa, 1999 or
Committee, presented and read. Michalski amended.
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moved that the communication be received and Passed, approved and adopted this 4 day of
filed and approved appointment. Seconded by February, 2002.
Buol. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Council Member Ann Michalski Appointment: Markham moved adoption of the Resolution
Communication from Tom Bredeweg, Iowa and set for Public Hearing on 2/18/02 at a
League of Cities, appointing Council Member meeting to commence at 6:30 P.M. in the public
Ann Michalski to the Human Development Policy library auditorium and that the City Clerk publish
Committee, presented and read. Cline moved notice in the manner prescribed by law.
that the communication be received and filed Seconded by Buol. Motion carried 7-0.
and approved appointment. Seconded by
Markham. Motion carried 7-0. Mt. Carmel Sanitary Sewer Extension: City
Manager recommending acceptance of the Mt.
International Institute of Municipal Clerks: Carmel Sanitary Sewer Extension Project and
Communication from the International Institute of that a public hearing be set for February 18,
Municipal Clerks advising that City Clerk Jeanne 2002 on the connection fees for the sanitary
Schneider has achieved the status of Certified sewer, presented and read. Michalski moved
Municipal Clerk (CMC), presented and read. that the communication be received and filed.
Nicholson moved that the communication be Seconded by Nicholson. Motion carried 7-0.
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 52-02
ACCEPTING IMPROVEMENT
ITEMS TO BE SET FOR PUBLIC HEARING
Whereas, the contract for the Mt. Carmel
Sanitary Sewer Extension Project has been
Crescent Heights – Request to Vacate: City
completed and the City Manager has examined
Manager recommending that a public hearing be
the work and filed his certificate stating that the
set for February 18, 2002 to consider a request
same has been completed according to the
from Larry and Sharon McDermott to vacate a
terms of the contract, plans and specifications
20-foot wide utility easement on Crescent
and recommends its acceptance.
Heights, presented and read. Markham moved
NOW THEREFORE, BE IT RESOLVED BY
that the communication be received and filed.
THE CITY COUNCIL OF THE CITY OF
Seconded by Buol. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That the recommendation of the
RESOLUTION NO. 51-02
City Manager be approved and that said
RESOLUTION OF INTENT TO DISPOSE OF
improvement be and the same is hereby
INTEREST AND VACATE UTILITY
accepted.
EASEMENT OVER LOTS 40, 41, AND 42 OF
BE IT FURTHER RESOLVED that the City
CRESCENT HEIGHTS IN THE CITY OF
Treasurer be and he is hereby directed to pay to
DUBUQUE, DUBUQUE COUNTY, IOWA
the contractor from the Fiscal Year 2002
Whereas, Larry E. and Sharon A. McDermott
Sanitary Sewer Construction Fund in amount
are the current owners of Lots 40, 41,and 42 of
equal to the amount of this contract, less any
Crescent Heights;
retained percentage provided for therein.
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Whereas, a 20-foot wide utility easement is
Passed, approved and adopted this 4 day of
currently platted on said lots; and
February, 2002.
Whereas, Larry E. and Sharon A. McDermott
Terrance M. Duggan, Mayor
have petitioned to vacate the easement in said
Attest: Jeanne F. Schneider, City Clerk
lot; and
Michalski moved adoption of the Resolution.
Whereas, Larry E. and Sharon A. McDermott
Seconded by Nicholson. Motion carried 7-0.
have platted an alternate easement as recorded
as Instrument No. 209-02.
RESOLUTION NO. 53-02
NOW THEREFORE, BE IT RESOLVED BY
FINAL ESTIMATE
THE CITY COUNCIL OF THE CITY OF
Whereas, the contract for the Mt. Carmel
DUBUQUE, IOWA:
Sanitary Sewer Extension Project has been
38 Regular Session, February 4, 2002
completed and the City Engineer has submitted That the City Clerk be and is hereby directed
his final estimate showing the cost thereof to certify said schedule to theCounty Treasurer
including the cost of estimates, notices and of Dubuque County, Iowa, and to publish notice
inspection and all miscellaneous costs; of said certification once each week for two
NOW THEREFORE, BE IT RESOLVED BY consecutive weeks in the manner provided in
THE CITY COUNCIL OF THE CITY OF Section 362.3, the first publication of which shall
DUBUQUE, IOWA: be not more than fifteen days from the date of
Section 1. That the cost of said improvement is filing of the final schedule. On or before the date
hereby determined to be $209,000.19. of the second publication of the notice, the City
Section 2. That $87,221.35 of the cost thereof Clerk shall also mail a copy of said notice to
shall be assessable upon private property and property owners whose property is subject to
$121,778.84 shall be paid from the Fiscal Year assessment, as provided and directed in Section
2002 Sanitary Sewer Construction Fund. 384.60 of the Code of Iowa.
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Passed, approved and adopted this 4 day of That assessments may be paid in full or in part
February, 2002. without interest at the office of the County
Terrance M. Duggan, Mayor Treasurer, at any time within 30 days after the
Attest: Jeanne F. Schneider, City Clerk date of the first publication of this notice of the
Michalski moved adoption of the Resolution. filing of the final schedule of assessments with
Seconded by Nicholson. Motion carried 7-0. the County Treasurer. After 30 days unpaid
assessments of $50.00 or more are payable in
RESOLUTION NO. 54-02
10 annual installments and will draw annual
A RESOLUTION ADOPTING THE PRE-
interest at nine (9) percent (commencing on the
LIMINARY SCHEDULE OF FINAL ASSESS-
date of acceptance of the work) computed to the
MENTS FOR THE MT. CARMEL SANITARY
December 1 next following the due dates of the
SEWER EXTENSION PROJECT INCLUDING
respective installments as provided in Section
CERTAIN INFORMATION REQUIRED BY THE
384.65 of the Code of Iowa. Each installment will
CODE OF IOWA, SPECIFICALLY, THE
be delinquent from October 1 following its due
NUMBER OF ANNUAL INSTALLMENTS INTO
date on July 1 of each year. Property owners
WHICH ASSESSMENTS ARE DIVIDED, THE
may elect to pay any annual installments
INTEREST ON ALL UNPAID INSTALLMENTS,
semiannually in advance.
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THE TIME WHEN THE ASSESSMENTS ARE
Passed, approved and adopted this 4 day of
PAYABLE AND DIRECTING THE CLERK TO
February, 2002.
CERTIFY THE FINAL SCHEDULE AND TO
Terrance M. Duggan, Mayor
PUBLISH NOTICE THEREOF.
Attest: Jeanne F. Schneider, City Clerk
NOW THEREFORE, BE IT RESOLVED BY Michalski moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0.
DUBUQUE, IOWA:
RESOLUTION NO. 55-02
That after full consideration of the final
RESOLUTION PROVIDING FOR NOTICE OF
schedule of assessments and accompanying
THE DATE, TIME AND PLACE FOR A PUBLIC
plat showing the assessments proposed to be
HEARING ON AN ORDINANCE ESTAB-
made for the construction of the Mt. Carmel
LISHING A SCHEDULE OF CONNECTION
Sanitary Sewer Extension Project under contract
FEES FOR THE MT. CARMEL SANITARY
with Connolly Construction, Inc. of Peosta, Iowa,
SEWER EXTENSION PROJECT WITHIN THE
which final plat and schedule were filed in the
th
CITY OF DUBUQUE, IOWA
office of the City Clerk on the 4 day of
February, 2002, the said schedule of Whereas, the City Council of the City of
assessments be and the same is hereby Dubuque, Iowa, proposes to establish, by
approved and adopted. Ordinance after notice of a public hearing, the
That there be, and is hereby assessed and Mt. Carmel Sanitary Sewer Extension Project
levied as a special tax against and upon each of and to provide a schedule of connection fees
the lots, the respective sums indicated. therefor; and
Provided, further, that the amounts shown in Whereas, Iowa Code Section 384.36(3)
said final schedule of assessments as requires notice and a public hearing on such
deficiencies are found to be proper and levied Ordinance;
conditionally against the respective properties NOW, THEREFORE, BE IT RESOLVED BY
benefitted by the improvements as shown in the THE CITY COUNCIL OF THE CITY OF
schedule, subject to the provisions of Section DUBUQUE, IOWA:
384.63 of the Code of Iowa. Said assessments Section 1. The City Clerk is hereby authorized
against said lots are hereby declared to be in and directed to publish notice of date, time and
proportion to the special benefits conferred and place of the hearing on said proposed
not in excess of twenty-five percent of the value Ordinance, which hearing shall be on February
of same. 18, 2002, at 6:30 p.m. in the Public Library
Regular Session, February 4, 2002 39
Auditorium, 360 West 11 Street, in the City of a Program Year 2002 (Fiscal Year 2003)
Dubuque, Iowa, such publication to be once Community Development Block Grant Annual
each week for two consecutive weeks in the Plan addressing both housing and non-housing
manner provided by Section 362.3, the first needs in the community; and
publication of which shall not be less than ten Whereas, copies of the draft Program Year
(10) days before the date of the hearing. 2002(Fiscal Year 2003) CDBG Annual Plan
Section 2. The notice shall be substantially the have been available for public comment 30 days
following form: prior to City Council action; and
Notice to Property Owners Whereas, the City's Community Development
Notice is given that there is now on file for Advisory Commission has recommended
public inspection in the office of the Clerk of the adoption of this budget.
City of Dubuque, City Hall, Dubuque, Iowa, a NOW, THEREFORE, BE IT RESOLVED BY
proposed Ordinance establishing the Mt. Carmel THE CITY COUNCIL OF THE CITY OF
Sanitary Sewer Extension Project and providing DUBUQUE, IOWA:
for connection fees. Section 1. That the City Council will meet in
The Council will meet at 6:30 p.m. on February the Carnegie Stout Public Library Auditorium,
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18, 2002, at the Public Library Auditorium, 360 360 West 11 Street, Dubuque, Iowa at 6:30
West 11 Street, in the City of Dubuque, Iowa, at p.m. on February 21, 2002 for the purpose of
which time the owners of property subject to holding a public hearing and taking final action
connection fees in the Mt. Carmel Sanitary on the Program Year 2002 (Fiscal Year 2003)
Sewer Extension Project or any other persons Community Development Block Grant Annual
having an interest in the matter may appear and Plan.
be heard for or against the establishment of the Section 2. That the City Clerk be and she is
District, or the schedule of connection fees. A hereby authorized and directed to publish a
person subject to such connection fees will be notice of such public hearing and the City
deemed to have waived all objections unless at Council’s intent to review and take action on the
the time of hearing, the person has filed Program Year 2002 (Fiscal Year 2003)
objections with the Clerk. Community Development Block Grant Annual
Section 3. Not less than fifteen (15) days Plan.
th
before the hearing, the Clerk shall also send a Passed, approved and adopted this 4 day of
copy of the notice by mail to each property February 2002.
owner whose property will be served by Terrance M. Duggan, Mayor
connection to said City sewer and be subject to Attest: Jeanne F. Schneider, City Clerk
the connection fees at the address as shown by Markham moved adoption of the Resolution
the records of the County Auditor. and set for Public Hearing 2/21/02 at a meeting
th
Passed, approved and adopted this 4 day of to commence at 6:15 P.M. in the Public Library
February, 2002. Auditorium and that the City Clerk publish notice
Terrance M. Duggan, Mayor in the manner prescribed by law. Seconded by
Attest: Jeanne F. Schneider, City Clerk Buol. Motion carried 7-0.
Michalski moved adoption of the Resolution
and set for Public Hearing on 2/18/02 at a Rip Row Valley Ball Field Development: City
meeting to commence at 6:30 P.M. in the Public Manager recommending initiation of the bidding
Library Auditorium and that the City Clerk process for demolition and grading of the ball
publish notice in the manner prescribed by law.. field site of the Rip Row Valley development and
Seconded by Nicholson. Motion carried 7-0. that a public hearing be set for March 4, 2002,
presented and read. Markham moved that the
Fiscal Year 2003 Annual Action Plan: City communication be received and filed. Seconded
Manager submitting the City’s Fiscal Year 2003 by Buol. Motion carried 7-0.
Annual Action Plan and recommending that a
RESOLUTION NO. 57-02
public hearing be set for February 21, 2002 to
PRELIMINARY APPROVAL OF
consider the Plan, presented and read.
PLANS AND SPECIFICATIONS
Markham moved that the communication be
received and filed. Seconded by Buol. Motion BE IT RESOLVED BY THE CITY COUNCIL
carried 7-0. OF THE CITY OF DUBUQUE, IOWA:
RESOLUTION NO. 56-02
That the proposed plans, specifications, form
A RESOLUTION SETTING A PUBLIC
of contract and estimated cost for the Rip Row
HEARING ON THE PROGRAM YEAR 2002
Valley Ball Field Demolition and Grading Project,
(FISCAL YEAR 2003) COMMUNITY
in the estimated amount of $170,500, are hereby
DEVELOPMENT BLOCK GRANT (CDBG)
approved and ordered filed in the office of the
ANNUAL PLAN.
City Clerk, for public inspection.
Whereas, the City of Dubuque has, through a Passed, approved and adopted this 4th day of
series of public meetings and hearings, finalized February, 2002.
40 Regular Session, February 4, 2002
Terrance M. Duggan, Mayor
less than four days nor more than twenty days
prior to the receipt of said bids at 2:00 p.m. on
Attest: Jeanne F. Schneider, City Clerk
the 21st day of February, 2002. Bids shall be
Markham moved adoption of the Resolution.
opened and read by the City Clerk at said time
Seconded by Buol. Motion carried 7-0.
and will be submitted to the Council for final
action at 6:30 p.m. on the 4th day of March,
RESOLUTION NO. 58-02
2002.
FIXING DATE OF HEARING ON
Passed, approved and adopted this 4th day of
PLANS AND SPECIFICATIONS
February, 2002.
WHEREAS, the City Council of the City of
Terrance M. Duggan, Mayor
Dubuque, Iowa has given its preliminary
Attest: Jeanne F. Schneider, City Clerk
approval on the proposed plans, specifications,
Markham moved adoption of the Resolution.
and form of contract and placed same on file in
Seconded by Buol. Motion carried 7-0.
the office of the City Clerk for public inspection
of the Rip Row Valley Ball Field Demolition and
Utilities Extension - Rip Row Valley: City
Grading Project.
Manager recommending initiation of the bidding
NOW, THEREFORE, BE IT RESOLVED, BY
process for the Rip Row Valley Utilities
THE CITY COUNCIL OF THE CITY OF
Extension Project and that a public hearing be
DUBUQUE, IOWA, that on the 4th day of March,
set for March 4, 2002, presented and read.
2002, a public hearing will be held at 6:30 p.m.
Markham moved that the communication be
in the Public Library Auditorium, at which time
received and filed. Seconded by Buol. Motion
interested persons may appear and be heard for
carried 7-0.
or against the proposed plans and
specifications, form of contract and cost of said
RESOLUTION NO. 60-02
improvement, and the City Clerk be and is
PRELIMINARY APPROVAL OF
hereby directed to cause a notice of time and
PLANS AND SPECIFICATIONS
place of such hearing to be published in a
BE IT RESOLVED BY THE CITY COUNCIL
newspaper having general circulation in the City
OF THE CITY OF DUBUQUE, IOWA:
of Dubuque, Iowa, which notice shall be not less
That the proposed plans, specifications, form
than four days nor more than twenty days prior
of contract and estimated cost for the Rip Row
to the day fixed for its consideration. At the
Valley Utilities Extension Project, in the
hearing, any interested person may appear and
estimated amount of $170,500, are hereby
file objections to the proposed plans,
approved and ordered filed in the office of the
specifications, contract, or estimated cost of the
City Clerk, for public inspection.
improvement.
Passed, approved and adopted this 4th day of
Passed, approved and adopted this 4th day of
February, 2002.
February, 2002.
Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution Markham moved adoption of the Resolution.
and set Public Hearing for 3/4/02 at 6:30 P.M. in Seconded by Buol. Motion carried 7-0.
the Public Library Auditorium and that the City
RESOLUTION NO. 61-02
Clerk publish notice in the manner prescribed by
FIXING DATE OF HEARING
law. Seconded by Buol. Motion carried 7-0.
ON PLANS AND SPECIFICATIONS
RESOLUTION NO. 59-02
WHEREAS, the City Council of the City of
ORDERING BIDS
Dubuque, Iowa has given its preliminary
BE IT RESOLVED BY THE CITY COUNCIL approval on the proposed plans, specifications,
OF THE CITY OF DUBUQUE, IOWA: and form of contract and placed same on file in
That the Rip Row Valley Ball Field Demolition the office of the City Clerk for public inspection
and Grading Project is hereby ordered to be of the Rip Row Valley Utilities Extension Project.
advertised for bids for construction. NOW, THEREFORE, BE IT RESOLVED, BY
BE IT FURTHER RESOLVED, that the amount THE CITY COUNCIL OF THE CITY OF
of the security to accompany each bid shall be in DUBUQUE, IOWA, that on the 4th day of March,
an amount which shall conform to the provisions 2002, a public hearing will be held at 6:30 p.m.
of the notice to bidders hereby approved as a in the Public Library Auditorium, at which time
part of the plans and specifications heretofore interested persons may appear and be heard for
adopted. or against the proposed plans and
That the City Clerk is hereby directed to specifications, form of contract and cost of said
advertise for bids for the construction of the improvement, and the City Clerk be and is
improvements herein provided, to be published hereby directed to cause a notice of time and
in a newspaper having general circulation in the place of such hearing to be published in a
City of Dubuque, Iowa, which notice shall not be newspaper having general circulation in the City
Regular Session, February 4, 2002 41
of Dubuque, Iowa, which notice shall be not less NOW THEREFORE, BE IT RESOLVED BY
than four days nor more than twenty days prior THE CITY COUNCIL OF THE CITY OF
to the day fixed for its consideration. At the DUBUQUE, IOWA:
hearing, any interested person may appear and That the proposed plans, specifications, form
file objections to the proposed plans, of contract and estimated cost for the Burlington
specifications, contract, or estimated cost of the Northern Railroad Depot Restoration Project, in
improvement. the estimated amount of $1,197,331.00, are
Passed, approved and adopted this 4th day of hereby approved and ordered filed in the office
February, 2002. of the City Clerk for public inspection.
th
Terrance M. Duggan, Mayor Passed, approved and adopted this 4 day of
Attest: Jeanne F. Schneider, City Clerk February, 2002.
