Council Proceed February 2003Regular Session, February 3, 2003 23
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, February 3,
2003
Council Met in Regular Session at 6:30 P,M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Ctine. Connors. Markham, Michalski,
Nicholson City Manager Michael Van Milligen,
Corporation Counsel Barry LindahL
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend Ken Bickel,
Pastor, First Congregational Church of Chdst.
CONSENT ITEMS
Minutes and Reporm Submitted: Cable
Community Telepmgramming Commission of
12/3: City Counci of 1/20; Community
Developmen~ Advisory Commission of 1/8;
Historic Preservation Commission of 1/16;
Investment Oversight Advisory Commission of
1/23; Human Rights Commission of 12/9; Park
and Recreatior Commission of 1/14, presented
and read. Buol moved [hat the minutes be
received and filed. Seconded by Markham.
Motion carried 7-0.
Pdnted Official Council Proceedings for
December, 2002. presentec and read. Buol
moved that the proceedings be approved as
printed. Seconded by Markham. Motion carried
7-0.
Proofs of publication of Council Proceedings
for January 6, 2003 an~ List of Claims and
Summary of Revenues for December 31, 2003,
presented and read. Buo moved that the
proofs be received ana filed. Seconded by
Markham. Motion carried 7-0.
investment Oversight Commission submitting
the 39~ quarterly report, presented and read.
Buol moved that the report be received and filed.
Seconded by Markham. Motion carded 7-0.
Notice of Claims/Suits: Mary Criss for
3roper~ damage; Brooke N. Gassman for
vehicle damage; Carol Krueger for personal
injury; Joseph Melssen for ~roperty damage;
Mary Ransdell vs. City of Dubuque; Catherine A.
Steffen for vehicle damage, presented and read.
Buol moved that the claims and suits be referred
to the Legal Staff for investigation and report.
Seconded by Markham. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Janice
Hoerner for personal injury; Carol Krueger for
personal injury; and Patricia Morrison for
personal injury, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Markham,
Motion carried 7-0.
Corporation Council recommending settlement
of the claim of Catherine Steffen for vehicle
damage and directing the Finance Director to
issue payment, presented and read, Buol
moved that the communication be received and
filed and directed Finance Director to issue
payment. Seconded by Markham, Motion
carded 7-0.
Corporation Counsel recommending denial of
the claim of Damian Baumhover for property
damage, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Elmwood Green Subdivision: City Manager
recommending acceptance of the public
improvements in EImwood Green Subdivision
which the developer, Joe Graham, has recently
completed, presented and read. Buol moved
that the communication be received and flied.
Seconded by Markham. Motion carded
RESOLUTION NO. 31-03
ACCEPTING IMPROVEMENTS IN ELMWOOD
GREEN SUBDIVISION
Whereas, pursuant to Resolution No. 201-97
certain improvements including street paving,
storm sewers, stormwater detention, sanitary
sewers and watermain and street lighting were
installed by the developer of E[mwood. Green
Subdivision; and
Whereas, the improvements have been
completed and the City Manager has examined
the work and has filed a certificate stating that
the same has been completed in accordance
with the plans approved by the City Council and
in conformance with City specifications, and has
recommended that the improvements be
accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
24 Regular Session, February 3, 2003
mDrevements in EImwood Green Subdivision be
and the same is hereby accepted.
Section 2. That maintenance of said
momvements shall De [ne responsibility of the
contractor and the owner for a period of two
years from this date.
Passec approved and adopted this 3r° day of
February, 2003
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol morea aaopfion of the Resolution.
Seconded by Markham. Motion carded 7-0
Klauer Manufacturing Company Property:
Corporation Council recommending acceatance
of the deed to 0.529 acres of properly from
Klauer Manufacturing Company located in the
Port of Dubuque, presented and read. Buol
moveo that the communication be received anc
filed. Seconded by Markham. Motion carded 7-
0.
RESOLUTION NO. 32-03
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
KLAUER MANUFACTURING COMPANY
WHEREAS. the City of Dubuque entered into
an Agreement with Klauer Manufacturing
Company for the purchase of the following
described real propert7 in Dubuque County,
iowa:
Lots numbered 20 to 30, both inclusive, in Block
21. Dubuoue Harbor improvement Company's
Addition. ir the City of Dubuque, Iowa.
according to the recorded Plat thereof,
AND WHEREAS. the terms of the Agreement
have now been met.
NOW, THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Deed from Klauer Manufacturing Company, a
cop~. of which is attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the Deed
with the Dubuque County Recorder.
Passed, approved and adooted this 3rd day of
February, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adootion of the Resolution.
Seconded by Markham. Motion carded 7-0.
House File 2 - Property Tax Valuations: City
Manager submitting a etter to State
Reeresentative Gene Manteroach requesting
that he oppose House File 2 related to propert7
tax valuations, presented and read. Buol moved
that the communication be "eceived and filed.
Seconded by Markham. Motion carried 7-0.
House File 25 - Property Tax Limitation: City
Manager submitting a letter to State
Representative Steve Lukan requesting that he
oppose House File 25 regarding Property Tax
Limitation legislation, presented and read. Buoi
morea that the communication be received and
filed. Seconded by Markham. Motion carded 7-
0.
28E indemnification Agreement with Dubuque
Community School Disthct: City Manager
recommending approval of a 28E
Indemnification Agreement between the City and
the Dubuque Community School District for use
of each other's facilities, presente¢ an¢ read.
Buol movec that the communication be received
ano filed and approved Agreement. Seconded
by Markham. Motion carried 7-0.
Dubuque Local Flood Protection Project
Continuing Eligibility Inspection: City Manager
submitting a letter from Terry Tieger, Chief
Emergency Management Division. Deaar~ment
of the Army. to John Klosterman advising that
the City's Local Flood Protection Project
Continuing Eligibility Inspection performed on
November 22. 2002 was considered Acceptable.
presented and read. Buoi moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Tri-State Community Health Center: City
Manager recommending approval of a letter of
SUDDOrt from the City for a Federally Qualified
Community Health Center Application
Dresented and read. Buol moved that me
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carded 7-0.
National League of Cities Legal Defense Fund:
City Manager submitting a letter from Donald
Borut. Executive Director of the National League
of Cities ane recommending approval of a
reuuest for a contribution to participate in the
NLC Legal Defense Fund. presented and read.
Buol moved that the communication be received
and filed and approved. Seconded by Markham.
Motion carded 7-0.
Demolition Request: Historic Preservation
Commission recommending approval of a
request from the City of Dubuoue to demolish a
metal warehouse located at 380 East 4m Street
in the Port of Dubuque, oresented arm 'eao.
Buol moved that the communication be received
and fiiec and approved 'ecommendation.
Seconded by Markham. Motion carded 7-0.
George W. Rogers Company Shot Tower:
Historic Preservation Commission
recommending approval of the nomination of the
Regular Session, February 3, 2003 25
George W. Rogers Company Shot Tower
(located at Commercial Street and
Riverfrent~ to the National Register of Historic
Places, and communication from the State
Historical Society of iowa to [he Mayor of
Dubuque regarding the George W. Rogers
Company Shot Tower. presented and reae.
Buol moved that the communications be
received anc fl~ed and approved nominafion.
Seconded by Markham. Motion carded 7-0.
Fiber Optic Connection Between City Hall and
Pod of Dubuque Area: City Manager
recommending approval of an agreement with
the Canadian National Railroad for [he
installation of a four-inch conduit underneath the
railroad tracks at Fourth and White Streets to
provide a fiber optic connectior between City
Hall and the Port of Dubuque, presented and
read. Buoi moved that the communication ~e
received and filed. Seconded by Markham,
Motion carried 7-0.
RESOLUTION NO. 33-03
RESOLUTION APPROVING AGREEMENT
FILE NUMBER P-8474 WITH THE CANADIAN
NATIONAL RAILROAD RELATING TO THE
INSTALLATION OF A FOUR-INCH PVC FIBER
OPTIC CONDUIT
Wherea~, the City of Dubuque is proposing to
install a four-inch PVC fiber optic conduit from
4TM and Iowa Streets to the Pod of Dubuque
area; and
Whereas. Canadian National Railroad (CN)
has prepared an agreement outlining the terms
under which the conduit would be extended: and
Whereas. the City Council of the City of
Dubuque approves the terms and conditions of
said agreement.
NOW. THEREFORE. BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Sectio~ 1. That Canadian National Railroad
Agreement File Number P-8474 ;onsists of the
agreement providing for the City to install a four-
inch PVC fiber optic conduit within the Canadian
National Railroad right-of-way at ,~" and White
Streets.
Section 2. That the Mayor be authorized and
directed to execute two cop~es of Agreement
File Number P-8474 with the Canadian National
Railroad,
Passed. adopted and approved this 3r~ day of
February, 2003.
Terrance M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoetion of the Resolution.
Seconded by Markham. Motion carded 7-0.
Fiscal Year 2003 Budget Form Conversion:
City Manager recommending approval of the
conversion of the Fiscal Year 2003 budget and
Fiscal Year 2002 actual expenses and revenues
[oa new format as required by the State pdor to
any action being taken on the Fiscal Year 2004
budget, presented and read. Buol moved that
the communication be received anc filed.
Seconded by Markham. Motion carded 7-0.
26 Regular Session,
RESOLUTION No. 34-03 ~ate BudgetAdopted: March 5, 2002
Fiscal Year Ending June 30, 2003
Retain a copy for the city's records and mail 2 signed copies to your county auditor.
FY 2003 Total Budget as certified or last amended Total Budget after Conversion
Buol movea adoption of the Resolution,
Seconded by Markham. Motion carned 7-0.
Regular Session, February 3, 2003 27
Logo Design Services for the Grand River
Center: City Manager recommending approval
of McCuliough Creative Group for design of the
identity package for the Grand River Center,
presented and read. Buo movea that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
The Dubuque Audubon Society:
Communication from Wayne Buchholtz,
President of the Dubuque Audubon Society,
regarding the prooosed condominium complex
development a[ 2800 Rhomberg Avenue.
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Memorandum of Understanding with Dubuque
County Extension District: City Manager
recommending approval of a Memorandum of
Understanding with the Dubuque County
Agricultural Extension District to provide
counseling services [or home purchase
education to HUD Family Self-Sufficiency
Program families, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
U.S. Department of Housing and Urban
Development: Communication from Gregory A.
Bevirt. U.S. Department of Housing and Urban
Development, regarding the City's Community
Development Block Grant Program, presented
and read. Buoi moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Federal Emergency Management Agency:
Communication from Congressman Jim Nussle
advising that he has contacted the Federal
Emergency Management Agency requesting
any options available [or obtaining additional
assistance in the acquisition of commercial
property damaged in the June 2002 flooding,
presented and read. E~uol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
~3usiness Licenses:
RESOLUTION NO. 35-03
BEER
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas. the premises to be occupied by
such applicants were inspected one found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE. BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Hifi St Plaza. nc. Oky Doky # 8+
(Sunday Sale) 535 Hill St
Awn Stho Mart, Inc. Awn Stop Mart+
(Sunday Sale) 1998 Jackson St.
Passed. approved and adopted this 3rd day of
February, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moveo adoption of the Resolution.
Seconded by Markham. Motion carded 7-0.
RESOLUTION NO. 36-03
Whereas, applications for Liouor Licenses
have been submitted to this Council for approval
ana the same nave been examined and
approved; an(]
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws anc al City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS 'B" (HOTEL/MOTEL) LIQUOR LICENSE
Dubuque Inn Corp Best Western Dubuque Inn+
(Sunday Sale) 3434 Dodge St
CLASS"C' BEER/LIQUOR LICENSE
James Goetzinger Goetz's+
(Sunday Sale) 2776 Jackson
Pueateri Entarpdses Pusatari's+
(Sunday Sale) 2400 Central
Melvin Sp[egelhaiter The Clubhouse
2364 Washingron
~assed. approved and adopted this 3~ day of
February, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Markham. Motion carded 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Carnegie Stout Public Library Roof
Replacement Project: City Manager
recommending initiation of the public bidding
process for the Carnegie Stout Public Library
Roof Replacement Project anc that a public
hearing be set for March 17. 2003. uresentad
and read. Michalski movea that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
28 Regular Session, February 3, 2003
RESOLUTION NO. 37-03
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW TRERFORE, BE iT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
That the proposea ~lans, specifications, form
of contract and estimated cost for the
Replacement of the Library 1980 Addition Roof,
in the estimated amount of $75,129 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed. approved aha aaopted this 3r° day of
February 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F Schneider. City Clerk
Vlichalski move(: aaontion of the Resolution.
Secondea by Markham. Motion carried 7-0.
RESOLUTION NO. 38-03
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, saecifications.
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Replacement of the Library 1980 Addition
Roof.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE. IOWA:
That on the 17~ day of March. 2003. a public
hearing will be hale at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and 2ost of said improvement and rne
City Clerk be and is hereby directed to cause a
notice of time and olace of suct~ headng to be
published in a newspaper having general
circulation in the City of Dubuoue, Iowa, which
notice shall be not less than four days nor m6re
than twenty days prior to the day fixed for is
consideration. At [ne hearing, any interested
persol' may appear anc file objections [o the
proposed DJans. specifications, contract, or
estimated cost of the improvement.
Passed. approveo and adopted this 3ra day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set date of hearing for 3/17/03 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
Markham. Motion carried 7-0.
RESOLUTION NO. 39-03
ORDERING BIDS
NOW. THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA;
That the REPLACEMENT OF THE LIBRARY
1980 ADDITION ROOF is hereby ordered to be
advertised for bids.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby appmvea as a
par[ of the plans and specifications nererofora
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
mprovements neram provided, to be published
in a newspaper having general cimulation in the
City of Dubuque, Iowa, which notice shall not be
less than four aays nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the ,~th aay of March 2003. Bids shall be
opened and teac Dy the City Clerk a[ said time
an(: will be submitted to the Council for final
acbon at 6:30 p.m. on the 17m day of Mamh.
2003.
Passed. approved and adopted the 3r° day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Micha[ski movea aaoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Commissions:
COMMUNITY DEVELOPMENT ADVISORY
COMMISSION: (Three unexpired 3-year terms
for Census Tracts 2, 3 and 4; One 3-year term
for At-Large - Term of Wainwright; One 3-year
term for Census Tract I - Term of senhaK):
Applicant: Thomas Wainwright. Michalski
moved that Mr, Wainwright be reappointed to a
three year term which will expire 2/15/06.
Seconded oy Connors. Motion carried 7-0.
TV CABLE COMMUNITY TELEPRO-
GRAMMING COMMISSION: (Two unexpired 3-
year terms through 6/30/03; One unexpired 3-
year term through 6/30/05); Applicant: Burton
Evedst. Markham moved that Mr. Everist be
appointed to an unexpired three year term which
will expire 6/30/05. Seconded by Michalski.
Motion carried 7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to speak. Seconded by
Nicholson. Motion carried 7-0.
Regular Session, February 3, 2003 29
Disposal of Property to Dubuque Initiatives:
Proof of publication on notice of headng to
consider the disposal of real properb, in the Port
of Dubuque to Dubuque Initiatives and City
Manager recommending approval, presented
and read. Cline moved that the proof be
received and filed. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 40-03
RESOLUTION APPROVING DISPOSITION OF
REAL PROPERTY BY DEED TO DUBUQUE
INITIATIVES
Whereas, the City of Dubuque (City) has
entered into an Offer to Buy Real Estate and
Acceptance with Dubuque Initiatives. which
requires City to convey the fo[towing-described
property (the Property) to Dubuque Initiatives by
deed upon acquisition of the Property by City:
Lots numbered 20 to 30, both inclusive, in Block
21, Dubuque Harbor lmprovemeru Company's
Addition, in the City of Dubuque, Iowa,
according to the recorded Plat thereof; and
Whereas, City has now acquired the property
from Klauer Manufacturing Company; and
Whereas, on February 3, 2002. the City
Council pursuant to notice published as required
by law, held a public headng on its intent to
dispose of the property and overruled all
objections thereto; and
Whereas, the City Council finds that it is in the
best interest of the City to approve the
disposition of the Property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, towa, approves the disposition of the
above-described property by deed to Dubuque
Initiatives, a copy of which is attached hereto,
pursuant to the Offer to Buy Real Estate and
Acceptance between City and Dubuque
Initiatives.
