2002 April Council Proceedings Regular Session, April 1, 2002 139
DUBUQUE
John Prochaska in undetermined amount for
personal injury; Madonna Redmond in
CITY COUNCIL
undetermined amount for personal injury; Kevin
OFFICIAL
T. Taggart in estimated amount of $719.98 for
PROCEEDINGS
vehicle damage, presented and read. Michalski
moved that the claims be referred to the Legal
City Council, Regular Session, April 1, 2002
Department for investigation and report.
Council met in Regular Session at 6:30 P.M. in
Seconded by Cline. Motion carried 7-0.
the Library Auditorium
Present: Mayor Duggan, Council Members
Corporation Counsel advising that the
Buol, Cline, Connors, Markham, Michalski,
following claims have been referred to Public
Nicholson, City Manager Michael Van Milligen,
Entity Risk Services of Iowa, the agent for the
Corporation Counsel Barry Lindahl.
Iowa Communities Assurance Pool: John
Prochaska for personal injury; Madonna
Mayor Duggan read the call and stated this is
Redmond for personal injury; Kevin Taggart for
the regular session of the City Council called for
vehicle damage, presented and read.
the purpose of acting upon such business which
Michalski moved that the communications be
may properly come before the City Council.
received and filed and concurred. Seconded by
Cline. Motion carried 7-0.
Invocation was given by Reverend Terry
Bemis, Pastor, Assembly of God Church.
Dubuque Golf and Country Club:
Communication from the Dubuque Golf and
Council offered a moment of silence in
Country Club requesting permission to display
remembrance of slain French Council Members.
fireworks on Thursday, July 4, 2002 on the
Dubuque Golf and Country Club grounds,
Proclamations: Community Development
presented and read. Michalski moved that the
Week (April 1–7, 2002) received by Community
communication be received and filed and
Development Commissioner Walt Pregler;
approved the request. Seconded by Cline.
Public Health Week (April 1–7, 2002) received
Motion carried 7-0.
by The Finley Hospital representative Kathy
Ripple; Building Safety Week (April 7–13, 2002)
Iowa Department of Economic Development:
received by City Building Services Manager Rich
City Manager recommending approval of a pre-
Russell, Fair Housing Month (April, 2002)
application for $50,000 to the Iowa Department
received by City Human Rights Director Kelly
of Economic Development’s Community
Larson.
Development Fund for the Downtown Master
Plan, presented and read. Michalski moved
CONSENT ITEMS
that the communication be received and filed
and approved the recommendation. Seconded
Minutes Submitted: Cable TV Regulatory
by Cline. Motion carried 7-0.
Commission of 3/14; City Council of 3/14 and
3/18; Community Development Advisory
Shot Tower Restoration - Save America’s
Commission of 3/14; Downtown Planning
Treasures Grant Application: City Manager
Committee of the Long Range Planning
recommending approval of an application to the
Advisory Commission of 3/11; Enterprise Zone
Save America’s Treasures Program for the Shot
Commission of 3/15; Housing Code Appeals
Tower restoration project, presented and read.
Board of 11/20/01; Park and Recreation
Michalski moved that the communication be
Commission of 3/12; Plumbing Board of 3/12;
received and filed and approved the
Transit Trustee Board of 1/10, presented and
recommendation. Seconded by Cline. Motion
read. Michalski moved that the minutes be
carried 7-0.
received and filed. Seconded by Cline. Motion
carried 7-0.
Marshall Park – Plat of Survey: City Manager
recommending approval of the Plat of Survey for
Proofs of publication of Council Proceedings of
Marshall Park, which was completed to verify
3/4, 3/5 and 3/14; the Governing Board of the
and establish the boundary lines in the field for
Municipal Housing Agency of 3/5; and the List of
Marshall Park and the Arboretum, presented
Claims and Summary of Revenues for the
and read. Michalski moved that the
month ending 2/28/02, presented and read.
communication be received and filed. Seconded
Michalski moved that the proofs be received and
by Cline. Motion carried 7-0.
filed. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 178-02
RESOLUTION APPROVING THE PLAT OF
Notice of Claims/Suits: Karla Kipper in
SURVEY OF SW ¼ SW ¼; the NW ¼ OF THE
estimated amount of $85.44 for vehicle damage;
140 Regular Session, April 1, 2002
SE ¼ SW ¼ AND THE BALANCE OF LOT 1
improvement be and the same is hereby
OF THE S ½ OF THE SE ¼ SW ¼ AND THE
accepted.
SW ¼ OF THE SW ¼ SE ¼, ALL IN SECTION
BE IT FURTHER RESOLVED that the City
TH
10, T89N, R2E OF THE 5 P.M., IN THE CITY
Treasurer be and he is hereby directed to pay to
OF DUBUQUE, IOWA.
the contractor from the Fiscal Year 1998
Whereas, there has been filed with the City General Fund and the Road Use Tax Fund in
Clerk a plat of survey of the SW ¼ SW ¼; the amount equal to the amount of this contract, less
NW ¼ of the SE ¼ SW ¼ and the balance of Lot any retained percentage provided for therein.
1 of the S ½ of the SE ¼ SW ¼ and the SW ¼ Passed, approved and adopted this 1st day of
of the SW ¼ SE ¼, all in Section 10, T89N, R2E April, 2002.
th
of the 5 P.M., in the City of Dubuque; and Terrance M. Duggan, Mayor
Whereas, said plat of survey has been Attest: Jeanne F. Schneider, City Clerk
reviewed by the City Planner and had her Michalski moved adoption of the Resolution.
approval endorsed hereon; and Seconded by Cline. Motion carried 7-0.
Whereas, said plat of survey has been
RESOLUTION NO. 180-02
examined by the City Council and they find that
FINAL ESTIMATE
it conforms to the statutes and ordinances
relating hereto. Whereas, the contract for the Dubuque
NOW THEREFORE, BE IT RESOLVED BY Regional Airport – Entrance Road
THE CITY COUNCIL OF THE CITY OF Reconstruction Project has been completed and
DUBUQUE, IOWA: the City Engineer has submitted his final
Section 1. That the plat of survey of the SW ¼ estimate showing the cost thereof including the
SW ¼; the NW ¼ of the SE ¼ SW ¼ and the cost of estimates, notices and inspection and all
balance of Lot 1 of the S ½ of the SE ¼ SW ¼ miscellaneous costs;
and the SW ¼ of the SW ¼ SE ¼, all in Section NOW THEREFORE, BE IT RESOLVED BY
th
10, T89N, R2E of the 5 P.M., in the City of THE CITY COUNCIL OF THE CITY OF
Dubuque is hereby approved and the Mayor and DUBUQUE, IOWA:
City Clerk are hereby authorized and directed to Section 1. That the cost of said improvement
endorse the approval of the City of Dubuque, is hereby determined to be $183,500.40 and the
Iowa, upon said survey. said amount shall be paid from the Fiscal Year
Passed, approved and adopted this 1st day of 1998 General Fund and the Road Use Tax Fund
April, 2002. of the City of Dubuque, Iowa.
Terrance M. Duggan, Mayor Passed, approved and adopted this 1st day of
Attest: Jeanne F. Schneider, City Clerk April, 2002.
Michalski moved adoption of the Resolution. Terrance M. Duggan, Mayor
Seconded by Cline. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Dubuque Regional Airport Entrance Road Seconded by Cline. Motion carried 7-0.
Reconstruction Project – Acceptance: City
Manager recommending acceptance of the Fiscal Year 2002 Annual Action Plan –
Dubuque Regional Airport Entrance Road Amendment #3: City Manager recommending
Reconstruction Project in the final contract approval of an amendment to the City’s
amount of $183,500.40, presented and read. Community Development Block Grant (CDBG)
Michalski moved that the communication be Fiscal Year 2002 Annual Action Plan to provide
received and filed. Seconded by Cline. Motion additional funding for the Grand Opera House to
carried 7-0. create an accessible restroom, presented and
read. Michalski moved that the communication
RESOLUTION NO. 179-02
be received and filed. Seconded by Cline.
ACCEPTING IMPROVEMENT
Motion carried 7-0.
Whereas, the contract for the Dubuque
RESOLUTION NO. 181-02
Regional Airport – Entrance Road
RESOLUTION APPROVING AMENDMENT 3
Reconstruction Project has been completed and
TO THE FISCAL YEAR 2002 (PROGRAM
the City Manager has examined the work and
YEAR 2001) ANNUAL ACTION PLAN FOR
filed his certificate stating that the same has
COMMUNITY DEVELOPMENT BLOCK
been completed according to the terms of the
GRANT FUNDS.
contract, plans and specifications and
recommends its acceptance. Whereas, the City of Dubuque has prepared
NOW THEREFORE, BE IT RESOLVED BY and filed with the U.S. Department of Housing
THE CITY COUNCIL OF THE CITY OF and Urban Development an Annual Action Plan
DUBUQUE, IOWA: for Fiscal Year 2002 (Program Year 2001); and
Section 1. That the recommendation of the
City Manager be approved and that said
Regular Session, April 1, 2002 141
Whereas, the City has previously amended the that the communication be received and filed.
FY 2002 Annual Action Plan on October 1, 2001 Seconded by Cline. Motion carried 7-0.
and November 27, 2001; and
Whereas, the City now desires to amend said Wireless Data Transmission System Upgrade:
FY 2002 Annual Action Plan to allocate funds as City Manager recommending the approval of
per the attached Exhibit A; and Racom Parallel Decode System for upgrading
Whereas, said amendment is a non-the wireless data transmission system used in
substantial amendment as provided in the City's conjunction with the patrol unit computers to
Citizen Participation Plan and must therefore be transmit data to and from the marked patrol
approved by resolution of the City Council after vehicles, presented and read. Michalski moved
review by the Community Development Advisory that the communication be received and filed
Commission; and and approved. Seconded by Cline. Motion
Whereas, the Community Development carried 7-0.
Advisory Commission reviewed the proposed
amendment on February 14, 2002 and March Business Licenses:
14, 2002, and has voted to approve said
RESOLUTION NO. 183-02
amendment and to recommend approval by the
City Council. 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: That the following having complied with the
Section 1. That Amendment #3 to the Fiscal provisions of law relating to the sale of
Year 2002 (Program Year 2001) Annual Action Cigarettes within the City of Dubuque, Iowa, be
Plan for the Community Development Block granted a permit to sell Cigarettes and Cigarette
Grant Program hereto attached as Exhibit A is Papers within said City.
hereby approved. New
Section 2. That the City Manager is hereby MNA Food Mart Sumbal Corp
authorized and directed to submit a copy of this 3200 Central Ave
resolution to the U. S. Department of Housing Passed, approved and adopted this 1st day of
and Urban Development. April, 2002.
Passed, approved and adopted this 1st day of Terrance M. Duggan, Mayor
April, 2002. Attest:Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0.
Michalski moved adoption of the Resolution.
RESOLUTION NO. 184-02
Seconded by Cline. Motion carried 7-0.
BEER
Iowa Community Cultural Grant Program: Whereas, applications for Beer Permits have
Communication of City Manager to the Iowa been submitted and filed to this Council for
Community Cultural Grant Program in support of approval and the same have been examined
the Grand Opera House’s application for an and approved: and
Iowa Community Cultural Grant, presented and Whereas, the premises to be occupied by such
read. Michalski moved that the communication applicants were inspected and found to comply
be received and filed and approved. Seconded with the Ordinances of the City and have filed
by Cline. Motion carried 7-0. proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
Federal Emergency Management Agency: THE CITY COUNCIL OF THE CITY OF
Communication from the Federal Emergency DUBUQUE, IOWA:
Management Agency regarding the City’s That the Manager be authorized to cause to be
application for permits from the Corps of issued the following named applicants a Beer
Engineers related to work in the Ice Harbor area, Permit.
presented and read. Michalski moved that the CLASS “B” BEER PERMIT
communication be received and filed. Seconded DubuqueFest DubuqueFest Special Event+
TH
by Cline. Motion carried 7-0. (Sunday/Outdoor Sales) 260 w 6 St
CLASS “C” BEER PERMIT
Aquila, Inc. / Peoples Natural Gas: Sumbal Corp MNA Food Mart+
Communication from Marv Oppedal, Director of (Sunday Sales) 3200 Central
Community Relations for Aquila, Inc., advising Passed, approved and adopted this 1st day of
that the name of Peoples Natural Gas/Energy April, 2002.
One has changed to Aquila, Inc., effective March Terrance M. Duggan, Mayor
18, 2002, presented and read. Michalski moved Attest: Jeanne F. Schneider, City Clerk
142 Regular Session, April 1, 2002
Michalski moved adoption of the Resolution. circulation published in the City of Dubuque,
Seconded by Cline. Motion carried 7-0. Iowa on the 22nd day of March, 2002, the City
Council of the City of Dubuque, Iowa met on the
st
RESOLUTION NO. 185-02
1 day of April, 2002, at 6:30 p.m. in the Public
Whereas, applications for Liquor Licenses Library Auditorium, 11th and Locust, Dubuque,
have been submitted to this Council for approval Dubuque, County, Iowa to consider the proposal
and the same have been examined and for the sale of real estate described as:
approved; and Lot 5A of Carmel Heights in the City of
Whereas, the premises to be occupied by such Dubuque, Iowa
applicants were inspected and found to comply Whereas, the City Council of the City of
with the State Laws and all City Ordinances Dubuque, Iowa overruled any and all objections,
relevant thereto and they have filed proper oral or written to the proposal to sell such real
bonds. estate, except for easement as noted.
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:
That the Manager be authorized to cause to be Section 1. That the sale of City of Dubuque
issued the following named applicants a Liquor real property described as Lot 5A of Carmel
License. Heights in the City of Dubuque, Iowa to the
CLASS “A” (CLUB) LIQUOR LICENSE Sisters of Charity of the Blessed Virgin Mary be
Dubuque Lodge # 355 Order of Moose and the same is hereby approved for the sum of
Dubuque Lodge # 355+(Sunday Sales) $14,852.88 plus cost of publication, platting and
1166 Main St filing fees. Conveyance shall be by Quit Claim
CLASSC BEER/LIQUOR LICENSE Deed.
@@
Section 2. That the Mayor be authorized and
Marco’s Inc. Marco’s Italian American
directed to execute a Quit Claim Deed, and the
Food 2022 Central Ave
City Clerk be and is hereby authorized and
Dave Robertson Public Bar Inc. The Busted
Lift+ (Sunday Sales) 180 Main St directed to deliver said deed of conveyance to
Tugboat Willys Inc Tugboat Willys+ the Sisters of Charity of the Blessed Virgin Mary
th
(Sunday/Outdoor Sales) 1630 E. 16 St upon receipt of the purchase price in full.
Donna Ginter West Dubuque Tap+ Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
(Sunday Sales) 1701 Asbury Rd
copy of this resolution in the office of the City
Chad Streff Whiskey River+
Assessor, Dubuque County Recorder and
(Sunday Sales) 1064 University
st
Dubuque County Auditor.
Passed, approved and adopted this 1 day of
st
April, 2002. Passed, approved and adopted this 1 day of
Terrance M. Duggan, Mayor April, 2002.
Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
Michalski moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
PUBLIC HEARINGS
Downtown Urban Renewal District: Proof of
Michalski moved that the rules be suspended publication on notice of hearing and City
to allow anyone present to speak. Seconded by Manager recommending adoption of an
Nicholson. Motion carried 7-0. amended and restated Urban Renewal Plan for
the Downtown Urban Renewal District to support
reinvestment efforts in the Upper Main area and
Carmel Drive – Request to Vacate: Proof of
expansion of the tax increment financing area
publication on notice of hearing and City
boundaries for the Downtown Urban Renewal
Manager recommending the disposal of a
District and communication from the Long
portion of Carmel Drive to the Sisters of Charity
Range Planning Advisory Commission
of the Blessed Virgin Mary, presented and read.
Cline moved that the proof be received and filed. supporting the Amended and Restated
Seconded by Nicholson. Motion carried 7-0. Downtown Urban Renewal District, presented
and read. Markham moved that the proof and
RESOLUTION NO. 186-02
communication be received and filed. Seconded
RESOLUTION DISPOSING OF CITY
by Michalski. Motion carried 7-0.
INTEREST IN LOT 5A OF CARMEL HEIGHTS,
Bud Isenhart, 8908 Quail Ridge Road, spoke
DUBUQUE, IOWA
regarding the history of Tax Increment Financing
in the City of Dubuque.
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in Rick Dickinson, Executive Director of the
the Telegraph Herald, a newspaper of general Greater Dubuque Development Corporation,
Regular Session, April 1, 2002 143
spoke in support of the amended Urban School District, and other taxing districts, be
Renewal District. paid to a special fund for payment of principal
Dan LoBianco, Director of Dubuque Main and interest on loans, monies advanced to and
Street Ltd., spoke in support. indebtedness, including bonds issued or to be
issued, incurred by said City in connection with
RESOLUTION NO. 187-02
the amended and restated Urban Renewal Plan
A RESOLUTION APPROVING THE AMENDED
for the Downtown Dubuque Urban Renewal
AND RESTATED URBAN RENEWAL PLAN
District, presented and read.
FOR THE DOWNTOWN DUBUQUE URBAN
RENEWAL DISTRICT.
OFFICIAL PUBLICATION
Whereas, on January 21, 2002, the City
ORDINANCE NO. 26-02
Council of the City of Dubuque, Iowa authorized
AN ORDINANCE AMENDING ORDINANCE
the preparation of an Amended and Restated
NO. 30-82, PROVIDING THAT GENERAL
Urban Renewal Plan (the "Plan") for the
PROPERTY TAXES LEVIED AND
Downtown Dubuque Urban Renewal District
COLLECTED EACH YEAR ON ALL
("District"); and
PROPERTY LOCATED WITHIN THE
Whereas, the City of Dubuque's primary
AMENDED AND RESTATED DOWNTOWN
objective in amending this Plan is to provide
DUBUQUE URBAN RENEWAL DISTRICT OF
opportunities for further redevelopment and
THE CITY OF DUBUQUE, COUNTY OF
reinvestment in the downtown; and
DUBUQUE, STATE OF IOWA, BY AND FOR
Whereas, the Long Range Planning
THE BENEFIT OF THE STATE OF IOWA, CITY
Commission has reviewed the proposed Plan
OF DUBUQUE, COUNTY OF DUBUQUE,
and has found that said document is consistent
DUBUQUE COMMUNITY SCHOOL DISTRICT,
with the Comprehensive Plan for the
AND OTHER TAXING DISTRICTS, BE PAID
development of the City of Dubuque as a whole
TO A SPECIAL FUND FOR PAYMENT OF
and has transmitted its findings to the City
PRINCIPAL AND INTEREST ON LOANS,
Council; and
MONIES ADVANCED TO AND INDEBT-
Whereas, a consultation process has been
EDNESS, INCLUDING BONDS ISSUED OR TO
undertaken with affected taxing entities in
BE ISSUED, INCURRED BY SAID CITY IN
accordance with Chapter 403 of the Code of
CONNECTION WITH THE AMENDED AND
Iowa with no written objections or recommended
RESTATED URBAN RENEWAL PLAN FOR
changes to the Plan received; and
THE DOWNTOWN DUBUQUE URBAN
Whereas, the City Council, in accordance with
RENEWAL DISTRICT
Chapter 403 of the Code of Iowa, has held a
WHEREAS, the City Council of the City of
public hearing on the proposed amended and
Dubuque, Iowa has heretofore, in Ordinance No.
restated Plan after public notice thereof.
30-82, provided for the division of taxes within
NOW, THEREFORE, BE IT RESOLVED BY
the original Downtown Dubuque Urban Renewal
THE CITY COUNCIL OF THE CITY OF
Project, Iowa R-15, described in Resolution No.
DUBUQUE, IOWA:
123-67 adopted on May 18, 1967, pursuant to
Section 1. That the Amended and Restated
Section 403.19 of the Code of Iowa; and
Urban Renewal Plan for the Downtown Dubuque
WHEREAS, the original Downtown Dubuque
Urban Renewal District, attached hereto and
Urban Renewal Project, Iowa R-15,
made reference to herein, be approved.
subsequently was amended by Resolution No.