Markham moved adoption of the Resolution Terrance M. Duggan, Mayor
and set Public Hearing for 3/4/02 at 6:30 P.M. in Attest: Jeanne F. Schneider, City Clerk
the Public Library Auditorium and that the City Markham moved adoption of the Resolution.
Clerk publish notice in the manner prescribed by Seconded by Buol. Motion carried 7-0.
law. Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 64-02
RESOLUTION NO. 62-02 FIXING DATE OF HEARING
ORDERING BIDS ON PLANS AND SPECIFICATION
BE IT RESOLVED BY THE CITY COUNCIL Whereas, the City Council of the City of
OF THE CITY OF DUBUQUE, IOWA: Dubuque, Iowa has given its preliminary
That the Rip Row Valley Utilities Extension approval on the proposed plans, specifications,
Project is hereby ordered to be advertised for and form of contract and placed same on file in
bids for construction. the office of the City Clerk for public inspection
BE IT FURTHER RESOLVED, that the amount of the Burlington Northern Railroad Depot
of the security to accompany each bid shall be in Restoration Project.
an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY
of the notice to bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF
part of the plans and specifications heretofore DUBUQUE, IOWA:
th
adopted. That on the 18 day of March, 2002, a public
That the City Clerk is hereby directed to hearing will be held at 6:30 p.m. in the Public
advertise for bids for the construction of the Library Auditorium at which time interested
improvements herein provided, to be published persons may appear and be heard for or against
in a newspaper having general circulation in the the proposed plans and specifications, form of
City of Dubuque, Iowa, which notice shall not be contract and cost of said improvement, and the
less than four days nor more than twenty days City Clerk be and is hereby directed to cause a
prior to the receipt of said bids at 2:00 p.m. on notice of time and place of such hearing to be
the 21st day of February, 2002. Bids shall be published in a newspaper having general
opened and read by the City Clerk at said time circulation in the City of Dubuque, Iowa, which
and will be submitted to the Council for final notice shall be not less than four days nor more
action at 6:30 p.m. on the 4th day of March, than twenty days prior to the day fixed for its
2002. consideration. At the hearing, any interested
Passed, approved and adopted this 4th day of person may appear and file objections to the
February, 2002. proposed plans, specifications, contract, or
Terrance M. Duggan, Mayor estimated cost of the improvement.
th
Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 4 day of
Markham moved adoption of the Resolution. February, 2002.
Seconded by Buol. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Burlington Northern Railroad Depot Markham moved adoption of the Resolution
Restoration Project – Initiate: City Manager and set date of Public Hearing for 3/18/02 at
recommending initiation of the bidding process 6:30 P.M. in the Public Library Auditorium and
for Train Depot Restoration Project and that a that the City Clerk publish notice in the manner
public hearing be set for March 18, 2002, prescribed by law. Seconded by Buol. Motion
presented and read. Markham moved that the carried 7-0.
RESOLUTION NO. 65-02
communication be received and filed. Seconded
ORDERING BIDS
by Buol. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 63-02
THE CITY COUNCIL OF THE CITY OF
PRELIMINARY APPROVAL OF
DUBUQUE, IOWA:
PLANS AND SPECIFICATIONS
42 Regular Session, February 4, 2002
That the Burlington Northern Railroad Depot approval on the proposed plans, specifications,
Restoration Project is hereby ordered to be and form of contract and placed same on file in
advertised for bids for construction. the office of the City Clerk for public inspection
BE IT FURTHER RESOLVED, that the amount of the Woodward Museum – 2002 Renovations
of the security to accompany each bid shall be in Project.
an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY
of the notice to bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF
part of the plans and specifications heretofore DUBUQUE, IOWA:
th
adopted. That on the 18 day of March, 2002, a public
That the City Clerk is hereby directed to hearing will be held at 6:30 p.m. in the Public
advertise for bids for the construction of the Library Auditorium at which time interested
improvements herein provided, to be published persons may appear and be heard for or against
in a newspaper having general circulation in the the proposed plans and specifications, form of
City of Dubuque, Iowa, which notice shall not be contract and cost of said improvement, and the
less than four days nor more than forty-five days City Clerk be and is hereby directed to cause a
prior to the receipt of said bids at 2:00 p.m. on notice of time and place of such hearing to be
th
the 6 day of March, 2002. Bids shall be opened published in a newspaper having general
and read by the City Clerk at said time and will circulation in the City of Dubuque, Iowa, which
be submitted to the Council for final action at notice shall be not less than four days nor more
th
6:30 p.m. on the 18 day of March, 2002. than twenty days prior to the day fixed for its
th
Passed, approved and adopted this 4 day of consideration. At the hearing, any interested
February, 2002. person may appear and file objections to the
Terrance M. Duggan, Mayor proposed plans, specifications, contract, or
Attest: Jeanne F. Schneider, City Clerk estimated cost of the improvement.
th
Markham moved adoption of the Resolution. Passed, approved and adopted this 4 day of
Seconded by Buol. Motion carried 7-0. February, 2002.
Terrance M. Duggan, Mayor
Woodward Museum Restoration Project – Attest: Jeanne F. Schneider, City Clerk
Initiate: City Manager recommending initiation of Markham moved adoption of the Resolution
the bidding process for Woodward Museum and set Public Hearing for 3/18/02 at 6:30 P.M.
Restoration Project and that a public hearing be in the public library auditorium and that the City
set for March 18, 2002, presented and read. Clerk publish notice in the manner prescribed by
Markham moved that the communication be law. Seconded by Buol. Motion carried 7-0.
received and filed. Seconded by Buol. Motion
RESOLUTION NO. 68-02
carried 7-0.
ORDERING BIDS
RESOLUTION NO. 66-02
NOW THEREFORE, BE IT RESOLVED BY
PRELIMINARY APPROVAL OF
THE CITY COUNCIL OF THE CITY OF
PLANS AND SPECIFICATIONS
DUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVED BY That the Woodward Museum – 2002
THE CITY COUNCIL OF THE CITY OF Renovations Project is hereby ordered to be
DUBUQUE, IOWA: advertised for bids for construction.
That the proposed plans, specifications, form BE IT FURTHER RESOLVED, that the amount
of contract and estimated cost for the Woodward of the security to accompany each bid shall be in
Museum – 2002 Renovations Project, in the an amount which shall conform to the provisions
estimated amount of $400,923.00, are hereby of the notice to bidders hereby approved as a
approved and ordered filed in the office of the part of the plans and specifications heretofore
City Clerk for public inspection. adopted.
th
Passed, approved and adopted this 4 day of That the City Clerk is hereby directed to
February, 2002. advertise for bids for the construction of the
Terrance M. Duggan, Mayor improvements herein provided, to be published
Attest: Jeanne F. Schneider, City Clerk in a newspaper having general circulation in the
Markham moved adoption of the Resolution. City of Dubuque, Iowa, which notice shall not be
Seconded by Buol. Motion carried 7-0. less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
th
the 6 day of March, 2002. Bids shall be opened
and read by the City Clerk at said time and will
RESOLUTION NO. 67-02
be submitted to the Council for final action at
th
FIXING DATE OF HEARING ON
6:30 p.m. on the 18 day of March, 2002.
th
PLANS AND SPECIFICATIONS
Passed, approved and adopted this 4 day of
Whereas, the City Council of the City of February, 2002.
Dubuque, Iowa has given its preliminary Terrance M. Duggan, Mayor
Regular Session, February 4, 2002 43
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution. Approved:__________________________2002
Seconded by Buol. Motion carried 7-0.
Adopted:___________________________2002
At 7:27 P.M. Buol 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. Mayor
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
carried 7-0. The meeting adjourned at 7:51 P.M. ______________________________________
/s/ Jeanne F. Schneider, CMC ______________________________________
City Clerk
______________________________________
1t 2/13 Council Members
Attest:
______________________________________
City Clerk
44 Special Session, February 6, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved:__________________________2002
City Council, Special Session, February 6,
2002
Adopted:___________________________2002
Council met in special session at 6:15 p.m. in
the Library Auditorium
Present: Mayor Duggan, Council Members
______________________________________
Buol, Cline, Connors, Markham, Michalski,
Mayor
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.
______________________________________
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
Council Members
7-0. The meeting adjourned at 7:52 p.m.
Attest:
/s/ Jeanne F. Schneider
City Clerk
______________________________________
1t 2/13
City Clerk
Special Session, February 14, 2002 45
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 14,
Approved:__________________________2002
2002
Council met in special session at 6:15 p.m. in
Adopted:___________________________2002
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
______________________________________
Nicholson; City Manager Michael Van Milligen
Mayor
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
computer system as the current loop is
______________________________________
interfering with construction of the Dubuque Law
Council Members
Enforcement Center Expansion Project,
presented and read. Markham moved that the
Attest:
communication be received and filed and
approved recommendation. Seconded by Buol.
______________________________________
Motion carried 7-0.
City Clerk
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
carried 7-0. The meeting adjourned at 8:33
p.m.
/s/ Jeanne F. Schneider
City Clerk
2/20
46 Regular Session, February 18, 2002
DUBUQUE
Notice of Claims/Suits: Shirley Blong in
undetermined amount for property damage;
CITY COUNCIL
Deborah S. DeVenuta in estimated amount of
OFFICIAL
$393.53 for vehicle damage; Jorja’s Restaurant
PROCEEDINGS
and Lounge in estimated amount of $129.47 for
property damage; L & I Building Company in
City Council, Regular Session, February 18,
estimated amount of $1,108.12, presented and
2002
read. Buol moved that the claims and suits be
Council met in Regular Session at 6:30 P.M. in
referred to the Legal Staff for investigation and
the Library Auditorium
report. Seconded by Cline. Motion carried 6-0.
Present: Council Members Buol, Cline,
Connors, Markham, Michalski, Nicholson, City
Corporation Counsel advising that the
Manager Michael Van Milligen, Corporation
following claims have been referred to Public
Counsel Barry Lindahl.
Entity Risk Services of Iowa, the agent for the
Absent at Roll Call: Mayor Duggan.
Iowa Communities Assurance Pool: Shirley
Blong for property damage; Fred White for
Mayor Pro-Tem Michalski read the call and
property damage, presented and read. Buol
stated this is the regular session of the City
moved that the communications be received and
Council for the purpose of acting upon such
filed and concurred with the disposition.
business that may properly come before the City
Seconded by Cline. Motion carried 6-0.
Council.
Mechanical Board of Examiners: Building
Invocation was given by Father Scott Bullock,
Services Manager Rich Russell advising that
Director of Seminarians, Archdiocese of
there is a vacancy on the Mechanical Board of
Dubuque.
Examiners due to the death of Board Member
Bob Bush, presented and read. Buol moved that
CONSENT ITEMS
the communication be received and filed.
Seconded by Cline. Motion carried 6-0.
Minutes Submitted: Airport Commission of
1/28; Civil Service Commission of 1/3; Human
Civil Service Commission: Civil Service
Rights Commission of 1/14; Mechanical Code
Commission submitting the certified lists for the
Board of 1/31; Park and Recreation Commission
positions of Aquatics and Therapeutic
of 1/8; Plumbing Board of 1/29; Zoning Advisory
Recreation Supervisor and Sanitation Driver,
Commission of 2/6, presented and read. Buol
presented and read.
moved that the minutes be received and filed.
Seconded by Cline. Motion carried 6-0.
February 8, 2002
Honorable Mayor and Members of the City
Proof of publication of City Council
Council
proceedings of 1/21; proof of publication of list of
In accordance with Chapter 400 of the 2001
claims and summary of revenues for the month
Code of Iowa, an examination for the position of
ending December 31, 2001, presented and read.
Aquatics and Therapeutic Recreation Supervisor
Buol moved that the proofs be received and
was conducted. We hereby certify that the
filed. Seconded by Cline. Motion carried 6-0.
individuals listed below have passed this written
examination and the vacancy for this position
Printed Council Proceedings for December,
should be made from this list and that this list is
2001, presented and read. Buol moved that the
good for two (2) years from above date.
proceedings be approved as printed. Seconded
Aquatics and Therapeutic Recreation
by Cline. Motion carried 6-0.
Supervisor
Janna Beau
Chamber of Commerce Convention and
Stephanie Hess
Visitors Bureau Quarterly Report, presented and
Todd Gilligan
read. Buol moved that the communication be
Respectfully submitted,
received and filed. Seconded by Cline. Motion
/s/ Merle Duehr, Chairperson
carried 6-0.
/s/ Richard Wertzberger
Civil Service Commission
Finance Director Ken TeKippe submitting the
Buol moved that the above Civil Service
City of Dubuque Financial Reports for the month
certification be received and filed and made a
ending January 31, 2002, presented and read.
matter of record. Seconded by Cline. Motion
Buol moved that the communication be received
carried 6-0.
and filed. Seconded by Cline. Motion carried 6-
0.
Regular Session, February 18, 2002 47
February 8, 2002 Mediacom Communications Corporation:
Honorable Mayor and Members of the City Communication from City Manager Michael C.
Council Van Milligen to Bruce Gluckman, Vice President
In accordance with Chapter 400 of the 2001 of Legal and Regulatory Affairs for Mediacom
Code of Iowa, an examination for the position of Communications Corporation, regarding
Sanitation Driver was conducted on January 22, franchise fees, presented and read. Buol moved
2002. We hereby certify that the individuals that the communication be received and filed.
listed below have passed this written Seconded by Cline. Motion carried 6-0.
examination and the vacancy for this position
should be made from this list and that this list is Department of Public Defense – Emergency
good for two (2) years from above date. Management Division: Communication of City
SANIATION DRIVER Manager Michael C. Van Milligen to Ellen M.
Garry Clauer Gordon, Administrator of the Iowa Department of
Matthew Cooper Public Defense Emergency Management
Philip Schoenberger Division regarding Dubuque County’s
Respectfully submitted, compliance status with State of Iowa Code
/s/ Merle Duehr, Chairperson Section 29C.9(8), presented and read. Buol
/s/ Richard Wertzberger moved that the communication be received and
Civil Service Commission filed. Seconded by Cline. Motion carried 6-0.
Buol moved that the above Civil Service
certification be received and filed and made a Legislative Correspondence: Communication
matter of record. Seconded by Cline. Motion of City Manager Michael C. Van Milligen to area
carried 6-0. legislators advising that the City supports a bill
being considered in the House to set the tax rate
Hazard Mitigation Plan: Communication from at the Dubuque Greyhound Park and Casino at
Darwin Polk, East Central Intergovernmental 28 percent, presented and read. Buol moved
Association, requesting that the City consider a that the communication be received and filed.
Resolution formally adopting the Dubuque Seconded by Cline. Motion carried 6-0.
Hazard Mitigation Plan, which the Council
approved on February 4, 2002, presented and State Historical Society of Iowa:
read. Buol moved that the communication be Communication from the State Historical Society
received and filed. Seconded by Cline. Motion of Iowa advising that the Four Mounds Estate
carried 6-0. Historic District, and the Town Clock Building
have been listed in the National Register of
RESOLUTION NO. 69-02
Historic Places effective January 24, 2002,
APPROVING AND ADOPTING THE
presented and read. Buol moved that the
DUBUQUE HAZARD MITIGATION PLAN
communication be received and filed. Seconded
WHEREAS, the Dubuque Hazard Mitigation by Cline. Motion carried 6-0.
Plan was presented to the Dubuque City Council
on February 4, 2002; and Eagle Point No. 2 – Final Plat: Zoning Advisory
WHEREAS, said Hazard Mitigation Plan was Commission recommending approval of the final
prepared in accordance with the Model Hazard plat of Eagle Point No. 2 Subdivision at the end
Mitigation Plan Handbook provided by the Iowa of Rhomberg Avenue in the City of Dubuque and
Emergency Management Division; and Dubuque County as requested by the City of
WHEREAS, said Hazard Mitigation Plan Dubuque, and a Resolution Approving the final
identifies the City’s potential hazards in the plat of Eagle Point No. 2 in the City of Dubuque,
community; and Iowa, presented and read.