Section 2. The Mayor is hereby authorized
and directed to sign the deed on behalf of the
City of Dubuque to be delivered to Dubuque
Initiatives.
Passed, approved and adopted this 3ra day of
February, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Tanzanite Ddve Right-of-Way - Annexation
Request: Proof of publication on notice of
headng to consider a voluntary annexation
request from the City of Dubuque for two parcels
that compdse a portion of the right-of-way for
Tanzanite Ddve and City Manager
recommending approval, presented and read.
Buol moved that the proof aec communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 41-03
RESOLUTION ANNEXING CERTAIN
TERRITORY TO THE CITY OF DUBUQUE.
IOWA
Whereas, the City of Dubuque, property
owner, has voluntarily petitioned for annexation
of approximately three acres of propers' lying
outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit A: and
Whereas. the Chapter 386 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by adoption of a
resolution after notification as required by State
Regulations; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Proposed Future Land Use Map of the
Comprehensive Plan: and
Whereas, the future growth and develooment
of the City ~f Dubuque. Iowa. make ~t desirable
that said property oe maae a oart of the City of
Dubuque. Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1. That the territorial limits of
Dubuque, Iowa ~e and they hereby are
extended to include the property shown in
Exhibit A and legally described in Exhibit B.
Section 2. The territory hereby annexed shall
become a part of the Thirteenth Precinct of the
Third Ward of the City of Dubuque. Iowa.
Section 3. That the City Clerk shall file this
resolution= all exhibits and the petition for
voluntary annexation with the State of Iowa in
accordance with State Regulations.
Passed, approved and adopted this 3rd day of
February 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Tara Winger: Communicatior from Tara
Winger requesting to address the Council. Ms.
Winger was not in attendance.
Street Closure Request: Communication from
Thomas W, Parsley, President and General
Manager of Radio Dubuque. Inc.. requesting the
30 Regular Session, February 3, 2003
closure of Kennedy Rood from the stoplight at
Wacker to the stop sign at University and Dodge
at two separate times on Wednesday, July 2,
2003. presented and read.
Discussion centered on City liability,
Duel moved to receive and file the
communication and to approve the request, if all
City requirements are met. Seconded by
Nicholson. Motion failed due to the following
vote: Yeas--Duel, Nicholson. Nays--Cline,
Conners. Duggan, Markham, MichalskL
Harvest View Estates Third Addition - Final
Plat: City Manager recommending approval of
the final plat of Harvest View Estates Third
Addition as requested by Marry McNamer,
Harvest Development Group, LLC, presented
and read. Markham moved that the
communication be received and filed. Seconded
b~ Conners. Motion carried 7~0,
RESOLUTION NO. 42-03
A RESOLUTION APPROVING THE FINAL
PLAT OF HARVEST VIEW ESTATES THIRD
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas. there has been filed with the City
Clerk a final Dlat of Harvest View Estates Third
Addition. in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as Matthew John Drive (Lot A) and
Wheatland Drive (Lot B}, and Garden Glen Drive
(Lei C) together with certain public utility and
surface drainage easements, which the owners
by said final c[at have dedicated to the public
forever: ane
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no srreers or eublic utilities have yet been
constructed or installed.
NOW. THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Matthew
John Drive !Lot A), Wheatland Drive (Lot B), and
Garden Glen Drive (Lot C) together with the
easements for public utilities and storm sewer as
they appear upon said final plat, be and the
same are hereby accepted; and
Section 2. That the final plat of Harvest View
Estates Third Addition is hereby approved and
the Mayor and City Clerk are hereby authorized
ans directed to endorse the approval of the City
of Dubuque, Iowa. upon said fins plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
(a) To reduce Matthew John Drive (Lot A),
Wheatland Drive (Lot B), and Garden Glen Drive
(Lot C) to grade and to construct concrete curb
and gutter and to hard surface with asphaltic
concrete, or with concrete paving with integral
curb, all in accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, in conformance
with construction improvement plans approved
by the City Engineer, and inspected by the City
Engineer.
(b) To install water mains and water service
laterals into each individual lot, storm sewers
and catch basins, boulevard street lighting and
erosion control devices all in accordance with
the City of Dubuque standard specifications, all
in a manner acceptable to the City Engineer,
and in accordance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(c) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(d) To maintain the public improvements, for a
pedod of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said Harvest
Development Group, as owners of said property,
shall secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
riclhts~of~way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat,
Section 4. The developer will maintain the
detention facility constructed as part of Harvest
View Estates First Addition until it has been fully
completed and 80% of the sum of the platted
lots in the entire Harvest View :Estates
Subdivision are fully developed and the
remaining 20% of these lots have installed
adequate erosion control measures as approved
by the City. Upon the City's acceptance of the
Regular Session, February 3, 2003 31
detention faciI~ty, the maintenance expenses
incurred Dy the City of Dubuque for the storm
water detention facility (Lot A Harvest View
Estates First Addition) shall be assessed against
the lot owners of Harvest View Estates. [n equal
amounts, and the City Manager shall cerafy
such costs to the City Clerk. who in turn shall
promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 5. That the City will install sanitary
sewer mums and sewer service atarals into
each individual lot. The costs associated with
this installation shall be reimbursed to the City
from the developer, his successom and assigns
by connection fees by the City after construction
of said sewer.
Section 6. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans an(: City standard specifications and
accepted by City Council Resolution.
Section 7. That in the event Harvest
Development Group fails to execute the
acceptance and furnish the guarantees provided
in Section 3 hereof within 180 days after the
date of this Resolution. the provisions hereof
shall be null and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed. approved and adopted this 3rd day of
February 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 42.03
the undersigned. Martin J. McNamer,
Secretary-Treasurer. representing Harvest
Development Group, having read the terms and
conditions of Resolution No. 42-03 and being
familiar with the conditions thereof, hereby
accept the same and agree to the conditions
required therein.
Dated this 4th day of February, 2003.
By:/s/Martin J. McNamer
Harvest Development Group, L.L.C.
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Bell and Fifth Street Construction Project: City
Manager recommending award of the contract
for the Bell and Fifth Street Construction Project
to Tschiggfde Excavating in the amount of
$1,511,452.76, presented and 'ead. Cline
moved [hat the 3roof be received and filed.
Seconded by Nicholson. Motion carded 7-0.
RESOLUTION NO. 43-03
AWARDING CONTRACT
Whereas. sealed proposals have been
submitted by contractors for the Bell Street
Construction Project pursuant to Resolution No.
531-02 and notice to bidders published in a
newspaper published in the City of Dubuque,
iowa on the 19~ day of December. 2002.
Whereas, said sealed proposals were opened
and read on the 14~" day of January, 2003. and it
has been determined that the bid of Tschiggfrie
Excavating Co. of Dubuque. iowa. in the amount
of $1,511,452.70 was the lowest bid for tee
furnishings of all labor and materials aec
performing the work as provided for in the alans
and specifications.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, OWA:
That the contract for the above improvement
be awarded ~o Tschiggfrie Excavating Co.,
subject to the concurrence by the Iow~
Department of Transportation, and the Manager
be and is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work BE iT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond. the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd eay of
February, 2003.
Terrence M. Duggan, Mayer
Attest: Jeanne F. Schneider. City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carded 7-0.
Proposed Revision to Code of Ordinances:
City Manager recommending that a portion of
East 16t~ Street from Central Avenue to the alley
entrance immediately east of Central Avenue be
added to the list of streets signed for year-reund
alternate side parking resthctions, presented
and read. Buol moved that the communication
be received and flied. Seconded by Connors.
Motion carried 7-0.
An Ordinance Amending City of Dubuque
Code of Ordinances Section 32-285(b) Alternate
Side Street Parking by establishing 3arking
restrictions along a section of Sixteenth Street.
presented and read
OFFICIAL PUBLICATION
ORDINANCE NO. 3-03
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 32-285(b) ALTERNATE SIDE
STREET PARKING BY ESTABLISHING
PARKING RESTRICTIONS ALONG A
SECTION OF SIXTEENTH STREET.
32 Regular Session, February 3, 2003
NOW, THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. Section 32-285(b) of the City of
Dubuque Code of Ordinances ~s hereby
amended by adding thereto the following:
[(b} There is hereby established an alternate
side street oarking district comprised of streem
and/or portions thereof as follows:]
Sixteenth Street, both sides, from Central
Avenue to the alley entrance immedtately east of
Central Avenue.
Section2. This ordinance shall take effect
UPOn publication.
Passed. approved and adopted this 3r° day of
February, 2003.
/s/Terrance M. Duggan, Mayor
Attest:/s/Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
7~n day of February, 2003.
/s/Jeanne F. Schneider. City Clerk
It 2/7
Buol moved that the reQuiramenl that a
proposed Ordinance be considered and vo[ea
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passeo be
suspended and further moved final
consideration ano passage of me Ordinance,
Seconded by Connors. Motion carried 7-0.
The following was removed from the Agenda:
Reconsideration of Request to Rezone - 296
North Grandview: Council Members Ann
Micha[ski and Patdcia Cline reauesting
reconsideration of rezomng property located at
296 North Grandview Avenue.
',tafionaJ League of Cities: Communications
from [he Iowa League of Cities appointing
Council Member Pat Cline to serve as one of
Iowa's representatives on the Energy,
Environment and Natural Resources (EENR)
Policy Committee of the National League of
Cities aaa Council Member John Markham to
serve as one of Iowa's representatives on the
Finance. Administration and Intergovernmental
Relations (FAIR) Policy Committee of the
National League of Cities. aresented and 'ead.
Michalski moved that the communication be
received and filed. Seconded by Nicho[son.
Motion carried 7-0.
~ILC 2003 Information Technology and
Communications Steering Committee:
Communication from the National _eague of
Cities appointing Council Member Dan
Nicholson to the 2003 Information Technology
and Communications (ITC) Steering Committee.
presented and read. Cline moved that the
communication be received and filed,
Seconded by Connors. V~otion carried 7-0.
COUNCIL MEMBER REPORTS
Markham commented thai there is a rumor
that Northwest Airlines will be pulling out of the
Dubuque Airport and as yet there has been no
official notification. They have scheduled a
meeting with Northwest officials.
At 7:04 P.M. Buo] moved [o go into Closed
Session re: Land Acquisition and Pending
Litigation - Chapter 21.5(1)(j)(c) 2001 Code of
iowa. Seconded by Michalski. Motion carried
7-0.
At 7:43 P.M. Council reconvened regular
session with statement that Staff had been given
proper direction.
There being no further business. Michalski
moved to adjourn. Seconded by Clirte. Motion
carried 7-0. The meeting adjourned at 7:44 P.M.
/s/Jeanne F. Schneider, CMC
City Clerk
It 2/12
Approved: 2003
Adopted: 2003
Mayor
Council Members
Attest:
City Clerk
Special Session, February 5, 2003 33
DUBUQUE
ClTY COUNClL
OFFICIAL
PROCEEDINGS
City Council. Special Session, February 5
2003
Council met in special session at 6:15 p.m. at
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol. Cline. Connors. Markham, Michalski
Nicho[son: City Manager Michael Van Milligen
Mayor Duggan read the call and stated this is
a special session of the City Council called for
[he purpose of discussing various City budgets.
The Human Rights Department, Finance
Department, City Manager's Office. City
Council, City Clerk's Office, Legal Department,
Health Services Department and Cable TV
Division budgets were presented and discussed.
There being no further business. Nicholson
moved to adjourn. Seconded by Buol, Motion
carded 7-0, The meeting adjourned at 7:34
p.m.
/s/Jeanne F. Schneider
City Clerk
It 2/12
Approved:
Adopted:
2OO3
2003
Mayor
Council Members
A~est:
City Clerk
34 Special Session, February 10, 2003
DUBUQUE
ClTY COUNClL
OFFICIAL
PROCEEDINGS
City Council. Special Session. February 10,
2003
Council met in Special Session at 6:15 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol Cline. Connors. Markham, MichalskL
Nicholsor City Manager Michael Van Milligen.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of acting uoon such matters whict~
may properly come before the Council anc
discussing various City oepartmental budgets.
Fiscal Year 2004 Budget: City Manager
recommending that a 3ublic hearing be set for
Thursday, February 27 2003 on the Fiscal Year
2004 Budget, presented and read. Michalski
moveo that the communication be received and
filed. Seconded by Markham. Motion carded 7-
0.
RESOLUTION NO. 44-03
RESOLUTION SETTING THE DATE OF THE
PUBLIC HEARING ON THE FISCAL YEAR
2004 BUDGET FOR THE CITY OF DUBUQUE
Whereas Section 364.16 of the Code of
provides that the City Council shall set a time
and 9lace for a public hearing on [he budget
before the tinal ceKification date and shall
publish notice before the hearing as provided
Section 362.3 of the Code of
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE iOWA:
Section 1. That the Cit~ Council shall conduct
a public hearing on the proposed 2003-04
budget of the City of Dubuque al the Camegie
Stout Public Library Auditorium. 360 West 11tJq
Street Dubuque, owa. on Thursday, February
27. 2003. beginning at 6:30 o.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish
according to law notice of public hearing
together with the required budget information.
Passed, approved and adopted this 10~ day of
February 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and set this for Public Hearing on Thursday,
2/27/03 at 6:30 P.M. in the Public Library
Auditorium and directed the City Clerk to publish
notice in the manner required by law. Seconded
by MichalskL Motion carried 7-0.
RESOLUTION NO. 45-03
SETTING THE DATE OF PUBLIC HEARING
ON THE FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM
Whereas, a proposed five year Capital
Improvement Program for the City of Dubuaue
has been prepared and submitted to the City
Council; and
Whereas. the capital projects for the first year
are included in the Fiscal Year 2004 budget for
the City of Dubuque: and
Whereas. it is deemed to be in the best
interest of [ne City of Dubuque [o conduct a
public hearing and to adopt the five year Capital
Improvemem Program simultaneously with the
public hearing ano aoootion of the Fiscal Year
2004 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1 That the City Council shall ;onduct
a public hearing on the five year Capital
improvement Program al the Carnegie Stout
Public Library Auditorium, 360 West 11th Street.
Dubuque, Iowa. on Thursday, February 27,
2003, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to oublish notice
of the public hearing.
Passed. approved and adopted this 10~n (]ay of
February 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Michalski moved aaoption of the Resolution
ano set and se[ this for Public Hearing on
Thursday, 2/27/03 at 6:30 P.M. in the Public
Librar~ Auditorium and directed the City Clerk to
publish notice in the manner required by law
Seconded Dy Markham. Motion carded 7-0.
The budgets for the following City
Deoartments were discussed: Emergency
Communications Center, Emergency
Management Office Fire Department. Police
Department. nformation Services Deoartment.
Building Services Department, and Water
Pollution Control Deparzmem.
There being no further business, Buol moved
to adjourn. Seconded by Cline. Motion carried
7-0. The meeting adjourned at 7:39 P.M.
It 2/19
/s/Jeanne F, Schneider, CMC
City Clerk
Special Session, February 10, 2003 35
Approved:
Adopted:
2003
2003
Mayor
Council Members
Attest:
City Clerk
36 Regular Session, February 17, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Regular Session. February 17
2003
Council me[ in Regular Session 6:30 P.M
Libra~ Auditorium
Present: Mayer Pro-Tam BuoL Council
Members Ciine, Connors. Markham. Micha[ski,
Nicholson City Manager Michael Van Milligen,
Corporation Counsel Barry LindahL
Absent: Mayor Duggan.
Mayor Pro-Tem Buol read the ca[] and stated
this s a regular session of the City Council
called for [ne purpose of discussing SUCh
matters which may property come before me
City Council
invocation was giver by Reverend Doctor
James Dotson. Pastor of Orandview Avenue
United Methodist Church.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
1/31; Cable TV Teleprogramming Commission
of 1/7: City Council of 2/3, 2/5 anQ 2/10: Civ
Service of 12/23- Community Develoement
Advisory Commission of 1/9: Conference Board
of 3/4/02: Downtown Planning Committee of the
Long Range Planning Advisory Commission of
1/13: Electrical Board of 2/10; Five Flags
Commission of 12/16: Housing Commission
Trust Fund Committee of 1/23 and 1/28: Human
Rights Commission of 12/9: Park and
Recreation Commission of 2/11: Zoning
Advisory Commission of 1/8 (Modified) and 2/5:
Zoning Board of Adjustment of 1/23, presented
and read. Michalski moved that the minutes De
received and filed. Seconded Dy Connors
Motion carried 6-0.