Section 2. That the City Clerk of the City of
79-71 on March 15, 1971, by Resolution No. 73-
Dubuque, Iowa is hereby authorized and
74 on March 11, 1974, by Resolution No. 107-82
directed to file a certified copy of the Resolution
on May 3, 1982, by Resolution No. 191-84 on
in the office of the Dubuque County Recorder.
June 25, 1984, by Resolution No. 371-93 on
Passed, approved and adopted this 1st day of
December 6, 1993, by Resolution No. 145-94 on
April, 2002.
May 2, 1994, and by Resolution No. 479-97 on
Terrance M. Duggan, Mayor
November 17, 1997, which amendments, among
Attest: Jeanne F. Schneider, City Clerk
other things, added areas referred to as the Old
Markham moved adoption of the Resolution.
Main Subarea and Town Clock Expansion
Seconded by Michalski. Motion carried 7-0.
Subarea to the area of the Downtown Dubuque
Urban Renewal District; and
An Ordinance Amending Ordinance No. 30-82,
WHEREAS, consistent with the foregoing
providing that general property taxes levied and
amendments, Ordinance No. 30-82
collected each year on all property located within
subsequently was amended by Ordinance Nos.
the amended and restated Downtown Dubuque
23-94, 36-94 and 67-97 to provide for the
Urban Renewal District of the City of Dubuque,
division of taxes within the several subareas of
County of Dubuque, State of Iowa, by and for
the amended Downtown Dubuque Urban
the benefit of the State of Iowa, City of Dubuque,
Renewal District; and
County of Dubuque, Dubuque Community
144 Regular Session, April 1, 2002
WHEREAS, pursuant to Resolution No. 287-and parcels located within the area legally
02 approved on April 1, 2002, additional described as follows:
territory now has been added to the Downtown Beginning at the intersection of the south right-
Dubuque Urban Renewal District and an of-way line of Fourth Street with the east right-
Amended and Restated Urban Renewal Plan of-way line of Central Avenue; thence west
approved in respect of the Downtown Dubuque along the south right-of-way line of Fourth Street
Urban Renewal District, as so amended; and to the west right-of-way line of Locust Street;
WHEREAS, indebtedness has been incurred thence south along the west right-of-way line of
by the City, and additional indebtedness is Locust Street to the north right-of-way line of the
anticipated to be incurred in the future, to Locust Street Connector; thence east along the
finance urban renewal project activities north right-of-way line of the Locust Street
undertaken in accordance with the Amended Connector to the west right-of-way line of
and Restated Urban Renewal Plan for the Highways 151/61; thence north along the west
Downtown Dubuque Urban Renewal District, right-of-line of Highways 151/61 to the point of
and the continuing needs of redevelopment beginning.
within the Amended and Restated Downtown (c) Town Clock Expansion Subarea shall
Dubuque Urban Renewal District are such as to mean that portion of the City of Dubuque, Iowa
require the continued application of the described in the Amended and Restated Urban
incremental tax resources of the Amended and Renewal Plan for the Downtown Dubuque Urban
Restated Downtown Dubuque Urban Renewal Renewal District approved by Resolution No.
District; and 479-97 on November 17, 1997, which Town
WHEREAS, the following enactment is Clock Expansion Subarea includes the lots and
necessary to accomplish the objectives parcels located within the area legally described
described in the premises. as follows:
NOW, THEREFORE, BE IT ORDAINED BY South 1/2 of City Lot 167, City Lot 168 and City
THE CITY COUNCIL OF THE CITY OF Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206,
DUBUQUE, IOWA, THAT: 207 and 208, N. 23' of City Lot 263, S. 28.5' of
Ordinance Number 30-82, as amended by City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City
Ordinance Nos. 23-94, 36-94 and 67-97, is Lot 262, N. 1/2 of City Lot 261, all in Section 24,
hereby amended to read as follows: Township 89 North, Range 2 East, 5th P.M.,
Section 1: For purposes of this Ordinance, the Dubuque County, Iowa and any adjoining public
following terms shall have the following right-of-way.
meanings: (d) Upper Main Subarea shall mean that
(a) Original Town Clock Subarea shall mean portion of the City of Dubuque, Iowa described
that portion of the City of Dubuque, Iowa in the Urban Renewal Plan, which Upper Main
described in the Urban Renewal Plan for the Subarea includes the lots and parcels located
Downtown Dubuque Urban Renewal Project, within the area legally described as follows:
Iowa R-15, approved by Resolution No. 123-67 On the North by Fourteenth Street, on the West
on May 18, 1967, which Original Town Clock by Locust Street, on the South by the Town
Subarea includes the lots and parcels located Clock Expansion Subarea and on the East by
within the area now legally described as follows: Central Avenue, including all public rights-of-
Beginning at the intersection of the north right-way.
of-way line of Ninth Street with the east right-of-(e) Amended Project Area shall mean the
way line of Central Avenue; thence south along areas of the City of Dubuque, Iowa included
the east right-of-way line of Central Avenue to its within the Original Town Clock Subarea, the Old
intersection with the south right-of-way line of Main Subarea, the Town Clock Expansion
Fourth Street; thence west along the south right-Subarea and the Upper Main Subarea, each as
of-way line of Fourth Street to its intersection described in this Section.
with the west right-of-way line of Locust Street; (f) Urban Renewal Plan shall mean the
thence north along the west right-of-way line of Amended and Restated Urban Renewal Plan for
Locust Street to its intersection with the north the Downtown Dubuque Urban Renewal District
right-of-way line of Ninth Street; thence east approved by Resolution No. 187-02 on April 1,
along the north right-of-way line of Ninth Street 2002.
to its intersection with the east right-of-way line Section 2: The taxes levied on the taxable
of Central Avenue which is the point of property in the Amended Project Area, legally
beginning described in Section 1 hereof, by and for the
(b) Old Main Subarea shall mean that portion benefit of the State of Iowa, City of Dubuque,
of the City of Dubuque, Iowa described in the County of Dubuque, Dubuque Community
Amended and Restated Urban Renewal Plan for School District, and all other taxing districts from
the Downtown Dubuque Urban Renewal District and after the effective date of this Ordinance
approved by Resolution No. 145-94 on May 2, shall be divided as hereinafter in this Ordinance
1994, which Old Main Subarea includes the lots provided.
Regular Session, April 1, 2002 145
Section 3: As to the Original Town Clock Section 5: Unless or until the total assessed
Subarea, that portion of the taxes which would valuation of the taxable property in the subareas
be produced by the rate at which the tax is of the Amended Project Area exceeds the total
levied each year by or for each of the taxing assessed value of the taxable property in said
districts taxing property in the Original Town subareas shown by the assessment rolls
Clock Subarea upon the total sum of the referred to in Section 3 of this Ordinance, all of
assessed value of the taxable property in the the taxes levied and collected upon the taxable
Original Town Clock Subarea as shown on the property in the Amended Project Area shall be
assessment roll as of January 1, 1966, being the paid into the funds for the respective taxing
assessment roll last equalized prior to the date districts as taxes by or for the taxing districts in
of the initial adoption of the Urban Renewal Plan the same manner as all other property taxes.
for the Downtown Dubuque Urban Renewal Section 6: At such time as the loans, monies
Project, Iowa R-15, shall be allocated to and advanced, bonds and interest thereon and
when collected be paid into the fund for the indebtedness of the City of Dubuque referred to
respective taxing district as taxes by or for said in Section 4 hereof have been paid, all monies
taxing district into which all other property taxes thereafter received from taxes upon the taxable
are paid. The taxes so determined shall be property in the Amended Project Area shall be
referred herein as the "base period taxes" for paid into the funds for the respective taxing
such subarea. districts in the same manner as taxes on all
As to the Old Main Subarea, base period taxes other property.
shall be computed in the same manner using the Section 7: All ordinances or parts of
total assessed value shown on the assessment ordinances in conflict with the provisions of this
roll as of January 1, 1993, being the assessment Ordinance are hereby repealed. The provisions
roll as of January 1 of the calendar year of this Ordinance are intended and shall be
preceding the effective date of Ordinance No. construed so as to continue the division of taxes
23-94. from taxable property in the Original Town Clock
As to the Town Clock Expansion Subarea, Subarea, the Old Main Subarea and the Town
base period taxes shall be computed in the Clock Expansion Subarea under the provisions
same manner using the total assessed value of Section 403.19 of the Code of Iowa, as
shown on the assessment roll as of January 1, authorized in Ordinance Nos. 30-82, 23-94, 36-
1996, being the assessment roll as of January 1 94 and 67-97, and to fully implement the
of the calendar year preceding the effective date provisions of Section 403.19 of the Code of Iowa
of Ordinance No. 67-97. with respect to the division of taxes from
As to the Upper Main Subarea, base period property within the Upper Main Subarea as
taxes shall be computed in the same manner described above. In the event that any provision
using the total assessed value shown on the of this Ordinance shall be determined to be
assessment roll as of January 1, 2001, being the contrary to law it shall not affect other provisions
assessment roll applicable to property in such or application of this Ordinance which shall at all
subarea as of January 1 of the calendar year times be construed to fully invoke the provisions
preceding the effective date of this Ordinance. of Section 403.19 of the Code of Iowa with
Section 4: That portion of the taxes each year reference to the Amended Project Area and the
in excess of the base period taxes for the subareas contained therein.
Amended Project Area, determined for each Section 8: This Ordinance shall be in effect
subarea thereof as provided in Section 3 of this after its final passage, approval and publication
Ordinance, shall be allocated to and when as provided by law.
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collected be paid into the special tax increment Passed and approved this 1 day of April,
fund previously established by the City of 2002.
Dubuque to pay the principal of and interest on Terrance M. Duggan, Mayor
loans, monies advanced to, or indebtedness, Attest: Jeanne F. Schneider, City Clerk
whether funded, refunded, assumed or Published officially in the Telegraph Herald
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otherwise, including bonds issued under newspaper this 8 day of April, 2002.
authority of Section 403.9 or Section 403.12 of Jeanne F. Schneider, City Clerk
the Code of Iowa, incurred by the City of 1t 4/8
Dubuque, Iowa to finance or refinance, in whole Markham moved that the requirement that a
or in part, urban renewal project activities proposed Ordinance be considered and voted
undertaken within the Amended Project Area on for passage at two Council Meetings prior to
pursuant to the Urban Renewal Plan, except that the meeting at which it is to be finally passed be
taxes for the payment of bonds and interest of suspended and further moved final
each taxing district shall be collected against all consideration and passage of the Ordinance.
taxable property within the Amended Project Seconded by Michalski. Motion carried 7-0.
Area without any limitation as hereinabove
provided.
146 Regular Session, April 1, 2002
Chicago Street Sanitary Sewer Extension Jeanne F. Schneider, City Clerk
Connection Fees: Proof of publication on notice 1t 4/8
of hearing and City Manager recommending FINAL CONNECTION FEES
adoption of the connection fees for the Chicago (Only to undeveloped lots and will be applied
Street sanitary sewer extension project, when lot is developed)
presented and read. Buol moved that the proof OWNER and ADDRESS SUBDIVISION and
and communication be received and filed. PARCEL NO. and SANITARY SEWER
Seconded by Nicholson. Motion carried 7-0. CONNECTION FEE
Elmer & Mary Ann Bleile 3860 Chicago St. Lot 2
An Ordinance Establishing a schedule of Blasen Place10-12-186-006 $5,763.06
sewer connection fees for the connection of Elmer & Mary Ann Bleile 3860 Chicago St. Lot 3
property to the Chicago Street Sanitary Sewer Blasen Place – 10-12-186-007 $5,763.06
Extension Project, presented and read. Kirtland & Janet Patters, 3880 Chicago St., Lot 1
Blasen Place – 10-12-186-005 $6,243.31
OFFICIAL PUBLICATION
E.H. & Elizabeth Madison, 3820 Chicago St.,
ORDINANCE NO. 27-02
Lots 479, 480, 480-A, 481, 482, 482-A, 483,
AN ORDINANCE ESTABLISHING A
484, 484-A of North Dubuque Addn., 10-12-
SCHEDULE OF SEWER CONNECTION FEES
187-006 $14,441.27
FOR THE CONNECTION OF PROPERTY TO
Buol moved that the requirement that a
THE CHICAGO STREET SANITARY SEWER
proposed Ordinance be considered and voted
EXTENSION PROJECT
on for passage at two Council Meetings prior to
Whereas, after full consideration of the the meeting at which it is to be finally passed be
schedule of sanitary connection fees proposed suspended and further moved final
to be made for the Chicago Street Sanitary consideration and passage of the Ordinance.
Sewer Extension Project, which schedule of Seconded by Nicholson. Motion carried 7-0.
connection fees was filed in the office of the City
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Clerk on the 27 day of February, 2002; and Oak Street Sanitary Sewer Extension
Whereas, the City Council has determined that Connection Fees: Proof of publication on notice
the amounts shown on said schedule are proper of hearing and City Manager recommending
and are in proportion to the benefits conferred; adoption of the connection fees for the Oak
and Street sanitary sewer extension project,
Whereas, the City Council further finds that the presented and read. Buol moved that the proof
schedule of sewer connection fees for the and communication be received and filed.
Chicago Street Sanitary Sewer Extension Seconded by Markham. Motion carried 7-0.
Project be approved and adopted. Dan Walker, 965 Oak St., spoke in opposition
NOW THEREFORE, BE IT ORDAINED BY to the connection fees.
THE CITY COUNCIL OF THE CITY OF An Ordinance Establishing a schedule of
DUBUQUE, IOWA: sewer connection fees for the connection of
Section 1. There is hereby established a property to the Oak Street Sanitary Sewer
schedule of sewer connection fees the Chicago Extension Project, presented and read.
Street Sanitary Sewer Extension Project for the
OFFICIAL PUBLICATION
connection of property to said City sewer.
ORDINANCE NO. 28-02
Section 2. Each property owner whose
AN ORDINANCE ESTABLISHING A
property will be served by connection to said
SCHEDULE OF SEWER CONNECTION FEES
City sewer shall pay a sewer connection fee to
FOR THE CONNECTION OF PROPERTY TO
the City, as shown on the schedule of sewer
THE OAK STREET SANITARY SEWER
connection fees attached hereto.
EXTENSION PROJECT
Section 3. Such connection fee shall be due
and payable when a sewer connection Whereas, after full consideration of the
application is filed with the City. All fees schedule of sanitary connection fees proposed
collected under this Ordinance shall be paid to to be made for the Oak Street Sanitary Sewer
the City Treasurer. Extension Project, which schedule of connection
Section 4. The City Clerk is hereby authorized fees was filed in the office of the City Clerk on
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and directed to certify a copy of this Ordinance the 27 day of February, 2002; and
for recording in the office of the Dubuque County Whereas, the City Council has determined that
Recorder. the amounts shown on said schedule are proper
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Passed, approved and adopted this 1 day of and are in proportion to the benefits conferred;
April, 2002. and
Terrance M. Duggan, Mayor Whereas, the City Council further finds that the
Attest: Jeanne F. Schneider, City Clerk schedule of sewer connection fees for the Oak
Published officially in the Telegraph Herald Street Sanitary Sewer Extension Project be
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newspaper this 8 day of April, 2002. approved and adopted.
Regular Session, April 1, 2002 147
NOW THEREFORE, BE IT ORDAINED BY for the Miller-Riverview Park Campsite Rewiring
THE CITY COUNCIL OF THE CITY OF Project to Biechler Electric in the amount of
DUBUQUE, IOWA: $66,549.69, presented and read. Cline moved
Section 1. There is hereby established a that the proofs and communication be received
schedule of sewer connection fees the Oak and filed. Seconded by Nicholson. Motion
Street Sanitary Sewer Extension Project for the carried 7-0.
connection of property to said City sewer.
RESOLUTION NO. 188-02
Section 2. Each property owner whose
RESOLUTION ADOPTING
property will be served by connection to said
PLANS AND SPECIFICATIONS
City sewer shall pay a sewer connection fee to
the City, as shown on the schedule of sewer Whereas, on the 4th day of March, 2002,
connection fees attached hereto. plans, specifications, form of contract and
Section 3. Such connection fee shall be due estimated cost were filed with the City Clerk of
and payable when a sewer connection Dubuque, Iowa for the Miller Riverview Park
application is filed with the City. All fees Campsite Re-Wiring Project.
collected under this Ordinance shall be paid to Whereas, notice of hearing on plans,
the City Treasurer. specifications, form of contract, and estimated
Section 4. The City Clerk is hereby authorized cost was published as required by law.
and directed to certify a copy of this Ordinance NOW THEREFORE, BE IT RESOLVED BY
for recording in the office of the Dubuque County THE CITY COUNCIL OF THE CITY OF
Recorder. DUBUQUE, IOWA:
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Passed, approved and adopted this 1 day of That the said plans, specifications, form of
April, 2002. contract and estimated cost are hereby
Terrance M. Duggan, Mayor approved as the plans, specifications, form of
Attest: Jeanne F. Schneider, City Clerk contract and estimated cost for said
Published officially in the Telegraph Herald improvements for said project.
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newspaper this 8 day of April, 2002. Passed, approved and adopted this 1st day of
Jeanne F. Schneider, City Clerk April, 2002.
1t 4/8 Terrance M. Duggan, Mayor
FINAL CONNECTION FEES FOR THE Attest: Jeanne F. Schneider, City Clerk
FOLLOWING Cline moved adoption of the Resolution.
(Only to undeveloped lots and will be applied Seconded by Nicholson. Motion carried 7-0.
when lot is developed)
RESOLUTION NO. 189-02
OWNER and ADDRESS
AWARDING CONTRACT
SANITARY SEWER CONNECTION FEE
John R. & Dianne Holmes, 1005 Oak St., Whereas, sealed proposals have been
$5,104.36 submitted by contractors for the Miller-Riverview
Irene Margaret Hillebrand c/o Thomas, 1320 Park Campsite Re-Wiring Project pursuant to
Garfield (Parcel ID 10-25-376-023) $5,103.51 Resolution No. 125-02, and notice to bidders
Daniel & Kathy Walker, 965 Oak St., $5,318.69 published in a newspaper published in the City
Sylvester & Esther Winner, 925 Oak St., of Dubuque, Iowa, on the 8th day of March,
$5,103.51 2002.
John W. Perry, 14370 N. Cascade Rd. (for Whereas, said sealed proposals were opened
Parcel ID No. 10-25-376-029) $5,103.51 and read on the 21st day of March, 2002, and it
John W. & Tina M. Perry, 14370 N Cascade Rd., has been determined that the bid of Biechler
(for Parcel No. 10-25-376-030) $10,207.86 Electric in the amount of $66,549.69 was the
Ronald T & Ann Marie Kahn, 1040 Rush St. (for lowest bid for the furnishings of all labor and
Parcel No. 10-25-377-006) $5,221.70 materials and performing the work as provided
Buol moved that the requirement that a for in the plans and specifications.
proposed Ordinance be considered and voted NOW THEREFORE, BE IT RESOLVED BY
on for passage at two Council Meetings prior to THE CITY COUNCIL OF THE CITY OF
the meeting at which it is to be finally passed be DUBUQUE, IOWA:
suspended and further moved final That the contract for the above improvement
consideration and passage of the Ordinance. be awarded to BIECHLER ELECTRIC, and the
Seconded by Markham. Motion carried 6-0 with Manager be and is hereby directed to execute a
Mayor Duggan temporarily out of the Chambers. contract on behalf of the City of Dubuque for the
complete performance of the work.
Miller-Riverview Park Campsite Rewiring BE IT FURTHER RESOLVED:
Project: Proofs of publication on notice of That upon the signing of said contract and the
hearing on plans and specifications and notice approval of the contractor's bond, the City
to bidders on the receipt of bids, and City Treasurer is authorized and instructed to return
Manager recommending award of the contract the bid deposits of the unsuccessful bidders.
148 Regular Session, April 1, 2002
Passed, approved and adopted this 1st day of the furnishings of all labor and materials and
April, 2002. performing the work as provided for in the plans
Terrance M. Duggan, Mayor and specifications.
Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF
Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA:
That the contract for the above improvement
Fengler Street Bridge Construction Project: be awarded to Taylor Construction, Inc. and the
Proofs of publication on notice of hearing on Manager be and is hereby directed to execute a
plans and specifications and notice to bidders on contract on behalf of the City of Dubuque for the
the receipt of bids, and City Manager complete performance of the work.
recommending award of the contract for the BE IT FURTHER RESOLVED:
Fengler Street Bridge Construction Project to That upon the signing of said contract and the
Taylor Construction, Inc., in the amount of approval of the contractor's bond, the City
$1,156,824.81, presented and read. Buol moved Treasurer is authorized and instructed to return
that the proof and communication be received the bid deposits of the unsuccessful bidders.
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and filed. Seconded by Cline. Motion carried 7-Passed, approved and adopted this 1 day of
0. April, 2002.
Terrance M. Duggan, Mayor
Sam Weber spoke questioning why no blame Attest: Jeanne F. Schneider, City Clerk
was charged to the railroad for the bridge Buol moved adoption of the Resolution.
deterioration? Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 190-02
Chavenelle Drive Extension Project: Proofs of
RESOLUTION ADOPTING
publication on notice of hearing on plans and
PLANS AND SPECIFICATIONS
specifications and notice to bidders on the
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Whereas, on the 27 day of February, 2002, receipt of bids, and City Manager recommending
plans, specifications, form of contract and award of the contract for the Chavenelle Drive
estimated cost were filed with the City Clerk of Extension Project to Portzen Construction, Inc.,
Dubuque, Iowa for the Fengler Street Bridge in the amount of $538,208.43, presented and
Reconstruction Project. read. Cline moved that the proofs and
Whereas, notice of hearing on plans, communication be received and filed.
specifications, form of contract, and estimated Seconded by Nicholson. Motion carried 7-0.
cost was published as required by law.
RESOLUTION NO. 192-02
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION ADOPTING
THE CITY COUNCIL OF THE CITY OF
PLANS AND SPECIFICATIONS
DUBUQUE, IOWA:
th
That the said plans, specifications, form of Whereas, on the 27 day of February, 2002,
contract and estimated cost are hereby plans, specifications, form of contract and
approved as the plans, specifications, form of estimated cost were filed with the City Clerk of
contract and estimated cost for said Dubuque, Iowa for the Chavenelle Drive
improvements for said project. Extension Project.
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Passed, adopted and approved this 1 day of Whereas, notice of hearing on plans,
April, 2002. specifications, form of contract, and estimated
Terrance M. Duggan, Mayor cost was published as required by law.
Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF
Seconded by Cline. Motion carried 7-0. DUBUQUE, IOWA:
That the said plans, specifications, form of
RESOLUTION NO. 191-02
contract and estimated cost are hereby
AWARDING CONTRACT
approved as the plans, specifications, form of
Whereas, sealed proposals have been contract and estimated cost for said
submitted by contractors for the Fengler Street improvements for said project.
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Bridge Reconstruction Project pursuant to Passed, adopted and approved this 1 day of
Resolution No. 136-02 and notice to bidders April, 2002.
published in a newspaper published in the City Terrance M. Duggan, Mayor
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of Dubuque, Iowa on the 8 day of March, 2002. Attest: Jeanne F. Schneider, City Clerk
Whereas, said sealed proposals were opened Cline moved adoption of the Resolution.
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and read on the 20 day of March, 2002, and it Seconded by Nicholson. Motion carried 7-0.
has been determined that the bid of Taylor
RESOLUTION NO. 193-02
Construction, Inc. of New Vienna, Iowa, in the
AWARDING CONTRACT
amount of $1,156,824.81 was the lowest bid for
Regular Session, April 1, 2002 149
Whereas, sealed proposals have been Passed, approved and adopted this 1st day of
submitted by contractors for the Chavenelle April, 2002.
Drive Extension Project pursuant to Resolution Terrance M. Duggan, Mayor
No. 139-02 and notice to bidders published in a Attest: Jeanne F. Schneider, City Clerk
newspaper published in the City of Dubuque,
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Iowa on the 8 day of March, 2002. Buol moved adoption of the Resolution.
Whereas, said sealed proposals were opened Seconded by Cline. Motion carried 7-0.
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and read on the 21 day of March, 2002, and it
RESOLUTION NO. 195-02
has been determined that the bid of Portzen
FIXING DATE OF HEARING
Construction, Inc. of Dubuque, Iowa, in the
ON PLANS AND SPECIFICATIONS
amount of $538,208.43 was the lowest bid for
the furnishings of all labor and materials and Whereas, the City Council of the City of
performing the work as provided for in the plans Dubuque, Iowa has given its preliminary
and specifications. approval on the proposed plans, specifications,
NOW THEREFORE, BE IT RESOLVED BY and form of contract and placed same on file in
THE CITY COUNCIL OF THE CITY OF the office of the City Clerk for public inspection
DUBUQUE, IOWA: of the Five Flags Arena – Paint Ceiling and
That the contract for the above improvement Walls Project.
be awarded to Portzen Construction, Inc., NOW, THEREFORE, BE IT RESOLVED, BY
subject to the concurrence with the Iowa THE CITY COUNCIL OF THE CITY OF
Department of Transportation, and the Manager DUBUQUE, IOWA, that on the 6th day of May,
be and is hereby directed to execute a contract 2002, a public hearing will be held at 6:30 p.m.
on behalf of the City of Dubuque for the in the Public Library Auditorium, at which time
complete performance of the work. interested persons may appear and be heard for
BE IT FURTHER RESOLVED: or against the proposed plans and
That upon the signing of said contract and the specifications, form of contract and cost of said
approval of the contractor's bond, the City improvement, and the City Clerk be and is
Treasurer is authorized and instructed to return hereby directed to cause a notice of time and
the bid deposits of the unsuccessful bidders. place of such hearing to be published in a
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Passed, approved and adopted this 1 day of newspaper having general circulation in the City
April, 2002. of Dubuque, Iowa, which notice shall be not less
Terrance M. Duggan, Mayor than four days nor more than twenty days prior
Attest: Jeanne F. Schneider, City Clerk to the day fixed for its consideration. At the
Cline moved adoption of the Resolution. hearing, any interested person may appear and
Seconded by Nicholson. Motion carried 7-0. file objections to the proposed plans,
specifications, contract, or estimated cost of the
Michalski moved that the rules be reinstated improvement.
limiting discussion to the Council. Seconded by Passed, approved and adopted this 1st day of
Connors. Motion carried 7-0. April, 2002.
Terrance M. Duggan, Mayor
ITEMS TO BE SET FOR PUBLIC HEARING Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Five Flags Arena – Paint Ceiling and Walls – Seconded by Cline. Motion carried 7-0.
Initiate: City Manager recommending initiation
RESOLUTION NO. 196-02
of the bidding process for the Five Flags Arena –
ORDERING BIDS
Paint Ceiling and Walls Project and setting a
public hearing for May 6, 2002, presented and BE IT RESOLVED BY THE COUNCIL OF
read. Buol moved that the communication be THE CITY OF DUBUQUE, IOWA:
received and filed. Seconded by Cline. Motion That the Five Flags Arena – Paint Ceiling and
carried 7-0. Walls Project is hereby ordered to be advertised
for bids for construction.
RESOLUTION NO. 194-02
BE IT FURTHER RESOLVED, that the amount
PRELIMINARY APPROVAL OF
of the security to accompany each bid shall be in
PLANS AND SPECIFICATIONS
an amount which shall conform to the provisions
BE IT RESOLVED BY THE CITY COUNCIL of the notice to bidders hereby approved as a
OF THE CITY OF DUBUQUE, IOWA: part of the plans and specifications heretofore
That the proposed plans, specifications, form adopted.
of contract and estimated cost for the Five Flags That the City Clerk is hereby directed to
Arena – Paint Ceiling and Walls Project, in the advertise for bids for the construction of the
estimated amount of $210.000, are hereby improvements herein provided, to be published
approved and ordered filed in the office of the in a newspaper having general circulation in the
City Clerk, for public inspection. City of Dubuque, Iowa, which notice shall not be
150 Regular Session, April 1, 2002
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 25th day of April, 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 6th day of May, 2002. than twenty days prior to the day fixed for its
Passed, approved and adopted this 1st day of consideration. At the hearing, any interested
April, 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.
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Buol moved adoption of the Resolution. Passed, adopted and approved this 1 day of
Seconded by Cline. Motion carried 7-0. April, 2002.
Terrance M. Duggan, Mayor
John F. Kennedy Road Reconstruction Project Attest: Jeanne F. Schneider, City Clerk
(at the Northwest Arterial) – Initiate: City Buol moved adoption of the Resolution.
Manager recommending initiation of the bidding Seconded by Cline. Motion carried 7-0.
process for the John F. Kennedy Road
RESOLUTION NO. 199-02
Reconstruction Project, at the Northwest
RESOLUTION OF NECESSITY
Arterial, and setting public hearings for April 15,
2002 on the plans and specifications and for Whereas, proposed plans have been duly
May 6, 2002 on the Resolution of Necessity, prepared and approved by the City Council of
presented and read. Buol moved that the the City of Dubuque and are now on file in the
communication be received and filed. Seconded office of City Clerk showing among other things
by Cline. Motion carried 7-0. the plans, specifications, form of contract,
estimated cost and preliminary plat and
RESOLUTION NO. 197-02
schedule showing the amount proposed to be
PRELIMINARY APPROVAL OF
assessed against each lot and the valuation of
PLANS AND SPECIFICATIONS
each lot as filed by the City Council, for the John
NOW THEREFORE, BE IT RESOLVED BY F. Kennedy Reconstruction Project.
THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
That the proposed plans, specifications, form DUBUQUE, IOWA:
of contract and estimated cost for the John F. That the City Council deems it advisable and
Kennedy Reconstruction Project in the necessary for the public welfare to make the
estimated amount of $1,300,142.54, are hereby herein mentioned improvements, and unless
approved and ordered filed in the office of the property owners at the time of the final
City Clerk for public inspection. consideration of this proposed resolution have
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Passed, adopted and approved this 1 day of on file with the City Clerk objections to the
April, 2002. resolution of necessity, they shall be deemed to
Terrance M. Duggan, Mayor have waived all objections pertaining to the
Attest: Jeanne F. Schneider, City Clerk regularity of the proceeding and the legality of
Buol moved adoption of the Resolution. using the special assessment procedure.
Seconded by Cline. Motion carried 7-0. Said improvements shall be constructed and
done in accordance with the plans and
RESOLUTION NO. 198-02
specifications which have been approved by the
FIXING DATE OF HEARING
City Council and now on file with the City Clerk.
ON PLANS AND SPECIFICATIONS
That the cost and expense of making such
Whereas, the City Council of the City of improvement will be assessed partially or totally
Dubuque, Iowa has given its preliminary against privately owned property lying with the
approval on the proposed plans, specifications, assessment limits, and in an amount not to
and form of contract and placed same on file in exceed that provided by law, and in proportion to
the office of the City Clerk for public inspection the special benefits conferred.
of the John F. Kennedy Reconstruction Project. The portion of the cost which shall be borne by
NOW THEREFORE, BE IT RESOLVED BY the City will be paid from the Street Construction
THE CITY COUNCIL OF THE CITY OF Fund and the Watermain Construction Fund,
DUBUQUE, IOWA: and special assessment bonds may be issued in
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That on the 15 day of April, 2002, a public anticipation of deferred payments of
hearing will be held at 6:30 p.m. in the Public assessments when a contract has been
Library Auditorium at which time interested performed and accepted, and the proceeds
persons may appear and be heard for or against thereof used to pay the contractor.
the proposed plans and specifications, form of
contract and cost of said improvement, and the
Regular Session, April 1, 2002 151
The above resolution was introduced, NOW THEREFORE,BE IT RESOLVED BY
approved and ordered placed on file with the THE CITY COUNCIL OF THE CITY OF
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City Clerk this 1 day of April, 2002. DUBUQUE, IOWA:
Approved and placed on file for final action. That the attached sheets, 1 to 1 inclusive, are
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Passed, adopted and approved this 1 day of hereby determined to be the schedule of
April, 2002. proposed assessments for the John F. Kennedy
Terrance M. Duggan, Mayor Reconstruction Project and the valuations set
Attest: Jeanne F. Schneider, City Clerk out herein are hereby approved.
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Buol moved adoption of the Resolution. Passed, adopted and approved this 1 day of
Seconded by Cline. Motion carried 7-0. April, 2002.
Terrance M. Duggan, Mayor
RESOLUTION NO. 200-02
Attest: Jeanne F. Schneider, City Clerk
FIXING DATE OF HEARING
Buol moved adoption of the Resolution.
ON RESOLUTION OF NECESSITY
Seconded by Cline. Motion carried 7-0.
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary City Hall Remodeling Project (First Floor
approval on the proposed plans, specifications Ceiling) – Initiate: City Manager recommending
and form of contract and placed same on file in initiation of the bidding process for the City Hall
the office of the City Clerk for public inspection, Remodeling Project (First Floor Ceiling) and
for the John F. Kennedy Reconstruction Project; setting a public hearing for May 6, 2002,
and, presented and read. Buol moved that the
Whereas, the proposed Resolution of communication be received and filed. Seconded
Necessity for said improvement has been by Cline. Motion carried 7-0.
introduced and is now on file in the City Clerk's
RESOLUTION NO. 202–02
office for public inspection.
PRELIMINARY APPROVAL OF
NOW THEREFORE, BE IT RESOLVED BY
PLANS AND SPECIFICATIONS
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY
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That on the 6 day of May, 2002, a public THE CITY COUNCIL OF THE CITY OF
hearing will be held at 6:30 o'clock p.m. in the DUBUQUE, IOWA:
Public Library Auditorium in the City of Dubuque That the proposed plans, specifications, form
at which time the owners of property subject to of contract and estimated cost for the City Hall
assessment for the proposed improvement or Remodeling Project - First Floor Ceiling, in the
any other person having an interest in the matter estimated amount of $77,707.50, are hereby
may appear and be heard for or against the approved and ordered filed in the office of the
making of the improvement, the boundaries of City Clerk for public inspection.
the district, the cost, the assessment against any Passed, approved and adopted this 1st day of
lot, or the final adoption of a resolution of April, 2002.
necessity and the City Clerk be and is hereby Terrance M. Duggan, Mayor
authorized and directed to cause a notice of time Attest: Jeanne F. Schneider, City Clerk
and place of such hearing to be published in a Buol moved adoption of the Resolution.
newspaper having general circulation in the City Seconded by Cline. Motion carried 7-0.
of Dubuque, Iowa, which notice shall be
RESOLUTION NO. 203-02
published once each week for two consecutive
FIXING DATE OF HEARING
weeks, the first publication of which shall be not
ON PLANS AND SPECIFICATIONS
less than ten days prior to the day fixed for its
consideration. Unless property owners at the Whereas, the City Council of the City of
time of the final consideration of this proposed Dubuque, Iowa has given its preliminary
resolution have on file with the City Clerk approval on the proposed plans, specifications,
objections to the Resolution of Necessity they and form of contract and placed same on file in
shall be deemed to have waived all objections the office of the City Clerk for public inspection
thereto. of the City Hall Remodeling Project - First Floor
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Passed, adopted and approved this 1 day of Ceiling.
April, 2002. NOW THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF
Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA:
Buol moved adoption of the Resolution. That on the 6th day of May, 2002, a public
Seconded by Cline. Motion carried 7-0. hearing will be held at 6:30 p.m. in the Public
Library Auditorium at which time interested
RESOLUTION NO. 201-02
persons may appear and be heard for or against
RESOLUTION APPROVING PRELIMINARY
the proposed plans and specifications, form of
SCHEDULE OF ASSESSMENTS
contract and cost of said improvement, and the
152 Regular Session, April 1, 2002
RESOLUTION NO. 182-02
City Clerk be and is hereby directed to cause a
A RESOLUTION SETTING A PUBLIC
notice of time and place of such hearing to be
HEARING ON A PROPOSAL TO AMEND CITY
published in a newspaper having general
OF DUBUQUE ORDINANCE 82-2000
circulation in the City of Dubuque, Iowa, which
ESTABLISHING THE GARFIELD PLACE
notice shall be not less than four days nor more
URBAN REVITALIZATION AREA AS AN
than twenty days prior to the day fixed for its
URBAN REVITALIZATION AREA PURSUANT
consideration. At the hearing, any interested
TO CHAPTER 404 OF THE CODE OF IOWA
person may appear and file objections to the .
proposed plans, specifications, contract, or Whereas, the City of Dubuque Ordinance No.
estimated cost of the improvement. 82-2000 established the Garfield Place Urban
st
Passed, approved and adopted this 1 day of Revitalization Area; and
April, 2002. Whereas, a 19 room single room occupancy
Terrance M. Duggan, Mayor (SRO) has been constructed at 511 Garfield in
Attest: Jeanne F. Schneider, City Clerk the Garfield Place Urban Revitalization Area;
Buol moved adoption of the Resolution. and
Seconded by Cline. Motion carried 7-0. Whereas, due to the request by Davis Place
LLC, owner, to extend the district and construct
RESOLUTION NO. 204-02
another 19 room single room occupancy (SRO),
ORDERING BIDS
an amendment to the Garfield Place Urban
NOW THEREFORE, BE IT RESOLVED BY Revitalization Area Plan is necessary; and
THE COUNCIL OF THE CITY OF DUBUQUE, Whereas, the area proposed for the amended
IOWA: and restated designation under the Urban
That the City Hall Remodeling Project - First Revitalization Act is an economic development
Floor Ceiling is hereby ordered to be advertised area appropriate for housing and residential
for bids for construction. development as defined by Section 403.17 of
BE IT FURTHER RESOLVED, that the amount the Iowa Code; and
of the security to accompany each bid shall be in Whereas, Chapter 404 of the Code of Iowa
an amount which shall conform to the provisions provides that a public hearing shall be held on
of the notice to bidders hereby approved as a any proposed amendment of an Urban
part of the plans and specifications heretofore Revitalization Area Plan.
adopted. NOW, THEREFORE, BE IT RESOLVED BY
That the City Clerk is hereby directed to THE CITY COUNCIL OF THE CITY OF
advertise for bids for the construction of the DUBUQUE, IOWA:
improvements herein provided, to be published Section 1. That the rehabilitation,
in a newspaper having general circulation in the redevelopment and economic development of
City of Dubuque, Iowa, which notice shall not be the hereinafter described area is found to be
less than four days nor more than forty-five days necessary in the interest of the public health,
prior to the receipt of said bids at 2:00 p.m. on safety and welfare of the residents of the City, to
th
the 25 day of April, 2002. Bids shall be opened wit:
and read by the City Clerk at said time and will Lot 2 and Lot 3 of Davis Place II in the City of
be submitted to the Council for final action at Dubuque, Iowa, commonly known as 511 and
th
6:30 p.m. on the 6 day of May, 2002. 513 Garfield Avenue.
st
Passed, approved and adopted this 1 day of Section 2. That the Amended and Restated
April, 2002. Garfield Place Urban Revitalization Area Plan as
Terrance M. Duggan, Mayor proposed meets the eligibility criteria of Chapter
Attest: Jeanne F. Schneider, City Clerk 404.1 of the Code of Iowa, 2001.
Buol moved adoption of the Resolution. Section 3. That the proposed Amended and
Seconded by Cline. Motion carried 7-0. Restated Garfield Place Urban Revitalization
Area Plan attached hereto, shall be a matter of
Amended and Restated Garfield Place Urban record and shall be available for pubic
Revitalization Area Plan: City Manager inspection in the office of the City Clerk at City
th
recommending that a public hearing be set for Hall, 50 West 13 Street, Dubuque, Iowa.
May 6, 2002 to consider an amended and Section 4. That the City is authorized and
restated Garfield Place Urban Revitalization directed to submit the Amended and Restated
Area Plan that would add an adjoining lot to Garfield Place Urban Revitalization Area Plan to
allow property tax exemption for a proposed the City’s Long Range Planning Advisory
single-room occupancy (SRO) facility at 513 Commission for review and comment; and
Garfield Avenue and extend the duration of the Section 5. That the City Clerk is directed to
plan, presented and read. Buol moved that the publish notice of a public hearing on the
communication be received and filed. Seconded Amended and Restated Garfield Place Urban
by Cline. Motion carried 7-0. Revitalization Area Plan to be held on May 6,
2002 at 6:30 p.m. in the Carnegie Stout Library
Regular Session, April 1, 2002 153
th
Auditorium, 360 West 11 Street, Dubuque,
Iowa 52001; and
Section 6. That the owners of record and Approved:__________________________2002
tenants living with the proposed area will be
notified by the thirtieth day prior to the public Adopted:___________________________2002
hearing.