WHEREAS, said Hazard Mitigation Plan John Duccini spoke and requested that this
assesses the ongoing mitigation goals in the item be tabled. Rita Johnson spoke and
community, evaluates the mitigation alternatives requested that this be adopted as
that should be undertaken, and summarizes the recommended.
strategies for implementation; and Nicholson moved to table this matter for one
NOW THEREFORE BE IT RESOLVED that month. Seconded by Markham. Motion carried
the City Council of the City of Dubuque does 6-0.
hereby approve and adopt the Dubuque Hazard
Mitigation Plan this 18th day of February, 2002. Sullivan’s Addition – Final Plat: Zoning
Ann E. Michalski, Mayor Pro-Tem Advisory Commission recommending approval
Attest: Jeanne F. Schneider, CMC, City Clerk of the final plat of Lots 1 through 6 of Sullivan’s
nd
Buol moved adoption of the Resolution. Addition on West 32 Street west of Fink Street
Seconded by Cline. Motion carried 6-0. in the City of Dubuque and Dubuque County as
requested by James and Anita Sullivan,
presented and read. Buol moved that the
48 Regular Session, February 18, 2002
communication be received and filed. Seconded Whereas, said plat of survey has been
by Cline. Motion carried 6-0. examined by the City Council and they find that
it conforms to the statutes and ordinances
RESOLUTION NO. 70-02
relating thereto.
RESOLUTION APPROVING THE FINAL PLAT
NOW THEREFORE, BE IT RESOLVED BY
LOTS 1 THRU 6 OF SULLIVAN’S ADDITION
THE CITY COUNCIL OF THE CITY OF
IN THE CITY OF DUBUQUE, IOWA
DUBUQUE, IOWA:
Whereas, there has been filed with the City Section 1. That Section 42-19(b) of the
Clerk a Final Plat Lots 1 thru 6 of Sullivan’s Subdivision Regulations is waived to allow Lot 1-
Addition in the City of Dubuque, Iowa; and 2A with 25.03 feet of lot frontage and 5,982
Whereas, said plat of survey has been square feet of lot area, and Lot 2-2A with 25.07
examined by the Zoning Advisory Commission feet of lot frontage and 5,994 square feet of lot
and had its approval endorsed thereon; and area, where 60 feet and 6,000 square feet
Whereas, said plat of survey has been respectively is required.
examined by the City Council and they find that Section 2. That the plat of survey Lot 1-2A and
it conforms to the statutes and ordinances Lot 2-2A of Westview Shopping Center Place
relating thereto. No. 2 is hereby approved, and the Mayor and
NOW THEREFORE, BE IT RESOLVED BY City Clerk are hereby authorized and directed to
THE COUNCIL OF THE CITY OF DUBUQUE, endorse the approval of the City of Dubuque,
IOWA: Iowa upon said final plat.
Section 1. That the Final Plat Lots 1 thru 6 of Passed, approved and adopted this 18th day
Sullivan’s Addition is hereby approved, and the of February 2002.
Mayor and City Clerk are hereby authorized and Terrance M. Duggan, Mayor
directed to endorse the approval of the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque, Iowa upon said final plat. Buol moved adoption of the Resolution.
th
Passed, approved and adopted this 18 day of Seconded by Cline. Motion carried 6-0.
February, 2002.
Ann E. Michalski, Mayor Pro-Tem Westview Shopping Center Place No. 3 - Plat
Attest: Jeanne F. Schneider, City Clerk of Survey: Zoning Advisory Commission
Buol moved adoption of the Resolution. recommending approval of the plat of survey of
Seconded by Cline. Motion carried 6-0. Westview Shopping Center Place No. 3 located
in the 1800 block of John F. Kennedy Road as
Westview Shopping Center Place No. 2 – Plat requested by Key City Investment Company,
of Survey: Zoning Advisory Commission presented and read. Buol moved that the
recommending approval of the plat of survey of communication be received and filed. Seconded
Lot 1-2A and Lot 2-2A of Westview Shopping by Cline. Motion carried 6-0.
Center Place No. 2 located in the 1800 block of
RESOLUTION NO. 72-02
John F. Kennedy Road as requested by Key
RESOLUTION APPROVING THE PLAT OF
City Investment Company, presented and read.
SURVEY OF WESTVIEW SHOPPING CENTER
Buol moved that the communication be received
PLACE NO. 3 IN THE CITY OF DUBUQUE,
and filed. Seconded by Nicholson. Motion
IOWA.
carried 6-0.
Whereas, there has been filed with the City
RESOLUTION NO. 71-02
Clerk a plat of survey Westview Shopping
RESOLUTION APPROVING THE PLAT OF
Center Place No. 3 in the City of Dubuque, Iowa;
SURVEY OF LOT 1-2A AND LOT 2-2A OF
and
WESTVIEW SHOPPING CENTER PLACE NO.
Whereas, said plat provides Lot 1 with 0 feet of
2 IN THE CITY OF DUBUQUE, IOWA.
lot frontage, where 60 feet is required by Section
Whereas, there has been filed with the City 42-19(b) of the Subdivision Regulations; and
Clerk a plat of survey Lot 1-2A and Lot 2-2A of Whereas, said plat of survey has been
Westview Shopping Center Place No. 2 in the examined by the Zoning Advisory Commission
City of Dubuque, Iowa; and and had its approval endorsed thereon; and
Whereas, said plat provides Lot 1-2A with Whereas, said plat of survey has been
25.03 feet of lot frontage and 5,982 square feet examined by the City Council and they find that
of lot area, and Lot 2-2A with 25.07 feet of lot it conforms to the statutes and ordinances
frontage and 5,994 square feet of lot area, relating thereto.
where 60 feet and 6,000 square feet NOW THEREFORE, BE IT RESOLVED BY
respectively is required by Section 42-19(b) of THE CITY COUNCIL OF THE CITY OF
the Subdivision Regulations; and DUBUQUE, IOWA:
Whereas, said plat of survey has been Section 1. That Section 42-19(b) of the
examined by the Zoning Advisory Commission Subdivision Regulations is waived to allow Lot 1
and had its approval endorsed thereon; and
Regular Session, February 18, 2002 49
with 0 feet of lot frontage, where 60 feet is Woodward Museum – 2002 Renovations
required. Project: City Manager recommending that
Section 2. That the plat of survey of Westview Resolution Nos. 66-02, 67-02 and 68-02 relating
Shopping Center Place No. 3 is hereby to the Woodward Museum – 2002 Renovations
approved, and the Mayor and City Clerk are Project be rescinded, as the Museum has not
hereby authorized and directed to endorse the received environmental concurrence from the
approval of the City of Dubuque, Iowa upon said Iowa Department of Transportation, presented
final plat. and read. Buol moved that the communication
Passed, approved and adopted this 18th day be received and filed. Seconded by Cline.
of February 2002. Motion carried 6-0.
Ann E. Michalski, Mayor Pro-Tem
RESOLUTION NO. 74-02
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION RESCINDING RESOLUTION
Buol moved adoption of the Resolution.
NUMBERS 66-02, 67-02, AND 68-02, GIVING
Seconded by Cline. Motion carried 6-0.
PRELIMINARY APPROVAL OF PLANS AND
SPECIFICATIONS, FIXING DATE OF PUBLIC
Certified Local Government Grant: City
HEARING ON PLANS AND SPECIFICATIONS,
Manager recommending that the contract for the
AND ORDERING BIDS FOR THE
design review training program for the City’s
WOODWARD MUSEUM – 2002 RENOVA-
historic districts be awarded to The Durrant
TIONS PROJECT
Group, presented and read. Buol moved that the
communication be received and filed. Seconded Whereas, by Resolution No. 66-02, the City
by Cline. Motion carried 6-0. Council gave preliminary approval of the plans
and specifications; Resolution 67-02 fixed the
RESOLUTION NO. 73-02
date for public hearing on the plans and
RESOLUTION APPROVING A CONTRACT
specifications; Resolution 68-02 authorized and
FOR DESIGN REVIEW TRAINING
directed the advertising of bids for the
Whereas, the State Historical Society of Iowa Woodward Museum – 2002 Renovations
has awarded the City of Dubuque a Certified Project; and
Local Government (CLG) grant to develop Whereas, subsequent events indicate that the
design review training program for the city’s project cannot proceed on its intended schedule
historic districts; and and the project should be abandoned at this
Whereas, the City Council has budgeted funds time.
for the development of design guidelines for NOW THEREFORE BE IT RESOLVED BY
private properties, public places and THE CITY COUNCIL OF THE CITY OF
streetscapes in the city’s historic districts; and DUBUQUE, IOWA:
Whereas, the City Council has determined that Section 1. That Resolution Numbers 66-02,
these projects should be completed concurrently 67-02, and 68-02 are rescinded.
th
and with assistance from a qualified consultant. Passed, approved and adopted this 18 day of
NOW THEREFORE, BE IT RESOLVED BY February, 2002.
THE CITY COUNCIL OF THE CITY OF Ann E. Michalski, Mayor Pro-Tem
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
Section 1. That the City Council does hereby Buol moved adoption of the Resolution.
award the contract for a design review training Seconded by Cline. Motion carried 6-0.
program to the Durrant Group of Dubuque, Iowa.
Section 2. That the Planning Services Bunker Hill Golf Course Management
Manager is hereby authorized to negotiate a Agreement: City Manager recommending that
contract with the Durrant Group for this project in the City enter into a management agreement
an amount not to exceed $20,000.00. with G.M.S., Inc. (George Stephenson) for the
Passed, approved and adopted this 18th day Bunker Hill Golf Course for the period beginning
of February 2002. March 1, 2002 and ending November 30, 2002,
Ann E. Michalski, Mayor Pro-Tem presented and read. Buol moved that the
Attest: Jeanne F. Schneider, City Clerk communication be received and filed and
Buol moved adoption of the Resolution. approved Agreement. Seconded by Cline.
Seconded by Cline. Motion carried 6-0. Motion carried 6-0.
Phase II Historical/Architectural Survey Grant Statewide Disadvantaged Business Enterprise
Agreement: City Manager providing a final report (DBE) Certification Program: City Manager
for Phase II of Dubuque’s Architectural/Historic recommending approval of the Statewide Unified
Survey/Evaluation, presented and read. Buol Certification Program for Disadvantaged
moved that the communication be received and Business Enterprises for the City of Dubuque,
filed. Seconded by Cline. Motion carried 6-0. presented and read. Buol moved that the
50 Regular Session, February 18, 2002
communication be received and filed. Seconded for streetscape improvements on Loras
by Cline. Motion carried 6-0. Boulevard, presented and read. Buol moved that
the communication be received and filed.
RESOLUTION NO. 75-02
Seconded by Cline. Motion carried 6-0.
RESOLUTION APPROVING IOWA DEPART-
MENT OF TRANSPORTATION UNIFIED
Access Agreement – Giese Company, LLC:
CERTIFICATION PROGRAM AGREEMENT
City Manager recommending approval of an
Whereas, the Federal Register 49 CFR Part Agreement between the City and Giese
26 requires the development of a “one-stop” Properties, L.L.C. to permit access for site
process for DBE certification, to be developed preparation related to the construction of a new
by the end of February, 2002; and manufacturing facility for Giese Manufacturing
Whereas, the Iowa Department of Company, Inc. in the Dubuque Industrial Center
Transportation has developed a statewide West, Buol moved that that communication be
Disadvantaged Business Enterprise (DBE) received and filed and approved Agreement.
directory; and Seconded by Cline. Motion carried 6-0.
Whereas, all recipients of US DOT funding are
required to ratify and comply with the attached Urban Revitalization/Tax Exemption
Unified Certification Program (UCP) Agreement Applications: City Manager recommending
as developed by the Iowa Department of approval of the eligible Calendar Year 2002
Transportation. Urban Revitalization Applications, presented and
NOW, THEREFORE, BE IT RESOLVED BY read. Buol moved that the communication be
THE CITY COUNCIL OF THE CITY OF received and filed. Seconded by Cline. Motion
DUBUQUE, IOWA: Section 1. That the Iowa carried 6-0.
Department of Transportation’s Unified
RESOLUTION NO. 76-02
Certification Program (UCP) agreement is
RESOLUTION APPROVING RESIDENTIAL
required to be ratified and executed by any
PROPERTY TAX EXEMPTION APPLICA-
recipient of US DOT funding.
TIONS SUBMITTED BY PROPERTY OWNERS
Section 2. That the City Council approves of the
IN RECOGNIZED URBAN REVITALIZATION
requirements as outlined in the attached UCP.
AREAS AND AUTHORIZING THE TRANS-
Section 3. That the Mayor be authorized and
MITTAL OF THE APPROVED APPLICATIONS
directed to execute the UCP on behalf of the
TO THE CITY TAX ASSESSOR
City Council.
th
Passed, approved and adopted this 18 day of Whereas, Chapter 404 of the Code of Iowa,
February, 2002. the Urban Revitalization Act, permits cities to
Terrance M. Duggan, Mayor exempt property taxes for improvements made
Attest: Jeanne F. Schneider, City Clerk to properties in designated revitalization areas;
Buol moved adoption of the Resolution. and
Seconded by Cline. Motion carried 6-0. Whereas, Chapter 404 of the Code of Iowa,
the Urban Revitalization Act, permits cities to
Project Concern Services Agreement: City exempt property taxes for improvements made
Manager recommending approval of the Project to properties in designated revitalization areas;
Concern Driver Services Agreement with and
KeyLine from January 1, 2002 to June 30, 2005, Whereas, the Urban Revitalization Act requires
presented and read. Buol moved that that property owners to submit a written application
communication be received and filed and for exemption by February 1 of the assessment
approved Agreement. Seconded by Cline. year for which the exemption is first claimed,
Motion carried 6-0. and further requires the City Council to approve
all applications that meet the requirements of the
City of East Dubuque Intergovernmental adopted Urban Revitalization Plan and forward
Agreement: City Manager recommending the approved applications to the City Assessor
approval of an Intergovernmental Agreement for review by March 1 of each year; and
with the City of East Dubuque for minibus Whereas, pursuant to the requirements of said
service from March 1, 2002 to June 30, 2003, Urban Revitalization Act, the following Urban
presented and read. Buol moved that the Revitalization Areas were established: Jackson
th
communication be received and filed and Park, Washington Street, West 11 Street,
approved Agreement. Seconded by Cline. Upper Main Street, and Stout Place; and
Motion carried 6-0. Whereas, the City Clerk of the City of
Dubuque, as of February 1, 2002, received tax
Historic Bluffs Neighborhood Association: City exemption applications from the following
Manager submitting a letter of support for the property owners in the aforementioned urban
Historic Bluffs Neighborhood Association’s revitalization district.
th
application to the Dubuque Racing Association West 11 Street Urban Revitalization Area
Regular Session, February 18, 2002 51
APPROVED APPLICATIONS TO THE CITY
Anna and Lyle Elliot Sr. ,767 University
th
TAX ASSESSOR
Gloria Ede, 640 West 11
Steve and Heidi McDonald, 945 Spruce Whereas, Chapter 404 of the Code of Iowa,
Gary and Suzanne Noack, 586-590 Arlington the Urban Revitalization Act, permits cities to
Agnes Piersch, 1047-1049 Bluff exempt property taxes for improvements made
Janet Oswald, 485 Arlington to properties in designated revitalization areas;
Tami and Todd Swift, 1260 Alta Vista and
James and Marsha Scovel, 1272 Locust Whereas, the Urban Revitalization Act requires
Denise and John Henning, 452 Loras Blvd property owners to submit a written application
Amanda Brewer, 879 Rose for exemption by February 1 of the assessment
Jim and Victoria Collins, 1290 Belmont year for which the exemption is first claimed, yet
Deborah LaBeau, 1133 Highland Place provides for the acceptance, by Resolution of
Jackson Park Area the City Council, of applications filed beyond the
Amy Boynton, 199 Loras legislated deadline and further requires the City
Carol Fry, 267 W. 17th Council to approve all applications that meet the
Washington Street Urban Revitalization Area requirements of the adopted Urban
Marcella Riesselman, 1629 Jackson Revitalization Plan and forward the approved
Brian Chamberlen, 1839 Washington applications to the City Assessor for review by
Upper Main Urban Revitalization Area March 1 of each year; and
Kenneth J Moore, 140 Loras Whereas, pursuant to the requirements of said
Kenneth J. Moore, 1195-1199 Central Urban Revitalization Act, the West 11th Street
Stout Place Urban Revitalization Areas was established; and
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MetroPlains Development, 125 W.9 Street Whereas, the City Clerk of the City of
Whereas, the Housing and Community Dubuque, as of February 1, 2002, received a tax
Development Department and Building Services exemption application for improvements made in
have reviewed the above-described applications previous years from the following property owner
and inspected the properties, and have in the aforementioned urban revitalization district
determined that the applications and the West 11th Street Urban Revitalization Area
improvements conform to all requirements of the YEAR
City of Dubuque’s Urban Revitalization Plan Thomas and Jane Sheldon, 561 Chestnut
contingent upon obtaining all required building 1998
permits . Whereas, the Housing and Community
NOW THEREFORE, BE IT RESOLVED BY Development Department and Building Services
THE CITY COUNCIL OF THE CITY OF have reviewed the above-described applications
DUBUQUE, IOWA: and inspected the properties, and have
Section 1. That the above-described tax determined that the applications and the
exemption applications meet the requirements of improvements conform to all requirements of the
the City of Dubuque’s Urban Revitalization Plan. City of Dubuque’s Urban Revitalization Plan.
Section 2. That the above-described tax NOW THEREFORE, BE IT RESOLVED BY
exemption applications are hereby approved by THE CITY COUNCIL OF THE CITY OF
the City Council, subject to obtaining all DUBUQUE, IOWA:
necessary building permits and subject to the Section 1. That the above-described tax
review and approval of the City Assessor. exemption application meets the requirements of
Section 3. That the City Clerk is hereby the City of Dubuque’s Urban Revitalization Plan.
authorized and directed to forward the above-Section 2. That the above-described tax
described tax exemption applications to the City exemption application is hereby approved by the
Assessor. City Council, subject to the review and approval
th
Passed, approved and adopted this 18 day of of the City Assessor.