Proof of publication of City Council
Proceedings of 1/20 presented and reaa
Michalski movea that the umof be received and
filed. Seconded by Connors. Motion carried 6-
0.
=inance Director submitting the City of
Dubuque Financial Reports for the month ending
January 31. 2003. presented and reaa.
Micha[ski moved that the communication aha
report De received and filed. Seconded by
Connors. Motion canled 6-0.
Notice of Claims/Suits: Janice E. Hoerner vs.
Merlin E. Wagner ana City of Dubuque for
eersonal injury; Florence J. Siefker for personal
injury; Thomas Weidenbacher for vehicle
carnage; Raymond Worden for personal injury,
presented and read. Michalsk[ moved that the
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by Connors.
Motion carried 6-0.
Comoration Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Tim
Bushman for property damage; Brooke
Gassman for vehicle damage; and =lorance J.
Siefker for personal injury, presented and read
Michalski moved that the communication De
received and filed and concurred. Seconded by
Conners, Motion carried 6-0,
Corporation Counsel recommending
settlement of the claim of Mary Criss for property
damage, presented and read. Michalski moved
that the communication De received and ~iled
and concurred and Finance Director to issue
proper check. Seconaeo by Connors. Motion
carried 6-0.
Citizen Communications: Communication
from Tri-State Towing ane :~ecovery regarding
the City's towing policy, presentea and read~
Michalski moved that the communication be
received ano filed and referred to the City
Manager. Seconded by Connors. Motion
carried 6-0.
Communication from Tom and Rebecca
LeC]ere regarding their property ar 1195
Thomas Place, presented and read. Michalski
moved that the communication be received and
flied and referred [o the City Manager.
Seconded by Connors. Motion carried 6-0.
Anti-War Resolution: Communication from
Fabian Yaklin requesting [he City Council to
cass an anti-war resolution, presented and read.
Michalski moved that the communication be
received ano filed. Seconded by Connors.
Motion carried 6-0.
iowa DeBar[merit of Economic Development:
Communication from [be Iowa Department of
Economic Development advising that the CEBA
contract with the City and CarteGraan Systems,
mc. ~as been successfully completed and the
employment goals fulfilled, presented and read,
Nicholson moved that the communication be
received and filed. Seconded by Cline. Motion
carried 6-0.
~.hodes (Bud) Isenhart. 8908 Quail Ridge
Road, spoke requesting an annual accounting of
newly created jobs in TIF districts.
Regular Session, February 17, 2003 37
Bunker Hill Gofi Coume Managemen~
Agreement: City Manager recommending
approval of a management agreement with
G.M.S., nc. (George Stephenson) for the
Bunker Hill Golf Course for the pedod beginning
Mamh 1 2003 and ending November 30, 2003,
presented and read. Michalski moved that the
communication be received and flied and
approved recommendation. Seconded by
Connors. Motion carried 6-0.
Special Assessment Fund Balance: City
Manager requesting authorization to transfer
excess Special Assessment Funds to the Street
Constrdction Fund to support street construction
projects, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Connors. Motion carded 6-0.
RESOLUTION NO. 46-03
AUTHORIZING THE TRANSFER OF EXCESS
SPECIAL ASSESSMENT FUNDS TO THE
STREET CONSTRUCTION FUND
Whereas. the City is required by Iowa law to
maintain a Special Assessment Fund for
outstanding special assessment bonds:
And Whereas, the City's current Special
Assessment Fund is approximately
$800,000.00:
And Whereas. there are now no outstanding
special assessment bonds;
And Whereas. the City Council finds that the
excess balance of the Special Assessment Fund
should be transferred to another appropriate
fund.
NOW, THEREFORE, BE T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA AS FOLLOWS:
Section 1. The Finance Director is hereby
authorized and directed to transfer the balance
of the Special Assessment Fund [o the Street
Construction Fund.
Passed, approved and aeopted this 17'" day
of February, 2003.
Roy D. Buol, Mayor Pro-Tern
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carded 6-0.
Design Contract US 20 intersection
improvements; City Manager recommending
appreval of a project agreement with the firm of
Howard R. Greet relating to the continued
development of the design phase for the US 20
intersection Imprevement Project, presented
and read. Michalski moveo that the
communication be received and filed and
approved agreement. Seconded by Crmr~ors.
Motion carried 6-0.
Legislative Correspondence: Communications
to State Representative Para Jochum and State
Senator Mike Connolly requesting their
opposition to HSB 46 and SSB 1037 relating to
a municipality's ability to pursue and maintain
telecommunication utilities, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Connors.
Motion carded 6-0.
Coast Guard Marine Secudty Measures: City
Manager transmitting information in response to
the Coast Guard Marine Secudty Regulations
and comments regarding key areas that might
impact the City and community projects,
presented and read. Michalski moved that the
communication be received and filed and
approved information and comments. Seconded
by Connors. Motion carried 6-0.
Urban Revitalization / Tax Exemption
Applications: City Manager recommending
approval of the eligible Calendar Year 2003
Urban Revitalization Applications, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Connors.
Motion carded 6-0.
RESOLUTION NO. 47-03
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION APPLICA-
TIONS SUBMITTED BY PROPERTY OWNERS
IN RECOGNIZED URBAN REVITALIZATION
AREAS AND AUTHORIZING THE TRANS-
MITTAL OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa,
the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made
to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires
property owners to submit a written application'
for exemption by February 1 of the assessment
year for which the exemption is first claimed,
and further requires the City Council to approve
all applications that meet the requirements of the
adopted Urban Revitalization Plan and forward
the approved applications to the City Assessor
for review by March 1 of each year; and
Whereas, pursuant to the requirements of said
Urban Revita[izafion A(ft, the following Urban
Revitalization Areas were established:
Washington Street, Jackson Park, West 11th
Street, Upper Main Street, Garfield Place,
Langworthy, Cathedral and Old Main; and
Whereas, the City of Dubuque, as of February
1, 2003, received tax exemption applications
from the following property owners in the
aforementioned urban revitalization district.
West 11a Street Urban Revitalization Area
Deborah LaBeau, 1133 Highland Place
William Alfredo, 1155 Grove Terrace
Plastic Center ]nc, I243 Locust
38 Regular Session, February 17, 2003
Vickie Klinkhammer. 1630 Cornel
Jerold and Karen Lubben, 480 Arlington
Richard and Judith Henkel. 542 W 11th
Luke & Sara Runde, 557 W16th
Sherry DriscolL 761 Rose
S & S Investments, 907-909 Spruce
Steve Cook. 525 Loras
Garfield Place Area
Scott A. Potter. 513 Garfield
Washinqton Street Urban Revitalization Area
Charlotte Hanley, 1938 Y2 Washington
Steve Cook, 1605 White
Upper Main Urban Revitalization Area
Steve Cook. 1338 Main Street
Whereas the -tousing and Community
Development Department ano Building Services
have reviewed the above-described applications
and inspected the properties and have
determinec that the applications and the
imDrovements conform to all reouirements of the
City of Dubuque's Urban Revitalization Plan
contingent upon obtaining all required building
permits.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1. That the above-described tax
exemption applications meet the requirements of
the City of Dubuque's Urban Revitalization Plan.
Section 2. That the above-described tax
exemption applications are hereby approveo by
the City Council. subject to obtaining al
necessary building permits and subject to the
review and approval of the City Assessor.
Section 3. That the City Clerk is hereby
authorized and directed to forward the above-
described tax exemption applications to the City
Assessor
Passed. approved and adopted this 17~" day of
February 2003.
Roy D. Buol. Mayor Pro-Ter~
Attest: Jeanne F. Schneider. City Clerk
Michalski moved adoption of the Resolution
Seconded by Connors. Motion carded 6-0.
Martin Addition - Plat of Survey: Zoning
Advisory Commission recommending approval
of the Plat of Survey of Martin Addition to allow
for the subdivision of an existing parcel of land
into five lots as requested by William Burger,
presented and read. Michalski moved that the
communication be received and fi[ed. Seconded
by Connors. Motion carried 6-0.
RESOLUTION NO. 48-03
RESOLUTION APPROVING THE PLAT OF
SURVEY OF MARTIN ADDITION IN THE
COUNTY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a Plat of Survey of Martin Addition; and
Whereas. said plat provides Lot 1 and Lot 5
with 0 feet of frontage, where 50 feet of tot
frontage is required; and
Whereas. said Plat of Survey has been
examined Dy the Zoning Advisory Commission
and had its approval endorsed thereon; aha
Whereas. said Plat of Subdivision has been
examined by the City Council and they find that
it conforms To the statutes and ordinances
relating tnereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITv OF
DUBUQUE. IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
and Lot 5 to have 0 feet of lot frontage, where 50
feet of lot frontage is required.
Section 2. That the ~lat of Survey is hereby
approved, and [he Mayor and City Clerk are
hereby authorized and directed to enaorse the
approve of the City of Dubuque. Iowa upon said
Plat of Subdivision.
Passed. approved and adopted this 17'n day of
February 2003.
Roy D. Buol. Mayor Pre-Tern
Attest: Jeanne F. Schneider, City Clerk
Vlicha[ski moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
Winner Place - Plat of Survey of Lots 1 and 2:
Zoning Advisory Commission recommending
approve of the plat of Survey of Lots 1 and 2 of
Winner Place to facilitate the sale of a building
Iocateo at 25/27 West 15~" Street. as requested
by Delbert ano Sharon Winner presented and
read. Michalski moved that the communication
be received and filed. Seconded by Connors.
Motion carried 6-0.
RESOLUTION NO. 49-03
RESOLUTION APPROVING THE PLAT OF
SURVEY OF LOTS 1 & 2 OF WINNER PLACE
Whereas, there has been filed with the City
Clerk a Plat of Survey of Lets 1 & 2 of Winner
Place: aha
Whereas. Lot 1 provides 1,875 square feet of
area, and Lot 2 provides 3,256 square feet of
area, where 5,000 square feet ts reauired for
each lot by Section 42-19(b) of the Subdivision
Regulations; and
Whereas, Lot 1 provides 36.5 feet of frontage,
where 50 feet minimum is required by Section
42-19(b) of the Subdivision Regulations; and
Whereas, said survey plat has been examined
by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said survey plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, February 17, 2003 39
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
with 1,875 square feet ano Lo1 2 with 3.256
square feet, where 5,000 square feet is required
for each lot, and to allow Lot 1 to have 36.5 feet
of frontage, where 50 feet minimum is required.
Section 2. That the Plat of Survey of Lots 1 & 2
of Winner Place is hereby approved and the
Mayor and City Clerk are hereby authorized and
directed to endome the approval of the City of
Dubuque, Iowa upon said final plat.
Passeo, approved and adopted this 17~n day of
February 2003.
Roy D. Buol. Mayor Pm-Tern
Attest: Jeanne F. Schneider, City Clerk
Michalski moved aooption of the Resolution.
Seconded by Connors. Motion carded 6-0.
Amendments to Federal Legislative Issues:
City Manager submitting two amendments to the
City's Federal Legislative Issues, presented and
read. Michalski moved that the communication
be received and filed and approved submission
of amendments. Seconded by Connors. Motion
carded 6-0.
Business Licenses:
RESOLUTION NO. 50-03
BEER
Whereas, applications for Beer Permits have
been submitted and filed to [his Council for
approval and the same have beer examined
and approved: and
Whereas, [he premises to ae occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE. BE T RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. iOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Hartig Drug Company ]nc Hartig Drag #4+
(Sunday Sale) 2225 Central Ave
Clark Retail Enterprise Clark #2354+
(Sunday Sale) 700 Rhomberg Ave
Lee Potter Sr Lee's 76 West Locust Mart+
(Sunday Sale) 408 W Locust St
Dubuque Discount Gas Inc. Dubuoue Discount
Gas+(Sunday Sale) 4110 Dodge St
Molo Oil Company Big 10 Mart+
(Sunday Sale) 2100 JFK Rd
Passed. approved and adopted this 17th day
of February, 2003.
Roy D. Buol, Mayor Pro-Tam
Attest: Jeanne F. Schneider. City Clerk
Michalski movea adoption of the Resolution.
Seconded by Connors, Motion carried 6-0.
RESOLUTION NO. 51-03
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found [o comply
with the State Laws and all City Ordinances
relevant thereto and they nave flied proper
bonds.
NOW, THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Hammerheads inc. Hammerheads Bar &
Billiards+ (Sunday Sale) 2095 Keroer BIvd
Cuemaster Cue Master Billiards+
(Sunday Sale) 900 Central Ave
Chades Steffen Tony's Place+
(Sunday Sale) 1701 Central Ave
Apartments LTD Dubuque Mining
Co+(Sunday & Outdoor Sale) 555 JFK Rd
Davey Robertson Busted Lift
(1 Day Outdoor Sale- 3-15-03} 180 Main St
CLASS "B" WiNE
Hattig Drug Company, Inc Hartig Drug :~ ~
2225 Central Ave
CLASS "E" LIQUOR
Hartig Drug Company, Inc Hartig Drug # 4
2225 Central Ave
Passed. approved and adopted this 17TM day
of February, 2003.
Roy D. Buol. Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoptior of the Resolution.
Seconded by Connors. Motion carried 6-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission: Community Develooment
Advisory Commission (Three unexpired 3-year
terms for Census Tracts 2, 3 and 4: One 3-year
Term for Census Tract I to expire 2/15/06 -
Term of lsenhart): Applicant: Chuck IsenharL
No one spoke.
PUBLIC HEARINGS
Nicholson moved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Michalski. Motion carried
6-0.
ARC Design Resources. Inc./JMC Gold Medal
Meat, nc.: Communication from Joseph R.
Altenhoff ARC Design Resources, Inc.. on
behalf of Wal-Mar[ Stores inc. requesting
40 Regular Session, February 17, 2003
Councii withdraw the application to rezone the
property a[ 16~n ana Sycamore Streets; City
Manager submitting a communication to JosePh
Altenhoff of ARC Design regarding eossible
source of funds to assist in demolition/cleanup of
the Smithfield proper~y; Proof of publication on
notice of hearing [o consider a request from
ARC Design Resources. Inc./JMC Golc Meda
Meat Inc. to rezone property located at 16~n and
Sycamore Streets from HI Heavy Industrial
District to PUD Planned Unit Development with
a PC Planned Commemia[ designation to allow
a Wal-Mart SuDer Center and Zoning Advisory
Commission recommending denial, and an
Ordinance Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
describen 3roperty Iocatec along 16'" Street
from H Heavy Industrial District to PUD Planned
Unit Developmem District with a PC Planned
Commercia designatior and aoopting a
conceptual development plan. with conditions.
for Wal-Mart Stores. Inc., presented one read.
Nichoisor moved to accept the reouest to
withdraw the application Seconded by Cline.
Motion carried 6-0.
Highwa; 61/151 and Highway 52- Request to
Rezone: Communication from Daniel J, Mueller
requesbng that Council not take action on the
rezonlng request and refer the matter [o the
Zoning Advisory Commission. areof of
publication on notice of hearing to consider a
requesl from Dan Mueller to rezone proper~y
located south of Highway 61/151 and Highway
52 (Lot 1 of Key Gate Center No. 2) from PR
Planned Residential District £o Pi Planned
Industrial District to allow for the location of a
batch mix elam ano Zoning Advisory
Commission recommending denial, and an
Ordinance Amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located along U.S. Highway
52 east o1 U.S. Highway 61/151 from PUD
Planned Unit Development District with a PR
Planned Residential Distdct to PUD Planned
Unit Develooment Distdct with a PI Planned
Industrial designation and adopting a conceptual
develoemem o~an with conditions, presented
and reao. Michalski moved to refer this mat~er
back [o [ne Zonin~c Advisory Commission.
Secondee by Cline. Motion carried 6-0.
Eagle Villa - 2800 Rhomberg Avenue -
Reouest to Rezone: Communication from A.J.
Spiegel withdrawing his request to rezone
property a[ 2800 Rhomberg Ave.: Proof of
publication on qotice of nearing to consider a
request from Stott one Associates/A.J. Spiegel
to rezone property located at 2800 Rhomberg
Avenue from CR Commercial Recreation Distric'[
to PUD Planned Unit Development Distdct with
a PR Planned Residential zomng designation
and Zoning Advisory Commission
recommending denial, and an Ordinance
Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property
located at 2800 Rhomberg Avenue from CR
Commercial Recreation Distdct to PUD Planned
Unit Development District with a PR Planned
Residentia! Distdct Designatior and adopting a
conceptus development plan with conditions,
presented and reae. Michalski moved that this
item be withdrawn from the Agenda. Seconded
by Conners. Motion carried 6-0.