Passed, approved and adopted this 1st day of
April, 2002. ______________________________________
Terrance M. Duggan, Mayor Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. ______________________________________
Seconded by Cline. Motion carried 7-0.
______________________________________
At 7:19 P.M. Buol moved to go into Closed
Session re: Property Acquisition – Chapter ______________________________________
21.5(1)(j) 2001 Code of Iowa. Seconded by
Cline. Motion carried 7-0. ______________________________________
At 7:49 Council reconvened stating proper ______________________________________
direction had been given to Staff.
______________________________________
There being no further business, Buol moved Council Members
to adjourn. Seconded by Cline. Motion carried
7-0. The meeting adjourned at 7:50 P.M. Attest:
/s/ Jeanne F. Schneider, CMC ______________________________________
City Clerk City Clerk
1t 4/10
154 Special Session, April 15, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
April 15, 2002, at 4:45 P.M. Council met for
Approved:__________________________2002
dinner in the Library Rotunda.
City Council, Special Session, April 15, 2002
Adopted:___________________________2002
Council met in Special Session at 5:27 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
______________________________________
Buol, Cline, Connors, Markham, Nicholson, City
Mayor
Manager Michael Van Milligen, Corporation
Counsel Barry Lindahl.
______________________________________
Absent: Council Member Michalski.
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing Historic Preservation
Architectural Guidelines.
______________________________________
Terry Mozena, Chair of the Historic
______________________________________
Preservation Commission, and Chris Morris of
the Durrant Group, Inc., both spoke giving a
______________________________________
presentation on the guidelines.
Council Members
There being no further business, Buol moved
Attest:
to adjourn. Seconded by Cline. Motion carried
6-0. The meeting adjourned at 6:04 P.M.
______________________________________
City Clerk
/s/ Jeanne F. Schneider, CMC
City Clerk
4/24
Regular Session, April 15, 2002 155
DUBUQUE
undetermined amount for personal injury; Joe
Ungs in estimated amount of $93.46 for vehicle
CITY COUNCIL
damage, presented and read. Buol moved that
OFFICIAL
the claims and suits be referred to the Legal
PROCEEDINGS
Department for investigation and report.
Seconded by Nicholson. Motion carried 7-0.
City Council, Regular Session, April 15, 2002
Corporation Counsel advising that the
Council met in Regular Session at 6:30 P.M. in
following claims have been referred to Public
the Library Auditorium
Entity Risk Services of Iowa, the agent for the
Present: Mayor Duggan, Council Members
Iowa Communities Assurance Pool: Rick
Buol, Cline, Connors, Markham, Michalski,
Fassbinder for property damage; David M. Foley
Nicholson, City Manager Michael Van Milligen,
for vehicle damage; Connie Shelsky for personal
Corporation Counsel Barry Lindahl.
injury, presented and read. Buol moved that
the communications be received and filed and
Mayor Duggan read the call and stated this is
concurred. Seconded by Nicholson. Motion
the regular session of the City Council called for
carried 7-0.
the purpose of acting upon such business which
may properly come before the City Council.
Corporation Counsel recommending
settlement of the claims of Carla Kipper in the
Invocation was given by Reverend Judy
amount of $85.44 for vehicle damage and
Wadding, Pastor, Sherrill United Methodist
Bernard Weber in the amount of $12.99 for
Church and Chaplain, Hillcrest Family Services.
property damage, presented and read. Buol
moved that the communication be received and
PROCLAMATIONS: Library Week – April 14–
filed and concurred. Seconded by Nicholson.
20, 2002 received by Library Director Susan
Motion carried 7-0.
Henricks; Volunteer Recognition Week – April
21–27, 2002 received by Library Volunteer
Historic Preservation Commission: Pamela
Coordinator Michelle Hellmer; Arbor Day – April
Bradford submitting her resignation from the
28, 2002 received by City Forester Steve
Historic Preservation Commission, presented
Pregler.
and read. Cline moved that the communication
be received and filed and accepted with regret.
CONSENT ITEMS
Seconded by Markham. Motion carried 7-0.
Council Member Cline voiced sincere
Minutes Submitted: City Council of 4/1;
appreciation for all that Pamela Bradford has
Historic Preservation Commission of 3/21;
contributed while on that Commission and in that
Human Rights Commission of 3/11; Library
neighborhood.
Board of 1/24 and 2/28; Zoning Advisory
Commission of 4/3; Zoning Board of Adjustment
Citizen Communication: Deborah DeVenuta
of 3/28, presented and read. Buol moved that
appealing the denial of her claim against the City
the minutes be received and filed. Seconded by
for vehicle damage, presented and read. Buol
Nicholson. Motion carried 7-0.
moved that the communication be received and
Finance Director submitting the Financial
filed and referred to the City Manager.
Reports for the month ending March 31, 2002,
Seconded by Nicholson. Motion carried 7-0.
presented and read. Buol moved that the
communication be received and filed. Seconded
Legislative Issues: Communication of City
by Nicholson. Motion carried 7-0.
Manager Michael C. Van Milligen to area
Proof of publication of Council Proceedings of
legislators regarding the importance of tax
3/18/02, presented and read. Buol moved that
increment financing in its current form to Iowa
the proof be received and filed. Seconded by
communities, presented and read. Buol moved
Nicholson. Motion carried 7-0.
that the communication be received and filed
Substance Abuse Services Center Third
and approved recommendation. Seconded by
Quarter Report for Fiscal Year 2002, presented
Nicholson. Motion carried 7-0.
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Communication of City Manager Michael C.
Motion carried 7-0.
Van Milligen to area legislators urging them to
vote against any amendment that would shift
Notice of Claims/Suits: Rick Biedermann in
Road Use Tax Funds to the General Fund (SF
estimated amount of $175.91 for vehicle
2326), presented and read. Buol moved that
damage; Rick and Jean Fassbinder in estimated
the communication be received and filed and
amount of $650.11 for property damage; David
approved recommendation. Seconded by
and Robin Foley in estimated amount of $778.28
Nicholson. Motion carried 7-0.
for vehicle damage; Connie Shelsky in
156 Regular Session, April 15, 2002
2002 – 2003 Deer Management Plan: Kirchoff Family Realty, presented and read.
Environmental Stewardship Advisory Buol moved that the communication be received
Commission recommending continuation of the and filed. Seconded by Nicholson. Motion
deer management program for the 2002 – 2003 carried 7-0.
hunting season and that the plan be forwarded
to the Iowa Department of Natural Resources Mt. Carmel Sanitary Sewer Extension – Final
Commission for their approval, presented and Schedule of Assessments: City Manager
read. Buol moved that the communication be recommending approval of the final schedule of
received and filed. Seconded by Nicholson. assessments for the Mt. Carmel Sanitary Sewer
Motion carried 7-0. Extension Project, presented and read. Buol
moved that the communication be received and
RESOLUTION NO. 205-02
filed. Seconded by Nicholson. Motion carried 7-
A RESOLUTION APPROVING
0.
THE DEER MANAGEMENT PLAN.
RESOLUTION NO. 206-02
Whereas, the City of Dubuque and the Iowa
A RESOLUTION ADOPTING THE FINAL
Department of Natural Resources conducts an
ASSESSMENT SCHEDULE FOR THE MT.
aerial survey indicating an overpopulation of
CARMEL SANITARY SEWER EXTENSION
deer in the city of Dubuque; and
PROJECT INCLUDING CERTAIN
Whereas, the City of Dubuque wishes to limit
INFORMATION REQUIRED BY THE CODE OF
the deer population to below 20 deer per square
IOWA, SPECIFICALLY, THE NUMBER OF
mile and provide public education regarding
ANNUAL INSTALLMENTS INTO WHICH
deer, their habitats, impact on natural habitats,
ASSESSMENTS ARE DIVIDED, THE
deterrents, and population management; and
INTEREST OF ALL UNPAID INSTALLMENTS,
Whereas, the City of Dubuque Environmental
THE TIME WHEN THE ASSESSMENTS ARE
Stewardship Advisory Commission has
PAYABLE AND DIRECTING THE CLERK TO
researched the urban deer situation in the city of
CERTIFY THE FINAL SCHEDULE AND TO
Dubuque and developed a recommended deer
PUBLISH NOTICE THEREOF
management plan; and
Whereas, the City Council of the City of NOW THEREFORE, BE IT RESOLVED BY
Dubuque desires to implement the deer THE CITY COUNCIL OF THE CITY OF
management plan, attached hereto, for the DUBUQUE, IOWA:
2002-2003 Iowa Department of Natural That after full consideration of the final
Resources hunting season schedule of assessments and accompanying
NOW, THEREFORE, BE IT RESOLVED BY plat showing the assessments proposed to be
THE CITY COUNCIL OF THE CITY OF made for the construction of the Mt. Carmel
DUBUQUE, IOWA: Sanitary Sewer Extension Project under contract
Section 1. That the City of Dubuque, Iowa, with Connolly Construction, Inc. of Peosta, Iowa,
hereby requests the Iowa Department of Natural which final plat and schedule were filed in the
th
Resources to approve and grant authority to office of the City Clerk on the 11 day of April,
implement the deer management plan attached 2002, the said schedule of assessments be and
hereto for bow hunting deer in the city of the same is hereby approved and adopted.
Dubuque, Iowa during the 2002-2003 deer That there be, and is hereby assessed and
hunting season. levied as a special tax against and upon each of
Section 2. The City of Dubuque will require an the lots, the respective sums indicated.
Iowa Department of Natural Resources deer Provided, further, that the amounts shown in
license and a City permit for hunters to harvest said final schedule of assessments as
deer within the city of Dubuque, Iowa. deficiencies are found to be proper and levied
Passed, approved and adopted this15th day of conditionally against the respective properties
April, 2002. benefited by the improvements as shown in the
Terrance M. Duggan, Mayor schedule, subject to the provisions of Section
Attest: Jeanne F. Schneider, City Clerk 384.63 of the Code of Iowa. Said assessments
Buol moved adoption of the Resolution. against said lots are hereby declared to be in
proportion to the special benefits conferred and
Seconded by Nicholson. Motion carried 7-0.
not in excess of twenty-five percent of the value
of same.
Greater Dubuque Development Corporation /
That the City Clerk be and is hereby directed
Kirchoff Family Realty Rezoning:
to certify said schedule to the County Treasurer
Communication from Eugene Bird, Jr.,
of Dubuque County, Iowa, and to publish notice
Chairperson of the Zoning Advisory
of said certification once each week for two
Commission, correcting the vote of the Zoning
consecutive weeks in the manner provided in
Advisory Commission on the rezoning request of
Section 362.3, the first publication of which shall
Greater Dubuque Development Corporation /
be not more than fifteen days from the date of
Regular Session, April 15, 2002 157
filing of the final schedule. On or before the date St. Sub. 2-1-1, Lot 2 Sub 1-2-1, Lot 2 Sub 2-
of the second publication of the notice, the City 2-M.L. 38 11-31-151-005 $7,669.47
Clerk shall also mail a copy of said notice to Robert & Linda L. Lottes 840 Mt. Carmel St.
property owners whose property is subject to 2-1-1-1-1-1-1-5, 2-2-2-1 Linheins
assessment, as provided and directed in Section Subdivision & M.L. 38 11-31-151-006
384.60 of the Code of Iowa. $5,677.71
That assessments may be paid in full or in part Robert Scott & Sandra Cairns 850 Mt. Carmel
without interest at the office of the County St. 1-1-1-1-1-1-1-5 Linheins Subdivision 11-
Treasurer, at any time within 30 days after the 31-151-007 $0.00
date of the first publication of this notice of the Andrew J. Butler 898 Mt. Carmel St. 2-1-1-1-
filing of the final schedule of assessments with 1-1-5 Linheins Subdivision 11-31-151-008
the County Treasurer. After 30 days unpaid $0.00
assessments of $50.00 or more are payable in Andrew J. Butler 890 Mt. Carmel St. 2-1-1-1-
10 annual installments and will draw annual 5, 2-1-1-1-8, 2-2-8, 2-1-8, 15 Linheins
interest at nine (9) percent (commencing on the Subdivision 11-31-151-012 $0.00
date of acceptance of the work) computed to the Roger A. Jr. & Lisa Ott 896 Mt. Carmel St.
December 1 next following the due dates of the 1&2, N 110' of 7, 1&2-14, 2-13, 2-S207' of 6,
respective installments as provided in Section 2-5, 1-2-8 Linheins Subdivision 11-31-151-
384.65 of the Code of Iowa. Each installment 013 $10,890.65
will be delinquent from October 1 following its Buol moved adoption of the Resolution.
due date on July 1 of each year. Property
Seconded by Nicholson. Motion carried 7-0.
owners may elect to pay any annual installments
semiannually in advance.
Algona Street Reconstruction – Acceptance:
th
Passed, adopted and approved this 15 day of
City Manager recommending acceptance of the
April, 2002.
Algona Street Reconstruction Project in the final
Terrance M. Duggan, Mayor
contract amount of $631,864.21 and adoption of
Attest: Jeanne F. Schneider, City Clerk
the preliminary schedule of final assessments,
CITY OF DUBUQUE, IOWA
presented and read. Buol moved that the
MT. CARMEL STREET SANITARY SEWER
communication be received and filed. Seconded
SCHEDULE OF VALUATION AND FINAL
by Nicholson. Motion carried 7-0.
ASSESSMENTS
The following schedule is hereby determined
RESOLUTION NO. 207-02
to show each lot proposed to be assessed for
ACCEPTING IMPROVEMENT
the improvement shown in the title together with
Whereas, the contract for the Algona Street
the amount proposed to be assessed against
Reconstruction Project has been completed and
each lot and the valuations shown opposite each
the City Manager has examined the work and
lot are hereby fixed as true valuations of such
filed his certificate stating that the same has
lots by the city council of the City of Dubuque,
been completed according to the terms of the
Iowa.
contract, plans and specifications and
OWNER ADDRESS LOT DESCRIPTION
recommends its acceptance.
LEGAL TOTAL NET ASSESSMENT
NOW THEREFORE, BE IT RESOLVED BY
Gordon E. & Carol A. Mills 755 Mt. Carmel St.
THE CITY COUNCIL OF THE CITY OF
1-2-2-2-1-2, 2-2-1-1 Laurel Place 10-36-
DUBUQUE, IOWA:
277-014 $11,504.20
Section 1. That the recommendation of the
John L. & Janet B Felderman 757 Mt. Carmel
City Manager be approved and that said
St. 1-2-2 Laurel Place 10-36-277-015
improvement be and the same is hereby
$9,586.84
accepted.
Laurie Polubinsky 777 Mt. Carmel St. 2-2-2
BE IT FURTHER RESOLVED that the City
Laurel Place 10-36-277-016 $9,586.84
Treasurer be and he is hereby directed to pay to
Mark C. Falb 770 Mt. Carmel St. 1-1-1-1-1
the contractor from the Road Use Tax Fund,
2-1 & 1-1-1-1-2-1-1 M.L.38 11-31-151-001
Watermain Extension Fund, and the Sanitary
$2,684.31
Sewer Construction Fund, and in amount equal
Mark C. Falb 770 Mt. Carmel St. 2-1-1-1-1-
to the amount of this contract, less any retained
2-1 & 2-1-1-1-2-1-1 M.L. 38 11-31-151-002
percentage provided for therein.
$14,282.39
th
Passed, approved and adopted this 15 day of
Robert J. & Ruth A. Kehl 4963 Mesa Drive
April, 2002.
Lot 2 Sub. 1-1-2-1-1, Sub. 1-1-1-2-1, Lot 2
Terrance M. Duggan, Mayor
M.L. 38 11-31-151-003 $7,669.47
Attest: Jeanne F. Schneider, City Clerk
Leslie A. Kessler Trust 790 Mt. Carmel St.
Buol moved adoption of the Resolution.
Sub. 1-1-2-1, Sub. 1-2-1-1 M.L. 38 11-31-
Seconded by Nicholson. Motion carried 7-0.
151-004 $7,669.47
Patrick M. & Carla T. Crahan 800 Mt. Carmel
158 Regular Session, April 15, 2002
RESOLUTION NO. 208-02
and filed. Seconded by Nicholson. Motion
FINAL ESTIMATE
carried 7-0.
Whereas, the contract for the Algona Street Communication from the Iowa Department of
Reconstruction Project has been completed and Economic Development advising that the City’s
the City Engineer has submitted his final contract for Iowa Local Housing Assistance
estimate showing the cost thereof including the Program funds has been amended, presented
cost of estimates, notices and inspection and all and read. Buol moved that the communication
miscellaneous costs; be received and filed. Seconded by Nicholson.
NOW THEREFORE, BE IT RESOLVED BY Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: McAleece Park and Recreation Complex
Section 1. That the cost of said improvement Concession Agreement: City Manager
is hereby determined to be $667,707.89. recommending approval of the McAleece Park
Section 2. That $112,922.26 of the cost and Recreation Complex Concession
thereof shall be assessable upon private Agreement with Baseball Dreams LLC,
property and $554,735.63 shall be paid from the presented and read. Buol moved that the
Road Use Tax Fund, Watermain Extension communication be received and filed and
Fund, and the Sanitary Sewer Construction approved recommendation. Seconded by
Fund. Nicholson. Motion carried 7-0.
th
Passed, approved and adopted this 15 day of
April, 2002. Pinto Ridge Subdivision – Final Plat: City
Terrance M. Duggan, Mayor Manager recommending approval of a 180-day
Attest: Jeanne F. Schneider, City Clerk extension for provision of security bonding for
Buol moved adoption of the Resolution. the construction and installation of
Seconded by Nicholson. Motion carried 7-0. improvements for Pinto Ridge Subdivision,
presented and read. Buol moved that the
RESOLUTION NO. 209-02
communication be received and filed. Seconded
RESOLUTION APPROVING PRELIMINARY
by Nicholson. Motion carried 7-0.
SCHEDULE OF FINAL ASSESSMENTS
RESOLUTION NO. 210-02
NOW THEREFORE, BE IT RESOLVED BY
A RESOLUTION RESCINDING RESOLUTION
THE CITY COUNCIL OF THE CITY OF
NO. 450-01 AND REAFFIRMING THE FINAL
DUBUQUE, IOWA:
PLAT OF PINTO RIDGE SUBDIVISION IN THE
That the attached sheets, 1 to 7 inclusive, are
CITY OF DUBUQUE, IOWA
hereby determined to be the preliminary
schedule of final assessments for the Algona Whereas, there has been filed with the City
Street Reconstruction Project and the valuations Clerk a final plat of Pinto Ridge Subdivision in
set out herein are hereby approved. the City of Dubuque, Iowa; and
th
Passed, approved and adopted this 15 day of Whereas, upon said final plat appears a street
April, 2002. to be known as Pinto Ridge Court (Lot A),
Terrance M. Duggan, Mayor Seippel Road (Lot B) and Old Highway Road
Attest: Jeanne F. Schneider, City Clerk (Lot C) together with certain public utility and
Buol moved adoption of the Resolution. sewer easements, which the owners by said
final plat have dedicated to the public forever;
Seconded by Nicholson. Motion carried 7-0.
and
Whereas, the preliminary plat has been
Iowa Department of Economic Development:
examined by the Zoning Advisory Commission
Communication from the Iowa Department of
and had its approval endorsed thereon; and
Economic Development advising that the
Whereas, said final plat has been reviewed by
Community Economic Betterment Account
the City Planner and had her approval endorsed
(CEBA) application for Quebecor has been
thereon, subject to the owners agreeing to the
approved, presented and read. Buol moved
conditions noted in Section 2 below; and
that the communication be received and filed.
Whereas, said final plat has been examined by
Seconded by Nicholson. Motion carried 7-0.
the City Council and they find that it conforms to
Communication from the Iowa Department of
the statutes and ordinances relating to it, except
Economic Development advising that the City of
that no streets or public utilities have yet been
Dubuque has been awarded a grant in an
constructed or installed.
amount not to exceed $202,500 from the HOME
NOW, THEREFORE, BE IT RESOLVED BY
Investment Partnership Program to assist in the
THE CITY COUNCIL OF THE CITY OF
rehabilitation of 15 rental homes in the City’s
DUBUQUE, IOWA:
north end neighborhood, presented and read.