February 2002. Section 3. That the City Clerk is hereby
Terrance M. Duggan, Mayor authorized and directed to forward the above-
Attest: Jeanne F. Schneider, City Clerk described tax exemption application to the City
Buol moved adoption of the Resolution. Assessor.
th
Seconded by Cline. Motion carried 6-0. Passed, approved and adopted this 18 day of
February 2002.
RESOLUTION NO. 77-02
Terrance M. Duggan, Mayor
RESOLUTION APPROVING LATE FILED
Attest: Jeanne F. Schneider, City Clerk
RESIDENTIAL PROPERTY TAX EXEMPTION
Buol moved adoption of the Resolution.
APPLICATIONS SUBMITTED BY PROPERTY
Seconded by Cline. Motion carried 6-0.
OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND AUTHOR-
Allan and Urbain Contract – Acceptance: City
IZING THE TRANSMITTAL OF THE
Manager recommending acceptance of the
contract with Allen and Urbain Associates for
52 Regular Session, February 18, 2002
th
City-owned improvements for the building at Passed, approved and adopted this 18 day of
Third and Main Streets in the final contract February, 2002.
amount of $342,428.68, presented and read. Ann E. Michalski, Mayor Pro-Tem
Buol moved that the communication be received Attest: Jeanne F. Schneider, City Clerk
and filed. Seconded by Cline. Motion carried 6-Buol moved adoption of the Resolution.
0. Seconded by Cline. Motion carried 6-0.
Northwest Arterial: Communication of David
RESOLUTION NO. 78-02
W. Leifker to the Iowa Department of
ACCEPTANCE OF CONTRACT BETWEEN
Transportation regarding traffic signals on the
THE CITY OF DUBUQUE AND ALLEN &
Northwest Arterial Extension, presented and
URBAIN ASSOCIATES FOR THE CITY
read. Buol moved that the communication be
OWNED IMPROVEMENTS FOR THE
received and filed. Seconded by Cline. Motion
BUILDING ON THIRD & MAIN STREETS
carried 6-0.
Whereas, the contract between the City of
Dubuque and Allen & Urbain Associates for the
Business Licenses:
management and construction of the public
improvement portions of the building located at
RESOLUTION NO. 80-02
Third and Main Streets; and
Whereas, applications for Beer Permits have
Whereas, these improvements included the
been submitted and filed to this Council for
south sidewalk plaza retaining walls and
approval and the same have been examined
sidewalk on the east elevation, historic light
and approved: and
fixtures, a brick façade over the Main Street
Whereas, the premises to be occupied by such
entrance into the new parking ramp, and
applicants were inspected and found to comply
construction of a retaining wall and sidewalk
with the Ordinances of the City and have filed
adjacent to the Third Street overpass.
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
That the Manager be authorized to cause to be
hereby determined to be $342,428.68 and the
issued the following named applicants a Beer
said amount shall be paid from the Parking
Permit.
Construction Fund.
thCLASS “C” BEER PERMIT
Passed, approved and adopted this 18 day of
Nash Finch Company Econo Foods# 471+
February, 2002.
(Sunday Sales) 3355 JFK Rd
Ann E. Michalski, Mayor Pro-Tem
Passed, approved and adopted this 18th day
Attest: Jeanne F. Schneider, City Clerk
of February, 2002.
Buol moved adoption of the Resolution.
Ann E. Michalski, Mayor Pro-Tem
Seconded by Cline. Motion carried 6-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 79-02
Seconded by Cline. Motion carried 6-0.
FINAL ESTIMATE FOR THE COMPLETION OF
THE CONTRACT BETWEEN THE CITY OF
RESOLUTION NO. 81-02
DUBUQUE AND ALLEN AND URBAIN
Whereas, applications for Liquor Licenses
ASSOCIATES FOR THE CITY OWNED
have been submitted to this Council for approval
IMPROVEMENTS FOR THE BUILDING ON
and the same have been examined and
THIRD AND MAIN STREETS.
approved; and
Whereas, the contract for the completion of the
Whereas, the premises to be occupied by such
contract between the City of Dubuque and Allen
applicants were inspected and found to comply
& Urbain Associates has been completed and
with the State Laws and all City Ordinances
the Economic Development Director has
relevant thereto and they have filed proper
submitted his final estimate showing the cost
bonds.
thereof including the cost of estimates, notices
NOW, THEREFORE, BE IT RESOLVED BY
and inspection and all miscellaneous costs;
THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF
That the Manager be authorized to cause to be
DUBUQUE, IOWA:
issued the following named applicants a Liquor
Section 1. That the cost of said improvement is
License.
hereby determined to be $342,428.68 and the
CLASSC BEER/LIQUOR LICENSE
@@
said amount shall be paid from the Parking
CueMaster, Limited Cue Master Billiards+
Construction Fund.
Regular Session, February 18, 2002 53
(Sunday Sales) 900 Central Ave Richard Kieffer, 2260 White St., spoke stating
Hammerheads Inc Hammerheads Bar/Billiards+ of the City’s need to address existing problems
(Sunday Sales) 2095 Kerper Blvd and also questioned the narrowing of a portion
Melvin Spiegelhalter Clubhouse of the street as well as the concrete thickness.
2364 Washington Stanley Schroeder, 2244 White St. spoke
Chi Chi Inc Chi Chi’s Mexican Restr+ agreeing with Mr. Kieffer.
(Sunday Sales) 800 Wacker Dr Rae Lienne Porter, 2268 White St., spoke
The Busted Lift The Busted Lift agreeing with Mr. Kieffer and requested some
(2 Day Outdoor Service) 180 Main St adjustments that would alleviate speeding
CLASS “B” WINE vehicles.
Nash Finch Company Econo Foods # 471
RESOLUTION NO. 82-02
3355 JFK Rd
th
RESOLUTION WITH RESPECT TO THE
Passed, approved and adopted this 18 day of
ADOPTION OF THE RESOLUTION OF
February, 2002.
NECESSITY PROPOSED FOR THE WHITE
Ann E. Michalski, Mayor Pro-Tem
STND
STREET RECONSTRUCTION – 21 TO 32
Attest: Jeanne F. Schneider, City Clerk
STREET PROJECT – SUPPLEMENTAL
Buol moved adoption of the Resolution.
ASSESSMENTS TO RESOLUTION NO. 23-02
Seconded by Cline. Motion carried 6-0.
Whereas, the City Council has proposed a
Mayor Duggan entered the Chambers at 7:46 Resolution of Necessity for the White Street
stnd
P.M. Reconstruction – 21 to 32 Street Project –
Supplemental Assessments to Resolution 23-02,
BOARDS/COMMISSIONS has given notice of the public hearing thereon as
required by law; and
Appointment to the following Board: Whereas, the public hearing has been held, all
HOUSING CODE APPEALS BOARD (Two persons offering objections have been heard
three-year terms expiring 1/11/05 – Hannan and and consideration given to all objections and is
Sampson). Applicants:Tom Hannan, Robert L. pending before this Council; and
Sampson. Markham moved that Mr. Hannan Whereas, this is the time and place set as
and Mr. Sampson be reappointed to three year provided for the taking of action on the proposed
terms expiring 1/11/05. Seconded by Nicholson. Resolution of Necessity.
Motion carried 6-0. NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
PUBLIC HEARINGS DUBUQUE, IOWA:
That the proposed Resolution of Necessity
Buol moved that the rules be suspended to described above is hereby:
allow anyone present to speak. Seconded by x___ Adopted, without amendment, and all
Nicholson. Motion carried 6-0. objections filed or made having been
dully considered are overruled.
Markham moved to remove the following item Adopted as amended by the Schedule
from the table. Seconded by Nicholson. Motion of Assessments attached hereto as
carried 6-0. Exhibit A, and made a part hereof by
White Street Reconstruction Project: Proofs of reference. All objections filed or made
publication on notice of hearing and notice to having been duly considered are
bidders on the receipt of bids, and City Manager overruled.
recommending award of the contract to W. C. Deferred for later consideration to a
Stewart Construction, Inc.; Communication from City Council meeting to be held on the
Richard Kieffer, et al, regarding the White Street ___ day of , 2002, next at 6:30 p.m. in ,
project; Communication from Ena Rae-Lienne with jurisdiction retained for further
Porter, 2268 White Street, expressing concern consideration and action at the
regarding the cost of the improvements; adjourned meeting.
Communication from Brenda Lee Thurston Abandoned.
th
Burke, objecting to the public improvement Passed, adopted and approved this 18 day of
assessment for reconstruction of White Street; February, 2002.
Communication from Karen M. and Mark J. Ann E. Michalski, Mayor Pro-Tem
Kuhle regarding the White Street reconstruction Attest: Jeanne F. Schneider, City Clerk
project; Communication of Ellis Swartz, 2665 Markham moved adoption of the Resolution.
Jackson Street, objecting to the assessments for Seconded by Nicholson. Motion carried 6-0.
the reconstruction of White Street, presented
and read. Markham moved that the proofs and
communications be received and filed.
Seconded by Nicholson. Motion carried 7-0.
54 Regular Session, February 18, 2002
RESOLUTION NO. 83-02
OFFICIAL PUBLICATION
AWARDING CONTRACT
ORDINANCE NO. 6-02
Whereas, sealed proposals have been
AN ORDINANCE AMENDING APPENDIX A
submitted by contractors for the White Street
(THE ZONING ORDINANCE) OF THE CITY OF
stnd
Reconstruction – 21 to 32 Street Project
DUBUQUE CODE OF ORDINANCES BY
pursuant to Resolution No. 555-01 and notice to
RECLASSIFYING HEREINAFTER
bidders published in a newspaper published in
DESCRIBED PROPERTY LOCATED AT END
th
the City of Dubuque, Iowa on the 11 day of
OF JOHN F. KENNEDY CIRCLE FROM C-3
January, 2002.
GENERAL COMMERCIAL DISTRICT TO R-4
Whereas, said sealed proposals were opened
MULTI-FAMILY RESIDENTIAL DISTRICT.
and read on the 7th day of February, 2002, and
NOW, THEREFORE, BE IT ORDAINED BY
it has been determined that the bid of W.C.
THE CITY COUNCIL OF THE CITY OF
Stewart Construction Co. of Dubuque, Iowa, in
DUBUQUE, IOWA:
the amount of $2,541,474.40 was the lowest bid
Section 1. That Appendix A (The Zoning
for the furnishings of all labor and materials and
Ordinance) of the City of Dubuque Code of
performing the work as provided for in the plans
Ordinances is hereby amended by reclassifying
and specifications.
the hereinafter described property as shown in
NOW THEREFORE, BE IT RESOLVED BY
Exhibit A, and to the centerline of the adjoining
THE CITY COUNCIL OF THE CITY OF
public right-of-way, all in the City of Dubuque,
DUBUQUE, IOWA:
Iowa from C-3 General Commercial District to R-
That the contract for the above improvement
4 Multi-Family Residential District; and
be awarded to W.C. Stewart Construction Co.
Section 2. The foregoing amendment has
and the Manager be and is hereby directed to
heretofore been reviewed by the Zoning
execute a contract on behalf of the City of
Advisory Commission of the City of Dubuque,
Dubuque for the complete performance of the
Iowa.
work.
Section 3. This Ordinance shall take effect
BE IT FURTHER RESOLVED:
immediately upon publication, as provided by
That upon the signing of said contract and the
law.
approval of the contractor's bond, the City
Passed, approved and adopted this 18th day
Treasurer is authorized and instructed to return
of February 2002.
the bid deposits of the unsuccessful bidders.
Terrance M. Duggan, Mayor
th
Passed, approved and adopted this 18 day of
Attest: Jeanne F. Schneider, City Clerk
February, 2002.
Published officially in the Telegraph Herald
th
Terrance M. Duggan, Mayor
newspaper this 26 day of February, 2002.
Attest: Jeanne F. Schneider, City Clerk
Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Buol moved that the requirement that a
Seconded by Nicholson. Motion carried 6-0.
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
Area Residential Care Foundation/Health
the meeting at which it is to be finally passed be
Services Credit Union: Proof of publication on
suspended and further moved final
notice of hearing to consider rezoning property
consideration and passage of the Ordinance.
located at the end of John F. Kennedy Circle
Seconded by Markham. Motion carried 6-0.
from C-3 General Commercial District to R-4
Multi-Family Residential District at the request of
Dubuque Industrial Center West – Request to
Area Residential Care Foundation and Zoning
Rezone: Proof of publication on notice of
Advisory Commission recommending approval,
hearing to consider rezoning property located at
presented and read. Buol moved that the proof
Chavenelle Drive, east of Seippel
and communication be received and filed.
Road/Dubuque Industrial Center West, from AG
Seconded by Markham. Motion carried 6-0.
Agricultural to PUD Planned Unit Development
Jon Romaine of Area Residential Care, Joe
with a PI Planned Industrial District designation
Gonzalez of 5306 S. Mound Rd, Sherrill, IA and
at the request of the City of Dubuque and the
Pat Friedman all spoke in support of the
Zoning Advisory Commission recommending
proposed rezoning.
approval, presented and read. Buol moved that
the proof be received and filed. Seconded by
An Ordinance Amending Appendix A (the
Nicholson. Motion carried 7-0.
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
An Ordinance Amending Appendix A (the
described property located at end of John F.
Zoning Ordinance) of the City of Dubuque
Kennedy Circle from C-3 General Commercial
Code of Ordinances by reclassifying
District to R-4 Multi-Family Residential District,
hereinafter described property located east of
presented and read.
Seippel Road and north of the County Farm
Regular Session, February 18, 2002 55
from AG Agricultural to PUD Planned Unit Building related features are defined as all
Development District with a PI Planned constructed items which rise above the grade
Industrial District designation and adopting an surface of the lot. These include:
amended Conceptual Development Plan, with a) The primary building
conditions, for the Dubuque Industrial Center b) All accessory or secondary buildings
West, presented and read. c) All exterior storage areas
d) Exterior refuse collection areas
e) Exterior mechanical equipment
OFFICIAL PUBLICATION
f) Containerized or tank storage of liquids,
ORDINANCE NO. 07-02
fuels, gases and other materials.
AN ORDINANCE AMENDING APPENDIX A
2) Vehicle Related Features
(THE ZONING ORDINANCE) OF THE CITY OF
Vehicle related features are defined as all
DUBUQUE CODE OF ORDINANCES BY
areas used for the movement and parking of all
RECLASSIFYING HEREINAFTER DESCRIB-
vehicles within the lot. These include:
ED PROPERTY LOCATED EAST OF SEIPPEL
a) Employee and visitor parking spaces.
ROAD AND NORTH OF THE COUNTY FARM
b) Driveways from the street right-of-way line
FROM AG AGRICULTURAL DISTRICT TO
to and from parking spaces.
PUD PLANNED UNIT DEVELOPMENT
c) Loading spaces outside of the building.
DISTRICT WITH A PI PLANNED INDUSTRIAL
d) Maneuvering spaces outside of the
DISTRICT DESIGNATION AND ADOPTING AN
building.
AMENDED CONCEPTUAL DEVELOPMENT
e) Parking spaces for company-owned
PLAN, WITH CONDITIONS, FOR THE
commercial vehicles.
DUBUQUE INDUSTRIAL CENTER WEST.
f) Fire lanes.
NOW, THEREFORE, BE IT ORDAINED BY
g) Railroad tracks.
THE CITY COUNCIL OF THE CITY OF
3) Open Space Features
DUBUQUE, IOWA:
Open space features are defined as those
Section 1. Appendix A (the Zoning Ordinance)
exterior areas and developed features of the lot
of the City of Dubuque Code of Ordinances is
which include:
hereby amended by reclassifying the hereinafter
a) Landscaped space containing lawn areas
described property from AG District to PUD
and plantings.
Planned Unit Development District with a PI
b) Paved, hard-surfaced, pedestrian areas
Planned Industrial designation and adopting an
such as walkways, plazas, entryways and
amended conceptual development plan, a copy
courtyards.
of which is attached to and made a part hereof,
c) Surface storm water detention areas not
with conditions for the Dubuque Industrial
otherwise used for building-related or vehicle-
Center West as stated below, to wit:
related purposes.
Lot 6, Lot 7, Lot F and Lot G of Dubuque
d) Open recreation areas and recreational
Industrial Center West and to the centerline of
trail.
the adjoining public right-of-way, all in the City of
e) Other non-building and non-vehicular
Dubuque, Iowa.
related space.
Section 2. Attached hereto and made a part of
B) Use Regulations.
this zoning reclassification approval is an
The following regulations shall apply to all
amended Conceptual Development Plan for the
uses made of land in the above-described PUD
Dubuque Industrial Center West Planned Unit
District:
Development. It is recognized that minor shifts
General Purpose and Description
Zone A: .
or modifications to the general plan layout may
Zone A is intended to provide for a limited
be necessary and compatible with the need to
amount of commercial development that will
acquire workable street patterns, grades, and
serve industrial park employees with daily
usable building sites. The general plan layout,
commercial and service needs. The
including the requirements shall be used as the
development of Zone A shall resemble a small
implementation guide.
shopping center with shared access, parking
Section 3. Pursuant to Iowa Code Section
and signage to promote a unified commercial
414.5 (1993), and as an express condition of the
appearance. Exterior storage is prohibited.
reclassification, the undersigned property
1) Principal permitted uses shall be limited to:
owner(s) agree(s) to the following conditions, all
a) Public or quasi-public utilities including
of which the property owner(s) further agree(s)
substations-[47].
are reasonable and imposed to satisfy the public
b) Business services-[29].
needs that are caused directly by the zoning
c) Gas station/convenience/car wash-[17]
reclassification:
and [18].