3300 Nightengale Lane - Request to Rezone:
Proof of publication on notice of hearing to
consider a request from Patrick and Patricia
Kennedy to rezone property ocated south of
Nightengale Lane from R-lc Single-Famity
Residential with conditions, to R-1 Single-
Family Residential District and Zoning Advisory
Commission recommending approval, oresented
and 'ead. Michalski moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
Attorney Joe Bitter. representing the
Kennedy's, spoke in support of this rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the Cit./of Dubuque Code
of Ordinances by reclassifying hereinafter
describee property located south of Nightengale
Lane from R-1 Single-Family Residential District,
with conditions, to R-1 Single-Family Residential
District, eresented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT SOUTH OF
NIGHTENGALE LANE FROrvl R-lc SINGLE-
FAMILY RESIDENTIAL DISTRICT, WITH
CONDITIONS, TO R-I SINGLE-FAMILY
RESIDENTIAL DISTRICT.
NOW. THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1.That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-lc
Single-Famiiy Residential District, with
conditions, to R-' Single-Family Residential
District to wit:
Lot 1, Lot 2 and Lot A Cedar Ridge Acres No. 2
- Lot 1 of Lot 1 Mineral Lot 216: Lot 2 of Lot 2 of
Lot 2 of Lot 2. Lot 1 of Lot 2 of Lot 2 of Lot 2 of
Lot 1 of Lot 2 of Lot 2 Cedar Ridge Acres, and to
Regular Session, February 17, 2003 41
the centedine of the adjoining public right--of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubudue,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved ahd adopted this 17~n day of
February 2003.
Roy D, Buoi, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21 st day of February, 2003.
Jeanne F. Schneider, City Clerk
It 2/21
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further move~ final
consideration and passage of me Ordinance.
Seconded by Nicholson. Motion carded 6.0.
1205 Cleveland Avenue - Request to Rezone:
Proof of publication on notice of headng to
consider a request from Doug and Made Colin to
rezone property located at 1205 Cleveland
Avenue from R-2 Two-Family Residential Distdct
to C-1 Neighborhood Commercial Distdct and
Zoning Advisory Commission recommending
approval, presented and read. Michalski moved
that the proof and communication be received
and filed. Seconded by Nicholson, Motion
carried 6-0,
Marie Colin spoke in support of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 1205 Cleveland
Avenue from R-2 Two-Family Residential Zoning
Distdct to C-1 Neighborhood Commercial Zoning
District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 5-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 1205
CLEVELAND AVENUE FROM R-2 TVVO-
FAMILY RESIDENTIAL ZONING DISTRICT TO
C-1 NEIGHBORHOOD COMMERCIAL
ZONING DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifTing
the hereinafter-described property from R-2
Two-Family Residential Zoning Distdct to C-1
Neighborhood Commercial Zoning District, to
wit:
Lot 2 of 2 of 2 of Mineral Lot 63 and Lot 11 of
Bush's Subdivision ann east part of Lot 69 in
Union Addition.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3, This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17~" day of
February 2003.
Roy D. Buol, Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph Herald
newspaper this 21 st day of February, 2003.
Jeanne F. Schneider. City Clerk
It 2/2~
Michalski moved that the requirement that a
proposed Ordinance be considered anc voted
on for passage at two Council Meetings pnor to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
3925 Doctge Street- PUD Amendment: Proof
of publication on notice of hearing to consider a
request from Tom Luksetich and Steve Smith to
amend the PUD Planned Unit Developmen[
District at 3925 Dodge to allow construction of a
new 44,287 sauare foot building and Zoning
Advisory Commission recommending approval
presented and read. Markham moved that the
proof and communication be received and filed
Seconded by Nicholson. Motion carded 6-0.
Tom Luksetich spoke stating this is another
step in the development of Menard's Store.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
of Ordinance 67-02. which adopted regulations
for the PUD Planned Unit Devefopment with a
PC Planned Commercial Designation for 3925
Dodge Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 6.03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE} OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
PROVIDING FOR THE AMENDMENT OF
ORDINANCE 67-02, WHICH ADOPTED
REGULATIONS FOR THE PUD PLANNED
UNIT DEVELOPMENT WITH A PC PLANNED
COMMERCIAL DESIGNATION FOR 3925
DODGE STREET.
42 Regular Session, February 17, 2003
NOW, THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubu~]ue Code of
Ordinances and Ordinance No. 67-02 be
amended by adopting a revised conceptual
development plan, a copy of which is attached to
and made a part hereof, with conditions as
stated below, to wit:
Lot 1 of Lot I of Lot 3 and Lot 2 of Lot 1 of Lot 3
NE ¼ of SW ¼ Section 28 T89N-R2E, and to
the centerline of the adjoining public right-of-
way, all in the City of Dubuque. owa.
Section 2. Pursuant to iowa Code Section
414.5 (2001), and as an express condition of the
reclassification, the undersigned property owner
agrees to the following conditions, all of which
the property owner further agrees are
reasonable and imposed to satisfy [he public
needs that are caused directly ay the zoning
reclassification:
A) Use Requlations
The following regulations shall apply to all land
uses in the above-described PUD District:
1) All permitted, accessory and conditional and
temporary uses allowed in the C-3 General
Commercial District as established in Section 3-
3.3 of the Zoning Ordinance
2) Warehousing and storage facilities
B) Lot and Bulk Requtations
Development of land in the PUD District ~hall be
as follows:
1) All buildings and structures located within
this PUD District shall meet bulk regulations set
forth in the Zoning Ordinance for the C-3
General Commercial District. Section 3-3.3(F).
2) Structures within this PUD shall include:
115,200 sq ft. main building (with potential for
future 12,000 sq. ft. addition).
44,287 sq. ft. secondary building.
O) Performance Standards
The development and maintenance of uses 'q
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following stanoards:
1} Erosion control shall be provided dudng all
phases of construction.
2) Parking recuirements for allowed uses in
the PUD District shall be as per the parking
group for the designated use in accordance with
Section 4-2 of the Zoning Ordinance,
3) Adequate illumination shall De provided to
areas used for vehicle aha pedestrian
circulation. New outdoor fight fixtures shall be of
a cut-off design an(; utilize s mtnimum of 90-
degree luminaire.
4) Final site aeve~oement plans shal! be
submitted in accordance with Section 4-4 of the
Zoning Ordinance of the City of Dubuque, Iowa.
prior to construction of any buildings.
D) Open Space and Landscaping
Open space ano landscaping in the PUD
District shall be regulated as follows:
Those areas not designated on the conceptual
plan for development shall be maintained as
open space, as defined by Section 8 of the
Zoning Ordinance. by the property owners
and/or association.
E) Sipn Regulations,
Signs in the PUD District shall be regulated as
follows:
1)The provision o! Section 4-3 (Sign
Regulations) of the Zoning Ordinance shall
apply unless further regulated by this section.
2) Wall-Mounted Signs:
a) Primary Tenant:
1) Total aggregate seuare footage: 400
square foot
2) Numberof signs: unlimited
3) Below eave or parapet
b) Secondary Tenants:
1) Total aggregate souare footage: 200
s~uare foot
2) Number of signs: two per business
3} Below eave or parapet
3) Freestanding signs:
al Center Identification Sign
1) Total allowed square footage: 300
square foot
2) Maximum number: 1
3~ Maximum height: 35 feet
4) Directional Signs:
a) Primary/secondary tenants
1) Maximum size: 6 seuare feet
2) Maximum number: Unlimited
3) Maximum height: 10 feet
5) Lighting: Signs may be illuminated
only Dy means of indirect lighting
whereby all light sources and devices are
shielded from view by opaque or
translucent materials, or internally
illuminated by means of a light source
completely enclosed by the sign panel.
6) Motion: No signs may include any
device or means, mechanical, electrical
or natural which shall cause motion of
the sign panel or any part thereof. No
flashing lights or changing colors shall be
allowed.
F} Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a orovision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
PUD District.
G) Reclassification of Subiect Property.
The City of Dubuoue. iowa may initiate zoning
reclassification proceedings to the C-3 General
Commercial District in accordance with Section
6 of the Zoning Ordinance if the property owner
fails to comc ete or maintain any of the
conditions of this ordinance.
Regular Session, February 17, 2003 43
H) Modifications=
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
I) Recordinq.
A copy of this ordinance shall be recorded at the
expense of the property owner with the Dubuque
County Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval This ordinance shall
be binding upon the undersigned and his/her
heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The fumgoing amendment shall
take effect upon publication, as provided by law.
Passed, approved and adopted this 17th day
of February 2003.
Roy D. Buol, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 6-03
We, Tom Luksetich and Steve Smith.
representing Luksetich and Smith. LLC, property
owners, having read the terms and conditions of
the foregoing Ordinance No. 6-03 and being
familiar with the conditions thereof hereby
accept the same and agree to the conditions
required therein.
Dated this 17~h day of February 2003.
/si Tom Lukseticn
/si Steve Smith
Published officially in the' Telegraph Herald
newspaper this 21~t day of February, 2003,
Jeanne F. Schneider. City Clerk
It 2/21
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pdor to
the meeting at which it is to be finally passed be
suspended and further moved ~inal
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
Mississippi River Discovery Center Wetland -
Site Package Interior Walkways Project: Proofs
of publication on notice of headng on plans and
specifications and notice to bidders on the
receipt of bids, and City Manager recommending
award of Contract #3 - Plumbing to Portzen
Construction in the amount of $1!,100 and
Contract ~ - Electrical (including the alternate)
to Paulson Electric Company in the amount of
$29,238; and rejection of Contract #1 - Wood
Piers and Decking and Contract #2 - Woad
Framing and Railings, presented and mac
C]ine moved that the proofs and communication
be received and filed. Seconded by Connors.
Motion carried 6-0.
RESOLUTION NO. 52-03
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS FOR THE MISSISSIPPI
RIVER DISCOVERY CENTER WETLAND -
SITE PACKAGE INTERIOR WALKWAYS
PROJECT (CONTRACT I - WOOD PIERS
AND DECKING, CONTRACT 2 - WOOD
FRAMING AND RAILINGS, CONTRACT 3 -
PLUMBING, CONTRACT 4 - ELECTRICAL)
Whereas, on the 15~n oay of January, 2003,
plans, soecifications, form of contract ana
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Mississippi River
Discovery Center Wetland - Site Package Ii,
Intedor Walkways Project (Contract I -Wood
Piers and Decking, Contract 2 -Wood Framing
and Railings, Contract 3 - Plumbing, Contract 4
- Electrical).
Whereas. notice of headng on plans,
specifications, form of contract, and estimated
cos[ was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. OWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications form of
contract and estimated cost for saic
improvements fur said project.
Passed. adopted and approved this 17"~ day of
February, 2003.
Roy D. Buol, Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Cline moved adoction of the Resolution.
Seconded by Connors. Motion carded 6-0.
RESOLUTION NO. 53-03
AWARDING CERTAIN CONTRACTS FOR THE
MISSISSIPPI RIVER DISCOVERY CENTER
WETLAND - SITE PACKAGE H INTERIOR
WALKVVAYS PROJECT AND REJECTING
THE REMAINING CONSTRUCTION CON-
TRACT BID PROPOSALS
Whereas, sealed proposals have been
submitted by contractors for the Mississippr
River Discovery Center Wetland - Site Package
[[ interior Waikways Project, ~ursuant to
Resolution No. 26-03 and notice to bidders
published in a newspaper published in the City
of Dubuque, iowa on the 24~ day of January,
2003.
Whereas, said sealed proposals were opened
and read on the 6~n day of February, 2003, and it
has been determined that the bid of the following
contractors in the amounts specified were the
lowest bids for the furnishings of all abor and
materials and performing the work as provided
for in the plans and specifications.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
44 Regular Session, February 17, 2003
Section 1. That contracts for the above
improvement projecm be awarded as [ollows.
subject to the concurrence by the iowa
Department of Transportation:
Contract No. 3 Plumbing $11.100.00
Portzen Construction of Dubuque, Iowa
Contract No. 4 Electrical $19.294.00
(Including Alternate Component} $ 4.944.00
Paulson E[ectdc Company
Total $35.338.00
Section2, That upon the signing of said
contract and [he approval of the contractor's
acrid. [ne City Treasurer is authorized ane
instructed to return lhe bid oeeosits of ti~e
unsuccessful bidders.
Section 3. That the bids for the following
contracts be rejected as follows:
Contract No. 1. Wood Piers & Decking
Contract No. 2 Wood Framing & Railing
Passed. approved and adopted this 17th day of
February, 2003.
Roy D. Buol, Mayor Pro-Terc
Attest: Jeanne F. Schneider. CMC, City Clerk
Cline movec adoption of the Resolution
Seconded by Connors Motion carried 6-0.
RESOLUTION NO, 54-03
ORDERING BIDS FOR THE MISSISSIPPI
RIVER DISCOVERY CENTER WETLAND -
SITE PACKAGE INTERIOR WALI~qNAYS
PROJECT (CONTRACT 1-WOOD PIERS AND
DECKING, CONTRACT 2-WOOD FRAMING)
NOW THEREFORE. BE ]T ~ESOLVED 3Y
THE COUNCIL OF THE CITY OF DUBUQUE,
iOWA:
That the Mississippi :~iver Discovery Center
Wetlanc - Site Package II, Interior Walkways
Project (Contract 1-Wood Piers and Decking,
Contract 2-Wood Framing and Railings), is
hereby ordered to De advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the clans and specifications heretofore
aQoDtea
That the City Clerk is hereby directed rD
advertise for bids for the construction of [he
improvements herein provided, to De published
in a newspaper having general circulation [n the
City of Dubuque, Iowa~ which notice shall not be
~ess than four days nor more than forty-five days
prior to the receipt of said bids at 10:0C a.m. on
the 4~ day of March. 2003. Bids shall be
opened and read by the City Clerk at said time
and wilJ be submitted to the Council for final
action at 5:00 p.m. on the 5'n day of March.
2003
Passed. adopted and approved this 17~n day of
February, 2003.
Roy D, Buol. Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors Motion carded 6-0.
Markham moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Cline. Motion carded 6-0.
ACTION ITEMS
2004 National Alliance of Preservation
Commission (NAPC): Communication from the
Histodc Preservation Commission requesting
the City Council submit a letter of support for the
City to nora the 2004 ',lational Alliance of
Preservation Commission. presented and read.
Cline moved that the communication be
received and filed and approved request.
Seconded Dy Nicholson. Motion carried 6-0.
Nationa League of Cities: Communication
[rom the cwo League of Cities appointing
Council Member Ann Michalski to serve as one
of iowa's representatives on the Human
Development Policy Committee of the National
League of Cities, presemea and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 6-
0.
COUNCIL MEMBER REPORTS
Michalski stated that the trip of City leadem to
Washington. D.:C. was very positive. Cline
requested that City Staff look at the creation of a
Bluff Lane Overlay 'District in regard to the
possible rezoning of dverfront properties.
Markham. Buol. Michalski and Connors said
they were open to information,
At 7:15 P.M. Michalski moved to go into
Closed Session - Pending Litigation - Chapter
21.5(1)(c) 2001 Code of iowa. Seconded by
Markham. Motion carded 6-0.
At 7:31 P.M. Council reconvened Regular
Session stating that staff had been given proper
direction.
There being no further business, Markham
moved to adjourn. Seconded by Connors.
Vlotion carried 6-0. The meeting adjourned at
7:32 P.M.
Is~ Jeanne F. Schneider, CMC
City Clerk
It 2126
Regular Session, February 17, 2003 45
Approved:
Adopted:
2003
2003
Mayor
CouncilMembers
A~est:
City Clerk
46 Special Session, February 20, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. SDecial Session, February 20.
2003
Council met in Special Session at 8:15 P.M. in
[he Librar~ Auditorium
Present: Mayor Pro-Tem BuoL. Counci
Members Cline. Connors. Markham. Michalski
Nicholson, City Manager Michael Van Milligen
Absent: Mayor Duggan
Mayor Pm-Tern Buol read the call and stated
this is a special session of the City Counci
called for the purpose of discussing various City
departmental budgets,
Engineering Department: Discussion centered
on [ne proposed Storm Water Utility. Mike
Portzen, Chair of the Storm Water Citizens
Advisory Committee. and Steve Sedgwick,
Stormwater Utility Consultant with Camp
Dresser & McKee. spoke clarifying specifics of
[he 3ropose8 utility. Dave Stuart. 1470 Locust
spoke stressing the need for other City projects
ane programs.