Section 1.That Resolution No. 450-01 is
Buol moved that the communication be received
hereby rescinded.
Regular Session, April 15, 2002 159
Section 2. That the dedication of Pinto Ridge approved by the plat have been developed. All
Court (Lot A), Seippel Road (Lot B) and Old vacant lots shall have sidewalks installed upon
Highway Road (Lot C), together with the development of 80% of the lots approved by the
easements for public utilities, sanitary sewer, plat. Sidewalks along Old Highway Road will
storm sewer and water mains as they appear not be required until curb and cutter has been
upon said final plat, be and the same are hereby installed along said roadway.
accepted; and Section 5. That the final acceptance of all
Section 3. That the final plat of Pinto Ridge public improvements shall occur upon
Subdivision, is hereby approved and the Mayor certification of City Engineering to the City
and City Clerk are hereby authorized and Council that all public improvements have been
directed to endorse the approval of the City of completed in accordance with the improvement
Dubuque, Iowa, upon said final plat, provided plans and City standard specifications and
the owners of said property herein named, accepted by City Council Resolution.
execute their written acceptance hereto attached Section 6. That in the event Wayne and Lynn
agreeing: Stewart fail to execute the acceptance and
(a) To reduce Pinto Ridge Court (Lot A) to furnish the guarantees provided in Section 3
grade and to construct concrete curb and gutter hereof within 180 days after the date of this
and to hard surface with asphaltic concrete, or Resolution, the provisions hereof shall be null
with concrete paving with integral curb, all in and void and the acceptance of the dedication
accordance with the City of Dubuque standard and approval the plat shall not be effective.
th
specifications, all in a manner acceptable to the Passed, approved and adopted this 15 day of
City Engineer, in conformance with construction April, 2002.
improvement plans approved by the City Terrance M. Duggan, Mayor
Engineer, and inspected by the City Engineer. Attest: Jeanne F. Schneider, City Clerk
(b) To install a capped sanitary sewer main Buol moved adoption of the Resolution.
system, with service laterals into each lot, water
Seconded by Nicholson. Motion carried 7-0.
mains and water service laterals into each
individual lot, storm sewers and catch basins,
Dubuque Industrial Center West – Final Plat:
boulevard street lighting and erosion control
Zoning Advisory Commission recommending
devices all in accordance with the City of
approval of the final plat of Lots H, I and J of
Dubuque standard specifications, all in a
Dubuque Industrial Center West, presented and
manner acceptable to the City Engineer, and in
read. Buol moved that the communication be
accordance with construction improvement
received and filed. Seconded by Nicholson.
plans approved by the City Engineer, and
Motion carried 7-0.
inspected by the City Engineer.
(c) To construct said improvements, prior to
RESOLUTION NO. 211-02
two (2) years from the date of acceptance of this
A RESOLUTION APPROVING THE FINAL
resolution, at the sole expense of the owners, or
PLAT OF LOTS H, I AND J OF DUBUQUE
future owner;
INDUSTRIAL CENTER WEST IN THE CITY OF
(d) To maintain the public improvements, for a
DUBUQUE, IOWA.
period of two (2) years from the date of the
Whereas, there has been filed with the City
acceptance of those improvements by the City
Clerk a final plat lots H, I and J of Dubuque
of Dubuque, Iowa, at the sole expense of the
Industrial Center West in the City of Dubuque;
owners, or future owner;
and
And, further provided that said that Wayne and
Whereas, upon said final plat appears a street
Lynn Stewart, as owners of said property, shall
to be known as Chavenelle Road (Lot 1), which
secure the performance of the foregoing
the owners by said final plat have dedicated to
conditions provided in this Section by providing
the public forever; and
guarantees in such form and with such sureties
Whereas, said final plat has been examined by
as may be acceptable to the City Manager of the
the Zoning Advisory Commission and had its
City of Dubuque, Iowa.
approval endorsed thereon; and
Section 4. Sidewalk installation shall be the
Whereas, said final plat has been examined by
responsibility of the owner abutting the public
the City Council and they find that it conforms to
rights-of-way, including lots with multiple
the statutes and ordinances relating to it, except
frontages, as required by City Code 41-161
that no streets or public utilities have yet been
through 41-164. The responsibility shall extend
constructed or installed.
to all successors, heirs and assignees.
NOW THEREFORE, BE IT RESOLVED BY
Sidewalk installation will not be required until the
THE COUNCIL OF THE CITY OF DUBUQUE,
development of the lot has been completed,
IOWA:
except as required herein. In sparsely
Section 1. That the dedication of Chavenelle
developed subdivisions, sidewalks on developed
Road (Lot 1) as it appears upon said final plat,
lots will not be required until 50% of the lots
be and the same are hereby accepted, and
160 Regular Session, April 15, 2002
Section 2. That the final plat of Lots H, I and J
of Dubuque Industrial Center West is hereby Mutual Law Enforcement Agreement and
approved and the Mayor and City Clerk are Mutual Drug Enforcement Agreement: City
hereby authorized and directed to endorse the Manager recommending approval of a Mutual
approval of the City of Dubuque, Iowa, upon Law Enforcement Agreement and Mutual Drug
said final plat. Enforcement Agreement between Dubuque
Section 3. Sidewalk installation shall be the County, the City of East Dubuque and the City of
responsibility of the owner of the property Dubuque, presented and read. Buol moved that
abutting the public rights-of-way, including lots the communication be received and filed and
with multiple frontages, as required by City code approved recommendation. Seconded by
41-161 through 41-164. The responsibility shall Nicholson. Motion carried 7-0.
extend to all successors, heirs, and assignees.
Sidewalk installation will not be required until the Business Licenses:
development of the lot has been completed
RESOLUTION NO. 212-02
except as required herein. Sidewalks shall be
five (5) feet in width and installed one (1) foot Whereas, applications for Beer Permits have
from the property line. All vacant lots shall have been submitted and filed to this Council for
sidewalks installed upon development of 80% of approval and the same have been examined
the developable lots approved by the final plat. and approved: and
Section 4. That the final acceptance of all Whereas, the premises to be occupied by
public improvements shall occur upon such applicants were inspected and found to
certification of the City Engineer that all public comply with the Ordinances of the City and have
improvements have been completed in filed proper bonds.
accordance with the improvement plans and City NOW, THEREFORE, BE IT RESOLVED BY
standards specifications. THE CITY COUNCIL OF THE CITY OF
th
Passed, approved and adopted this 15 day of DUBUQUE, IOWA:
April, 2002. That the Manager be authorized to cause to be
Terrance M. Duggan, Mayor issued the following named applicants a Beer
Attest: Jeanne F. Schneider, City Clerk
Permit.
CLASS “B” BEER PERMIT
ACEPTANCE OF RESOLUTION NO. 211-02
A & T, LLC Plaza 20 Amoco +
I, the undersigned, Terrance M. Duggan,
(Sunday Sales) 2600 Dodge St
Mayor, City of Dubuque, having read the terms
Oriental Food/Gift Corp Lien Oriental
and conditions of the Resolution No. 211-02 and
th
Food Store+(Sunday Sales) 115 W. 11 St
being familiar with the conditions thereof, hereby
Passed, approved and adopted this 15th day
accept this same and agree to the conditions
of April, 2002.
required therein.
th
Terrance M. Duggan, Mayor
Dated in Dubuque, Iowa this 15 day of April
Attest: Jeanne F. Schneider, City Clerk
2002.
Buol moved adoption of the Resolution.
By: Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 213-02
Dubuque Industrial Center West Covenants:
Whereas, applications for Liquor Licenses
City Manager recommending that covenants for
have been submitted to this Council for approval
Dubuque Industrial Center West be amended to
and the same have been examined and
include the industrial park property platted west
approved; and
of Seippel Road, presented and read. Buol
Whereas, the premises to be occupied by such
moved that the communication be received and applicants were inspected and found to comply
filed and approved recommendation. with the State Laws and all City Ordinances
Seconded by Nicholson. Motion carried 7-0. relevant thereto and they have filed proper
bonds.
Operations and Maintenance Department
NOW, THEREFORE, BE IT RESOLVED BY
Design: City Manager recommending approval
THE CITY COUNCIL OF THE CITY OF
of the selection of Robert M. Kueny Architect to
DUBUQUE, IOWA:
provide architectural and engineering design
That the Manager be authorized to cause to be
services for the new Operations and
issued the following named applicants a Liquor
Maintenance Department facility, presented and License.
read. Buol moved that the communication be CLASS C BEER/LIQUOR LICENSE
received and filed and approved
Mary Lou Kamp Noonan’s Tap +
recommendation. Seconded by Nicholson.
(Sunday Sales) 1618 Central Ave
Motion carried 7-0.
GMRI Inc Olive Garden +
Regular Session, April 15, 2002 161
(Sunday Sales) 3350 Dodge St estimated cost were filed with the City Clerk of
Aramark Educational Service Loras College Dubuque, Iowa for the John F. Kennedy
Campus+(Sunday Sales) 1450 Alta Vista Dr Reconstruction Project.
Central Tap, Inc. Central Tap+ Whereas, notice of hearing on plans,
(Sunday Sales) 1046 Central Ave specifications, form of contract, and estimated
Passed, approved and adopted this 15th day cost was published as required by law.
of April, 2002. NOW THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF
Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA:
Buol moved adoption of the Resolution. That the said plans, specifications, form of
contract and estimated cost are hereby
Seconded by Nicholson. Motion carried 7-0.
approved as the plans, specifications, form of
contract and estimated cost for said
BOARDS/COMMISSIONS - Interviews for the
improvements for said project.
following Board/Commission: MECHANICAL
th
Passed, adopted and approved this 15 day of
CODE BOARD (Six Vacancies). Applicants
April, 2002.
(Need Mechanical Background): Tom W. Giese,
Terrance M. Duggan, Mayor
David W. Grothe, Michael P. Kelly, Paul J. Papin
Attest: Jeanne F. Schneider, City Clerk
(also serves on Plumbing Board), David C.
Markham moved to amend the Resolution to
Stuart, Harlan J. Willenborg (also serves on
remove the installation of sidewalks, though to
Plumbing Board). No one spoke.
include the grading to allow for possible future
sidewalks. Seconded by Nicholson. Motion
PUBLIC HEARINGS
carried 7-0.
Michalski moved that the rules be suspended
Sisters of St. Francis – 1001 Davis Street –
to allow anyone present to speak. Seconded by
Rezoning Request: Proof of publication on
Cline. Motion carried 7-0.
notice of hearing to consider rezoning property
located at 1001 Davis Street from R-1 Single
John F. Kennedy Road Reconstruction Project
Family Residential District to OR Office
at the Northwest Arterial: Proof of publication on
Residential District at the request of the Sisters
notice of hearing to consider the plans and
of St. Francis and Zoning Advisory Commission
specifications for the John F. Kennedy Road
recommending approval, presented and read.
Reconstruction Project in the vicinity of the
Petition from the neighbors of the Sisters of St.
Northwest Arterial and City Manager
Francis requesting that the zoning remain single
recommending approval, presented and read.
family, presented and read.
Markham moved that the proof and
Communication from Joel and Mary Glennon
communication be received and filed. Seconded
stating that the property of the Sisters of St.
by Nicholson. Motion carried 7-0.
Francis should remain R-1 Single Family,
Petition from landowners on John F. Kennedy
presented and read.
Road stating that sidewalks along the new
Sr. Margaret Jungers, Director of Shalom
construction on John F. Kennedy Road are not
Retreat Center, spoke outlining their plans for
warranted, presented and read. Markham
their community and this business. Sr. Marie
moved that the petition be received and filed.
Therese Kalb, as Assistant Director of Shalom,
Seconded by Nicholson. Motion carried 7-0.
spoke of their commitment to this ministry. Sr.
Communication from Dubuque Soccer Alliance
Judy Sinnwell, as the Massage Therapist for the
opposing the proposed plan to include sidewalks
last 10 years at Shalom, spoke of their
on the east side of John F. Kennedy Road as
continued commitment to mind, body and spirit
part of the reconstruction project, presented and
healing.
read. Markham moved that the communication
Merle Pfeiler, 1010 Davis, spoke in opposition
be received and filed. Seconded by Nicholson.
to the zoning change.
Motion carried 7-0.
David Chatfield spoke stating that this could be
Dave Unsen, 3078 John F. Kennedy Rd.,
accomplished with spot zoning.
George Pfeiler, 3150 John F. Kennedy Road,
Ed Kieffer, spoke objecting to the entire
Dennis Williams, 3139 John F. Kennedy Road,
rezoning, stating that it could be restricted to that
Tom Pfiffner, 3037 John F. Kennedy Rd. all
address only and revert back if that business
spoke objecting to the installation of sidewalks.
closes.
Discussion ensued about looking at a
RESOLUTION NO. 214-02
conditional zoning basis.
RESOLUTION ADOPTING
An Ordinance Amending Appendix A (the
PLANS AND SPECIFICATIONS
Zoning Ordinance) of the City of Dubuque Code
th
Whereas, on the 27 day of March, 2002,
of Ordinances by reclassifying hereinafter
plans, specifications, form of contract and
described property located at 1001 Davis Street
162 Regular Session, April 15, 2002
from R-1 Single Family Residential District to requirement that a proposed Ordinance be
OR Office High Density Multi-Family Residential considered and voted on for passage at two
District, presented and read. Buol moved to Council Meetings prior to the meeting at which it
table the public hearing until the meeting of is to be finally passed be suspended and further
5/6/02 with direction that Staff look at conditional moved final consideration and passage of the
use rezoning for this property. Seconded by Ordinance. Seconded by Connors. Vote on the
Nicholson. Motion carried 7-0. motion was as follows: Yeas—Markham,
Michalski, Nicholson, Connors. Nays—Buol,
MWF Properties / Felderman Business Cline. Motion failed due to lack of ¾ vote to
Partnership – Amend PUD: waive the rules. Markham moved that the
Mayor Duggan turned control of the meeting to communication be received and filed and that
Mayor Pro-Tem Michalski due to possible this be considered the first reading of the
conflict of interest. Ordinance. Seconded by Nicholson. Carried by
Proof of publication on notice of hearing to the following vote: Yeas—Markham, Michalski,
consider amending the PUD Planned Unit Nicholson, Connors. Nays—Buol, Cline.
Development District located at the end of Mayor Duggan returned and took control of the
Raven Oaks Drive to allow construction of 64 meeting.
multi-family housing units at the request of MWF
Properties/Felderman Business Partnership and Gronen Properties, LLC – Rezoning Request:
Zoning Advisory Commission recommending Proof of publication on notice of hearing to
approval, presented and read. consider rezoning property located at 2027 and
th
Communication from Dominic Goodmann III, in 2035 Elm Street, 349 and 369 East 20 Street,
support of the application of MWF Properties and 2006, 2010, 2024, 2032, 2036, 2042 and
and Felderman Business Partnership to amend 2046 Washington Street from R-2A Alternate
the PUD District on Raven Oaks Drive, Two-Family Residential District to C-2
presented and read. Neighborhood Shopping Center District at the
Steve Ulstad, Architect of the proposed request of Gronen Properties, LLC and Zoning
project, and Dave Steele of MWF Properties, Advisory Commission recommending approval,
spoke outlining their plans for this development. presented and read. Buol moved that the proof
Robert Felderman spoke in favor of the and communication be received and filed.
project. Seconded by Michalski. Motion carried 7-0.
Erin LaFoe of 3142 Arbor Oaks, Jean Becker, John Gronen, 1766 Plymouth Ct., spoke of his
2672 Marywood Dr., Tara Goedkin, 3109 Arbor plans for these properties.
nd
Oaks, Merle Langkamp, W. 32 St., Robert Linda Green, 427 Rhomberg, Tammy Walsh,
Miller, 3115 Arbor Oaks, Bill Brittain, 3105 Arbor 2043 Washington, Joe Healy of 2586 Crissy Dr.,
Oaks, Laura Becker, 2877 Arbor Hills, Ron and David Chatfield of 3739 Inwood St., all
Hickson, 2608 Rosewood, Robert Curler, 2674 spoke in support of this proposed rezoning and
Marywood, Rod Tokheim, 2999 Olde Country project.
Lane, John Herrig, all spoke objecting to the
proposed project, citing increased noise, An Ordinance Amending Appendix A (the
density, traffic, and lack of need for this kind of Zoning Ordinance) of the City of Dubuque Code
housing. of Ordinances by reclassifying property located
Donna Morris of St. Mary’s Home, Inc. – Owen at the northeast corner of Washington Street
th
Ct. Apts. and Kathy Pothoff as Manager of and 20 Street from R-2A Alternate Two-Family
Sheridan Village, spoke stating there is no need Residential District to C-2 Neighborhood
for additional housing rental units. Shopping Center District, presented and read.
Nick Goodman of 9603 Maquoketa Dr. spoke
in favor of the project.
OFFICIAL PUBLICATION
David Steele stressed this is not a low income
ORDINANCE NO. 29-02
housing project. Janet Walker, Assistant
AN ORDINANCE AMENDING APPENDIX A
Housing Director, spoke explaining there are
(THE ZONING ORDINANCE) OF THE CITY OF
250 applicants on the waiting list for Section 8
DUBUQUE CODE OF ORDINANCES BY
Housing but the City is limited to a certain
RECLASSIFYING HEREINAFTER DESCRI-
number of vouchers.
BED PROPERTY LOCATED AT THE
An Ordinance Amending Appendix A (the
NORTHEAST CORNER OF WASHINGTON
TH
Zoning Ordinance) of the City of Dubuque Code
STREET AND 20 STREET FROM R-2A
of Ordinances by amending the Conceptual
ALTERNATE TWO-FAMILY RESIDENTIAL
Development Plan for property located at the
DISTRICT TO C-2 NEIGHBORHOOD
end of Raven Oaks Drive and currently zoned
SHOPPING CENTER DISTRICT.
PUD Planned Unit Development District with a
PR Planned Residential Designation, presented
and read. Michalski moved that the
Regular Session, April 15, 2002 163
RECLASSIFYING HEREINAFTER DESCRI-
NOW, THEREFORE, BE IT ORDAINED BY
BED PROPERTY LOCATED AT 950 CEDAR
THE CITY COUNCIL OF THE CITY OF
CROSS ROAD FROM CS COMMERCIAL
DUBUQUE, IOWA:
SERVICE AND WHOLESALE DISTRICT TO C-
Section 1. That Appendix A (The Zoning
3 GENERAL COMMERCIAL DISTRICT.
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying NOW, THEREFORE, BE IT ORDAINED BY
the hereinafter described property as shown in THE CITY COUNCIL OF THE CITY OF
Exhibit A, and to the centerline of the adjoining DUBUQUE, IOWA:
public right-of-way, all in the City of Dubuque, Section 1. That Appendix A (The Zoning
Iowa from R-2A Alternate Two-Family Ordinance) is hereby amended by reclassifying
Residential District to C-2 Neighborhood the hereinafter described property from CS
Shopping Center District; and Commercial Service and Wholesale District to
Section 2. The foregoing amendment has C-3 General Commercial District, to wit:
heretofore been reviewed by the Zoning Lot 6, Block 4 Cedar Cross Industrial Park,
Advisory Commission of the City of Dubuque, and to the centerline of the adjoining public right-
Iowa. of-way, all in the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect Section 2. The foregoing amendment has
immediately upon publication, as provided by heretofore been reviewed by the Zoning
law. Advisory Commission of the City of Dubuque,
Passed, approved and adopted this 15th day Iowa.
of April, 2002. Section 3. This ordinance shall take effect
Terrance M. Duggan, Mayor immediately upon publication, as provided by
Attest: Jeanne F. Schneider, City Clerk law.
th
Published officially in the Telegraph Herald Passed, approved and adopted this 15 day of
nd
newspaper this 22 day of April, 2002. April 2002.
Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
1t 4/22 Attest: Jeanne F. Schneider, City Clerk
Buol moved that the requirement that a Published officially in the Telegraph Herald
nd
proposed Ordinance be considered and voted newspaper this 22 day of April, 2002.
on for passage at two Council Meetings prior to Jeanne F. Schneider, City Clerk
the meeting at which it is to be finally passed be 1t 4/22
suspended and further moved final Buol moved that the requirement that a
consideration and passage of the Ordinance. proposed Ordinance be considered and voted
Seconded by Michalski. Motion carried 7-0. on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
Ron Malone/Keith Wolff – 940 to 990 Cedar suspended and further moved final
Cross Road – Request to Rezone: Proof of consideration and passage of the Ordinance.
publication on notice of hearing to consider Seconded by Cline. Motion carried 7-0.
rezoning property located from 940 to 990 Cedar
Cross Road from CS Commercial Service and Randy Davis – 840 Roosevelt Street –
Wholesale District to C-3 General Commercial Request to Rezone: Proof of publication on
District at the request of Ron Malone and Keith notice of hearing to consider rezoning property
Wolff and Zoning Advisory Commission located at 840 Roosevelt Street from R-1 Single
recommending approval, presented and read. Family Residential District to CS Commercial
Buol moved that the communication be received Service and Wholesale District at the request of
and filed. Seconded by Cline. Motion carried 7-Randy Davis; communication of Zoning Advisory
0. Commission recommending denial, and
Keith Wolff spoke in support of the proposed communication of Randy Davis requesting to
rezoning. table to 6/17/02 Council meeting, and an
Ordinance Amending Appendix A (the Zoning
An Ordinance Amending Appendix A (the Ordinance) of the City of Dubuque Code of
Zoning Ordinance) of the City of Dubuque Code Ordinances by reclassifying property located at
of Ordinances by reclassifying property located 840 Roosevelt Street from R-1 Single Family
at 950 Cedar Cross Road from CS Commercial Residential District to CS Commercial Service
Service and Wholesale District to C-3 General and Wholesale District, presented and read.
Commercial District, presented and read. Markham moved to table this matter to 6/17/02.
Seconded by Buol. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-02
City of Dubuque - Port of Dubuque Rezoning:
AN ORDINANCE AMENDING APPENDIX A
Mayor Duggan turned control of the meeting to
(THE ZONING ORDINANCE) OF THE CITY OF
Mayor Pro Tem Michalski due to possible
DUBUQUE CODE OF ORDINANCES BY
conflict of interest.
164 Regular Session, April 15, 2002
Proof of publication on notice of hearing to reclassifying hereinafter described property
consider rezoning property from ROD located north and south of the Ice Harbor and
Redevelopment Overlay District, HI Heavy east of Highway 61/151 from ROD
Industrial District, MHI Modified Heavy Industrial Redevelopment Overlay District, HI Heavy
District, CS Commercial Service and Wholesale Industrial District, MHI Modified Heavy Industrial
District and CR Commercial Recreation District District, CS Commercial Service and Wholesale
to PUD Planned Unit Development District and District and CR Commercial Recreation District
adopting a Conceptual Development Plan to be to PUD Planned Unit Development District and
known as the Port of Dubuque Riverfront District adopting a Conceptual Development Plan to be
at the request of the City of Dubuque and known as the Port of Dubuque Riverfront
Zoning Advisory Commission recommending District, presented and read.
approval, presented and read. Buol moved that
the proof and communications be received and
OFFICIAL PUBLICATION
filed. Seconded by Nicholson. Motion carried 7-
ORDINANCE NO. 31-02
0.
AN ORDINANCE AMENDING APPENDIX A
Communication from Corporation Counsel
(THE ZONING ORDINANCE) OF THE CITY OF
Barry Lindahl regarding the Dodds River
DUBUQUE CODE OF ORDINANCES BY
Terminals, Inc. lease with the City of Dubuque,
RECLASSIFYING HEREINAFTER DESCRI-
presented and read. Buol moved that the
BED PROPERTY LOCATED NORTH AND
communication be received and filed. Seconded
SOUTH OF THE ICE HARBOR AND EAST OF
by Nicholson. Motion carried 7-0.
HIGHWAY 61/151 FROM ROD REDEVEL-
Communication from Dennis Dodds,
OPMENT OVERLAY DISTRICT, HI HEAVY
President of Dodds River Terminals, Inc., in
INDUSTRIAL DISTRICT, MHI MODIFIED
opposition to the proposed rezoning of the Port
HEAVY INDUSTRIAL DISTRICT, CS COM-
of Dubuque and adoption of the Conceptual
MERCIAL SERVICE AND WHOLESALE
Development Plan, presented and read. Buol
DISTRICT AND CR COMMERCIAL REC-
moved that the communication be received and
REATION DISTRICT TO PUD PLANNED UNIT
filed. Seconded by Nicholson. Motion carried 7-
DEVELOPMENT DISTRICT WITH A PC
0.
PLANNED COMMERCIAL DESIGNATION
Communication of City Manager Michael C.
AND ADOPTING A CONCEPTUAL DEVEL-
Van Milligen to John C. Hendry, President of the
OPMENT PLAN TO BE KNOWN AS THE
Adams Company, in response to his request for
PORT OF DUBUQUE RIVERFRONT
a delay in the adoption of the Planned Unit
DISTRICT.
Development Ordinance for the Port of
Whereas, the City of Dubuque adopted on
Dubuque, presented and read. Buol moved that
March 4, 2002, the Port of Dubuque Master
the communication be received and filed.
Plan, an amendment of the Riverfront Plan,
Seconded by Nicholson. Motion carried 7-0.
which is a component of the City’s adopted
Attorney Doug Henry, 200 Security Building,
Comprehensive Plan; and
as a representative of six businesses, spoke
Whereas, the City of Dubuque adopted on
about concerns with Zone B and objecting to the
March 4, 2002, an amended and restated Urban
adoption of the Ordinance.
Renewal Plan for the Ice Harbor Urban Renewal
Steve Arthur, Vice President of The Adams
District that includes the Port of Dubuque Master
Co., spoke in opposition to the Ordinance and
Plan and Design Standards; and
requested that action be delayed, especially
Whereas, the City of Dubuque has determined
Zone B.
that a zoning reclassification of the Port of
Dave Engstrom of the Mutual Wheel Co.,
Dubuque will serve to guide the implementation
requested postponement for five years.
of the adopted Port of Dubuque Master Plan and
Mark Molo of Molo Oil Co., objected to the
Design Standards.
proposed rezoning and requested postponement
NOW, THEREFORE, BE IT ORDAINED BY
of action.
THE CITY COUNCIL OF THE CITY OF
Carter Newt of Newt Marine, and Karen
DUBUQUE, IOWA:
Haferhill both spoke in opposition to the
Section 1. Port of Dubuque PUD
proposed rezoning at this time.
Appendix A (the Zoning Ordinance) of the City
Rick Dickinson, Executive Director of GDDC,
of Dubuque Code of Ordinances is hereby
spoke clarifying the space available for
amended by reclassifying the hereinafter
relocation of businesses.
described property from ROD Redevelopment
City Manager Van Milligen clarified that these
Overlay District, HI Heavy Industrial District, MHI
businesses can continue but just cannot expand
Modified Heavy Industrial District, CS
at their present site.
Commercial Service and Wholesale District, and
CR Commercial Recreation District to PUD
An Ordinance Amending Appendix A (the
Planned Unit Development District with a PC
Zoning Ordinance) of the City of Dubuque by
Regular Session, April 15, 2002 165
Planned Commercial designation and adopting a site consumption, and the sale of gas or other
conceptual development plan, a copy of which is vehicular fuels subordinate to the principal use
attached to and made a part hereof, to be known of the theme convenience store.
as the Port of Dubuque Riverfront District to wit: Section 4. General Provisions for Zone A
All of the real property highlighted in Exhibit 1, A. Geographic Area. Zone A shall be the
and to the centerline of the adjoining public right-geographic area designated as “Zone A” on
of-way, and to the corporate limits of the City of Exhibit 1.
Dubuque, all in the City of Dubuque, Iowa. B. Use Regulations for Zone A
Permitted Principal Uses
Section 2. Conceptual Development Plan 1. :
Referenced herein as Exhibit 2, on file in the a. Public or quasi-public utilities.
Planning Services Department, and made a part b. General offices.
of this zoning reclassification by reference is the c. Medical and professional offices.
Conceptual Development Plan for the Port of d. Office/showrooms.
Dubuque Riverfront District. It is recognized that e. Retail sales and services.
minor shifts or modifications to the general plan f. Personal services.
layout may be necessary and compatible with g. Book stores.
the need to acquire workable street patterns, h. Excursion services.
grades and usable building sites. i. Theme convenience stores with
Section 3. Definitions subordinate gas stations.
The following definitions shall apply for purposes j. Copy centers.
of this PUD ordinance, in addition to Section 8 k. Dry cleaners.
(Definitions) of the Zoning Ordinance. l. Coffee shops.
Indoor Restaurant
: Any business m. Antique shops.
establishment or portion thereof where food is n. Theme restaurants.
prepared for sale for consumption on the o. Indoor restaurants.
premises, including all sit down restaurants, p. Bars/Nightclubs.
where food and beverage are served in q. Cinemas/theaters.
nondisposable containers and which may r. Multi-family residential dwellings.
involve carryout service and the serving of beer, s. Residential dwelling units above the first
wine and alcoholic beverages on the premises floor.
of a limited nature as an accessory use to the t. Condominiums.
restaurant. u. Boutique hotels or bed & breakfast inns.
Nightclub:
An establishment dispensing beer, v. Marinas/pleasure craft harbors.
wine and alcoholic beverages on the premises in w. Public parks/plazas.
which music, dancing or entertainment is x. Public transit/comfort stations.
conducted. y. Micro-breweries.
Office/Showroom
: A product display or z. Indoor and outdoor recreational facilities.
showroom facility with two primary uses: office aa. Hotels.
and showroom/display space. Storage, light bb. Museums.
assembly or shipping and receiving may occupy cc. Excursion boat gambling.
no more than 20 percent, and office use may dd. Aquariums.
occupy no more than 75 percent of the facility’s ee. Conference and education centers.
gross floor area. ff. Parking structures.
Theme Restaurant
: Any business 2. Prohibited Uses:
establishment or portion thereof with an a. Outdoor golf courses and outdoor golf
historical, architectural, cultural, or similar practice facilities, except miniature golf.
general theme, where food is prepared for sale b. Cellular communication towers.
for consumption onsite in a café or al fresco c. Telecommunication processing and
setting, off the premises and/or served in relay centers, i.e., “telecom hotels.”
disposable containers or wrappers, including d. Adult businesses, as defined in Section
fast food restaurants having a carryout service, 4-8 (Adult Entertainment Requirements and
and where beer, wine or alcoholic beverages are Regulations) of the Zoning Ordinance.
not served. e. Industrial laundry and dry cleaning
Theme Convenience Store with Subordinate
plants.
Gas Station:
Any retail establishment with an f. Pawn shops.
historical, architectural, cultural, corner grocery g. New car and truck sales.
or similar general theme, where food is prepared h. Used vehicle sales and service.
for sale for consumption onsite in a deli or café i. Resale shops.
setting, and also offering for sale prepackaged j. Drive-thru facilities, except drive-up
food products, household items, newspapers automated teller machines.
and magazines, and sandwiches and other k. Stand-alone gas stations.
freshly prepared foods, such as salads, for off-
166 Regular Session, April 15, 2002
l. Vehicle fabrication/assembly/repair/body t. Condominiums. [9]
shops. u. Boutique hotels or bed & breakfast inns.
m. Tattoo parlors and body piercing shops. [30]
Permitted Conditional uses
3. : v. Marinas/pleasure craft harbors. [37]
a. Group day care centers, subject to state and w. Public parks/plazas. [47]
local regulations and provided that: x. Public transit/comfort stations. [47]
1. Such facility shall be located within an y. Micro-breweries. [20]
office, commercial or residential building or as z. Indoor and outdoor recreational facilities.
an accessory structure on the same lot; [37]
2. Such facility shall provide for the loading aa. Hotels. [30]
and unloading of children so as not to obstruct bb. Museums. [13]
public streets, nor create traffic or safety cc. Excursion boat gambling. [47]
hazards; and dd. Aquariums. [13]
3. All licenses have been issued or have been ee. Conference and education centers. [20]
applied for awaiting the outcome of the Board’s ff. Parking structures. [N/A]
decision. [ ] Parking Group - requirements of Section 4.2
b. Drive-up automated teller machines, (Off-Street Parking and Loading Regulations) of
provided that: the Zoning Ordinance must be met.
Prohibited Uses
1. Ingress, egress and traffic flow shall be 2.
acceptable to the City site plan review team;
a. Outdoor golf courses and outdoor golf
and
practice facilities, except miniature golf.
2. Opaque screening shall be provided for
b. Cellular communication towers
adjacent residential uses.
c. Telecommunication processing and relay
( ) Parking Group- requirements of Section
centers, i.e., “telecom hotels”
4.2 (Off-Street Parking and Loading
d. Adult businesses, as defined in Section 4-8
Regulations) of the Zoning Ordinance must be
(Adult Entertainment Requirements and
met.
Regulations) of the Zoning Ordinance.
Permitted Accessory Uses
4. : Any use
e. Industrial laundry and dry cleaning plants
customarily incidental and subordinate to the
f. Pawn shops.
principal use it serves.
g. Used vehicle sales and service.
Permitted Temporary Uses
5. : Any use of a
h. Resale shops.
limited duration as defined in Section 8
i. Drive-thru facilities, except drive-up
(Definitions) of the Zoning Ordinance, subject to
automated teller machines.
the conditions set forth in Section 2-5.3
j. Stand-alone gas stations.
(Temporary Uses) of the Zoning Ordinance.
k. Vehicle fabrication/assembly/repair/body
Section 5. General Provisions for Zone B
shops.
A. Geographic Area. Zone B shall be the
l. Tattoo parlors and body piercing shops.
geographic area designated as “Zone B” on
Permitted Conditional Uses:
3.
Exhibit 1.
a. Group day care centers, subject to state and
B. Use Regulations for Zone B
local regulations and provided that:
1. Permitted Principal Uses:
1. Such facility shall be located within an
a. Public or quasi-public utilities. [47]
office, commercial or residential building or as
b. General offices. [14]
an accessory structure on the same lot;
c. Medical and professional offices. [36]
2. The parking requirements can be met – [8];
d. Office/showrooms. [14]
3. Such facility shall provide for the loading and
e. Retail sales and services. [17]
unloading of children so as not to obstruct public
f. Personal services. [14]
streets, nor create traffic or safety hazards; and
g. Book stores. [17]
4. All licenses have been issued or have been
h. Excursion services. [37]
applied for awaiting the outcome of the Board’s
i. Theme convenience stores with
decision.
subordinate gas stations. [19]
b. Drive-up automated teller machines,
j. Copy centers. [29]
provided that:
k. Dry cleaners. [19]
1. Ingress, egress and traffic flow shall be
l. Coffee shops. [20]
acceptable to the City site plan review team;
m. Antique shops. [17]
2. The parking requirements can be met –
n. Theme restaurants. [20]
[8]; and
o. Indoor restaurants. [20]
3. Opaque screening shall be provided for
p. Bars/Nightclubs. [20]
adjacent residential uses.
q. Cinemas/theaters. [48]
[ ] Parking Group - requirements of Section 4.2
r. Multi-family residential dwellings. [9]
(Off-Street Parking and Loading Regulations) of
s. Residential dwelling units above the first
the Zoning Ordinance must be met.
floor. [9]
Regular Session, April 15, 2002 167
Permitted Accessory Uses:
4. Any use reconstruction of an existing use after
customarily incidental and subordinate to the destruction by more than fifty percent (50%) of
principal use it serves. the replacement cost at the time of destruction.
Permitted Temporary Uses:
5. Any use of a Seasonal equipment, supplies, etc. shall be
limited duration as defined in Section 8 either stored within each facility or within a
(Definitions) of the Zoning Ordinance subject to permanent accessory structure. In the event of
the conditions set forth in Section 2-5.3 destruction of an existing use by less than fifty
(Temporary Uses) of the Zoning Ordinance. percent (50%) of the replacement cost at the
C. Performance Standards for New time of destruction, outdoor storage shall be
Development, Change in Use, and Expansion subject to the provisions of Section 5. D. of this
and Reconstruction of Existing Uses in Zone B PUD ordinance.
New Development, Change in Use and
1. D. Performance Standards for Existing Uses in
Expansion of Existing Uses:
In Zone B, the Zone B
Nonconformities
Design Standards adopted on March 4, 2002, as 1. : If an existing use in Zone
part of the Port of Dubuque Master Plan for the B is not listed in Section 5. B. (Permitted Uses)
Ice Harbor Urban Renewal District shall apply to of this PUD ordinance at the time of adoption of
all new development, change in use and this ordinance, it shall be considered a
expansion of existing uses. nonconforming use in accordance with Section
Reconstruction of Existing Uses
2. : In Zone 4-6 (Nonconformities in General) of the Zoning
B, the Design Standards adopted on March 4, Ordinance. It is recognized that lawful
2002, as part of the Port of Dubuque Master nonconformities may substantially and adversely
Plan for the Ice Harbor Urban Renewal District impact the orderly development, maintenance,
shall apply in the event of reconstruction of an use and taxable value of other properties in this
existing use after destruction by more than fifty PUD District. To secure eventual conformance
percent (50%) of the replacement cost at the with the Port of Dubuque Master Plan and the
time of destruction. In the event of destruction Design Standards adopted on March 4, 2002,
of an existing use by less than fifty percent nonconforming uses existing in Zone B at the
(50%) of the replacement cost at the time of time of adoption of this PUD ordinance may
destruction, it may only be reconstructed if such continue subject to the provisions of this
reconstruction does not increase the degree of ordinance, but may not expand in gross floor
nonconformity that existed prior to destruction. area nor change in use from one nonconforming
Construction of New Parking Lots:
3. In Zone use to another nonconforming use.
Sign Regulations:
B, construction of any new parking lot shall 2. The provisions of the City
comply with the Design Standards adopted on of Dubuque Zoning Ordinance Section 4-3 (Sign
March 4, 2002, as part of the Port of Dubuque Regulations) shall apply in Zone B unless further
Master Plan for the Ice Harbor Urban Renewal regulated by this section.
a. Nonconforming Signs
District. : Any existing sign in
Expansion of Existing Parking Lots:
4. In Zone Zone B that is not in compliance with the Design
B, the expansion of an existing parking lot for an Standards adopted on March 4, 2002, as part of
existing use shall not constitute the requirement the Port of Dubuque Master Plan for the Ice
to comply with the Design Standards adopted on Harbor Urban Renewal District shall be
March 4, 2002, as part of the Port of Dubuque considered a nonconforming sign in accordance
Master Plan for the Ice Harbor Urban Renewal with Section 4-3.8 (Nonconforming Signs) of the
District. However, the expansion of an existing Zoning Ordinance.
New Signs
parking lot in Zone B shall comply with Section b. : The installation of any new
4-2 (Off-Street Parking and Loading signs for an existing use in Zone B shall be in
Regulations), Section 4-4 (Site Plan Review accordance with the Design Standards adopted
Provisions), and Section 4-5 (Landscaping and on March 4, 2002, as part of the Port of
Screening Requirements) of the Zoning Dubuque Master Plan for the Ice Harbor Urban
Ordinance. Renewal District.
Outdoor Storage– New Development, omprehensive Sign Program
5. c. C: A
Change in Use and Expansion of Existing Uses:
comprehensive sign program shall be developed
Outdoor storage of any kind, including vehicles, in Zone B for the installation of new signs and
raw materials, etc. is prohibited in Zone B for all for any alteration, improvement or other change
new development, change in use and expansion of nonconforming signs for existing individual
of existing uses. Seasonal equipment, supplies, businesses or buildings, or for buildings which
etc. shall be either stored within each facility or house more than one business, in accordance
within a permanent accessory structure. with the Design Standards adopted on March 4,
6. Outdoor Storage– Reconstruction of
2002, as part of the Port of Dubuque Master
Existing Uses:
Outdoor storage of any kind, Plan for the Ice Harbor Urban Renewal District.
d. Prohibited signs:
including vehicles, raw materials, etc. is The following types of
prohibited in Zone B in the event of signs are prohibited in Zone B.Any existing
168 Regular Session, April 15, 2002
sign in Zone B that falls into one or more of the 0-24 months Conduct property review
following categories of prohibited signs shall be meeting with Planning Services Department.
considered a nonconforming sign: 24-48 months Submit necessary plans and
Pole, pylon or freestanding signs information describing compliance plans and
Billboards improvements to the Planning Services
Internally illuminated awnings Department.