A) Definitions
d) Laundry/dry cleaner-[19].
1) Building Related Features
e) Indoor restaurant-[30].
f) Drive-in/carry-out restaurant-[28].
56 Regular Session, February 18, 2002
g) Drive-up automated bank teller-[8]. areas not occupied by cribs times the
h) Banks, savings and loans, and credit licensed capacity as per State code;
unions-[31]. 3) Fenced outdoor recreation space must
i) Group day care center-[8]. be provided per child using the space at a
[ ] Parking group – see Section 4.2 of the given time as per State code;
Zoning Ordinance. 4) Such facility shall provide for the loading
reserved for future use
2) Conditional uses . and unloading of children so as not to
3) Accessory uses shall be limited to the obstruct public streets or create traffic or
following: safety hazards;
a) Any use customarily incidental and 5) All licenses have been issued or have
subordinate to the principal use it serves. been applied for awaiting the outcome of the
4) Temporary uses shall be limited to the Board’s decision;
following: 6) No group day care center may be
Any use listed as a permitted use within the located within the same structure as any gas
PUD District of a limited duration as established station, bar/tavern, automated gas station or
in Section 2-5.3 and as defined in Section 8 of any facility selling, servicing, repairing or
the Zoning Ordinance. renting vehicles;
General Purpose and Description
Zone B: . 7) The parking group requirements can be
Zone B is intended to provide for a variety of met-[8];
uses primarily involving light manufacturing, 8) The conditional use applicant certifies
assembly and fabrication, warehousing, that the premises on which the group day
wholesaling, office uses and business services. care center will be located complies with,
Exterior storage is prohibited. and will for so long as the group day care
1) Principal permitted uses shall be limited to: center is so located, continue to comply with
a) Railroads and public or quasi-public all local, state and federal regulations
utilities –[47]. governing hazardous substances, hazardous
b) Corporate offices –[14]. wastes, and hazardous materials, including,
c) Medical/dental lab-[8]. but not limited to Iowa Code chapter 455B
d) Mail-order houses-[23]. (1991); 42 U.S.C. Section 9601 of the
e) Printing and publishing-[32]. Federal Comprehensive Environmental
f) Laboratories for research and engineering-Response Compensation and Liability Act;
[33]. 40 C.F.R. Section 3-2.4; and Section 302 of
g) Wholesale sales/distributor-[29]. the Superfund Amendments and
h) Vending/game machine sales/service-Reauthorization Act of 1986; and
[19]. 9) If the applicant is subject to the
i) old storage/locker plants-[15]. requirements of Section 302 of the
j) Packing and processing of meat, dairy or Superfund Amendments and
food products, not to include stockyards or Reauthorization Act of 1986, the Emergency
slaughter houses-[33]. Management Director shall certify whether or
k)Tool, die, and patter making-[33]. not the applicant has submitted a current
l) Manufacture, assembly, repair or storage inventory of extremely hazardous
of electrical and electronic products, substances kept or stored on the premises. If
components or equipment-[33]). any such extremely hazardous substances
m) Warehousing and storage facilities, not to are kept or stored on the premises, the
include mini-warehouses-[33]. applicant shall also post in a conspicuous
n) Manufacturing, processing, fabrication, place on the premises a notice indicating a
assembling, packaging or other comparable description of the extremely hazardous
treatment of goods or materials, entirely within substances, and the physical and health
enclosed buildings-[33]. hazards presented by such substances.
[ ] Parking Group-See Section 4.2 of the 3) Accessory uses shall be limited to the
Zoning Ordinance. following:
2) Conditional uses shall be limited to the a) Retail outlets within a primary
following: office/industrial building, selling products
a) Day care center, within a primary produced on-site and only as accessory to the
office/industrial building or as an accessory principal use.
structure on the same lot. Day care centers b) Any use customarily incidental and
are subject to state and local regulations. subordinate to the principal use it serves.
1) Indoor floor area (excluding halls and 4) Temporary uses shall be limited to the
bathrooms) must be provided per child in following:
areas occupied by cribs as per State Code; Any use listed as a permitted use within the
2) Indoor floor area (excluding halls and PUD District of a limited duration as established
bathrooms) must be provided per child in
Regular Session, February 18, 2002 57
in Section 2-5.3 and as defined in Section 8 of bar/tavern, automated gas station or any
the Zoning Ordinance. facility selling, servicing, repairing or renting
General Purpose and Description
Zone C: . vehicles;
Zone C is intended to provide for a variety of 7) The parking group requirements can be
uses primarily involving light manufacturing, met-[8];
assembly and fabrication, warehousing, 8) The conditional use applicant certifies that
wholesaling, and office uses. Exterior storage is the premises on which the group day care
allowed, provided it is screened from view. center will be located complies with, and will
1) Principal permitted uses shall be limited to: for so long as the group day care center is so
a) Railroads and public or quasi-public located, continue to comply with all local, state
utilities –[47]. and federal regulations governing hazardous
b) Corporate offices –[14]. substances, hazardous wastes, and
c) Medical/dental lab-[8]. hazardous materials, including, but not limited
d) Mail-order houses-[23]. to Iowa Code chapter 455B (1991); 42 U.S.C.
e) Printing and publishing-[32]. Section 9601 of the Federal Comprehensive
f) Laboratories for research and engineering-Environmental Response Compensation and
[33]. Liability Act; 40 C.F.R. Section 3-2.4; and
g) Moving/storage facilities-[33]. Section 302 of the Superfund Amendments
h) Wholesale sales/distributor-[29]. and Reauthorization Act of 1986; and
i) Freight transfer facilities-[44]. 9) If the applicant is subject to the
j) Vending/game machine sales/service-[19]. requirements of Section 302 of the Superfund
k) Cold storage/locker plants-[15]. Amendments and Reauthorization Act of 1986,
l) Packing and processing of meat, dairy or the Emergency Management Director shall
food products, not to include stockyards or certify whether or not the applicant has
slaughter houses-[33]. submitted a current inventory of extremely
m) Tool, die, and patter making-[33]. hazardous substances kept or stored on the
n) Manufacture, assembly, repair or storage premises. If any such extremely hazardous
of electrical and electronic products, substances are kept or stored on the
components or equipment-[33]). premises, the applicant shall also post in a
o) Warehousing and storage facilities, not to conspicuous place on the premises a notice
include mini-warehouses-[33]. indicating a description of the extremely
p) Manufacturing, processing, fabrication, hazardous substances, and the physical and
assembling, packaging or other comparable health hazards presented by such substances.
treatment of goods or materials, entirely within 3) Accessory uses shall be limited to the
enclosed buildings-[33]. following:
[ ] Parking Group-See Section 4.2 of the a) Retail outlets within a primary
Zoning Ordinance. office/industrial building, selling products
2) Conditional uses shall be limited to the produced on-site and only as accessory to the
following: principal use.
a) Day care center, within a primary b) Any use customarily incidental and
office/industrial building or as an accessory subordinate to the principal use it serves.
structure on the same lot. Day care centers are 4) Temporary uses shall be limited to the
subject to state and local regulations. following:
1) Indoor floor area (excluding halls and Any use listed as a permitted use within the
bathrooms) must be provided per child in PUD District of a limited duration as established
areas occupied by cribs as per State Code; in Section 2-5.3 and as defined in Section 8 of
2) Indoor floor area (excluding halls and the Zoning Ordinance.
General Purpose and Description
bathrooms) must be provided per child in Zone D: .
areas not occupied by cribs times the licensed Zone D is intended to provide appropriate
capacity as per State code; locations for heavy industrial uses. Exterior
3) Fenced outdoor recreation space must be storage is allowed, provided it is screened from
provided per child using the space at a given view.
time as per State code; 1) Principal permitted uses shall be limited to:
4) Such facility shall provide for the loading a) Railroads and public or quasi-public utilities
and unloading of children so as not to obstruct –[47].
public streets or create traffic or safety b) Corporate offices –[14].
hazards; c) Mail order houses-[23].
5) All licenses have been issued or have d) Printing and publishing-[32].
been applied for awaiting the outcome of the e) Laboratories for research and engineering-
Board’s decision; [33].
6) No group day care center may be located f) Moving/storage facilities-[33].
within the same structure as any gas station, g) Wholesale sales/distributor-[29].
58 Regular Session, February 18, 2002
h) Freight transfer facilities-[44]. Section 302 of the Superfund Amendments
i) Fuel and ice dealers-[33]. and Reauthorization Act of 1986; and
j) Cold storage/locker plants-[15]. 9) If the applicant is subject to the
k) Packing and processing of meat, dairy or requirements of Section 302 of the Superfund
food products, not to include stockyards or Amendments and Reauthorization Act of 1986,
slaughter houses-[33]. the Emergency Management Director shall
l) Compounding, processing and packaging of certify whether or not the applicant has
chemical products-[33]. submitted a current inventory of extremely
m) Manufacture, assembly, repair or storage of hazardous substances kept or stored on the
electrical and electronic products, components premises. If any such extremely hazardous
or equipment-[33]). substances are kept or stored on the
n) Warehousing and storage facilities, not to premises, the applicant shall also post in a
include mini-warehouses-[33]. conspicuous place on the premises a notice
o) Manufacturing, processing, fabrication, indicating a description of the extremely
assembling, packaging or other comparable hazardous substances, and the physical and
treatment of goods or materials, entirely within health hazards presented by such substances.
enclosed buildings-[33]. 3) Accessory uses shall be limited to the
[ ] Parking Group-See Section 4.2 of the following:
Zoning Ordinance. a) Retail outlets within a primary
2) Conditional uses shall be limited to the office/industrial building, selling products
following: produced on-site and only as accessory to the
a) Day care center, within a primary principal use.
office/industrial building or as an accessory b) Any use customarily incidental and
structure on the same lot. Day care centers are subordinate to the principal use it serves.
subject to state and local regulations. 4) Temporary uses shall be limited to the
1) Indoor floor area (excluding halls and following:
bathrooms) must be provided per child in ] Any use listed as a permitted use within the
areas occupied by cribs as per State Code; PUD District of a limited duration as established
2) Indoor floor area (excluding halls and in Section 2-5.3 and as defined in Section 8 of
bathrooms) must be provided per child in the Zoning Ordinance.
General Purpose and Description
areas not occupied by cribs times the licensed Zone E: .
capacity as per State code; Zone is intended to provide a location for
3) Fenced outdoor recreation space must be businesses that require exterior handling or
provided per child using the space at a given storage of materials or equipment. Exterior
time as per State code; handling or storage is allowed, provided it is
4) Such facility shall provide for the loading screened from view, except along Seippel Road,
and unloading of children so as not to obstruct where it is prohibited.
public streets or create traffic or safety 1) Principal permitted uses shall be limited to:
hazards; a) Public or quasi-public utilities –[47].
5) All licenses have been issued or have b) Corporate offices –[14].
been applied for awaiting the outcome of the c) Medical/dental lab-[8].
Board’s decision; d) Mail-order houses-[23].
6) No group day care center may be located e) Printing and publishing-[32].
within the same structure as any gas station, f) Laboratories for research and engineering-
bar/tavern, automated gas station or any [33].
facility selling, servicing, repairing or renting g) Wholesale sales/distributor-[29].
vehicles; h) Freight transfer facilities-[44].
7) The parking group requirements can be i) Fuel and ice dealers-[33].
met-[8]; j) Cold storage/locker plants-[15].
8) The conditional use applicant certifies that k) Packing and processing of meat, dairy or
the premises on which the group day care food products, not to include stockyards or
center will be located complies with, and will slaughter houses-[33].
for so long as the group day care center is so l) Compounding, processing and packaging
located, continue to comply with all local, state of chemical products –[33].
and federal regulations governing hazardous m) Manufacture, assembly, repair or storage
substances, hazardous wastes, and of electrical and electronic products,
hazardous materials, including, but not limited components or equipment-[33]).
to Iowa Code chapter 455B (1991); 42 U.S.C. n) Warehousing and storage facilities, not to
Section 9601 of the Federal Comprehensive include mini-warehouses-[33].
Environmental Response Compensation and o) Manufacturing, processing, fabrication,
Liability Act; 40 C.F.R. Section 3-2.4; and assembling, packaging or other comparable
treatment of goods or materials -[33].
Regular Session, February 18, 2002 59
p) Contractors shop/yard-[33]. c) Picnic areas-[47].
q) Recycling industries entirely within d) Recreational trails-[47]
enclosed buildings with no outdoor storage-e) Club houses, shelter houses, tennis courts,
[44]. or playground equipment, or other recreational
r) Timber processing-[44]. buildings and structures when associated with
[ ] Parking Group-See Section 4.2 of the Zoning parks, nature areas, playgrounds, recreational
Ordinance. facilities-[47].
reserved for future use.
2) Conditional uses f) Construction of dams, reservoirs, or
3) Accessory uses shall be limited to the detention ponds-[n/a].
reserved for future use
following: 2) Conditional uses .
a) Retail outlets within a primary 3) Accessory uses shall be limited to the
office/industrial building, selling products following:
produced on-site and only as accessory to the a) Any use customarily incidental or
principal use. subordinate to the principle use it serves.
reserved for future use.
b) Any use customarily incidental and 4) Temporary uses
subordinate to the principal use it serves. C. Lot and Bulk Regulations.
4) Temporary uses shall be limited to the Development of land in Zones A, B, C, D, E and
following: O shall be regulated as follows:
Any use listed as a permitted use within the 1) All building structures and activities shall be
PUD District of a limited duration as established located in conformance with the attached
in Section 2-5.3 and as defined in Section 8 of conceptual development plan and all final site
the Zoning Ordinance. development plans shall be approved in
General Purpose and Description
Zone O: : accordance with provisions of the PUD District
Zone O is intended to serve as an amenity to the regulations of this ordinance and of Section 3-
industrial park, providing open space and control 5.5 of the Zoning Ordinance.
of storm water to protect downstream properties. 2) All buildings related features in Zones A, B, C,
1) Principal permitted uses shall be limited to: D, E and O shall be in accordance with the
a) Railroads and public or quasi-public following bulk regulations chart:
utilities-[47].
b) Parks, nature areas, playgrounds, and
similar recreational uses-[47].
60 Regular Session, February 18, 2002
*0 foot side yard setbacks from property lines 7) All loading docks for shipping and receiving
shall be permitted for attached buildings. of raw and manufactured goods shall be
a) Lots smaller than minimum will be allowed if designed to provide for the direct movement of
the parcel is consolidated or combined with a goods between the deliver vehicle and the
larger lot. Substations for public and quasi-public interior of the building.
utilities shall be exempt from lot frontage and lot E. Sign Regulations
area requirements. 1) Applicability of Cit of Dubuque Ordinances:
b) Maximum lot coverage shall be 80 percent. The provisions of the City of Dubuque Zoning
All building and vehicle related features shall be Ordinance Section 4-3 Sign Regulations shall
considered when calculating total land area apply unless further regulated by this section.
coverage, except fire lanes and railroad tracks. 2) Off-Premise Signs: Off-premise signs shall
c) Maximum building height shall be as be prohibited.
stipulated in the bulk regulations chart above, 3) On-Premise Signs: On-premise signs shall
except the following may exceed the height limit: be erected or constructed in accordance with the
cooling towers, condensers, elevator bulkheads, following regulations.
stacks and other necessary mechanical a) Allowable content: signs, messages and
equipment and their protective housing. Heating, graphics shall be limited to the following
ventilating and air conditioning (HVAC) contents:
equipment is limited to 10 feet above height 1) Industrial Center signs: limited to
limitation, except in Zone A where 30 feet identification of Dubuque Industrial Center West
maximum height includes HVAC equipment. Entrance signs
d) Within required front, side and rear setbacks, Directory signs
only driveways, fire lanes, railroad tracks, open 2) Company Primary signs: limited
space features, and primary and secondary identification of uses in Zones B, C, D and E
signage are allowed. Parking lots may encroach Identification of company name
up to 50% into a required front yard setback. Identification of company products or services
D. Parking and Loading Regulations by generic name only
1) All vehicle-related features, except for Graphic symbol or logo identified with the
railroad tracks, shall be surfaced with either company
asphalt or concrete. 3) Commercial Primary signs: limited to
2) All parking and loading spaces shall be identification of uses in Zone A
delineated on the surfacing material by painted Identification of business name
strips or other permanent means. Identification of business products or services
3) The number, size and design of parking by generic names only
spaces shall be governed by applicable Graphic symbol or logo identified with the
provisions of City of Dubuque Zoning Ordinance business
and City standards. 4) Secondary signs: allowable in all zones
4) The number, size and design and location Street address
of parking spaces designated for persons with Directional messages necessary for the safe
disabilities shall be according to the local, state and efficient flow of vehicular and pedestrian
or federal requirements in effect at the time of traffic on the lot
development. Identification of visitor entrances to the
5) The location and number of private building, shipping and receiving docks and other
driveway intersections with public streets shall delivery points
be reviewed and approved by the City Engineer. Identification of assigned parking spaces and
Access shall generally be limited to internal parking spaces accessible to persons with
streets. disabilities
6) No on street maneuvering of delivery Temporary announcements of pending or new
vehicles will be allowed on any street. Lots shall construction
provide all necessary maneuvering space for Commemorative messages
delivery vehicles within the boundaries of the b) Schedule of sign regulations: allowable
lots. structural type, size, number and height shall be
limited to the following requirements.