Operations and Vlaintenance Department
budget: Council reviewed the budget and
discussed the 2roposal for the new facility.
Planning Services Department: Discussion
centered on the request for an additional full-
time Associate Planner eno the nmng of 8
consultant To review and update the Zoning
Ordinance. Dave Rusk of the Long Range
Planning Advisory Commission and Chds Wand
of the Historic Preservation Commission spoke
requesting Council consider funding both
decision packages, Consensus was reached
[hat [he request for an additional full4ime
Associate Planner and the hidng of a consultant
to review and Jodate the Zoning Ordinance be
brought to the Public Heating on February 27
2003 for seoarate discussion and vote.
Airport and Library budgets: Council discussed
both budgets and their venous decision
packages.
There being no further business Nicholson
moved to adjourn. Seconded by Michalski
Motion carried 6-0. The meeting adjourned at
8:55 P.M.
/s/Jeanne F. Schneider, CMC
City Clerk
1 t 2/28
Approved:
Adopted:
2OO3
2003
Mayor
Council Members
Attest:
City Clerk
Special Session, February 24, 2003 47
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session, February 24,
2003
Council met in Special Session at 6:15 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buo[, Cline, Connors. Markham. Michalski,
Nicho[son, City Manager Michael Van Milligen
Mayor Duggan read the call and stated this is
a special session 3f the City Council called for
the purpose of discussing vadous City
departmental budgets.
Five Flags Civic Center: After reviewing the
budget, Council requested a Work Session on
the CSL Report - Convention, Sports and
Leisure.
Recreation Division: After reviewing the
budget, a recommendation for more cooperative
events with Central High School was suggested.
Park Division: After reviewing the budget and
in answer to a Council query, assurance was
given that there ~s a sufficient number of Park
Rangers.
Economic Development Department: A review
of the past and proposed major economic
development was 9resented.
Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct.,
spoke commending staff for the major
construction projec[s and requested an annual
status report as to creation and retention of jobs
in T[F districts.
Transit Division: After reviewing the budget, it
was requested that bus service to the new west
end Mall off Asbury Road be considered.
Parking Division: After reviewing the budget,
the comment was made that sufficient
handicapped parking in the ramps needs to be
provided.
There being no further business, Buol moved
To adjourn. Seconded by Michalski. Motion
carried 7-0, The meeting adjourned at 8:07 P.M.
Approved:
Adopted:
Mayor
CounciI Members
AEest:
City Clerk
2003
2003
/si Jeanne F. Schneider. CMC
City Clerk
It 3/5
48 Special Session, February 26, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session. FebFuary 26,
2003
Council met in Soecial Session at 6:15 P.M. in
the Public Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline. Connors. Markham. Michalski,
Nicholson. City Manager Michael Van Milligen
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City
departmental budgets anc to conduct a public
hearing on the Community Developmenl Block
Grant Program.
Community Developmem Block Grant
Program Public Hearing:
Buol movea to suspend the rules to allow
anyone 3resent to speak. Seconded by
Markham. Motion carried 7-0
Walter Pregler, 2966 Shiras Ave.. Chair of the
Community Development Commission,
requested that the Budget stay as presen[eo.
After reviewing the proposed budget. Michalski
moved to res[ore $10.000 to the Historic
Preservation Rahab Program. taking $5,000
from the First Time Homebuyers and $5000
from Homeowner Rahab. Seconded by Cline,
Carried by [he fo[lowing vote: Yees--Buo
Cline. Connors, Markham, Michalski. Nicholson
Nays Duggan.
Michalski moved to adopt the CDBG =lan as
amended. Seconded by Cline. Carried by the
following vote: Yeas Buol. Cline, Connors
Markham. Michalski. Nicl~olson. Nays-Duggan.
Pumhase of Services:
Sue Czeshinski of the Chamber of Commeme
Convention and Visitors Bureau spoke
requesting funding.
Chuck Isenhart of the Dubuaue Area Labor
Management Corporation and Dar White.
President of Union Local 94. spoke requesting
funding.
Bob Felderman, President of the Dubuque
Main Street Ltd.. spoke requesting funding.
Steve Jacobs. Director of Project Concern.
spoke requesting funding for three programs.
David Runyan of Helping Services of NE iowa
spoke requesting funding.
Unda Chapman. Director of RSVP - Retired
Senior Volunteer Program, spoke requesting
funding.
Diane Thomas of Substance Abuse Services
Center spoke requesting funding.
Michalski moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 7-0.
Nicholson suggested that the reeayment
schedule for the Convention and Visitors Bureau
be movee back one year so [hey get some
additional benefit.
There being no further business. Michalski
movea to adjourn. Seconded by Connors.
Motion carded 7-0. The meeting adjourned m
7:35 P.M.
/s/Jeanne F. Schneider. CMC
City Clerk
It 3/6
Approvea:
2003
Adopted:
2OO3
MayQr
Council Members
A~est:
City Clerk
Special Session, Housing Agency, February 27, 2003 49
DUBUQUE
CITY GOVERNING
BOARD OF THE MUNICIPAL
HOUSING AGENCY
OFFICIAL
PROCEEDINGS
Governing Board of the Municipal Housing
Agency, February 27, 2003
Board met at 6:15 P.M. in the Public Library
Auditodum
Present: Chairperson Duggan, Members BuoL
C[ine, Connors, Markham, Micha[ski. Nicholson,
Plein
Chairperson Duggan read the call and stated
this is a session of the Governing Board of the
Municipal Housing Agency called for the
purpose of discussing the FY 2004 Operating
Budget for the Assisted Housing Programs of
the Housing and Community Development
Department.
RESOLUTION NO. 55-03
APPROVING THE FISCAL YEAR 2004
OPERATING BUDGET FOR THE ASSISTED
HOUSING PROGRAMS OF THE HOUSING
AND COMMUNITY DEVELOPMENT DEPART-
MENT
Whereas. the US Department of Housing eno
Urban Development (HUD) has required that a
governing board ce constituted for purposes of
approwng certain actions of the municipal
housing agency; and
Whereas. the City Council has duly constituted
the govermng board of the municipal housing
agency of the City of Dubuque by passage of
Ordinance No. 5-02; anC
Whereas, passage of the operating budget for
the Assisted Housing Programs of the Housing
and Community Development Department is an
action required of the governing board: and
Whereas. the governing board has determined
that approval of the operating budget is in the
best interests of the City of Dubuque.
NOW. THEREFORE, BE T RESOLVED BY
THE GOVERNING BOARD OF THE
MUNICIPAL HOUSING AGENCY OF THE CITY
COUNCIL OF DUBUQUE, IOWA:
The operating budget for the Assisted Housing
Programs of the Housing and Community
Development Department for Fiscal Year 2004
is hereby approved.
Passed. approved and adopted this 27'" day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carded 8-0.
There being no further business. Michalski
moved to adjourn. Seconded by Cline. Motion
carried 8-0. The meeting adjourned at 6:20 P.M.
It 3/7
/si Jeanne F. Schneider. CMC
City Clerk
Approvea:
Adopted:
20O3
2003
Mayor
CounciIMembers
A~est:
City Clerk
50 Special Session, February 27, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Session. February 27.
2003
Council Met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol. Cline. Connors. Markham. Michalski
Nicholsor City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
a Specia Session of the City Council called for
the purpose of conducting 8 Public Hearing on
the Fiscal Year 2004 Budget and Five Year
Capital Improvement Program.
Proofs of Publication on Notice of Public
Hearing on Budget Estimate for Fisca Year
2004 ana Notice of Public Hearing on Five Year
Capital ~mprovement Program beginning July 1
2003 through [he fiscal year ending June 30
2008, presemea aha read. Buol moved that the
proofs be received aha filed. Seconded by
Michalski Motion carried 7-0,
Buol ;qoved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Michalski Motion carried
7-0.
Public input and discussion on departments ir
the following order: Human Rights - no
comments: Fieance - no comments; City
Manager's Office - no comments: City Council -
no comments; City Clerk's Office no
comments: Legal - no comments: Health
Services - no comments; Cable TV - no
comments; Emergency Communications - no
comments: Emergency Management no
comments: Fire - no comments; Police - no
comments: information Services - no
comments: Building Services - no commenrs:
Water Pollution Contra Plant - no comments:
Operations and Maintenance - no comments
Water - no comments; Airpor~ - no comments:
Library - no comments; Civic Center - no
comments; Recreation - no comments, Park-
no comments: Economic Develoomen[- no
comments; Transit- no comments: Parking -
no comments; Purchase of Services - no
comments Capitol Improvement Program - no
comments.
Engineering Department: David Stuart. 1470
Locust. spoke in support of the Stormwater
Utility. Steward Sandstrom. President of the
Chamber of Commerce. John Herrig, as
President of the Landowner's Assn., and Jerry
Marc. 10358 Timothy, as a landlorc, sDoke
objecting to the Stormwater Utility fee, Ray
Taylor, 1080 River Vista Ddve, spoke objecting
To the Stormwater Utility fee and plan. Mike
Portzen, Chair of the Stormwater Utility Citizens
Advisory Committee. spoke in favor of the
Stormwater Utility fee, stressing the need for a
lot of reeairs. Wayne KIosterman of the North
End Neighborhood Assn.. spoke in favor of the
utility if funding not found m the CIP but stressed
the neen of a sunset clause. Greg Cigrand.
1865 Admiral as a former flood victim spoke of
the necessity for programs To alleviate flooding.
Ran Smith 491 3uroh. spoke of the need for the
Utility if ~o[ found in the CIP. but stressed a
sunset clause.
~lanning Department: Dave Rusk. Chair of
the Long Range Planning Commission. Ran
Smith. of the Zoning Advisory Commissior and
Mike Ruden of the Zoning Board of Adjustment
spoke in favor of the requested Planner position
ana the Zoning Ordinance update. Chris Wand.
Chair of the Historic Preservation Commission,
SpoKe in support of the additional Planner
position.
Housing and Community Developmem: Chris
Wand. Chair of the Historic Preservation
Commission. spoke in support of the $20,000
for the Historic ~reservation Homeowner Gran[
Program.
Michalski moved to close the public hearing
aortion of the Budget and to limit discussion ro
the Council. Seconded by Cline. Motion
carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Chapter 44 by adding
thereto ~ ~ew Division V. Stormwater
Management. establishing a stormwater
management utility district, providing for the
powers, duties and responsibilities of the utility,
establishing a stormwa~er management charge;
and establishing a policy regarding expenditure
of utility revenues, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-03
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES CHAPTER 44 BY ADDING
THERETO A NEW DIVISION V.
STORMWATER MANAGEMENT, ESTAB-
LISHING A STORMWATER MANAGEMENT
UTILITY DISTRICT. PROVIDING FOR THE
POWERS, DUTIES AND RESPONSIBILITIES
OF THE UTILITY, ESTABLISHING A
STORMWATER MANAGEMENT CHARGE;
ESTABLISHING A POLICY REGARDING
EXPENDITURE OF UTILITY REVENUES.
Special Session, February 27, 2003 51
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 44 of the City of Dubuque
Code of Ordinances is hereby amended by
adding thereto the following:
ARTICLE V. STORMWATER MANAGEMENT
Sec. 44-270. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascdbed to them in this section, except where
the context clearly indicates a different meaning:
Bonds means revenue bonds, notes, loans or
any other debt obligations issued or incurred to
finance the costs of construction.
Contributor or user means any person owning,
operating, or otherwise responsible for property
within the city which directly or indirecUy
discharges stormwater or surface or subsurface
waters to any portion of the stormwater
management system, including direct or indirect
discharges to the city's stormwater drainage
system, or which is directly or indirectly
protected by the city's flood prete~on system or
stormwater drainage system. The term
"contributor" or "user" means any person
responsible for the direct or indirect discharge of
stormwater or surface or subsurface waters to
the city's stormwater drainage system.
Costs of construction means costs reasonably
incurred in connection with providing capital
improvements to the system or any portion
thereof, including but not limited to the costs of
the following:
(1) Acquisition of all property, real or personal,
and all interests in connection therewith
including all rights-of-way and easements
therefore;
(2) Physical construction, installation and testing
including the costs of labor, services, materials,
supplies and utility services used in connection
therewith;
(3) Architectural, engineering, legal and other
professional services;
(4) Insurance premiums dudng construction, to
the extent not paid for by a contractor for
construction and installation;
(5) Any taxes or other charges which become
due dudng construction;
(6) Expenses incurred by the city or on its behalf
with its approval in seeking to enforce any
remedy against any contractor or subcontractor
in respect of any default under a contract
relating to construction;
(7) Principal and interest on any bonds; and
(8) Miscellaneous expenses incidentsl thereto.
Debt service means the amount of money
necessary annually to pay the interest on
outstanding debt and pay the principal of
maturing debt.
Developed property means real property upon
which a structure or impervious surface has
been placed or constructed, thus increasing the
amount of rainwater or surface water runoff.
Director means the city engineer as director of
the stormwater management utility.
Dwelling unit means a singular unit or
apartment providing complete, independent
living facilities for one or more persons including
permanent provisions for living, sleeping, eating,
cooking and sanitation.
Single-Family Unit or SFU means the average
impervious area of a single-family residential
property located within the city as periodically
determined and established as provided in this
article;
SFU rate means the dollar value periodically
determined and assigned to each SFU as a
charge for stormwater management services,
and expressed as SX.XX per SFU.
Exempt property means public right-of-ways
including public streets, alleys, sidewalks, and
public drainage facilities.
Extension and replacement means costs of
extensions, additions and capital improvements
to or the renewal and replacement of capital
assets of or purchasing and installing new
equipment for the system or land acquisition for
the system and any related costs thereto or
paying extraordinary maintenance and repair,
including the costs of construction, or any other
expenses which are not costs of operation and
maintenance or debt service.
Fiscal year means a 12-month pedod
commencing on July 1, and ending on June 30
of the succeeding year.
Flood protection system means the system of
levees, floodwa[ls, floodgates, storm sewer
gatewells, and stormwater pumping stations
lying adjacent to rivers, creeks, and streams
within the city, including assbciated control and
operating equipment and facilities whether
adjacent to such rivers, creeks, or streams or
remotely located, which are intended to provide
flood protection to properties adjacent to such
rivers, creeks, and streams.
Impervious area means the number of square
feet of hard-surfaced areas which either prevent
or retard the entry of water into soil mantle, as it
entered under natural conditions as
undeveloped property, and/or cause water to run
off the surface in greater quantities or at an
increased rate of flow from that present under
natural conditions as undeveloped property,
including but not limited to roofs, roof
extensions, patios, pomhes, driveways,
sidewalks, concrete/asphalt pavement, gravel
surfaces and athletic courts.
Multifamily residential property means a
residential structure designed with two or more
dwelling units to accommodate two or more
families or groups of individuals living separately
and not shadng the same living space.
52 Special Session, February 27, 2003
Nonoperating revenues refers to revenues
derived from activities other than the basic
operations of the stormwater management
system, but excluding interest income on bond
aroceeds and on contributed capital,
Nonresidential properly means any properly
developed for commercial, industrial
governmental, or institutional use, including
churches, hospitals, and omer eleemosynary
institutions and including multiuse properties
incorporating residential uses, but excludin~c
unoeveloped property and property usec
exclusively for agricultural purposes.
Operating budget means the annual operating
budge[ for the stormwater management utility
adopted by the city council for the succeeding
fiscal year.
Operations and maintenance expense means
[he current expenses, paid or accruec, of
operation, maintenance and current repair of the
system, as calculatad in accordance with sounc
accounting practice, anc includes, without
limiting the generality of the foregoing, insurance
premiums, administrative expenses including
recordkeeping, the cost of marena~s and
supplies used for current adorations, and
charges for the accumulation at appropriate
reserves for current expenses not annually
incurred, but which are such as may reasonably
be exDected to be incurred in accordance witl"
sound accounting practice.
Single-family residential property means s
detached residential structure designed as s
single dwelling unit to accommodate one family
or group of individuals living together anc
sharing the same iving space, but excluding
multi-class (i.e. commemia[, residenfia
industrial, institutional etc.) properties whic?
include single-family residential uses.