Portable signs 48-60 months Complete necessary modifica-
Search lights tions and improvements.
Audible or musical signs E. Variance and Appeal Process
Permissible Signs
e. . The following sign types In Zone B, requests for variances from the
are permissible in Zone B: regulations of this PUD ordinance, unless
Non-illuminated awning signs expressly prohibited by this PUD ordinance, and
Canopy or marquee signs appeals of their interpretation by City staff shall
Wall signs be filed in accordance with Section 5-3 (Zoning
Projecting signs Board of Adjustment) of the Zoning Ordinance.
Window signs Section 6. Transfer of Ownership
Ground signs/monument signs Transfer of ownership or lease of property in this
Non-Accessoryutdoor Storage Prohibited:
3. OPUD District shall include in the transfer or lease
In Zone B, outdoor storage that is not an agreement a provision that the purchaser or
accessory use to the principal use is prohibited. lessee acknowledges awareness of the
In Zone B, removal of the non-accessory conditions authorizing the establishment of the
outdoor storage shall be required within district.
eighteen (18) months of the effective date of this Section 7. Recording
PUD Ordinance, and shall be implemented A copy of this ordinance shall be recorded at
according to the following schedule: the expense of the City of Dubuque with the
0-6 months Conduct property review meeting Dubuque County Recorder as a permanent
with the City of Dubuque Planning Services record of the conditions accepted as part of this
Department. reclassification approval after the adoption of
6-12 months Submit necessary plans and this ordinance. This ordinance shall be binding
information describing compliance plans to the upon the undersigned and his/her heirs,
Planning Services Department. successors and assigns.
12-18 months Remove all non-accessory Section 8. The foregoing amendment has
outdoor storage. heretofore been reviewed by the Zoning
utdoor Storage Accessory to the Principal
OAdvisory Commission of the City of Dubuque,
Use:
Iowa.
utdoor Storage Accessory to the Principal
a. OSection 9. The foregoing amendment shall
Use:
In Zone B, outdoor storage for existing take effect upon publication, as provided by law.
th
uses is restricted to storage necessary for Passed, approved and adopted this 15 day of
operation of the principal use as an accessory April 2002.
use. Material stored must be screened from Ann E. Michalski, Mayor Pro Tem
view from adjacent rights-of-way and properties. Attest: Jeanne F. Schneider, City Clerk
Screening must be opaque and a minimum of Published officially in the Telegraph Herald
nd
six (6) feet in height. newspaper this 22 day of April, 2002.
Outdoor Storage ofRefuse:
b. In Zone B, Jeanne F. Schneider, City Clerk
outdoor storage of freestanding dumpsters or 1t 4/22
refuse containers is prohibited. Refuse shall be Buol moved to amend the Ordinance to
securely stored and enclosed as part of the remove the condition of the five year delay on
principal structure, and contained and disposed Zone B. Seconded by Cline. Motion carried 6-
of in accordance with applicable state, county 0.
and city health, safety and environmental codes. Buol moved that the requirement that a
Where storage of food service/restaurant kitchen proposed Ordinance be considered and voted
refuse is not accommodated as part of the on for passage at two Council Meetings prior to
principal building, refuse storage is permissible the meeting at which it is to be finally passed be
in an accessory storage enclosure. suspended and further moved final
Compliance Schedule for Accessory
c. consideration and passage of the Ordinance, as
Outdoor Storage:
In Zone B, compliance with amended. Seconded by Nicholson. Motion
the accessory outdoor storage regulations of this carried 6-0.
sub-section shall be required within five (5)
years of the effective date of this PUD Text Amendment – Freeway 61/151 Sign
Ordinance, and shall be implemented according Overlay District: Proof of publication on notice
to the following schedule: of hearing to consider amending the Freeway
61/151 Sign Overlay District (SOD) to replace
Regular Session, April 15, 2002 169
the SOD with the Port of Dubuque Planned in the SOD east of Locust Street from Camp
District Sign Regulations as requested by the Street north to Dodge Street and the Julien
City of Dubuque, presented and read. Buol Dubuque bridge, and extending east to the
moved that the proof be received and filed. railroad right-of-way.
Seconded by Nicholson. Motion carried 7-0. Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
An Ordinance Amending Appendix A (the Advisory Commission of the City of Dubuque,
Zoning Ordinance) of the City of Dubuque Code Iowa.
of Ordinances by amending Sections 4-3.12(B) Section 3. This ordinance shall take effect
and 4-3.12(C)(1)(a), 4-3.12(C)(1)(c) and 4-immediately upon publication, as provided by
3.12(C)(2)(a) of the Freeway 61/151 Corridor law.
Signage Overlay District (SOD), presented and Passed, approved and adopted this 15th day
read. of April, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
OFFICIAL PUBLICATION
Published officially in the Telegraph Herald
ORDINANCE NO. 32-02
nd
newspaper this 22 day of April, 2002.
AN ORDINANCE AMENDING APPENDIX A
Jeanne F. Schneider, City Clerk
(THE ZONING ORDINANCE) OF THE CITY OF
1t 4/22
DUBUQUE CODE OF ORDINANCES BY
Buol moved that the requirement that a
AMENDING SECTIONS 4-3.12(B) AND 4-
proposed Ordinance be considered and voted
3.12(C)(1)(a), 4-3.12(C)(1)(c) AND 4-
on for passage at two Council Meetings prior to
3.12(C)(2)(a) OF THE FREEWAY 61/151
the meeting at which it is to be finally passed be
CORRIDOR SIGNAGE OVERLAY DISTRICT
suspended and further moved final
(SOD).
consideration and passage of the Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY
Seconded by Nicholson. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Southwest Arterial Corridor Moratorium: Proof
Section 1. That Appendix A (The Zoning
of publication on notice of hearing to consider
Ordinance) is hereby amended by repealing
amending Sections 6-1.5.5 and 4-4.2 of the
Sections 4-3.12(B), 4-3.12(C)(1)(a), 4-
Zoning Ordinance and Section 42-16 of the
3.12(C)(1)(c), and 4-3.12(C)(2)(a)and adopting
Subdivision Regulations regarding a
the following new sections 4-3.12(B) and 4-
development moratorium in the proposed
3.12(C)(1)(a), 4-3.12(C)(1)(c) and 4-
Southwest Arterial Corridor as requested by the
3.12(C)(2)(a):
City of Dubuque and the Iowa Department of
Section 4-3.12(B) SOD Boundary: The
Transportation and Zoning Advisory
Signage Overlay District (SOD) shall encompass
Commission recommending denial and
the land as indicated on Attachment A2 and on
communication from the City Manager in support
the official map of the city located in the
of the Southwest Arterial Corridor Moratorium,
Planning Services Office, City Hall, and is
presented and read. Buol moved that the proof
generally described as all land within six
and communication be received and filed.
hundred sixty feet (660’) of the westerly or
Seconded by Nicholson. Carried by the
northerly edge of the Freeway 61/151 right-of-
following vote: Yeas—Buol, Cline, Connors,
way, from Grandview Avenue north to and
Duggan, Michalski, Nicholson. Nays—
including Schmitt Island, and extending east to
Markham.
the city’s corporate limits, and including the area
lying east of the upper bluff line between
Kim Sanford spoke objecting to the proposed
excluding
Southern Avenue and First Street,
moratorium.
the area within the Port of Dubuque Planned
Unit Development (PUD).
An Ordinance Amending Appendix A (Zoning
Section 4-3.12(C)(1)(a): Area A on the official
Ordinance) of the City of Dubuque Code of
zoning map generally described as all the land
Ordinances by amending Section 4-4.2
in the SOD east of Locust Street from
regarding site plans, and by amending Section
north
Grandview Avenue north to Camp Street
6-1-5.5 regarding rezonings, to establish a
of the U.S. Highway 61/151 right-of-way and
moratorium for site plan and rezoning
the extension of Railroad Avenue
east of U.S.
applications in the Southwest Arterial Corridor,
east to the city’s corporate
61/151 right-of-way
presented and read.
limit.
Area C is eliminated
Section 4-3.12(C)(1)(c):
OFFICIAL PUBLICATION
as it lies entirely within the port of Dubuque
ORDINANCE NO. 33-02
PUD.
AN ORDINANCE AMENDING APPENDIX A
Section 4-3.12(C)(2)(a): Area X on the official
(ZONING ORDINANCE) OF THE CITY OF
zoning map generally described as all the land
170 Regular Session, April 15, 2002
DUBUQUE CODE OF ORDINANCES BY
permitted accessory structures to a single-family
AMENDING SECTION 4-4.2 REGARDING
dwelling or duplex, however, driveways to said
SITE PLANS, AND BY AMENDING SECTION
single-family and duplex dwellings shall be
6-1-5.5 REGARDING REZONINGS, TO
paved with a hard surface.
ESTABLISH A MORATORIUM FOR SITE
(2) Any change, alteration or modification in a
PLAN AND REZONING APPLICATIONS IN
structure or use which would require the
THE SOUTHWEST ARTERIAL CORRIDOR.
provision of additional off-street parking spaces,
Whereas, the Iowa Department of additional lot area, or other substantial change in
Transportation (IDOT) is engaged in a study of zoning requirements applicable to such structure
the Southwest Arterial Corridor, which will or use.
include the determination of a preferred (3) The construction or creation of any parking
alignment; and lot or the expansion of any existing parking lot.
Whereas, the IDOT has requested that the Section 2. Appendix A (Zoning Ordinance) of
City of Dubuque extend the development the City of Dubuque Code of Ordinances is
moratorium for the Southwest Arterial Corridor hereby amended by amending Section 6-1.5.5
for an additional 12 months; and as follows:
Section 6-1.5.5Moratorium B for rezonings in
Whereas, the City of Dubuque desires to
the Southwest Arterial Corridor
minimize potential development conflicts during
this study by enacting an additional twelve-In addition to the requirements of subsection
month development moratorium for the 6-1.5 of this Section, the City Council shall not
Southwest Arterial Corridor. give final approval to any reclassification
NOW THEREFORE, BE IT ORDAINED BY (rezoning) request for property in the Southwest
THE CITY COUNCIL OF DUBUQUE, IOWA: Arterial Corridor that lies within the corporate
Section 1. Appendix A (Zoning Ordinance) of limits of the City of Dubuque, as delineated on
the City of Dubuque Code of Ordinances is the attached drawing, during the twelve-month
hereby amended by amending Section 4-4.2 as period from the effective date of this Section,
follows: except where a vested right to the issuance of
Section 4-4.2. Application and Scope.
such approval accrued to any person, firm or
Moratorium B for site plans in the Southwest corporation as a matter of law prior to the
Arterial Corridor. effective date of this Section.
The City Planner shall not issue conditional or Section 3. This Ordinance shall take effect
final approval for any site plan filed for property upon publication, as provided by law.
in the Southwest Arterial Corridor that lies within Passed, approved and adopted this 15th day
the corporate limits of the City of Dubuque, as of April 2002.
delineated on the attached drawing, during the Terrance M. Duggan, Mayor
twelve-month period from the effective date of Attest: Jeanne F. Schneider, City Clerk
this Section, except where a vested right to the Published officially in the Telegraph Herald
nd
issuance of such approval accrued to any newspaper this 22 day of April, 2002.
person, firm or corporation as a matter of law Jeanne F. Schneider, City Clerk
prior to the effective date of this Section. 1t 4/22
Application and Scope of Site Plan Review Buol moved that the requirement that the
and Approval. proposed Ordinance be considered and voted
No building permit or occupancy permit shall on for passage at two Council Meetings prior to
be issued, and no construction, grading or other the meeting at which it is to be finally passed be
land development activity listed below may be suspended and further moved final
commenced on property unless a site plan has consideration and passage of the Ordinance.
been submitted and approved for such activity Seconded by Nicholson. Carried by the
as set forth in this Section. following vote: Yeas--Michalski, Nicholson, Buol,
Development activities subject to the Cline, Connors, Duggan. Nays--Markham.
requirements of this Section may hereafter be
carried out only in substantial conformance with An Ordinance No. 34-02 Amending Chapter 42
the approved site plan and any conditions or (Subdivision Regulations) of the City of Dubuque
restrictions attached thereto. Any substantial Code of Ordinances by amending Section 42-
deviation from the approved site plan, unless 16, to establish a moratorium for subdivision
approved in advance by the City Planner, shall plats in the Southwest Arterial Corridor,
be deemed a violation of this Ordinance. presented and read.
Development activities subject to site plan
review:
OFFICIAL PUBLICATION
(1) Construction or expansion of any building,
ORDINANCE NO. 34-02
structure or freestanding sign except single-
AN ORDINANCE AMENDING CHAPTER 42
family detached dwellings, duplexes and
(SUBDIVISION REGULATIONS) OF THE CITY
townhouses of not more than two (2) units and
Regular Session, April 15, 2002 171
OF DUBUQUE CODE OF ORDINANCES BY
Project to Portzen Construction in the amount of
AMENDING SECTION 42-16, TO ESTABLISH
$3,472,612.50, presented and read. Nicholson
A MORATORIUM FOR SUBDIVISION PLATS
moved that the proof and communication be
IN THE SOUTHWEST ARTERIAL CORRIDOR.
received and filed. Seconded by Michalski.
Whereas, the Iowa Department of Motion carried 7-0.
Transportation (IDOT) is engaged in a study of
RESOLUTION NO. 215-02
the Southwest Arterial Corridor, which will
RESOLUTION ADOPTING
include the determination of a preferred
PLANS AND SPECIFICATIONS
alignment; and
th
Whereas, the IDOT has requested that the Whereas, on the 20 day of February, 2002,
City of Dubuque extend the development plans, specifications, form of contract and
moratorium for the Southwest Arterial Corridor estimated cost were filed with the City Clerk of
for an additional 12 months; and Dubuque, Iowa for the Mississippi Riverwalk &
Whereas, the City of Dubuque desires to Amenities Project.
minimize potential development conflicts during Whereas, notice of hearing on plans,
this study by enacting an additional 12-month specifications, form of contract, and estimated
development moratorium for the Southwest cost was published as required by law.
Arterial Corridor. NOW THEREFORE, BE IT RESOLVED BY
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE CITY COUNCIL OF DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision Regulations) That the said plans, specifications, form of
of the City of Dubuque Code of Ordinances is contract and estimated cost are hereby
hereby amended by amending Section 42-16 as approved as the plans, specifications, form of
follows: contract and estimated cost for said
Section 42-16. Southwest Arterial Corridor improvements for said project.
Review:Passed, approved and adopted this 15th day
No plat for any subdivision or resubdivision of of April, 2002.
property in the Southwest Arterial Corridor, as Terrance M. Duggan, Mayor
delineated on the attached drawing, shall be Attest: Jeanne F. Schneider, City Clerk
approved by the City Council, Zoning Advisory Nicholson moved adoption of the Resolution.
Commission or City Planner during the twelve-Seconded by Michalski. Motion carried 7-0.
month period from the effective date of this
RESOLUTION NO. 216-02
Section, except where a vested right to the
AWARDING CONTRACT
issuance of such approval accrued to any
person, firm or corporation as a matter of law Whereas, sealed proposals have been
prior to the effective date of this Section. submitted by contractors for the Mississippi
Section 2. This Ordinance shall take effect Riverwalk Phase II & Amenities Project pursuant
upon publication, as provided by law. to Resolution No. 144-02 and notice to bidders
th
Passed, approved and adopted this 15 day of published in a newspaper published in the City
April 2002. of Dubuque, Iowa on the 26th of February, 2002.
Terrance M. Duggan, Mayor Whereas, said sealed proposals were opened
th
Attest: Jeanne F.Schneider, City Clerk and read on the 4 day of April, 2002, and it has
Published officially in the Telegraph Herald been determined that the bid of Portzen
nd
newspaper this 22 day of April, 2002. Construction, Inc. of Dubuque, Iowa, in the
Jeanne F. Schneider, City Clerk amount of $3,472,612.50 was the lowest bid for
1t 4/22 the furnishings of all labor and materials and
Buol moved that the requirement that the performing the work as provided for in the plans
proposed Ordinance be considered and voted and specifications.
on for passage at two Council Meetings prior to NOW THEREFORE, BE IT RESOLVED BY
the meeting at which it is to be finally passed be THE CITY COUNCIL OF THE CITY OF
suspended and further moved final DUBUQUE, IOWA:
consideration and passage of the Ordinance. That the contract for the above improvement
Seconded by Nicholson. Carried by the be awarded to Portzen Construction, Inc. and
following vote: Yeas--Michalski, Nicholson, Buol, the Manager be and is hereby directed to
Cline, Connors, Duggan. Nays--Markham. execute a contract on behalf of the City of
Dubuque for the complete performance of the
Mississippi Riverwalk and Amenities Project – work.
Award: Proofs of publication on notice of BE IT FURTHER RESOLVED:
hearing on plans and specifications and notice That upon the signing of said contract and the
to bidders on the receipt of bids, and City approval of the contractor’s bond, the City
Manager recommending award of the contract Treasurer is authorized and instructed to return
for the Mississippi Riverwalk and Amenities the bid deposits of the unsuccessful bidders.
172 Regular Session, April 15, 2002
th
Passed, approved and adopted this 15 day of NOW THEREFORE, BE IT RESOLVED BY
April, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk That the contract for the above improvement
Nicholson moved adoption of the Resolution. be awarded to the Flynn Company, Inc. and the
Seconded by Michalski. Motion carried 7-0. Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
Tanzanite Drive Paving Project – Award: complete performance of the work.
Proofs of publication on notice of hearing on BE IT FURTHER RESOLVED:
plans and specifications and notice to bidders on That upon the signing of said contract and the
the receipt of bids, and City Manager approval of the contractor’s bond, the City
recommending award of the contract for the Treasurer is authorized and instructed to return
Tanzanite Drive Paving Project to Flynn the bid deposits of the unsuccessful bidders.
th
Company, Inc. in the amount of $212,678.10, Passed, approved and adopted this 15 day of
presented and read. Nicholson moved that the April, 2002.
proofs and communication be received and filed. Terrance M. Duggan, Mayor
Seconded by Buol. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
RESOLUTION NO. 217-02
Seconded by Buol. Motion carried 7-0.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Operations and Maintenance Department Roof
th
Whereas, on the 13 day of March, 2002, Repair Project – Award: Proofs of publication on
plans, specifications, form of contract and notice of hearing on plans and specifications
estimated cost were filed with the City Clerk of and notice to bidders on the receipt of bids, and
Dubuque, Iowa for the Tanzanite Drive Paving City Manager recommending award of the
Project. contract for the Operations and Maintenance
Whereas, notice of hearing on plans, Department Roof Repair Project to Prism
specifications, form of contract, and estimated Corporation in the amount of $18,027.00,
cost was published as required by law. presented and read. Cline moved that the
NOW THEREFORE, BE IT RESOLVED BY proofs and communication be received and filed.
THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0.
DUBUQUE, IOWA:
RESOLUTION NO. 219-02
That the said plans, specifications, form of
RESOLUTION ADOPTING
contract and estimated cost are hereby
PLANS AND SPECIFICATIONS
approved as the plans, specifications, form of
contract and estimated cost for said Whereas, on the 15th day of April 2002, plans,
improvements for said project. specifications, form of contract and estimated
Passed, approved and adopted this 15th day cost were filed with the City Clerk of Dubuque,
of April, 2002. Iowa for the Operations and Maintenance
Terrance M. Duggan, Mayor Center’s Garage Roof Repair Project.
Attest: Jeanne F. Schneider, City Clerk Whereas, notice of hearing on plans,
Nicholson moved adoption of the Resolution. specifications, form of contract, and estimated
Seconded by Buol. Motion carried 7-0.1 cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 218-02
THE CITY COUNCIL OF THE CITY OF
AWARDING CONTRACT
DUBUQUE, IOWA:
Whereas, sealed proposals have been That the said plans, specifications, form of
submitted by contractors for the Tanzanite Drive contract and estimated cost are hereby
Paving Project pursuant to Resolution No. 177-approved as the plans, specifications, form of
02 and notice to bidders published in a contract and estimated cost for said
newspaper published in the City of Dubuque, improvements for said project.
nd
Iowa on the 22 day of March, 2002. Passed, adopted and approved this 15th day
Whereas, said sealed proposals were opened of April, 2002.
th
and read on the 4 day of April, 2002, and it has Terrance M. Duggan, Mayor
been determined that the bid of Flynn Company, Attest: Jeanne F. Schneider, CMC, City Clerk
Inc. of Dubuque, Iowa, in the amount of Cline moved adoption of the Resolution.