Regular Session, February 18, 2002 61
d) Lighting: Signs may be illuminated only by
*The height of monument-style signs shall be means of indirect lighting, whereby all light
measured from average grade to top of sign sources and devices are shielded from view by
structures. opaque or translucent materials, or internally
c) Variances: Variances from sign illuminated by means of a light source
requirements for size, number and height may completely enclosed by the sign panel.
be requested. Such variances shall be reviewed e) Motion: No signs may include any device or
by the Zoning Board of Adjustment in means, mechanical, electrical or natural, which
accordance with Section 5-3 of the Zoning shall cause any motion of the sign panel or any
Ordinance. part thereof. No flashing lights or changing
colors shall be allowed.
62 Regular Session, February 18, 2002
F. Exterior Storage Regulations
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
regulations:
*Exterior storage is prohibited on lots fronting accessory uses of the lot. Exterior storage of
Seippel Road. trash, which could be blown into the air or
1)Exterior storage of materials, which could be strewn about by the wind, shall be prohibited.
blown into the air or strewn about by the wind, 3) The ground area coverage of exterior trash
shall be prohibited. collection areas shall be the area contained
2) The ground area coverage of exterior inside the required screening. This area shall be
storage areas shall be the area contained inside considered a building-related feature for
the required screening. This area shall be purposes of calculating total land area
considered to be a building-related feature for coverages.
purposes of calculating total land area 4) Exterior trash collection areas shall be
coverages. located in rear or side yards only. Exterior trash
3) Exterior storage must be screened from collection areas shall not encroach into a front
view from adjacent public right-of-way. The yard. A front yard may exceed the required front
screening height shall be measured from the yard setback.
ground level outside the line of the screen. 5) All exterior trash collection areas and the
Screens built on sloping grades shall be stepped materials contained therein shall be screened
so that their top line shall be horizontal. from view from the adjacent public right-of-way.
4) Required screening is intended to buffer 6) The screening shall be a completely opaque
surrounding property from the negative visual fence, wall or other feature not exceeding a
impact created by the storage of raw or finished height of 10 feet measured from the ground level
goods, materials and equipment that can outside the line of the screen. Screens built on
adversely impact the value of adjacent property. sloping grades shall be stepped so that their top
5)The City Planner may grant a waiver for line shall be horizontal.
screening to exceed the maximum height 7) Exposed materials used to construct the
allowed, when topography or height of individual opaque screen shall be similar in appearance to
finished products or equipment could make it materials used for exterior building walls. All
impossible to completely screen a storage area exterior entrances to a screened trash area shall
from every vantage point. The City Planner may be provided with a gate or door of similar design
not grant waiver in maximum screening height to that of the screen.
for raw materials or stacked goods. 8) If a 10-foot high screen fails to shield the
6) All exterior entrances to a screened storage exterior trash collection area from view from the
area shall be provided with a gate or door of adjacent public right-of-way, evergreen plantings
similar design to that of the screen. may be required in addition to the screening.
7) Long-term storage of products or materials Evergreen plant materials shall be selected and
in semi-trailers is prohibited. designed so that they will screen the area from
G. Exterior Trash Collection Area Requirements the adjacent public right-of-way within five (5)
1) Exterior trash collection areas shall include years.
collection bins, dumpsters, and similar waste H. Landscaping Regulations
receptacles for the short-term storage and The following Landscape Regulations shall
collection of trash. Trash shall include garbage, apply to each lot:
scrap, recyclables, debris and similar materials. 1) Plant Materials: The open space area of
2) The storage of trash shall be limited to that each lot shall be planted with permanent lawn
produced by the principal permitted use and and ground covers, shrubs and trees. It is the
Regular Session, February 18, 2002 63
intent of these regulations that the development 8) The lot owner is required to replant any and
of required open spaces shall reflect a high all plant materials, which have died due to any
quality of environmental design. cause during the effective period of this PUD
2) Landscaping: The following is the minimum Ordinance.
requirement of trees and shrubs, by number and 9) A detailed landscape plan shall be required
size, and the type of ground cover required. as part of submittal for final site development
Street trees planted in public street right-of-way plan approval.
shall not be counted toward fulfillment of the 10) The area between the public street and the
minimum site requirements set forth below. right-of-way line shall be planted with grass and
Plant species to be used for landscaping shall maintained by the lot owner.
be in accordance with the City of Dubuque street 11) Industrial Center landscaping: Common
tree policy. Existing trees and shrubs to be areas and streetscapes of the PUD District shall
retained on site may be counted toward be in accordance with the landscape plan, a
fulfillment of the landscaping requirements. copy of which is attached and made a part of
a) Minimum tree planting requirements for any this PUD ordinance.
new development in the Dubuque Industrial I. Performance Standards.
Center West shall be one (1) tree of the The development and maintenance of uses in
required
following size per 1,600 square feet of this PUD District shall be established in
open space: conformance with Section 3-5.5 of the Zoning
40% minimum: 2-2 1/2” caliper diameter Ordinance and the following standards:
deciduous and/or 8-foot height or greater 1) Site Lighting: exterior illumination of site
evergreen. features and location and design of site lighting
Balance: 1 ½ - 2” caliper diameter deciduous shall be in accordance with the following
and/or 6-foot height evergreen. requirements:
b) Minimum shrub requirements at the time of a) Exterior Illumination of site features shall be
planting for any development in the PUD District, limited to the illumination of the following:
shall be 6 shrubs, or 1 shrub per 1,000 square Parking areas, driveways and loading facilities
required
feet of open space, whichever is Pedestrian walkway surfaces and entrances to
greater. Shrubs shall be a minimum of 18” building
height or minimum of one (1) gallon potted. Screened storage areas
3) Landscape berms and/or plantings shall be Building exterior
required as screening for parking areas adjacent b) Location and design of site lighting shall be
to public streets and shall be a minimum of three in accordance with the following requirements:
(3) feet in height and can utilize natural grade All exterior lighting shall be designed, installed
changes to achieve the required 50% opacity and maintained so as not to cause glare or to
landscaping screen. Parking lot screening is in shine in adjacent lots and streets.
addition to required landscaping of open space No light source shall provide illumination onto
areas. adjacent lots, buildings or streets in excess of
4) Trees shall be provided in all parking lot 1.0-foot candle.
islands, which are of sufficient size to ensure the All exterior lighting luminaries shall be
growth and survival of the trees. Trees planted designed and installed to shield light from the
in parking lot islands may be counted toward the luminaire at angles above 72 degrees from
minimum tree planting requirements. vertical.
5) The developer of any lot fronting Seippel Fixtures mounted on a building shall not be
Road and/or Chavanelle Road shall participate positioned higher than the roofline of the
in the planting trees compatible in species and building.
spacing with tree plantings, which have Wooden utility type poles are acceptable only
previously been completed by the City along for temporary use during construction.
said streets. All electrical service lines to posts and fixtures
6) The installation of required planting shall be underground and concealed inside the
materials may be phased in direct proportion to posts.
the phasing of building construction. Required 2) Utility Locations: Service lines and
landscaping shall be installed by the date the mechanical equipment for utilities shall be
Building Services Department issues an located in accordance with the following
occupancy certificate, or if winter weather requirements.
prevents planting, within six months of being a) Service Lines: All electrical, telephone cable
issued an occupancy certificate. and other similar utility lines serving the building
7) To reduce erosion, all disturbed open space and other site features shall be located
areas shall have ground cover of grass or native underground.
vegetation, which is installed as sod, or seeded, b) Mechanical Equipment: All ground-mounted
fertilized and mulched. electrical transformers, switching gear, relay
boxes, meters, air conditioning units, heat
64 Regular Session, February 18, 2002
pumps and other similar mechanical equipment maintained by the property owner and/or
shall be screened from view. Screening may association.
consist of plantings or masonry walls. Plantings K. Transfer of Ownership
shall achieve 50% opacity after three (3) Transfer of ownership or lease of property in
growing seasons and a masonry wall shall this PUD District shall include in the transfer or
appear to be an integral part of the building’s lease agreement a provision that the purchaser
overall architectural design. or lessee acknowledges awareness of the
3) Site Plans: Final site development plans conditions authorizing the establishment of the
shall be submitted in accordance with Section 4-district.
4 of the Zoning Ordinance prior to construction L. Modifications.
of each building and vehicle-related feature Any modifications of this Ordinance must be
unless otherwise exempted by Section 4-4. approved by the City Council in accordance with
4) Storm Water Conveyance: The developer of zoning reclassification proceedings of Section 6
each lot shall be responsible for providing of the Zoning Ordinance.
surface or subsurface conveyance(s) of storm M. Recording.
water from the lot to existing storm sewers or to A copy of this ordinance shall be recorded at
flow line of open drainage ways outside the lot in the expense of the property owner(s) with the
a means that is satisfactory to the Public Works Dubuque County Recorder as a permanent
Department of the City of Dubuque. Other record of the conditions accepted as part of this
applicable regulations enforced by the City of reclassification approval within ten (10) days
Dubuque relative to storm water management after the adoption of this ordinance. This
and drainage shall apply to properties in the ordinance shall be binding upon the undersigned
PUD District. and his/her heirs, successors and assigns.
5) Platting: The conceptual development plan Section 4. The foregoing amendment has
shall serve as the preliminary plat for this PUD heretofore been reviewed by the Zoning
District. Subdivision plats and improvement Advisory Commission of the City of Dubuque,
plans shall be submitted in accordance with Iowa.
Chapter 42, Subdivision Regulations, of the City Section 5. The foregoing amendment shall
of Dubuque Code of Ordinances. take effect upon publication, as provided by law.
th
6) Noises: Noises generated within the PUD Passed, approved and adopted this 18 day of
District shall be regulated by Chapter 33, Article February, 2002.
IV Noises, of the City of Dubuque Code of Ann E. Michalski, Mayor Pro-Tem
Ordinances. Attest: Jeanne F. Schneider, City Clerk
7) Street Lighting: Streetlights shall be Published officially in the Telegraph Herald
th
installed in accordance with City of Dubuque newspaper this 26 day of February, 2002.
standards. Jeanne F. Schneider, City Clerk
8) Flood Plain Regulations: The area of the 1t 2/26
PUD District that lies within the flood plain of Buol moved that the requirement that a
Catfish Creek shall be subject to the regulations proposed Ordinance be considered and voted
of Section 3-5.3 of the Zoning Ordinance. on for passage at two Council Meetings prior to
9) Phased construction of Buildings and the meeting at which it is to be finally passed be
Parking Spaces: The construction of off-street suspended and further moved final
parking spaces may be phased in proportion to consideration and passage of the Ordinance.
the percentage of total building floor area Seconded by Nicholson. Motion carried 6-0.
constructed at any one time. Ground area set Section 2. The foregoing amendment has
aside for future parking, loading spaces or heretofore been reviewed by the Zoning
driveways or for parking provided in excess of Advisory Commission of the City of Dubuque,
the minimum required number of parking spaces Iowa.
Zoning Ordinance Text Amendment: Proof of
shall not reduce the minimum required area for
open space.
publication on notice of hearing to consider
10) Other Codes and Regulations: These
amending the Zoning Ordinance to reduce lot
regulations do not relieve an owner from other
frontage and lot area requirements in R-1
applicable City, County, State and Federal
Single-Family District as requested by the City of
codes, regulations, laws and other controls
Dubuque and the Zoning Advisory Commission
relative to the planning, construction, operation
recommending approval, presented and read.
and management of property in the PUD District.
Buol moved that the proof and communication
J. Open Space and Recreational Areas
be received and filed. Seconded by Nicholson.
Those areas not designated on the conceptual
Motion carried 6-0.
development plan as “open” shall be maintained
as open space, as defined by Section 8 of the
An Ordinance Amending Appendix A (the
Zoning Ordinance by the property owner and/or
Zoning Ordinance) of the City of Dubuque Code
association. The recreational trail shall be
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(F) 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-family lots as follows:
(F) Bulk Regulations:
Section 2. The foregoing amendment has from Larry and Sharon McDermott to vacate a
heretofore been reviewed by the Zoning 20-foot wide utility easement on Crescent
Advisory Commission of the City of Dubuque, Heights, presented and read. Markham moved
Iowa. that the proof be received and filed. Seconded
Section 3. This ordinance shall take effect by Cline. Motion carried 6-0.
immediately upon publication, as provided by
RESOLUTION NO. 84-02
law.
th
RESOLUTION DISPOSING OF INTEREST
Passed, approved and adopted this 18 day of
AND VACATE A 20-FOOT WIDE UTILITY
February 2002.
EASEMENT OVER LOTS 40, 41, AND 42 OF
Ann E. Michalski, Mayor Pro-Tem
CRESCENT HEIGHTS IN THE CITY OF
Attest: Jeanne F. Schneider, City Clerk
DUBUQUE, DUBUQUE COUNTY, IOWA
Published officially in the Telegraph Herald
th
newspaper this 25 day of February, 2002. Whereas, pursuant to resolution and published
Jeanne F. Schneider, City Clerk notice of time and place of hearing, published in
1t 2/25 the Telegraph Herald, a newspaper of general
Buol moved that the requirement that a circulation published in the City of Dubuque,
th
proposed Ordinance be considered and voted Iowa on the 8 day of February, 2002, the City
on for passage at two Council Meetings prior to Council of the City of Dubuque, Iowa met on the
th
the meeting at which it is to be finally passed be 18 day of February, 2002, at 6:30 p.m. in the
th
suspended and further moved final Public Library Auditorium, 360 West 11 Street,
consideration and passage of the Ordinance. Dubuque, Dubuque, County, Iowa to consider
Seconded by Nicholson. Motion carried 6-0. the proposal for the release of real estate
described as:
Crescent Heights – Request to Vacate: Proof A 20-foot utility easement on Lots 40, 41, and
of publication on notice of hearing and City 42 of Crescent Heights in the City of Dubuque,
Manager recommending approval of a request Iowa, as shown on the attached Exhibit A.
66 Regular Session, February 18, 2002
st
Whereas, the City Council of the City of office of the City Clerk on the 31 day of
Dubuque, Iowa overruled any and all objections, January, 2002; and
oral or written to the proposal to dispose of Whereas, the City Council has determined that
interest of the City of Dubuque, Iowa, in the the amounts shown on said schedule are proper
hereinabove described real estate. and are in proportion to the benefits conferred;
NOW THEREFORE, BE IT RESOLVED BY and
THE CITY COUNCIL OF THE CITY OF Whereas, the City Council further finds that the
DUBUQUE, IOWA: Mt. Carmel Sanitary Sewer Extension Project
Section 1. That the disposal of the interest of should be established and the connection fee
the City of Dubuque, Dubuque County, Iowa in schedule be approved and adopted.
real property described as a 20-foot utility NOW, THEREFORE, BE IT ORDAINED BY
easement on Lots 40, 41, and 42 of Crescent THE CITY COUNCIL OF THE CITY OF
Heights in the City of Dubuque, Iowa to Larry E. DUBUQUE, IOWA:
and Sharon A. McDermott be and the same is Section 1. There is hereby established the Mt.
hereby approved for the cost of publication and Carmel Sanitary Sewer Extension Project and a
filing fees. schedule of fees for the connection of property
Section 2. That the Mayor be authorized and to said City sewer, as shown on the schedule
directed to execute a Release of Easement, and attached hereto.
the City Clerk be and is hereby authorized and Section 2. Each person whose property will be
directed to deliver said Release to Larry E. and served by connection to said City sewer shall
Sharon A. McDermott, upon receipt of the above pay a connection fee to the City, as shown on
fees. the schedule attached hereto in the full amount if
Section 3. That the City Clerk be and is hereby the entire property is connected to said City
authorized and directed to record a certified sewer, or pro-rated on the basis of the
copy of this resolution in the office of the City percentage of area connected as to the total
Assessor, Dubuque County Recorder and acreage, if only a portion of the property is
Dubuque County Auditor. connected.
th
Passed, approved and adopted this 18 day of Section 3. Such connection fee shall be due
February, 2002. and payable when a sewer connection
Ann E. Michalski, Mayor Pro-Tem application is filed with the City. All fees
Attest: Jeanne F. Schneider, City Clerk collected under this Ordinance shall be paid to
Markham moved adoption of the Resolution. the City Treasurer.
Seconded by Cline. Motion carried 6-0. Section 4. The City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
Mt. Carmel Sanitary Sewer Extension for recording in the office of the Dubuque County
Connection Fees: Proof of publication on notice Recorder.
th
of hearing and City Manager recommending Passed, approved and adopted this 18 day of
adoption of the connection fees for the Mt. February, 2002.
Carmel sanitary sewer extension project, Ann E. Michalski, Mayor Pro-Tem
presented and read. Buol moved that the proof Attest: Jeanne F. Schneider, City Clerk
and communication be received and filed. Published officially in the Telegraph Herald
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Seconded by Cline. Motion carried 6-0. newspaper this 25 day of February, 2002.
Jeanne F. Schneider, City Clerk
An Ordinance Establishing the Mt. Carmel 1t 2/25
Sanitary Sewer Extension Project and a Buol moved that the requirement that a
schedule of fees for the connection of property proposed Ordinance be considered and voted
to said sewer, presented and read. 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
OFFICIAL PUBLICATION
consideration and passage of the Ordinance.