Revenues means all rates, fees, assessments
rentals or other charges or other income
received Dy the utility, in connection with the
management and adoration of the system,
including amounts received from the investment
or deposit of moneys in any fund or account and
any amounts contributed by the city, all as
calculated in accordance with sound accounting
practice.
Stormwater drainage system means the
system of publicly or privately owneo or
operated ,~vers, creeks, ditches, drainage
channels, pipes, basins street gutters, and
lakes within the city through which or into which
stormwater runoff, surface water, or subsurface
water ~s conveyed or deposited.
Stormwater management charge means the
charge authorized by state law and this article
winch is established re pay operations aris
maintenance, extension replacement and debt
service of the starmwatar drainage system.
Stormwater management utility or utility means
the enterprise fund utility created by this article
to operate, maintain and improve the system
and for such other purposes as stated in this
article.
Stormwater management utility system or
system means the existing stormwater
management facilities, stormwatar drainage
system, aha flood protection system of the city
and all ~marovements [hereto which by [his
article are constituted as the proper'by and
responsibility of the utility, to be operated as an
enteredse fund to. among other things, conserve
water: control discharges and flows necessitated
by rainfall events: and incorporate methods to
collect, convey, store, absorb inhibit, treat, use
or reuse water to prevent or reduce Flooding,
overdrainage, environmental degradation and
water pollution er otherwise affect the quality
and quantity of discharge from such system.
Total annual revenue requirements refers [o
the total amount of revenue required in one year
to meet all expenditures incurrea duhng that
year for the financing of constTuction and for the
operations and maintenance, including
administration and renewal and replacement
funding, of the stormwarer drainage system,
including facilities for the collection.
transportation, and treatment of stormwater and
of the flood centre protection system, including
river levees and stormwater pumping stations.
Undeveloped property means rea~ property
that has no impervious area.
Sec. 44-271. Declaration of purpose:
establishment of district
(a) The city council finds, determines, and
declares it re be conducive to the health.
welfare, safety and convenience of the city and
its residents that a stormwater management
utility district be established within the city.
Consequently, pursuant re Iowa Code §
384.84(1), a stormwater management utility
district, to be known as The Dubuoue
Stormwater Management Utility, is established,
and it ia ordained and declared that the cit7 shall
be and constitute the stormwater management
utility district, and that the utility shall compnse
and include elements of the city's stormwater
. drainage and flood protection systems which
provide for the collection, treatment and disposal
of stormwatar, surface water, anc groundwater.
t is further found, determined, and declared that
the elements of the stormwater management
utility are of benefit and provide services to all
real properties within the incorporated city limits,
including DroDer~/ not directly served ay the
stormwater drainage system, and that such
benefits and services may include but are not
limited re the provision of adequate systems of
collection, conveyance, detentior treatment and
release of stormwater; the reduction of hazard to
property and life resulting from stormwater runoff
and flooding; imerovement in general health and
welfare through reduction of undesirable
Special Session, February 27, 2003 53
stormwater conditions and flooding; and
impmvemem to the water quality in the
stormwater and surface water system and its
receiving waters.
(b) it is further determine(; and declared to be
necessary and conducive to the protection of the
public health, weifara, safety and convenience of
the city and its residents that charges be levied
upon and collected from the owners or
occupants of all lots, parcels of real estate, and
buildings that discharge stormwater or surface
or subsurface waters, directly or indirectly, to the
city stormwater drainage system, and that the
proceeds of such charges so dedved be used
for the purposes of operation, maintenance,
repair, replacement and debt service for
construction of the stormwater drainage and
flood protection improvements comprising the
stormwater management ufllity.
Sec. 44-272. Powers, duties and
responsibilities.
The stormwater management utility shall have
the following powers, duties, and
responsibilities:
(1) Prepare ordinances as needed to
implemeet this article and forward the
ordinances to the city council for consideration
and adoption, and adopt such regulations and
procedures as are renuired to implement this
ar[icle and carry out its duties and
responsibilities.
(2) Administer the acquisition, design,
construction maintenance and operation of the
utility system, including capital improvements
designated in the =omprahensive drainage plan.
(3) Administer and enforce this aCdcle and all
ordinances, regulations and procedures adopted
relating to the design, construction,
maintenance, operation and alteration of the
utility system, including but not limited to the
quantity, quality and/or velocity of the
stormwater conveyed thereby.
(4) Inspect private systems as necessary to
determine the compliance of such systems with
[his article and any ordinances or reguiaUons
adopted pursuant to this article.
(5) Prepare and revise a comprehensive
drainage and flood protecflon pian for periodic
review and'adoption by the city council
(6) Review p~ans, approve or deny, inspect
aha accept extensions to the stormwater
drainage system.
(7) Establish and enforce regulations to protect
and maintain water quality within the system in
compliance with water quatity standards
established by state, regional and/or federal
agencies as adopted or amended.
(8) Annually analyze the cost of services and
3enefits 3rovided, and the system and structure
of fees. charges. ~nes and other revenues of the
utility, and make recommendations regarding
adjustments to such fees, charges, fines and
other revenues.
(9) Prepare an annual operating budget for the
utility and make recommendations regarding
the financing of the cost of extending and
replacing the system.
Sec. 44-273. Organization.
The city council shall be the governing body of
the stormwater management utility. The
stormwater management utility shall be under
the direction, management and control of the
city engineer who shall function as its director. In
that capacity, the director shall supervise the
day-to-day operation of the stormwater
management utility, shall enforce this article and
the provisions of all ordinances and regulations
adopted pursuant to this article and shall carry
out the policy directives of the city council acting
in its role as governing body of the stormwater
management utility.
Sec. 44-274. Establishment of SFU, SFU rate
and stormwate¢ management charge;
establishment of policy regarding expenditure of
utility revenues.
(a) For purposes of this article, an SFU shall be
equivalent to 2,917 square feet of impervious
property.
(b) Except as provided in this article, every
contributor owning or occupying a single-family
rasideeflal property, multifamily residential
proper[y, or a nonresidential property, other than
exempt property, shall pay to the city , at the
same time payment is made for water service,
sanitary sewer or refuse, a stormwater
management charge to be determined and billed
as provided in this article. In the event the owner
and the occupant of a particular property are not
the same, the liability for payment of the
stormwater management charge attributable to
that property shall be joint and several as to the
owner and occupant. The stormwater
management charge shall be a monthly service
charge and shall be determined by this article
and the SFU rate which is established in this
article and from time to time adjusted as
provided in this article.
(c) The stormwater management charges
provided in sections 44-275 through 44-276 of
this article shall be applied and computed for
each contributor during the customary billing
pedods as to ali bills mailed by the city's finance
director, and such charges shall thereafter be
paid and collected as provided in this article.
(d) The SFU rate to be applied to residential and
nonresidential properties for the period July 1,
2003 through June 30, 2008 shall be $1.29 per
SFU. The director shall determine the SFU rate
to be applied to residential and nonresidential
propedies within the city and shall certify the
same promptly thereafter to the city manager.
The city manager shall inform the city council of
the rate so calculated at the time that the budget
54 Special Session, February 27, 2003
for the stormwater management utility is
submitted to the council for its rewew and
aDDroval. If it is determined that the SFU rate is
[o be adjusted, the city manager shall thereafter
publish said adjusted rate once in a newspaper
of general circulation, shall give notice thereof to
contributors if and as requirec By applicable
state or federal ]aw, and shall, in the absence of
council enactment of an ordinance not later than
May 1 directing the imposition of a different rate.
proceed to impose and collect the adjusted rate
from and after July 1 of that year,
(e) If at any time the director determines that the
SFU rate aha/or the budget for the stormwater
management utility system requires adjustment.
the director shall 'epor[ such determination to
the city manager and city council. The city
council may at any time adjust the SFU rate by
adoDtion of an ordinance amending this section.
and may at any time adjust the budget for the
stormwater management utility system By
adoption of an appropna[e resolution
(f) The city council hereby establishes a formal
policy regarding the exoenditure of stormwater
management utility revenues as follows:
(1) The city manager shah develop and
~mplement a cost accounting system, capable of
accurately recording and segregating charges to
the system Dy ail departments of the city, to
include the cost of personneh machinery,
contract equipment and construction supplies
depreciation, and any and all miscellaneous
expenses and purchases.
(2) No revenues generated Dy the stormwater
utility user fee shall be usec for any purpose
other than stormwater expenses.
Sec. 44-275. Stormwater management charge
for single-family residential property.
(a) The stormwater management charge for a
single-family residential property shall be the
following nercentage of the SFU rate:
Impervious Area Percentage
of the Property of SFU Rate
(square feet)
50%
1,471 or less
100%
1,472 to 4,374
150%
4,375 or more
(b) As to a new single-family residence, the
stormwater management cnarge attributable to
that residence shall commence upon the eadier
of the following: The issuance of a nermanem
water*meter. If no water-meter is issued for that
devetoDment or if developmem has halted, on
the date that the director or the director's
designee determines in reasonable judgment
that the development is substantially complete
or has been halted for at least three months
(c} Any owner or occupant of a residential
property aggrieved by the director's calculation
of me stormwater management charge as
erovided in this section may appeal such
determination to the director as provided in
section 44-280 of this article.
Sec. 44-276. Stormwater management charge
for non-single family residential properc/.
The stormwater management charge for a non-
single family residentia property shall be the
following percentage of the SFU rate multielied
By the number of dwelling units on the property:
Conclomilllum 83%
Mobile HOme 65%
Sec. 44-277. Reserved
Sec. 44-278. Stormwater management charge
for nonresidential 3roperty.
(a) The stormwater management charge for
nonresidential property shall be the SFU rate
multiplied By the numerical factor obtained by
dividing the total imDerv~ous area of a
nonresidential properly by the number of square
feet in one SFU. The minimum charge for any
nonresidential property shall be equal [o one
SFU rate. For newly developed nonresidential
proper[y, the charge attributable to that property
shall commence or increase, for additional
development [o properly which is already
developed, upon the issuance of the certificate
of occupancy for such additional development
or. f no certificate of occupancy will be issued
for that development or if development has
halted on the date that the director or the
director's designee determines in reasonable
judgment that the development is substantially
oomB~ete or nas Been halted for at least three
months.
(b) For separately metered occupancy units
within a nonresidential properly with joint users
of common impervious areas, the director shall
calculate anc allocate the pro rata stormwater
management charge among the users.
(c) Any owner or occueant of a nonresidential
properly aggrieved by the dire¢or's calculation
of the stormwater management charge or
allocation among users as provided in this
section may appeal such determination to the
director as Drovided in section 44-280 of this
article.
(d) An adjustment to the stormwater charge
may be granted by the director who is hereby
authorized to establish proceaures anc
standards for the adjustment of fees.
Special Session, February 27, 2003 55
Sec. 44-279. Reserved
Sec. 44-280. Appeal of impervious surface
calculation.
(a) Any owner or occupant of a single-family
residential property aggrieved by the initial or
any subsequent determination of the stormwater
management charge for such property, as
provided in section 44-275 of this article, may
appeal such determination and calculation to the
director, utilizing information supplied by the
appealing owner or occupant, provided such
information is verified as correct by a certified
professional engineer or surveyor at the owner
or occupant's expense.
(b) Any owner or occupant of a mu]tifamily
residential property aggrieved by the initial or
any subsequent calculation of the stormwater
management charge, as provided in section 44-
276 of this article, may appeal such calculations
and allocafion to the director as outlined herein.
(c) Any owner or occupant of nonresidential
property aggrieved by the initial or any
subsequent calculation of the total impervious
area of such property, calculation of the
stormwater management charge for such
property, as provided is section 44-278 of this
article, may appeal such calculations or
allocation to the director. Upon such appeal, the
stormwater management charge shall be
recalculated using information obtained as
provided in this section.
(d) An appeal by the owner, occupant, or
occupant organization of a single-family or
muttifamily residential property must be filed in
writing within 90 days after the initial billing of
the srormwa[er management charge for that
property or within 90 days after any billing
showing a recalculation of the stormwater
management charge for that property. For an
appeal occurring within 90 days of the initial
billing of a property, any adjustment of the
stormwater management charge resulting from
such appeal shall be retroactive to the date of
the initial billing. For an appeal occurring within
90 days of a billing showing a recalculation of
the stormwater management charge, any
adjustment of the stormwater management
charge resulting from such appeal shall be
'etroactive to the date the recalculated bill went
into effect.
(e) The owner, occupant, or occupant
organization of a nonresidential property, who is
aggrieved (i) by the initial or any subsequent
calculation of the impervious area of the
property, (ii) by the calculation of the stormwater
management charge, or (iii) by the allocation of
such charge among occupants, may appeal
such determinations, provided that such appeal
must be filed in wdting within 90 days after the
initiat billing of the stormwater management
charge for that property or within 90 days after
any billing showing a recalculation of the
stormwater management charge for that
property. If an appeal occurs within 90 days after
the initial billing of a property, any adjustment of
the stermwater management charge resulting
from such appeal shall be retroactive to the date
of the initial billing. If an appeal occurs within 90
days after a billing showing a recalculation of the
stormwater management charge, any
adjustment of the stormwater management
charge resulting from such appeal shall be
retroactive to the date the recalculated bill went
into effect.
(f) Appeals by the owners, occupants, or
occupant organizations of multifami[y residential
properties or nonresidential properties shall
include a statement of the total property area,
and/or total impervious area, as appropriate for
the particular grounds for appeal. Appeals by the
owners of single-family residential properties
shall include a statement or data showing the
actual square footage of the lot or parcel. Such
information may be shown on stormwater
management reporting forms or on appeal forms
and may be accompanied by plats, county
assessor's records, or survey data. The director
may request additional information from me
appealing party. Based upon the information
provided by the utility and appealing party, the
director shall make a final calculation of the
stormwater management charge: The director
shall notify the parties, in wdting, of the director's
decision within 90 days after receipt of the
appeal. If still aggrieved, a party may request, in
writing, a review by the city manager of the
director's decision. Such request must be filed
with the city manager within 30 days after the
director's decision, shall cite specific error by the
director, and shall include the calculation of the
stormwater management charge which the
appealing party believes to be correct. The city
manager shall review the record presented and
render a wdtten decision within 30 days after
receipt of the request for review. The city
manager may request additional information
from either party. If still aggrieved, a party may
request review of the city manager's decision by
the city council in the same manner as above
provided for review by the city manager. The
filing of an appeal shall not excuse the payment
of the stormwater management charge when
due. However, the city shall refund any portion
of the charge paid subsequent to the filing of the
appeal which is adjudged to be excessive, with
interest at the rate provided by law.
Sec. 44-281. Rate determinations; compliance
with bond covenants.
(a) In calculating the SFU rate as provided in
section 44-274 of this article, the director shall
include in the budgeted expense and revenue
amounts sufficient funds as will ensure
compliance with -any and all rate covenants
applicable to any outstanding bonds, notes or
56 Special Session, February 27, 2003
other obligations issued in connection with the
construction am: operation of the stormwater
management utility system.
(b) For purposes of complying with any
covenant relating to the issuance of additional
bonds, notes or other obligations ranking on a
parity with outstanding bonds issued in
connection with the construction and ooerafion
of the stormwater management utility, the
director shall, onor to counci consideration of
the resolution to take additional action for the
ssuance of such additional bonds, abc with
such assistance from the city's independent
accountams as the director deems necessary,
calculate the SFU rate necessary to proeuce
'evenues sufficient to comply with such
covenant and shall certify the rate to the city
manager. The city manager shall inform the city
council of the revised SFU rate at the time that
the 'esolution to take additional action for the
~ssuance of such bonds is submitted to the
council for its review and approval. Upon council
aooroval of SUCh resolution, the city manager
shall publish the revised SFU 'ate once in a
newsoaoer of general circulation, shall give
notice thereof to contributors if and as reouired
by applicable state or federal law. and shall
proceed to impose ano collect the rate
commencing with the next available billing cycle.
Sec~ 44-282. Billing procedures: delinquent
accounts and collection orocedures.
(a) The procedures for billing of the stormwater
management service charges provided ir
sections 44-275 through 44-278 of this article
and for the collection of delinquent stormwater
management service charges shall be as
provided in section 44-86.