$212,678.10 was the lowest bid for the Seconded by Nicholson. Motion carried 7-0.
furnishings of all labor and materials and
RESOLUTION NO. 220-02
performing the work as provided for in the plans
AWARDING CONTRACT
and specifications.
Whereas, sealed proposals have been
submitted by contractors for the Operations and
Regular Session, April 15, 2002 173
Maintenance Center’s Garage Roof Repair income housing tax credit application will be filed
Project pursuant to Resolution No. 174-02 and with the Iowa Finance Authority for the
notice of bidders published in a newspaper development of a sixty-six (66) unit family rental
published in the City of Dubuque, Iowa on the housing project to be known as the Raven Hill
22nd day of March 2002. Apartments (“Raven Hill”) to be located on
Whereas, said sealed proposals were opened approximately 7.7 acres at Raven Oaks and
and read on the 9th day of April, 2002 and it has Crissy Drives, Dubuque, Iowa (“Property”);
been determined that the bid of Prism WHEREAS, the Property is legally described
Corporation of Kieler, Wisconsin in the amount as follows:
of $18,027.00 was the lowest bid for providing Lots 1, 2, 3, 4, 5 and 6 of Block 1; Lots 1, 2, 3, 4,
all labor and materials and performing the work 5 and 6 of Block 2; Lots 1, 2, 3, 4, 5 and 6 of
as provided for the plans and specifications. Block 3; Lots 1, 2, 3, 4, 5 and 6 of Block 4; Lots
NOW THEREFORE, BE IT RESOLVED BY 1, 2, 3, 4, 5 and 6 of Block 5; Lots 1, 2, 3, 4, 5
THE CITY COUNCIL OF THE CITY OF and 6 of Block 6; Lots 1, 2, 3, 4, 5 and 6 of Block
DUBUQUE, IOWA: 7; all in “Oak Brook Townhouses” in the City of
That the contract for the above improvement Dubuque, County of Dubuque, Iowa, according
be awarded to Prism Corporation and the City to the recorded Plat thereof.
Manager be and is hereby directed to execute a Lots 7, 7a, 8, 8a, 9, 10, 10a, 11, 12, 13 , 14 and
contract on behalf of the City of Dubuque for the Lot 1 of Lot 15 in “Oakbrook Development” in
complete performance of the work. the City of Dubuque, Iowa, according to the
BE IT FURTHER RESOLVED: recorded Plat thereof consisting of
That upon the signing of said contract and the approximately 7.7 acres located in Dubuque
approval of the contractor’s bond, the City County;, Dubuque, Iowa.
Treasurer is authorized and instructed to return WHEREAS, Raven Hill units will be targeted
the bid deposits of the unsuccessful bidders. for family housing; and
Passed, approved and adopted this 15th day WHEREAS, Raven Hill will be a new
of April, 2002. construction project built on a vacant parcel of
Terrance M. Duggan, Mayor land;
Attest: Jeanne F. Schneider, CMC, City Clerk WHEREAS, Raven Hill will have the following
Cline moved adoption of the Resolution. amenities:
Seconded by Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Nicholson moved that the rules be reinstated DUBUQUE, IOWA:
limiting discussion to the Council. Seconded by Section 1. The City supports the application of
Buol. Motion carried 7-0. Raven Hill Apartments for Affordable Housing
Tax Credits, subject to necessary public
ACTION ITEMS hearings, ordinances and building permits.
Section 2. This resolution shall remain
Arbor Glen Apartments – Resolution of effective until 1 June 2002. In the event that any
Support: Communication from David T. Steele of the above-listed characteristics of Raven Hill
regarding the project and requesting a resolution should materially change prior to the issuance of
of support for the Arbor Glen Apartments, a building permit, this resolution shall be null and
presented and read. (This item was discussed void.
th
by the City Council at the January 7, 2002 Passed, approved and adopted this 15 day of
meeting. The motion at that meeting was to April, 2002.
receive and file the request and refer the matter Terrance M. Duggan, Mayor
to staff.) City Manager providing additional Attest: Jeanne F. Schneider, City Clerk
information regarding the Raven Oaks proposal, Michalski moved adoption of the Resolution.
presented and read, presented and read. Seconded by Connors. Carried by the following
Michalski moved that the communications be vote: Yeas—Markham, Michalski, Nicholson,
received and filed. Seconded by Connors. Buol, Connors. Nays-Cline. Abstain—Duggan.
Carried by the following vote: Yeas—Markham,
Michalski, Nicholson, Buol, Connors. Nays-Library Annual Report: Library Director Susan
Cline. Abstain—Duggan. Henricks presenting the annual report for
Carnegie Stout Public Library, presented and
RESOLUTION NO. 221-02
read. Michalski moved that the communication
A RESOLUTION OF SUPPORT FOR THE
be received and filed. Seconded by Connors.
DEVELOPMENT OF A RENTAL HOUSING
Motion carried 7-0.
PROJECT TO BE KNOWN AS RAVEN HILL
APARTMENTS
Code of Ordinance Amendment -
WHEREAS, the City of Dubuque, Iowa has Skateboards: City Manager recommending
been informed by MWF Properties that a low approval of an amendment to the Code of
174 Regular Session, April 15, 2002
Ordinances prohibiting the use of skateboards the public hearing on the White Street
and other non-motorized conveyances in Reconstruction Project, presented and read.
designated areas identified by the Park and Michalski moved to receive and file the
Recreation Advisory Commission, presented communication and to amend the project as
nd
and read. Buol moved that the communication follows: 1. Narrow White St. to 37 feet in the 22
th
be received and filed. Seconded by Markham. to 24 Street blocks; 2. Stay with the 8” of
Motion carried 7-0. concrete; 3. Implement better signage for truck
st
route turn at 21 Street. Seconded by Connors.
An Ordinance Amending Section 32-251(a) of Motion carried 7-0.
the City of Dubuque Code of Ordinances
nd
prohibiting the use of bicycles, motorcycles, etc. Building Permit Moratorium – 32 Street
in parks by adding thereto a prohibition on the Detention Basin: City Manager recommending
use of skateboards and other non-motorized the establishment of an 18month building permit
nd
conveyances, presented and read. moratorium surrounding the existing West 32
Street Detention Basin, presented and read.
Nicholson moved that the communication be
OFFICIAL PUBLICATION
received and filed. Seconded by Buol. Motion
ORDINANCE NO. 35-02
carried 7-0.
AMENDING SECTION 32-251(a) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES
An Ordinance Amending Chapter 11 (Buildings
PROHIBITING THE USE OF BICYCLES,
and Building Regulations) of the City of
MOTORCYCLES, ETC. IN PARKS BY ADDING
Dubuque Code of Ordinances by adding Section
THERETO A PROHIBITION ON THE USE OF
11-58.4 to the City of Dubuque Code of
SKATEBOARDS AND OTHER NON-
Ordinances by establishing an eighteen month
MOTORIZED CONVEYANCES.
moratorium on the issuance of permits for work
NOW, THEREFORE, BE IT ORDAINED BY
nd
in the West 32 Street detention basin area,
THE CITY COUNCIL OF THE CITY OF
presented and read.
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of
OFFICIAL PUBLICATION
Ordinances Section 32-251(a) is hereby
ORDINANCE NO. 36-02
amended to read as follows:
AN ORDINANCE AMENDING CHAPTER 11
Sec. 32-251. Use Of Bicycles, Motorcycles,
(BUILDINGS AND BUILDING REGULATIONS)
Etc. In Parks:
OF THE CITY OF DUBUQUE CODE OF
(a) The use of bicycles, skateboards, and
ORDINANCES BY ADDING A NEW SECTION
other non-motorized conveyances, and
11-58.4 ESTABLISHING AN EIGHTEEN-
motorcycles, motor scooters, go-carts, cars,
MONTH MORATORIUM ON THE ISSUANCE
trucks and other motor-driven vehicles other
ND
OF PERMITS FOR WORK IN THE WEST 32
than those vehicles engaged in authorized park
STREET DETENTION BASIN AREA
maintenance and security in any park, recreation
Whereas, the City Council of the City of
facility, or trail may be prohibited by the Park
Dubuque, Iowa has directed its Engineering
and Recreation Advisory Commission.
Department to design an expanded detention
Section 2. This ordinance shall take effect
basin and facility for certain areas of the City,
upon publication.
which will include the purchase of property
Passed, approved and adopted this 15th day
necessary for said expansion; and
of April, 2002.
Whereas, the Engineering Department has
Terrance M. Duggan, Mayor
requested that the City Council adopt a
Attest: Jeanne F. Schneider, City Clerk
moratorium for an eighteen-month period to
Published officially in the Telegraph Herald
nd
allow the Engineering Department to design the
newspaper this 22 day of April, 2002.
detention basin and facility; and
Jeanne F. Schneider, City Clerk
Whereas, the City Council believes that it is in
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the best interests of the City and its citizens to
Buol moved that the requirement that a
minimize inconvenience and disruption to
proposed Ordinance be considered and voted
property owners in the proposed detention basin
on for passage at two Council Meetings prior to
and to minimize property acquisition costs
the meeting at which it is to be finally passed be
during the design of the detention facility and
suspended and further moved final
nd
basin and that a moratorium for the West 32
consideration and passage of the Ordinance.
Street Detention Basin Area should be adopted.
Seconded by Markham. Motion carried 7-0.
NOW, THEREFORE, BE IT ORDIAINED BY
THE CITY COUNCIL OF THE CITY OF
White Street Reconstruction Project: City
DUBUQUE, IOWA:
Manager providing follow-up information on
questions left unanswered at the conclusion of
Regular Session, April 15, 2002 175
Section 1. Chapter 11 (Buildings and Building vote: Yeas—Cline, Connors, Duggan, Markham,
Regulations) of the City of Dubuque Code of Michalski, Nicholson. Nays--Buol. Cline moved
Ordinances is hereby amended by adding the to receive and file the communication and
following new Section 11-58.4: approve as amended. Seconded by Nicholson.
Section 11-58.4 Moratorium – for work in the Motion carried 7-0.
nd
West 32 Street Detention Basin Area. The
Building Official shall not issue any permit for Iowa Department of Transportation:
any new construction or substantial Communication from Mark Wandro, Director of
enlargement, alteration, repair or remodeling, the Iowa Department of Transportation,
but not including demolition, of any structure, requesting the City to write the Surface
nd
building, or sign in the West 32 Street Transportation Board (STB) urging that the
Detention Basin Area as shown on the map on potential merger of the Dakota Minnesota and
th
file in the Office of the City Clerk, 50 W. 13 Eastern Railroad (DME) and the I & M Rail Link
Street, Dubuque, Iowa, during the period from be viewed as significant and engage a full
the date of publication of this ordinance to regulatory process when an application is
October 1, 2003, except where a vested right to submitted, presented and read. Michalski
the issuance of such permit accrued prior to moved that the communication be received and
April 18, 2002. filed and directed that a letter be sent to the STB
Section 2. This Ordinance shall take effect stressing the above viewpoint. Seconded by
upon publication, as provided by law. Nicholson. Motion carried 7-0.
th
Passed, approved and adopted this 15 day of
April, 2002. ITEMS TO BE SET FOR PUBLIC HEARING
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Education and Conference Center – Bid
Published officially in the Telegraph Herald Package #1: City Manager recommending
nd
newspaper this 22 day of April, 2002. initiation of the bidding process for the Education
Jeanne F. Schneider, City Clerk and Conference Center Bid Package #1 Project
1t 4/22 and setting a public hearing for May 20, 2002,
Buol moved that the requirement that a presented and read. Michalski moved that the
proposed Ordinance be considered and voted communication be received and filed.
on for passage at two Council Meetings prior to Seconded by Buol. Motion carried 7-0.
the meeting at which it is to be finally passed be
RESOLUTION NO. 222-02
suspended and further moved final
PRELIMINARY APPROVAL OF
consideration and passage of the Ordinance.
PLANS AND SPECIFICATIONS
Seconded by Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
Environmental Assessment – Southwest THE CITY COUNCIL OF THE CITY OF
Arterial: City Manager recommending that the DUBUQUE, IOWA:
City participate in the environmental assessment That the proposed plans, specifications, form
for the Southwest Arterial Corridor in the amount of contract and estimated cost for the Education
of $59,400; communication from Donna Smith, and Conference Center – Bid Package #1, in the
Chairperson of the Dubuque County Board of estimated amount of $2,110,500.00, are hereby
Supervisors, advising that they have approved approved and ordered filed in the office of the
participation in the environmental assessment City Clerk for public inspection.
for the Southwest Arterial Corridor in the amount Passed, approved and adopted this 15th day
of approximately $59,400.00; and of April, 2002.
communication from DMATS supporting the Terrance M. Duggan, Mayor
environmental assessment for the Southwest Attest: Jeanne F. Schneider, City Clerk
Arterial, presented and read. Markham moved Michalski moved adoption of the Resolution.
that the communications be received and filed Seconded by Buol. Motion carried 7-0.
and approved recommendation. Seconded by
RESOLUTION NO. 223-02
Nicholson. Motion carried 7-0.
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Monument Design – Bell and Fifth Streets:
City Manager recommending approval of the Whereas, the City Council of the City of
design for the monument to be placed at Bell Dubuque, Iowa has given its preliminary
and Fifth Streets in the Port of Dubuque, approval on the proposed plans, specifications,
presented and read. Michalski moved that they and form of contract and placed same on file in
approve the recommendation for design with no the office of the City Clerk for public inspection
artwork and if artwork is included it would be of the Education and Conference Center – Bid
stationary, and that interior lighting be used. Package #1.
Seconded by Nicholson. Carried by the following
176 Regular Session, April 15, 2002
NOW THEREFORE, BE IT RESOLVED BY Contract between the City and Interstate Power
THE CITY COUNCIL OF THE CITY OF and Light Company for the substitution of Lot 6
DUBUQUE, IOWA: for Lot 5 in the sale of property in the Dubuque
That on the 20th day of May, 2002, a public Industrial Center West, presented and read.
hearing will be held at 6:30 p.m. in the Public Michalski moved that the communication be
Library Auditorium at which time interested received and filed. Seconded by Buol. Motion
persons may appear and be heard for or against carried 7-0.
the proposed plans and specifications, form of
RESOLUTION NO. 225-02
contract and cost of said improvement, and the
RESOLUTION OF INTENT TO DISPOSE OF
City Clerk be and is hereby directed to cause a
AN INTEREST IN REAL PROPERTY BY
notice of time and place of such hearing to be
AMENDMENT TO DEVELOPMENT AGREE-
published in a newspaper having general
MENT AND REAL ESTATE CONTRACT
circulation in the City of Dubuque, Iowa, which
BETWEEN THE CITY OF DUBUQUE, IOWA
notice shall be not less than four days nor more
AND INTERSTATE POWER AND LIGHT
than twenty days prior to the day fixed for its
COMPANY.
consideration. At the hearing, any interested
person may appear and file objections to the WHEREAS, the City OF Dubuque, Iowa (City)
proposed plans, specifications, contract, or and Interstate Power and Light Company
estimated cost of the improvement. (Developer) are parties to a Development
Passed, approved and adopted this 15th day Agreement dated as of November 19, 2001 with
of April, 2002. respect to the purchase and construction of
Terrance M. Duggan, Mayor certain Minimum Improvements on the
Attest: Jeanne F. Schneider, City Clerk Development Property described therein, which
Michalski moved adoption of the Resolution. includes Lot 5 of Dubuque Industrial Center
nd
Seconded by Buol. Motion carried 7-0. West 2 Addition in the City of Dubuque, Iowa;
and
RESOLUTION NO. 224-02
WHEREAS, the Developer desires and the
ORDERING BIDS
City agrees to substitute Lot 6 for Lot 5 Dubuque
nd
NOW THEREFORE, BE IT RESOLVED BY THE Industrial Center West 2 Addition in the City of
COUNCIL OF THE CITY OF DUBUQUE, IOWA: Dubuque, Dubuque County, Iowa, as provided in
That the Education and Conference Center–the Development Agreement pursuant to the
Bid Package #1 is hereby ordered to be Amendment to Development Agreement
advertised for bids for construction. attached hereto; and
BE IT FURTHER RESOLVED, that the amount WHEREAS, the City and the Developer are
of the security to accompany each bid shall be in parties to a Real Estate Contract dated as of
an amount which shall conform to the provisions December 21, 2001, recorded as Instrument No.
of the notice to bidders hereby approved as a 384-02, Dubuque County, Iowa, with respect to
part of the plans and specifications heretofore the purchase of the following described real
adopted. property situated in Dubuque County, Iowa:
That the City Clerk is hereby directed to Lot 2, Lot 3 and Lot 5 of the Dubuque
nd
advertise for bids for the construction of the Industrial Center West 2 Addition in
improvements herein provided, to be published the City of Dubuque, Iowa; and
in a newspaper having general circulation in the WHEREAS, the Developer desires and the
City of Dubuque, Iowa, which notice shall not be City agrees to substitute Lot 6 for Lot 5 Dubuque
nd
less than four days nor more than forty-five days Industrial Center West 2 Addition in the City of
prior to the receipt of said bids at 2:00 p.m. on Dubuque, Dubuque County, Iowa, as provided in
th
the 9 day of May, 2002. Bids shall be opened the Real Estate Contract, pursuant to the
and read by the City Clerk at said time and will Amendment to Real Estate Contract attached
be submitted to the Council for final action at hereto.
th
6:30 p.m. on the 20 day of May, 2002. NOW, THEREFORE, BE IT RESOLVED BY
th
Passed, approved and adopted this 15 day of THE CITY COUNCIL OF THE CITY OF
April, 2002. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor Section 1. The City of Dubuque intends to
Attest: Jeanne F. Schneider, City Clerk dispose of its interest in the foregoing-described
Michalski moved adoption of the Resolution. real property by Real Estate Contract to Interstate
Seconded by Buol. Motion carried 7-0., Power and Light Company.
Section 2. The City Clerk is hereby authorized
Interstate Power and Light Company – and directed to cause this Resolution and a notice
Development Agreement: City Manager to be published as prescribed by Iowa Code
recommending that a public hearing be set for Section 364.7 of a public hearing on the City's
May 6, 2002 to consider an amendment to the intent to dispose of the foregoing-described
Development Agreement and Real Estate Property, to be held on May 6, 2002 at 6:30
Regular Session, April 15, 2002 177
o'clock p.m. at the Carnegie-Stout Public Library
th
Auditorium, 360 W. 11 Street, Dubuque, Iowa.
th
`Passed, approved and adopted this 15 day of Approved:__________________________2002
April, 2002.
Terrance M. Duggan, Mayor Adopted:___________________________2002
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0. ______________________________________
Mayor
Fiscal Year 2002 Second Budget Amendment:
City Manager recommending that a public ______________________________________
hearing to consider the Fiscal Year 2002
Second Budget Amendment be set for May 6, ______________________________________
2002 presented and read. Michalski moved that
the communication be received and filed. ______________________________________
Seconded by Buol. Motion carried 7-0.
______________________________________
RESOLUTION NO. 226-02
RESOLUTION DIRECTING THE CITY CLERK
______________________________________
TO PUBLISH PROPOSED AMENDMENT TO
THE FISCAL YEAR 2002 BUDGET AND DATE
______________________________________
OF PUBLIC HEARING
Council Members
Whereas, it is proposed that the City of
Dubuque amend its Fiscal Year 2002 budget; Attest:
and
Whereas, Section 384.16 of the Code of Iowa ______________________________________
stipulates that a public hearing must be held on City Clerk
such a budget amendment.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk by and is
hereby authorized and directed to publish notice
of public hearing on an amendment to the
adopted budget for the City of Dubuque, Iowa.
Passed, approved and adopted this 15th day
of April 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set Public Hearing for 5/6/02 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 Buol. Motion carried 7-0.
There being no further business, Cline moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 11:27
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 4/24