ORDINANCE NO. 09-02
Seconded by Cline. Motion carried 6-0.
AN ORDINANCE ESTABLISHING THE MT.
CARMEL SANITARY SEWER EXTENSION
Markham moved that the rules be reinstated
PROJECT AND A SCHEDULE OF FEES FOR
limiting discussion to the Council. Seconded by
THE CONNECTION OF PROPERTY TO SAID
Cline. Motion carried 6-0.
SEWER
Whereas, after full consideration of the final
ACTION ITEMS
connection fee schedule showing the connection
fees proposed to be made for the Mt. Carmel
Penalties for Tobacco Permit Holders: City
Sanitary Sewer Extension Project, which
Manager recommending the assessment of civil
schedule of connection fees was filed in the
penalties against nine tobacco permit holders,
Regular Session, February 18, 2002 67
presented and read. Nicholson moved that the
Mayor Duggan entered the Chambers at 7:46
P.M.
communication be received and filed and
resolved to assess the penalties. Seconded by
Dubuque Industrial Center West – Final Plat:
Buol. Motion carried 6-0.
City Manager recommending approval of the
final plat of Lot 6, Lot 7, Lot F and Lot G of
Southern Hills Subdivision II – Final Plat: City
Dubuque Industrial Center West to allow for the
Manager recommending approval of the final
sale of Lot 6 for construction of a new industrial
plat of Lots 1 – 24 inclusive of Block 1, and Lots
building, presented and read. Cline moved to
A – E inclusive of Southern Hills Subdivision II
received and filed the communication. Seconded
located northeast of the Lake Eleanor Road and
by Nicholson. Motion carried 6-0.
Kane Road intersection, presented and read.
Cline moved to received and filed the
RESOLUTION NO. 86-02
communication. Seconded by Nicholson. Motion
A RESOLUTION APPROVING THE FINAL
carried 6-0.
PLAT LOT 6, LOT 7, LOT “F” AND LOT “G”
OF DUBUQUE INDUSTRIAL CENTER WEST
RESOLUTION NO. 85-02
IN THE CITY OF DUBUQUE, IOWA.
RESOLUTION APPROVING THE FINAL PLAT
Whereas, there has been filed with the City
OF LOTS 1-24, INCLUSIVE, OF BLOCK 1 AND
Clerk a final plat Lot 6, Lot 7, Lot “F” and Lot “G”
LOT A-E OF SOUTHERN HILLS SUBDIVISION
of Dubuque Industrial Center West in the City of
II IN DUBUQUE COUNTY, IOWA
Dubuque; and
Whereas, there has been filed with the City
Whereas, upon said final plat appears a street
Clerk a final plat of Lots 1-24, inclusive, of Block
to be known as Chavenelle Road (Lot F),
1, and Lots A-E of Southern Hills Subdivision II;
together with certain public utility and sanitary
and
sewer easements which the owners by said final
Whereas, upon said plat provides 0 feet of
plat have dedicated to the public forever; and
frontage for Lots B, C, D and E where 60 feet is
Whereas, said plat provides 1.831 acres of lot
required by Section 42-19(b) of the Subdivision
area for Lot 7, where five (5)of lot area is
Regulations; and
required, by Ordinance 14-98, Section (C)(2)
Whereas, the preliminary plat has been
which established the Dubuque Industrial Center
examined by the Zoning Advisory Commission
West; and
and has its approval endorsed thereon, with the
Whereas, said final plat has been reviewed by
waiver of Article IV, Design and Improvement
the City Planner and had her approval endorsed
Standards of the Subdivision Regulations,
thereon; and
except for Section 41-29; and
Whereas, said final plat has been examined by
Whereas, said final plat has been reviewed by
the City Council and they find that it conforms to
the City Planner and had her approval endorsed
the statutes and ordinances relating to it, except
thereon; and
that no streets or public utilities have yet been
Whereas, said final plat has been examined by
constructed or installed.
the City Council and they find that it conforms to
NOW THEREFORE, BE IT RESOLVED BY
the statutes and ordinances relating thereto.
THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF
Section 1. That the dedication of Chavenelle
DUBUQUE, IOWA:
Road (Lot F) together with easements for public
Section 1. That the City Council hereby waives
utilities and sanitary sewer as they appear upon
Article IV, Design and Improvement Standards
said final plat, be and the same are hereby
of the Subdivision Regulations, except Section
accepted, and
42-19, Lots and Blocks.
Section 2. That the lot area requirement of five
Section 2. That the final plat of Lots 1-24,
(5) acres established by Ordinance 14-98,
Inclusive, of Block 1 and Lots A-E, inclusive, of
Section (C)(2) is waived to allow Lot 7 to have
Southern Hills Subdivision II is hereby approved
1.831 acres of lot area.
and the Mayor and City Clerk are hereby
Section 3. That the final plat of Lot 6, Lot 7, Lot
authorized and directed to endorse the approval
“F” and Lot “G” of Dubuque Industrial Center
of the City of Dubuque, Iowa, upon said
West is hereby approved and the Mayor and
subdivision plat.
City Clerk are hereby authorized and directed to
Passed, approved and adopted this 18th day
endorse the approval of the City of Dubuque,
of February, 2002.
Iowa, upon said final plat.
Ann E. Michalski, Mayor Pro-Tem
Section 4. Sidewalk installation shall be the
Attest: Jeanne F. Schneider, City Clerk
responsibility of the owner of the property
Cline moved adoption of the Resolution.
abutting the public rights-of-way, including lots
Seconded by Nicholson. Motion carried 6-0.
with multiple frontages, as required by City Code
41-161 through 41-164. The responsibility shall
68 Regular Session, February 18, 2002
extend to all successors, heirs and assignees.
OFFICIAL PUBLICATION
Sidewalk installation will not be required until the
ORDINANCE NO. 10-02
development of the lot has been completed
AN ORDINANCE AMENDING THE CITY OF
except as required herein. Sidewalks shall be
DUBUQUE CODE OF ORDINANCES
five (5) feet in width and installed one (1) foot
SECTION 29-2 PERMITTING ELECTRONIC
from the property line. All vacant lots shall have
RECORD KEEPING BY PAWN SHOPS AND
sidewalks installed upon development of 80% of
SECONDHAND DEALERS AND AMENDING
the developable lots approved by the final plat.
SECTION 29-4 TO REQUIRE SECONDHAND
Section 5. That the final acceptance of all
TRANSACTIONS INVOLVING COLLECT-
public improvements shall occur upon
IBLES, COMPUTERS, SOFTWARE, COM-
certification of the City Engineer that all public
PUTER ACCESSORIES, CDs, DVDs, TAPES,
improvements have been completed in
VIDEOS AND OTHER MEDIUMS FOR
accordance with the improvement plans and City
TRANSMITTING IMAGES OR SOUNDS BE
standards specifications.
INCLUDED IN THE ORDINANCE.
Passed, approved and adopted this 18th day
NOW, THEREFORE, BE IT ORDAINED BY
of February, 2002.
THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor
DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk
Section 1. Section 29-2 of the City of Dubuque
ACCEPTANCE OF RESOLUTION NO. 86-02
Code of Ordinances is amended to read as
I, the undersigned, Terrance M. Duggan,
follows:
Mayor, City of Dubuque, having read the terms
Sec. 29-2 Required records.
and conditions of the Resolution No. 86-02 and
When goods or materials described in Section
being familiar with the conditions thereof, hereby
29-4 are received by purchase, as security or on
accept this same and agree to the conditions
consignment, it shall be the duty of the person or
required therein.
organization receiving the goods or materials to
Dated in Dubuque, Iowa this 18th day of
permanently record in the English language on
February, 2002.
serially numbered, triplicate forms approved by
By: /s/ Terrance M. Duggan, Mayor
the chief of police. All forms printed whether
Cline moved adoption of the Resolution.
used or voided shall be accounted for by the
Seconded by Nicholson. Motion carried 7-0.
licensee. The forms shall contain the following
information.
Junk Dealers, Secondhand Dealers and
(1) Name and address of the person from
Pawnbrokers Ordinance: City Manager
whom it was received with the means of
recommending an amendment to Chapter 29 of
identification used, i.e., driver’s license, birth
the City of Dubuque Code of Ordinances that
certificate, etc.,;
would allow electronic record keeping and add
(2) Date, time and place of the transaction;
record keeping requirements for additional items
(3) A detailed and accurate description of each
to the Junk Dealers, Secondhand Dealers and
article received including serial numbers or
Pawnbrokers Ordinance, presented and read.
identifying marks. In the case of junk, a general
Buol moved that the communication be received
description of the composition of aggregate
and filed. Seconded by Markham. Motion carried
purchase is sufficient;
7-0.
(4) A record of whether the transaction was a
Michael Koch, 1623 Thomas Pl., as owner of
purchase, a security or consignment transaction;
Dubuque Jewelry & Loan, spoke stating
(5) A record of monies paid or loaned and
opposition to the proposed Ordinance, stressing
which may be maintained separately but which
that the Police can request records at any time.
must be available for inspection in the course of
Bob Atkinson, 1542 Central, spoke objecting to
examination of individual transaction;
the proposed Ordinance, stating there is no way
(6) A record of name, address and how an
to keep track of some things he has, such as
article was disposed of, if not redeemed. This
6,000 pennies he recently acquired.
subsection does not apply to disposition of junk;
(7) All forms, whether used or not, shall be
An Ordinance Amending the City of Dubuque
maintained in numerical sequence.
Code of Ordinances Section 29-2 permitting
All receipts and records pertaining to the receipt
electronic record keeping by pawn shops and
of goods and materials as described in this
secondhand dealers and amending Section 29-4
article shall be open to inspection during regular
to require secondhand transactions involving
business hours by any police officer acting in the
collectibles, computers, software, computer
course of official duty and under the direction of
accessories, CDs, DVDs tapes, videos and
the chief of police or the chief investigating
other mediums for transmitting images or
officer of the police department.
sounds be included in the Ordinance, presented
Failure to keep such records, or making false
and read.
entries therein, or refusal to produce the same
Regular Session, February 18, 2002 69
when requested by the persons entitled to Terrance M. Duggan, Mayor
inspect the same, shall subject the offender to Attest: Jeanne F. Schneider, City Clerk
penalty as provided in section 1-8 of this Code. Published officially in the Telegraph Herald
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Every pawnbroker and secondhand dealer newspaper this 25 day of February, 2002.
shall make available all such records Jeanne F. Schneider, City Clerk
immediately upon demand of any Dubuque 1t 2/25
police officer. Buol moved that the requirement that a
The chief of police may authorize the records proposed Ordinance be considered and voted
required in this section be maintained in an on for passage at two Council Meetings prior to
electronic database in lieu of printed forms. The the meeting at which it is to be finally passed be
chief of police shall approve any database suspended and further moved final
system prior to its being utilized by a consideration and passage of the Ordinance.
secondhand dealer or pawnbroker. Seconded by Markham. Motion carried 7-0.
Section 2. Section 29-4 of the City of Dubuque
Code of Ordinances is amended to read as Dubuque Jaycees/Peosta Channel Trail
follows: Project: City Manager recommending award of
Sec. 29-4. Purchases, security and the contract for the Dubuque Jaycees/Peosta
consignment transactions. Channel Trail Project to Tschiggfrie Excavating
The purchase, receipt as security, or on in the amount of $330,607.10, presented and
consignment of the following listed goods or read. Markham moved that the communication
materials shall be governed by this article: be received and filed. Seconded by Michalski.
Household appliances Motion carried 7-0.
Sporting goods
RESOLUTION NO. 87-02
Household furniture
AWARDING CONTRACT
Bicycles
Glassware Whereas, sealed proposals have been
Untitled motor vehicles submitted by contractors for the Dubuque
Jewelry Jaycees/Peosta Channel Trail Project pursuant
Electronic equipment to Resolution No. 558-01 and notice to bidders
Precious and semi-precious stones published in a newspaper published in the City
Motor vehicle parts and equipment of Dubuque, Iowa on the 11th day of January,
Silver/silverware 2002.
Photographic/video parts and equipment Whereas, said sealed proposals were opened
Precious metals and coins and read on the 31st day of January, 2002, and
Stereo equipment it has been determined that the bid of
Lawn and garden tools, equipment and Tschiggfrie Excavating of Dubuque, Iowa, in the
furnishings amount of $356,607.10 was the lowest bid for
Radio equipment the furnishings of all labor and materials and
Television equipment performing the work as provided for in the plans
Rare books and specifications.
Tools NOW THEREFORE, BE IT RESOLVED BY
Works of art THE CITY COUNCIL OF THE CITY OF
Junk DUBUQUE, IOWA:
Computers, software and computer That the contract for the above improvement
accessories be awarded to Tschiggfrie Excavating, less
CDs, DVDs, videos, tapes and other similar $26,000 for the shade structure contained in
mediums of transmitting images or sounds ACC Alternate 2, and the Manager be and is
Collectibles hereby directed to execute a contract on behalf
Antique, used or scrap jewelry and precious of the City of Dubuque for the complete
metals shall be retained in the local place of performance of the work.
business and it shall be unlawful to change the BE IT FURTHER RESOLVED:
form of said items by melting, remounting, That upon the signing of said contract and the
cutting up or otherwise changing the form of said approval of the contractor's bond, the City
items for a period of one hundred twenty (120) Treasurer is authorized and instructed to return
hours from the time of said transaction. the bid deposits of the unsuccessful bidders.
th
The following listed items shall be exempt from Passed, approved and adopted this 18 day of
the provisions of this article: Beverage February, 2002.
containers and scrap paper. Terrance M. Duggan, Mayor
Section 3. This Ordinance shall take effect Attest: Jeanne F. Schneider, City Clerk
upon publication. Markham moved adoption of the Resolution.
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Passed, approved and adopted this 18 day of Seconded by Michalski. Motion carried 7-0.
February, 2002.
70 Regular Session, February 18, 2002
COUNCIL MEMBER REPORTS Expansion of Giese Manufacturing, Inc. at the
Dubuque Industrial Center West: City Manager
Markham spoke stating his concern with recommending that a public hearing be set for
Mediacom Cable and stressed encouraging the March 4, 2002 to consider disposing of an
Legislators to change the deregulation as it is interest in real property to Giese Properties,
not working. Michalski spoke stating their need L.L.C. and the Giese Manufacturing Company,
for an update on Cable franchise negotiations as Inc., and approval of a Development Agreement,
to a basic cable package. presented and read. Michalski moved that the
communication be received and filed. Seconded
ITEMS TO BE SET FOR PUBLIC HEARING by Nicholson. Motion carried 7-0.
RESOLUTION NO. 89-02
C.J. Bies Subdivision – Request to Vacate
RESOLUTION OF INTENT TO DISPOSE OF
Utility Easement: City Manager recommending
AN INTEREST IN REAL PROPERTY BY SALE
that a public hearing be set for March 4, 2002 to
TO GIESE PROPERTIES, L.L.C. PURSUANT
consider a request from Tom Oster to vacate a
TO DEVELOPMENT AGREEMENT WITH
ten foot wide utility easement in C.J. Bies
GIESE PROPERTIES, L.L.C. AND THE GIESE
MANUFACTURING COMPANY, INC.
Subdivision, presented and read. Michalski
WHEREAS, the City of Dubuque, Iowa (City) is
moved that the communication be received and
the owner of the following real property (the
filed. Seconded by Nicholson. Motion carried 7-
Property), as shown on the Exhibit attached
0.
hereto consisting of 5 acres, more or less; and
WHEREAS, City, Giese Properties, L.L.C. and
RESOLUTION NO. 88-02
Giese Manufacturing Company, Inc. have
RESOLUTION OF INTENT TO DISPOSE OF
entered into a Development Agreement, subject
INTEREST AND VACATE UTILITY EASE-
to the approval of the City Council, a copy of
MENT OVER LOTS 4 AND 5 OF C.J. BIES
which is on file at the Office of the City Clerk,
SUBDIVISION NO. 2 IN THE CITY OF
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City Hall, 50 W. 13 Street, Dubuque, Iowa
DUBUQUE, DUBUQUE COUNTY, IOWA
pursuant to which City will sell the Property to
Whereas, Peter and Pamela Triolo, Roger G.
Giese Properties, L.L.C.; and
and Christine Klauer, and Patrick and Kathleen
WHEREAS, the City Council has tentatively
M. Sullivan are the current owners of Lots 4 and
determined that it would be in the best interests
5 of C.J. Bies Subdivision No. 2;
of the City to approve the Development
Whereas, a 10-foot wide utility easement is
Agreement, including conveyance of the
currently platted on said lots; and
Property to Giese Properties, L.L.C.
Whereas, Peter and Pamela Triolo, Roger G.
NOW, THEREFORE, BE IT RESOLVED BY
and Christine Klauer, and Patrick and Kathleen
THE CITY COUNCIL OF THE CITY OF
M. Sullivan have petitioned to vacate the
DUBUQUE, IOWA:
easement in said lots; and
Section 1. The City of Dubuque intends to
NOW THEREFORE, BE IT RESOLVED BY
dispose of its interest in the foregoing-described
THE CITY COUNCIL OF THE CITY OF
Property to Giese Properties, L.L.C.