(b) Contributors who are not billed by the city
[or water, sanitary sewer or refuse shall be
directly billed for stormwater management
services Dy the city. In such instances, the billing
and collection of stormwater management
charges shall be subject to the same rules abc
procedures as to delinquency in payment,
certification of delinquency, and property lien as
provided in section 44-86.
Sec. 44-283. Annual review of SFU rate.
Under this article, the director shall review the
SFU rate annually and revise tl~e 'ate as
necessary to ensure that the system generates
adeouate revenues to pay total annual revenue
reauirement$.
Sec. 44-284. Reserved,
Sec. 44-285. Reservec
Sec. 44-286. Exoenses of collecfior of
stormwater management charges.
The incremental cost of collecting and
accounting for all stormwater management
charges, including reasonable compensation to
the [inance director: the maintenance of a~
books and records; the employment of
necessary personnel; the cost of all books.
records, materials and supplies: the obtaining
and maintaining of ail office and storage space;
ano all other costs and expenses reasonably
necessary in connecfion therewith or incidental
thereto, shall be a part of the cost of operating
the stormwater utility and shall be incurred when
the finance director, in the exercise of his or her
judgment, shall so determine. The incremental
cost thereof shall be deducted Dy the finance
director, uoon his or her certification as to the
amount thereof, from the remittance to which it
re,ares, subject to the condition that any
proposed change in any method of computing
such incramenta[ cost may 3e effective
prospectively only ano only after such pmposec
change shall ~ave been submitted to abc
aoDroved by the city council. Sec. 44-287. F~eserved.
Section 2. This Ordinance shall take effect
upon publication.
Passed approved and adooted this 27~" day of
February, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC. City Clerk
Published officially in the Telegraph Herald the
7th day of March. 2003.
Jeanne F. Schneider. CMC, Cit~ Clerk
It 3/7
Buct moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at t~vo Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and ~assage of the Ordinance.
Seconded Dy Nicholson. Carried by the
following vote: Yeas--Buol. Cline. Connors.
Markham Michalsk Nicholson. Nays--
Duggan.
Communication from the Long Range Planning
Advisory Commission regarding their review of
the Five Year Capital Improvement Program
Budget, presented and reaa. ~licholson moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO, 56-03
ADOPTION OF FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM AS AMENDED
WHEREAS. a recommended five year Capital
Improvement Program for the period beginning
July 1. 2003. and ending June 30, 2008, [or the
City of Dubuoue has been prepared and
submitted to the City Council: and
WHEREAS. the five year Capital Improvement
Program: (1) describes scecific capita[
improvement projects; (2) provides estimated
costs for those projects; (3) proposes sources of
funds for each of them; abc (4) schedules the
year during which each project will be
undertaken: and
Special Session, February 27, 2003 57
WHEREAS, the capital improvement projects
for the first year are included in the Fiscal Year
2004 budget for the City of Dubuque; and
WHEREAS. the five year Capital improvement
Program will be reconsidered annually by the
City Council and appropriately revised; and
WHEREAS. the aeoption of the five year
Caoital Improvement Program is a prudent
measure to provide continuity of programs and
is in the best interest of the City of Dubuque.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE. IOWA:
Section 1. That the five year Capital
Imorovement Program for the period beginning
July 1 2003. se[ ou[ in the Fiscal Year 2004-
2008 Recommended Capital Improvement
Budget, as amended, is hereby approved, and
adopted as the proposed allocation of the City
resources for capital improvements as
scheduled in the years shown, subject to annual
review and revision.
Passed. approved and adopted this 27~h day of
February 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution,
as amended. Seconded by Cline. Motion
carried 7-0.
Communication from the Histodc Preservation
Commission regarding the Fiscal Year 2004
Community Developmen[ Block Grant Annual
Actio~ Plan and requesting the allocation of
$20,000 for the Historic Preservation
Homeowner Grant Program, presented and
read. Micha[ski moved that the communication
be received and filed. Seconded by Cline.
Motion carded 7-0.
RESOLUTION NO. 57-03
A RESOLUTION ADOPTING THE PROGRAM
YEAR 2003 (FISCAL YEAR 2004)
COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL PLAN AS
AMENDED
Whereas, the City of Dubuque has, through a
sedes of public meetings and hearings, finalized
a Program Year 2003 (Fiscal Year 2004)
Community Developmen[ Block Grant Annual
Action Plan addressing both housing and non-
housing needs in the community; and
Whereas. copies of the draft Program Year
2003 (Fiscal Year 2004) CDBG Annual Plan
have been available for public comment 30 days
prior to Cit~ Council action: ano
Whereas, the City's Community Development
Advisory Commission has reviewed and
recommended adoption of the Annual Plan; and
Whereas. the City Council has held a public
hearing on the proposed plan and amended the
clan.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Program Year 2003 (Fiscal
Year 2004) Community Development Block
Grant Annual Action Plan as amended, at[ached
hereto as Exhibit C and by this reference made
a pa~t hereof, is hereby adopted.
Section 2. That the City Manager is hereby
authorized and directed to prepare and to submit
to the U.S. Department of Housing and
Development the Program Year 2003 (Fiscal
Year 2004) Annual Plan for the use of
Community Development Block Grant funds
based on this adopted budget.
Passed, approved and adopted this 27~h day of
February 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Ctsrk
Michalski moved adoption of the Resolution,
as amended. Seconded by Cline. Motion
carded 7-0.
RESOLUTION NO. 58-03
ADOPTING THE FIVE-YEAR STREET
CONSTRUCTION PROGRAM FOR FISCAL
YEARS 2004-2008
Whereas, a recommended Five-Year Street
Construction Program for the Fisca~ Years 2004-
2008 beginning July 1, 2003, and ending June
30, 2007, for the City of Dubuque has been
prepared and submitted to the City Council; and
Whereas, the Five-Year Street Construction
Program: 1) describes specific capital
improvement projects; 2) provides estimated
costs for those projects; 3) proposes sources of
funding; and 4) schedules the. fiscal/calendar
year dudng which each project will be
undertaken; and
Whereas, the capi[al improvement projects for
the first year of such five-year program are
included in the Fiscal Year 2004 budget; and
Whereas, the adoption of the Five-Year Street
Construction Program is a prudent measure to
provide continuity of programs and is in the best
interest of the City of Dubuque.
NOW THEREFORE, BE iT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Five-Year Street
Construction Program for Fiscal Years 2004-
2008 beginning July 1, 2003, set out in the
Fiscal Years 2004-2008 Recommended Capital
Improvement Budget, is hereby approved and
adopted as the proposed allocation of City
resources for capital improvements as
scheduled in the years shown, subject to annual
review and revision~
Passed, adopted and approved this 27~h day of
February, 2003.
Terranca M. Ouggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
58 Special Session, February 27, 2003
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carded 7-0.
RESOLUTION NO. 59-03
A RESOLUTION ADOPTING THE ANNUAL
BUDGET, AS AMENDED, FOR THE FISCAL
YEAR ENDING JUNE 30, 2004
NOW THEREFORE BE '- RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE OWA:
Section 1. That the annual budge[, as
emended, for the fiscal year ending June 30,
2004 as set for[h in the Adoption of Budget and
Cer[ificatlor of Taxes summary and supporting
state budget forms and in the detailed budge[ in
SUDDOrt thereof showing the revenue est]metes
and appropriation expenditures and allocations
to programs and activities for said fiscal year is
adopted, and the City Clerk is directed to make
the filings required by law and to set up the
books in accordance with the summary and
details as adopted.
~'assed. approved and adopted this 27~ day of
February 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski movea aooption of the Resolution,
es amenoea, Seconded by Cline. Carried by the
following vole: Yees~Buol. Cline. Connors,
Markham. Michalski. Nicholson. Nays--Duggan.
Communication from the City Manager
representing options On funding for the [wo
items held out for separate discussion aha
making a recommendation on a temporary hiring
freeze to cover the impact of reduced utility tax
replacement exc~se tax revenue and the impact
of valuation changes since the budget
recommendation was submitted, presented and
reaa. Michalski moved that the communication
be ,eceived ana filed and approved the
recommendation. Seconded by Cline. Carried
by the following yore: Yeas--Buol. Cline.
Connors, Markham, Michalski. Nicholson.
Nays--Duggan.
tams held out for separate discussion: Ful
time Associate Planner Position - $70.000 and
Zoning Ordinance Review ano Uodate
$130.000. Communications from the Histodc
Preservation Commission Long Range Planning
Advisory Commission, Zoning Advisory
Commission and Zoning Board of Adjustment in
SUBDort of the additional Associate Planner
position and communications from the Long
Range Planning Advisory Commission Zoning
Advisory Commission and Zoning Board of
Adjustment in suppor[ of the hiring of a
consultant to review and update the Zoning
Ordinance, presented and read. Michalski
moved that the communications be received and
filed. Seconded by Cline. Carried by the
following vote: Yeas--Buoh Cline, Connors.
Markham. Michalski, klicholson. Nays--
Duggan.
MichaJski moved to postpone consideration of
the additional Associate Planner position until
funds were available ,after the hiring freeze was
lifted. Seconded by Markham. Motion carried 7-
0.
Nicholson moved to take the City Manager's
recommendation [o not do the sidewalks 'n
Washington Park at this time and to use mose
funds to implement the update of the Zoning
Ordinance Seconded by Michalski. Carried by
the following vote: Yeas--Buol. Cline. Connors.
Markham. Michalski. '4icholson. Nays--Duggan.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa.
Section 9-31 "Registration Fees" for bicycles by
increasing the fees, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA. BY REPEALING SECTIO 9-31
"REGISTRATION FEES" AND ENACTING A
NEW SECTION 9-31 IN LIEU THEREOF
PROVIDING FOR AN INCREASE iN
"REGISTRATION FEES" FOR BICYCLES
NOW THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE OWA:
Section 1. That Sec. 9-31 o1 the Code of
Ordinances of the City of Dubuque, owa be and
is hereby repealed and the following new Sec. 9-
31 is enacted in lieu thereof:
Sec. 9-31 Registration Fees.
(a) The fee for a bicycle registration on any
after Mamh I 2003 the fee for a bicycle
registration shall be five dollars ($5.00] valid for
the length of time the bicycle is owned.
(b) Bicycle registration fees shall no[ be
prorated, refundable or transferred.
Section 2. This Ordinance shall take effect on
March 1, 2003.
Passed. appravea and adopted the 27~ day of
February, 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph Herald
newsaaoer this 1st day of Marcl- 2003.
Jeanne F. Schneider, City Clerk
It 3/1
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and fur[her moved final
Special Session, February 27, 2003 59
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carded 7-0.
RESOLUTION NO. 60-03
ADJUSTING FEES
FOR AMBULANCE SERVICE
Whereas, fees for ambulance service have not
been adjusted for several years: and
Whereas, changes in the federal Medicare
program ru]es require changes in the fee
structure for ambulance service: and
Whereas, market studies and technology
upgrades also support an increase in ambulance
fees.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The following fee schedule for
ambulance service is adopted:
Resident Non-Resident
Basic Life Support (BLS) Base Rate
$400.00 $550.00
Advanced Life Support'(ALS) I Base Rate
$500.00 $650.00
Advanced Life Support (ALS) 2 Base Rate
$650.00 $800.00
On Scene Care Basic Life Support (BLS)
$ 75.00 $225.00
On Scene Care Advanced Life Support (ALS)
$150.00 $300.00
Oxygen Administration
$ 35.00 $ 35.00
Spinal immobilization
$ 75.00 $ 75.00
NitreNox~ Analgesia
$ 75.00 $ 75.00
Disposable Supplies
$10.00 cost = 300% mark-up >
$10.01 cost = 200% mark-up
Mileage
$ 6.00 $ 6.50
Paramedic Intercept
$400.00 $400.00
Stand-by As determined by the Fire Chief
Section 2. This fee echeduie shall take effect
on March 1,2003.
Section 3. The City Manager or the City
Manager's designee is authorized to accept as
payment in full the amount paid by Medicare or
Medicaid and any other insurers for covered
ambulance services for Medicare and Medicaid
patients who are residents of the City of
Dubuque. '
Passed, approved and adopted this 27'" day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, iowa, by replacing
Table 108.2 in Section 11-2 with a new Table
108.2 to Section 11-2 providing for the issuance
of permits and collection of fees therefore for
building permits, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
REPLACING TABLE 108.2 IN SECTION 11.2
WITH A NEW TABLE 108.2 TO SECTION 11-2
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFORE.
NOW. THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-2 of the Code of
Ordinances of the City of Dubucue. iowa be
amended by repeating Table 108.2 and enacting
a new Table 108.2 in lieu thereof as follows:
Tabts No. 108.2 - BUILDING PERMIT FEES
1. Permit Issuance Fee for each permit: $5.00
2. Valuation Fee Schedule (in addition to permit
issuance fee)
$1.00 to $500.00 $20.00
$501.00to$2.000.00 $20.00 for the first
$500.00, plus ~10.00 for each additional
$500.00 or fraction thereof, to and including
$2,000.00.
$2,001.00to $25,000.00 $50.00 for the first
$2,000.00, plus $8.00 for each additional
$1,000.00 or fraction thereof, to and including
$25.000.00.
$25,001.00 to $50.000.00 $234.00 for the first
$25,000.00, plus $6.00 for each additional
$1.000.00 or fraction thereof, to and including
$50,000.00.
$50,001.00 to $100,000.00 $384.00 for the first
$50,000.00. plus $4.00 for each additional
$1000.00 or fraction thereof, to and including
Sf 00,000.00.
$100,001.00 to $500,000.00 $584.00 for the
first $100.000.00, plus $33.00 for each
additional $10,000.00 or fraction thereof, to and
including $500,000.00.
$500,001.00 and above $1904.00 for the first
$500,000, plus $27.00 for each additional
$10,000.00 or fraction thereof. Other inspections and Fees
(1) Plan review fees when a plan is required
by section 302(b) of the code. per hour of review
time. $30.00* (minimum of one,hour charge and
charged in 1/2-hour increments beyond the first hour)
(2) Inspections outside of normal business
hours, per hour. $45.00* (minimum charge of
two (2) hours)
(3) ReinspectJon fee assesse¢ under
provisions of Section 305(g), each. $30.00*
60 Special Session, February 27, 2003
(4) Inspections for which no fee is specifically
indicated, per hour. S30.00* (minimum charge of
1/2-hour)
(5) Additional plan review required by
changes, additions or revisions To approved
plans, per hour..$30.00* I.m~nimum cnarge of
1/2-hour'
' Or the total hourly cost to the iurisdiction
whichever is [he greatest. This cost shall
inc[uoe outside 31an 'eview expense,
superv[sior overhead, equipment, hourly wages
and fdnge benefits of the employees involved
Section 3. This Qrdinance sha~l De in effect
after its fina~ passage, approval and publication
as required by law.
Passed approved and aoopted this 27th (3ay
of February, 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph Herald
newspaper this 7~ oay of March, 2003.
Jeanne F. Schneider, CMC. City Clerk
It 3/7
Buol movec ti~at the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed De
suspended and further moved final
consideration an~ passage of the Ordinance.
Seconded by Nicholson. Motion carded 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa,
Sect ons 44-83(a)(3)g, establishing basic sewer
rems for residential and commercial users~
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 10-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, SECTIONS 44-83 (a)(2) AND 44-83
(a)(3)g. ESTABLISHING BASIC SEWER
RATES FOR RESIDENTIAL AND
COMMERCIAL USERS.
NOW, THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL FOR THE CITY OF
DUBUQUE, IOWA:
Section 1 Section 44-83 (a)(2) of the Code of
Ordinances City of Dubuque, Iowa is hereby
amended to read as follows:
Rates per eaca one ~undred (100) cubic
feet.....$1.64
Section 2 Section 44-83 (a)(3)g. of the Code
of Ordinances, City of Dubuque, is hereby
amended to read as follow:
Where the quantity of water consumed is such
that the minimum service is chargea, the
minimum sewer service charge, according to the
size of the meter, shall be as follows:
Meter Size Minimum Allowance
(inches) Charge (cubic feet)
5/8 $ 3.27 200
3/4 $ 8.17 50O
I or larger $13.07 800
Section 3. This Ordinance shall take effect on
the first day of July, 2003.
Passed, approved and adopted this 27th day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
7~" day of March, 2003.