DUBUQUE, IOWA:
Section 2. The City Clerk is hereby authorized
Section 1. That the City of Dubuque intends to
and directed to cause this Resolution and a
dispose of its interest and vacate the existing
notice to be published as prescribed by Iowa
10-foot wide utility easement over Lots 4 and 5
Code Section 364.7 of a public hearing on City’s
of C.J. Bies Subdivision No. 2.
intent to dispose of the foregoing-described
Section 2. That the City Clerk be and is hereby
Property, to be held on the 4th day of March, at
authorized and directed to cause a notice of
6:30 p.m. at the Carnegie-Stout Public Library
intent to dispose to be published as prescribed
th
Auditorium, 360 W. 11 Street, Dubuque, Iowa.
under Section 364.7 Code of Iowa, 1999 or
th
Passed, approved and adopted this 18 day of
amended.
February 2002.
th
Passed, approved and adopted this 18 day of
Terrance M. Duggan, Mayor
February, 2002.
Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor
Michalski moved adoption of the Resolution
Attest: Jeanne F. Schneider, City Clerk
and further set this for Public Hearing on 3/4/02
Michalski moved adoption of the Resolution
at a meeting to commence at 6:30 P.M. in the
and further set this for Public Hearing on 3/4/02
public library auditorium and that the City Clerk
at a meeting to commence at 6:30 P.M. in the
publish notice in the manner prescribed by law.
public library auditorium and that the City Clerk
Seconded by Nicholson. Motion carried 7-0.
publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2003 Budget: City Manager
recommending that a public hearing be set for
Regular Session, February 18, 2002 71
Tuesday, March 5, 2002 on the Fiscal Year Improvement Program at the Carnegie Stout
2003 Budget, presented and read. Michalski Public Library Auditorium, 360 West 11th Street,
moved that the communication be received and Dubuque, Iowa, on Tuesday, March 5, 2002,
filed. Seconded by Nicholson. Motion carried 7-beginning at 6:30 p.m.
0. Section 2. That the City Clerk be and is hereby
authorized and directed to publish notice of the
RESOLUTION NO. 90-02
public hearing.
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RESOLUTION SETTING THE DATE OF THE
Passed, approved and adopted this 18 day of
PUBLIC HEARING ON THE FISCAL YEAR
February 2002.
2003 BUDGET FOR THE CITY OF DUBUQUE
Terrance M. Duggan, Mayor
Whereas, Section 384.16 of the Code of Iowa Attest: Jeanne F. Schneider, City Clerk
provides that the City Council shall set a time Michalski moved adoption of the Resolution
and place for a public hearing on the budget and set this for Public Hearing on Tuesday,
before the final certification date and shall 3/5/02 at a meeting to commence at 6:30 P.M. in
publish notice before the hearing as provided in the public library auditorium and that the City
Section 362.3 of the Code of Iowa. Clerk publish notice in the manner prescribed by
NOW THEREFORE, BE IT RESOLVED BY law. Seconded by Nicholson. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Napier Storm and Sanitary Sewer
Section 1. That the City Council shall conduct Reconstruction – Initiate: City Manager
a public hearing on the proposed 2003 budget of recommending initiation of the bidding process
the City of Dubuque at the Carnegie Stout Public for the Napier Storm and Sanitary Sewer
Library Auditorium, 360 West 11th Street, Reconstruction Project and setting a public
Dubuque, Iowa, on Tuesday, March 5, 2002, hearing for March 18, 2002, presented and read.
beginning at 6:30 p.m. Michalski moved that the communication be
Section 2. That the City Clerk be and is hereby received and filed. Seconded by Nicholson.
authorized and directed to publish according to Motion carried 7-0.
law notice of public hearing together with the
RESOLUTION NO. 92-02
required budget information.
th
PRELIMINARY APPROVAL OF
Passed, approved and adopted this 18 day of
PLANS AND SPECIFICATIONS
February 2002.
Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider City Clerk THE CITY COUNCIL OF THE CITY OF
Michalski moved adoption of the Resolution and DUBUQUE, IOWA:
further set this for Public Hearing for Tuesday, That the proposed plans, specifications, form
3/5/02 at a meeting to commence at 6:30 P.M. in of contract and estimated cost for the Napier
the public library auditorium and that the City Street Storm & Sanitary Sewer Reconstruction
Clerk publish notice in the manner prescribed by Project, in the estimated amount of $123,632.82,
law. Seconded by Nicholson. Motion carried 7-0. are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
th
RESOLUTION NO. 91-02
Passed, approved and adopted this 18 day of
SETTING THE DATE OF PUBLIC HEARING
February, 2002.
ON THE FIVE YEAR CAPITAL IMPROVE-
Terrance M. Duggan, Mayor
MENT PROGRAM
Attest: Jeanne F. Schneider, City Clerk
Whereas, a proposed five year Capital Michalski moved that the communication be
Improvement Program for the City of Dubuque received and filed. Seconded by Nicholson.
has been prepared and submitted to the City Motion carried 7-0.
Council; and
RESOLUTION NO. 93-02
Whereas, the capital projects for the first year
FIXING DATE OF HEARING ON
are included in the Fiscal Year 2003 budget for
PLANS AND SPECIFICATIONS
the City of Dubuque; and
Whereas, it is deemed to be in the best Whereas, the City Council of the City of
interest of the City of Dubuque to conduct a Dubuque, Iowa has given its preliminary
public hearing and to adopt the five year Capital approval on the proposed plans, specifications,
Improvement Program simultaneously with the and form of contract and placed same on file in
public hearing and adoption of the Fiscal Year the office of the City Clerk for public inspection
2003 budget for the City of Dubuque. of the Napier Street Storm & Sanitary Sewer
NOW THEREFORE, BE IT RESOLVED BY Reconstruction Project.
THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
Section 1. That the City Council shall conduct DUBUQUE, IOWA:
a public hearing on the five year Capital
72 Regular Session, February 18, 2002
th
That on the 18 day of March, 2002, a public
hearing will be held at 6:30 p.m. in the Public /s/ Jeanne F. Schneider, CMC
Library Auditorium at which time interested City Clerk
persons may appear and be heard for or against
the proposed plans and specifications, form of 1t 2/27
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a Approved:__________________________2002
notice of time and place of such hearing to be
published in a newspaper having general Adopted:___________________________2002
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 Mayor
proposed plans, specifications, contract, or
estimated cost of the improvement. ______________________________________
th
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 Hearing on 3/18/02 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 carried 7-0. ______________________________________
Council Members
RESOLUTION NO. 94-02
ORDERING BIDS
Attest:
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE, ______________________________________
IOWA: City Clerk
That the Napier Street Storm & Sanitary Sewer
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 in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
th
the 7 day of March, 2002. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
th
6:30 p.m. on the 18 day of March, 2002.
th
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.
Seconded by Nicholson. Motion carried 7-0.
There being no further business, Buol moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 8:08 P.M.
Special Session, February 20, 2002 73
th
Passed, approved and adopted this 20 day of
DUBUQUE
February, 2002.
Dan Nicholson, Acting Mayor Pro-Tem
CITY COUNCIL
Attest: Jeanne F. Schneider, City Clerk
OFFICIAL
Buol moved adoption of the Resolution.
PROCEEDINGS
Seconded by Markham. Motion carried 5-0.
City Council, Special Session, February 20,
Mayor Pro-Tem Michalski entered the meeting
2002
at 6:20 p.m.
Council met in special session at 6:15 p.m. in
the Library Auditorium
The Civic Center Division, Recreation Division,
Present: Council Members Buol, Cline,
Park Division, Information Services Department
Connors, Markham, Nicholson; City Manager
and Cable TV Division budgets were presented
Michael Van Milligen
and discussed.
Absent: Mayor Duggan, Council Member
Michalski
There being no further business, Cline moved
to adjourn. Seconded by Nicholson. Motion
Council Member Nicholson read the call and
carried 6-0. The meeting adjourned at 8:25 p.m.
stated this is a special session of the City
Council called for the purpose of discussing
/s/ Jeanne F. Schneider, CMC
various City budgets and such other business
City Clerk
that may come before the Council.
1t 3/1
City Manager recommending the sale of
$1,000,000 General Obligation Bonds for the
Main Street reconstruction project. Buol moved
Approved:__________________________2002
that the communication be received and filed.
Seconded by Markham. Motion carried 5-0.
Adopted:___________________________2002
RESOLUTION NO. 95-02
RESOLUTION DIRECTING SALE OF
______________________________________
$1,000,000 GENERAL OBLIGATION BONDS,
Mayor
SERIES 2002B
Whereas, pursuant to notice as required by
______________________________________
law, bids have been received at public sale for
the Bonds described as follows and the best bid
______________________________________
received is determined to be the following:
$1,000,000 GENERAL OBLIGATION BONDS,
______________________________________
SERIES 2002B
Bidder: RBC Dain Rauscher Inc. of West Des
______________________________________
Moines, IA
the terms of said bid being:
______________________________________
Purchase Price: $990,000.00
Net Interest Rate: 4.7348%
______________________________________
Net Interest Cost $557,161.88
Council Members
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
Attest:
IOWA:
Section 1. That the bid for the Bonds as
______________________________________
above set out is hereby determined to be the
City Clerk
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.
74 Special Session, February 21, 2002
DUBUQUE
persons may appear and be heard for or against
the proposed plans and specifications, form of
CITY COUNCIL
contract and cost of said improvement, and the
OFFICIAL
City Clerk be and is hereby directed to cause a
PROCEEDINGS
notice of time and place of such hearing to be
published in a newspaper having general
City Council, Special Session, February 21,
circulation in the City of Dubuque, Iowa, which
2002
notice shall be not less than four days nor more
Council met in special session at 6:15 p.m. in
than twenty days prior to the day fixed for its
the Library Auditorium
consideration. At the hearing, any interested
Present: Mayor Pro-Tem Michalski, Council
person may appear and file objections to the
Members Buol, Cline, Connors, Markham,
proposed plans, specifications, contract, or
Nicholson; City Manager Michael Van Milligen
estimated cost of the improvement.
st
Absent: Mayor Duggan
Passed, approved and adopted this 21 day of
February, 2002.
Mayor Pro-Tem Michalski read the call and
Ann E. Michalski, Mayor Pro-Tem
stated this is a special session of the City
Attest: Jeanne F. Schneider, City Clerk
Council called for the purpose of discussing
Buol moved adoption of the Resolution and
various City budgets and such other business
further set this for Public Hearing on 4/1/02 at a
that may come before the Council.
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
City Manager recommending initiation of the
notice in the manner prescribed by law.
public bidding process for the Mississippi
Seconded by Markham. Motion carried 6-0.
Riverwalk and Amenities Project and setting a
public hearing for April 1, 2002. Buol moved that
RESOLUTION NO. 98-02
the communication be received and filed.
ORDERING BIDS
Seconded by Markham. Motion carried 6-0.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
RESOLUTION NO. 96-02
IOWA:
PRELIMINARY APPROVAL OF
That the Mississippi Riverwalk & Amenities
PLANS AND SPECIFICATIONS
Project is hereby ordered to be advertised for
NOW THEREFORE, BE IT RESOLVED BY
bids for construction.
THE CITY COUNCIL OF THE CITY OF
BE IT FURTHER RESOLVED, that the amount
DUBUQUE, IOWA:
of the security to accompany each bid shall be in
That the proposed plans, specifications, form
an amount which shall conform to the provisions
of contract and estimated cost for the Mississippi
of the notice to bidders hereby approved as a
Riverwalk & Amenities Project, in the estimated
part of the plans and specifications heretofore
amount of $4,324,012.00, are hereby approved
adopted.
and ordered filed in the office of the City Clerk
That the City Clerk is hereby directed to
for public inspection.
advertise for bids for the construction of the
st
Passed, approved and adopted this 21 day of
improvements herein provided, to be published
February, 2002.
in a newspaper having general circulation in the
Ann E. Michalski, Mayor Pro-Tem
City of Dubuque, Iowa, which notice shall not be
Attest: Jeanne F. Schneider, City Clerk
less than four days nor more than forty-five days
Buol moved adoption of the Resolution.
prior to the receipt of said bids at 2:00 p.m. on
Seconded by Markham. Motion carried 6-0.
the 19th day of March, 2002. Bids shall be
opened and read by the City Clerk at said time
RESOLUTION NO. 97-02
and will be submitted to the Council for final
FIXING DATE OF HEARING
action at 6:30 p.m. on the 1st day of April, 2002.
ON PLANS AND SPECIFICATIONSst
Passed, approved and adopted this 21 day of
Whereas, the City Council of the City of
February, 2002.
Dubuque, Iowa has given its preliminary
Ann E. Michalski, Mayor Pro-Tem
approval on the proposed plans, specifications,
Attest: Jeanne F. Schneider, City Clerk
and form of contract and placed same on file in
Buol moved adoption of the Resolution.
the office of the City Clerk for public inspection
Seconded by Markham. Motion carried 6-0.
of the Mississippi Riverwalk & Amenities Project.
NOW THEREFORE, BE IT RESOLVED BY
The Planning Services Department Budget
THE CITY COUNCIL OF THE CITY OF
was presented and discussed.
DUBUQUE, IOWA:
Steve Horman of the Dubuque Area Chamber
st
That on the 1 day of April, 2002, a public
of Commerce spoke in support of proceeding
hearing will be held at 6:30 p.m. in the Public
with the Downtown Master Plan.
Library Auditorium at which time interested
Regular Session, February 21, 2002 75
Terry Mozena, Chair of the Historic The Housing and Community Development
Preservation Commission, expressed appreci-Department budget was presented and
ation for the City Council’s support of their discussed.
programs.
Dr. Mary Lynn Neumeister expressed There being no further business, Nicholson
appreciation for support of the Long Range moved to adjourn. Seconded by Markham.
Planning Advisory Commission and commented Motion carried 6-0. The meeting adjourned at
that the Commission was concerned that there 8:46 p.m.
was not sufficient Planning Services staff to
undertake the Zoning Ordinance Update. /s/ Jeanne F. Schneider, CMC
Tammy Pfab, representing the Old House City Clerk
Enthusiasts, requested continued support for 1t 3/1
historic preservation efforts.
Dan LoBianco, Dubuque Main Street, stated
appreciation for the Downtown Master Plan. Approved:__________________________2002
Dave Stuart, 1470 Locust Street, stated his
appreciation for the Planning Services staff. Adopted:___________________________2002
There was Council consensus that the Zoning
Ordinance update should be discussed at the
next goal setting session. ______________________________________
Mayor
The Economic Development Department
budget was presented and discussed. ______________________________________
The Transit Division budget was presented ______________________________________
and discussed.
John VanderMeulen, Transit Division ______________________________________
employee, raised various issues concerning the
Transit Division budget. ______________________________________
Pat Healy, 227 Bryant, spoke regarding
additional funding for part-time drivers and in the ______________________________________
maintenance area.
______________________________________
The Parking Division budget was presented Council Members
and discussed. Michalski expressed concern
about the lack of sufficient handicapped parking Attest:
spaces throughout the City, especially at the
Five Flags Center and Library. ______________________________________
City Clerk
Mayor Pro-Tem Michalski opened the public
hearing on the Fiscal Year 2003 Community
Development Block Grant Annual Plan.
Buol moved to suspend the rules to allow any
present to address the Council. Seconded by
Cline. Motion carried 6-0.
Walt Pregler, 2966 Shiras Avenue, expressed
concern for the reallocation of $15,000 from the
CDBG Contingency Fund to the Historic
Preservation Homeowner Grant Program.
Terry Mozena, Chair of the Historic
Preservation Commission, spoke in support of
the reallocation.
Nicholson moved to reinstate the rules closing
the Public Hearing. Seconded by Buol. Motion
carried 6-0.
76 Special Session, February 25, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 25,
2002
Council met in special session at 6:15 p.m. in
Approved:__________________________2002
the Library Auditorium
Present: Mayor Duggan, Council Members
Adopted:___________________________2002
Buol, Cline, Connors, Markham, Michalski,
Nicholson; City Manager Michael Van Milligen
______________________________________
Mayor Duggan read the call and stated this is
Mayor
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 discussed.
______________________________________
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 hearing. Consensus was not
______________________________________
reached on this item.
______________________________________
Purchase of Services Budgets were
Council Members
represented:
Sue Czeshinski for the Convention and
Attest:
Visitors Bureau; Dave George for Dubuque Area
Labor Management Council; Dan LoBianco for
______________________________________
Dubuque Main Street, Ltd.; David Runyon for
City Clerk
Helping Services of Northeast Iowa; Steve
Jacobs for Project Concern (Information and
Referral, Child Care Referral, and Foster
Grandparent Program); Rick Dickinson for
Greater Dubuque Development Corporation;
Myra Benzer for Retired 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 Dubuque
Symphony Orchestra, addressed the Council
requesting funding in the amount of $50,000 for
each non-profit organization.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 7:53 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/5
Special Session, February 27, 2002 77
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved:__________________________2002
City Council, Special Session, February 27,
2002
Adopted:___________________________2002
Council met in special session at 6:15 p.m. in
the Library Auditorium
Present: Mayor Duggan, Council Members
______________________________________
Buol, Cline, Connors, Michalski, Nicholson; City
Mayor
Manager Michael Van Milligen
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 Department and
______________________________________
Police Department budgets were presented and
discussed.
______________________________________
Council Members
There being no further business, Cline moved
to adjourn. Seconded by Buol. Motion carried
Attest:
6-0. The meeting adjourned at 8:32 p.m.
______________________________________
/s/ Jeanne F. Schneider, CMC
City Clerk
City Clerk
1t 3/7