Jeanne F. Schneider, CMC, City Clerk
It 3/7
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nichoison. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 40-39 paragraph
(d) providing for solid waste collection carts to
be available to all City yard waste collection
cus[omers and establishing the fee for such
carts: and increasing the annual permit fee for
the collection of yard waste from $20.00 to
$25.00. presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-03
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES SEC-
TION 40-39 PARAGRAPH (d) PROVIDING
FOR SOLID WASTE COLLECTION CARTS TO
BE AVAILABLE TO ALL CITY YARD WASTE
COLLECTION CUSTOMERS AND ESTAB-
LISHING THE FEE FOR SUCH CARTS; AND
INCREASING THE ANNUAL PERMIT FEE
FOR THE COLLECTION OF YARD WASTE
FROM $20.00 TO $25.00.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-39(d) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 40-39. Yard Waste
(d) Yard waste collected by the city shall be
placed in degradable paper bags with an affixed
single use tag or in permanent waste containers
with an affixed annual yard waste permit or be
contained by tying devices approved by the city
manager. The charges for collection and
diseosa[ of "yard waste" as defined sha(I be as
follows:
(1) The fee for tying devices approved by the
city manager shall be one dollar five cents
($1.05) each.
(2) The fee paid to the city by a property owner
for an annual yard waste permit for a permanent
Special Session, February 27, 2003 61
waste container shall be twenty-five dollars
($25.00) each through June 30 of each year.
The fee shall be reduced by one-half (1/2) on
July 1 of each year, and again by one-half (1/2)
on September 1 of each year. A permit shall
only be used by the property owner who
purchased it.
(3) The fee for single use tags shall be one
dollar five cents ($1.05) each.
(4) Solid waste carts, owned by the city for
semi-automated lifting, may be subscribed by
ownem and/or property managers of class I, [I,
and I]] premises. The fee for a sixty-four (64)
gallon city car[ shall be four[een dollars fifty
cents ($I4.50) for each subscribed month dudng
the yard waste collection season. A non-
refundable star[up administrative fee of twenty
dollars ($20.00) shall be charged each time a
cart is delivered to a newly subscribed cart
customer. Carts shall be stored by the customer
until the customer's subscription is cancelled.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 27th day of
February, 2003.
Terrance M. Duggan, Mayor
At[est: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 7th day of Mamh, 2003.
Jeanne F. Schneider, City Clerk
It 3/7
Buol moved that the requirement ihat a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pdor to
the meeting at which it is to be finally passed be
suspended and fur[her moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7~0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 40-37 paragraphs
(a), (b), and (c) establishiug charges for the
collection and disposal of solid waste and
recyclable materials increasing the base fee
from $7.20 per dwelling unit per month to $7.49
and amending Section 40-37 paragraph (d)
providing for solid waste carts to be available to
all refuse collection customers, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-03
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 40-37 PARAGRAPHS (a), (b) AND
(c) ESTABLISHING CHARGES FOR THE
COLLECTION AND DISPOSAL OF SOLID
WASTE AND RECYCLABLE MATERIALS
INCREASING THE BASE FEE FROM $7.20
PER DWELLING UNIT PER MONTH TO $7.49;
AND AMENDING SECTION 40-37
PARAGRAPH (d) PROVIDING FOR SOLID
WASTE CARTS TO BE AVAILABLE TO ALL
REFUSE COLLECTION CUSTOMERS.
NOW, THEREFORE, BE IT ORDAINED BY
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-37 (a), (b), (c) and (d) of
the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 40-37. Charges-Amounts; Exceptions:
(a) Class I Premises: Except as qualified
below, a fee of seven dollars forty-nine cents
($7.49) per dwelling unit per month shall be paid
to the city by the property owner of each class I
premises for such services. Said fee shall be in
payment for collection and disposal of one 35-
gallon can or one 35-gallon trash bag of "solid
waste" as defined in rthis chapter. There is no
limit on the number of bins allowed to be
collected containing acceptable ,recyclable
materials" as defined in this chapter. Exceptions
to the collection charges for class I premises are
as follows:
(1) When a class I premises has been
vacant for a pedod not less than three (3)
consecutive months, the owner may apply to
the city manager for a credit under procedures
to be established by the city manager. Such
credit shall continue only so long as the class I
premises is vacant.
(2) Class I premises when the head of the
household is sixty five (65) years of age or
older and has an annual income equal to or
less than the income standards used by HUD
for its "section eight (8) housing program" for
one- and two-person households may, upon
application to the city manager, be exempted
from one-half (I/2) the established collection
charge. After the initial application, annual
application shall be made by the head of
household on July I of each year to verify
annual income and eligibility.
(3) in cases of extreme financial hardship,
the city manager, may and is hereby
authorized and empowered to, make
adjustments in the monthly collection charges
as the city manager may deem appropriate. In
such cases, the city manager shall have the
authority to require such proof of vacancy,
financial status, age or extreme hardship as
the city manager may deem necessary.
(4) Class I premises when a family
household of five (5) or more persons has an
annual income equal to or less than the
income standards used by HUD for its "section
eight (8) housing program" for the size of that
household may, upon application to the city
manager, be exempted from one-haE (1/2) the
established collection charge. After the initia~
application, annual application shall be made
by the head of household on July 1 of each
year to redly annual income and eligibility.
62 Special Session, February 27, 2003
(b) Class I Premises: A fee of seven dollars
forty-nme cents [$7.49) per month shall be paid
to the city by the proper~y owner of each class II
premises for such services. Said fee shall be in
payment for collection and disposal of one 35-
gallon can or one 35-gallon trash bag of "solid
waste" as defined. There is no limit on the
number of bins allowed to be collected
containing accaotab[e "recyclable materials" as
defined.
The owner of a class II premises served by the
city solid waste collection may provide the city
manager with nor [ess than fourteen (14) days'
written notice of intent to terminate the service.
Such termination of service shall be effective at
the beginning of the next billing period after such
fourteen (14) day notice period.
(c) Class ill Premises: A fee of seven dollars
forty-rune cents ($7.49) per month shall be paid
to the city by the property owner of each class
premises for such services. Said fee shall be in
payment for collection and disposal of one 35-
gallon can or one 35-gallon trash bag of "solid
waste" as defined. There is no limit on the
number of bins allowed to be collected
containing acceptable "recyclable materials" as
defined.
The owner of a class Ill premises servee by
city solid waste collection may provide the city
manager with not less than fourteen (14) days'
written notice of intent to terminate the service.
Such termination of service shall be effective at
the beginning of the next billing period after SUCh
fourteen (14) day notice period.
(d) Class . I Or Ill Premises: Collection
options and charges under unit based pricing for
class I[ and Ill premmes are as follows:
(1) A yearly subscription for weekly collection
of an additional standard solid waste
container, or containers, may be subscribed
for an additional four dollars thirty three cents
($4.33) each per month. The subscription ends
eacn year on June 30. A subscription may not
be canceled before June 30.
(2) A three (3) month subscription for weekly
collection of an additional standard solid waste
container, or containers, may be subschbed
for an additional four dollars thirty three cents
($4.33) eacn 3er month. The four (4)
subscription periods are July, August eno
September: October. November eno
December: January, February ana March; and,
Apdl, May aha June A subscription may not
be canceled.
(3) Oversize. nonstandard rigid solid waste
containers of up to fifty (50) gallons ~n capacity
may De subscdbee as the one container
covered under the base monthly solid waste
fee for an additional one dollar eighty cents
($1.80) per month. Such containers shal be
holders for standard trash bags [or manual
removal by c~ty crews, shall not contain any
loose material, and shall not be lifted and
dumped by crews. Individual trash bags held in
the oversized container shall weigh no more
than forty (40) pounds.
(4) A yearly subscription for weekly collection
of an additional oversized solid waste
container, or containers, may be subscribed
for an additional five dollars fifty cents ($5.50)
each per month. The subscription ends each
year on June 30. A subscription may not be
canceled before June 30.
(5) A three (3) month subscription for weekly
collection of an additional oversize solid waste
container, or containers, may be subscribed
for an additional five dollars fifty cents ($5.50)
each per month. The four (4) subscription
pedods are July, August and September;
October, November and December; January,
February and Mamh; and, April, May and
June. A subscription may not be canceled.
(6) Solid waste carts, owned by the city for
semi automated lifting, may be subscribed by
owners and/or property managers of class I, II
and Ill premises. The customer shall choose
the number and size of the cart. The fee for a
sixty five (65) gallon city car[ shall be
seventeen dollars ($17.00) each per month.
The fee for a ninety five (95) gallon city cart
shall be twenty five dollars ($25.00) each per
month.
(7) Official city of Dubuque single use
stickers costing one dollar five cents ($1.05)
shall be applied to each additional standard
solid waste container or small bulky or bundled
item in excess of the one standard solid waste
container collected under the base monthly
solid waste fee or any additional subscribed
container(s).
(8) Multiple-family dwellings of three (3), four
(4), five (5), and, six (6) dwelling units as well
as class II or class III premises shadng a
common set out location with other city solid
waste customers shall only use approved rigid
solid waste containers with permanent
identification as to the specific premises.
However, for the two (2) weeks following
Christmas excess solid waste may be set out
in trash bags with applied city of Dubuque
single use stickers.
Section 2. This ordinance shall take effect on
the first day of July, 2003.
Passed, approved and adopted this 27~h day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
7~h day of March, 2003.
Jeanne F. Schneider, CMC, City Clerk
It 3/7
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
Special Session, February 27, 2003 63
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and aassage of the Ordinance.
Seconded by Nichoison. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 44-201(a) fixing
water rates for residentiaL, commercial, industriai
and ail other uses, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, SECTION 44-201 (a), FIXING WATER
RATES FOR RESIDENTIAL. COMMERCIAL,
INDUSTRIAL, AND ALL OTHER USES.
NOW, THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL FOR THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 44-201(a), of the Code of
Ordinances, City of Dubuque, Iowa is hereby
amended to read as follows:
Section 44-201 (a). Residential, Commercial,
Industrial and all other uses.
Commencing July 1 2003. the rates to be
charged for water for residential, commercial
industrial and all other uses and purposes by
any person, firm or corporation within the City
shall be fixed and determined as follows:
Monthly Consumption Chanqe per Hundred
Cubic Feet
First 3,000 $1.58
Next 12,000 $1.30
Next 35,000 $1.19
Next 50,000 $1.07
Next 100,000 $ .93
Rates shall be subject to the following
minimum monthly charge according to the size
of the meter:
Meter Size
(Inches) New Charqe Cubic Feet
5/8 $ 3.16 200
~ $ 7.90 500
I $ 12.64 800
1Y2 $ 41.08 2,600
2 $ 68.20 4.600
3 $146.20 10.600
4 $224.84 16.800
6 $462.82 36~800
8 $753.65 62.500
Passed, approved and adopted this 27~n day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph Herald the
7~ day of March, 2003.
/s/Jeanne F. Schneider, CMC, City Clerk
It 3/7
Buo] moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Qrdinance.
Seconded by Nicho[son. Motion carded 7-0.
An Ordinance Amending [he Code of
Ordinances of the City of Dubuque, iowa
Section 44-202 Fire Sprinkler Service.
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, SECTION 44-202 FIRE SPRINKLER
SERVICE
NOW. THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1. Section 44-202. of the Code of
Ordinances. City of Dubuque, Iowa is hereby
amended to read as follows:
Section 44-202. Fire Sofinkler Service.
Commencing July 1, 2003, customers who have
fire sprinkler service shall be billed for this
service on 8 monthly basis. This monthly
charge shall be included on the customer's
regular monthly 3ill for which charges are fixec
and determined as follows:
Number of Heads Monthly Current Charqes
Up to 200 (minimum monthly charge)...$ 9.48
200-300 $11.37
300-400 $13.27
400-600 $15.15
600-800 $17.05
800-1,000 $18.95
1,000-1,200 $20.85
1,200-1,400 $22.73
1.400-1.600 $24.64
1.600-1.800 $26.53
1,800-2,000 $28.42
2,000-2,200 $30.32
2,200-2,400 $32.20
2,400-2,600 $34.10
2,600-2,800 $36.0'
2,800-3,000 $37.89
3.000-3.500 $39.78
Over 3,500 (for each additional 500 heads or
fraction thereof) $ 1.9:
Passed. approved and adopted this 27TM day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider. Ci[y Clerk
Published officially in the Telegraph Herald
newspaper this 7~n day of March, 2003.
Jeanne F. Schneider, City Clerk
1 t 3/7
Buol moved that the requirement that a
aroposed Ordinance be considered and vo[ea
on for passage at two Council Meetings orior to
the meeting at which it is to be finally passed be
suspended and further movea final
64 Special Session, February 27, 2003
consideration and passage of the Ordinance.
Seconded oy Niche[son. Motion carried 7-0.
RESOLUTION NO. 61-03
A RESOLUTION RESCINDING RESOLUTION
NO. 105-97, ESTABLISHING A SCHEDULE
OF DEVELOPMENT SERVICES FEES, AND
ADOPTING IN LIEU THEREOF A NEW
SCHEDULE OF DEVELOPMENT SERVICES
FEES AS PROVIDED IN THE ZONING
ORDINANCE (APPENDIX A) AND THE
S[~ BDIVISION REGULATIONS (CHAPTER 42)
OF THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA.
Whereas the City Council of the City of
Dubuque, Iowa establishes by resolution certain
fees for development services 3ursuan[ to the
Zoning Ordinance anc the Subdivision
Regulations, pursuant [o the attached Schedule
of Planning and Zoning Fees.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. OWA:
Section 1. That Resolution No. 105-97 and its
Schedule of Fees is hereby rescinded,
Section 2. That the attached Fee Schedule is
hereby approved.
Section 3. That the attached Fee Schedule
shall take effect on July I 2003.
Passed. aDoroved and adopted this 27'" day of
February 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded bi Nicholson Motion carried 7-0.
An Ordinance Amending Section 32-279 of the
City of Dubuque Code of Ordinances Parking
Violations - Fines, presented and read.
OFFICIAL PUBLICATION
- ORDINANCE NO. 15-03
AMENDING SECTION 32-279 OF THE CITY
OF DUBUQUE CODE OF ORDINANCES
PARKING VIOLATIONS - FINES
NOW. THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. Section 32-279 of the City of
Dubuoue Code of Ordinances is amended to
read as follows:
Sec. 32-279. Parking Violations-Fines.
The owner or operator of any vehicle who sha[l
receive notice, either personally or by the
attaching of such notice to said vehicle, that said
vehicle is carked in such manner in such a
eiace or for sucn a t~me as to violate the
provisions of this chapter relating To the parking
of vehicles may, within 30 calendar days from
the time when such notice is served upon sucn
owner or operator or attached To such vehicle.
pay to the city treasurer as a penalty for such
violation the following sum:
(1) Overtime Parking, Double-Parking And Any
Other Standing Or Parking Violation: If paid
within 30 calendar days from time of violation as
indicated on the notice such fine shall be the
sum of five dollars ($5.00); if not aaid within 30
calendar days. such fine shall be the sum of ten
dollars ($10.00).
(2) Street Storage: If paid within 30 calendar
days from time of violation as indicated on the
notice, such fine shall be the sum of five dollars
($5.00); if not paid within 30 calendar days,
such. fine shall be the sum of ten dollars
($10.00).
(3) Parking In Pdvate Lots. If paid within 30
calendar days from time of violation as indicated
on the notice SUCh fine shall be the sum of five
dollars ($5.00); if not paid within 30 calendar
days, sucn fine shall be the sum of ten dollars
($10.00).
(4) Parking In Interference With Snow Or Ice
Removal Or Street Cleaning: If paid within 30
calendar days from the time of violation as
indicated in the notice, such fine will be in the
sum of five dollars ($5.00); if not paid within 30
calenaar days, men such fine shall be in the
sum of ten dollars ($10.00).
(5) Parking in Required Access Roadways: If
paid within 30 calendar days from the time of
violation as indicated in the notice, such fine will
be in the sum of five dollars ($5.00); if not paid
within 30 calendar days, then such fine will be in
the sum of ten dollars [$10.00).
(6) Parking In Reserved City Service Areas Or
City-Owned Vehicle Parking Areas As Provided
In Sections 32-274. 32-275, 32-277 Or 32-284
Of This Chapter: If Daid within 30 calendar days
from the time of violation as indicated ir the
notice, such fine shall be in the surf of five
dollars ($5.00); if not paid within 30 calendar
Qays. then such fine shall be in the sum of ten
dollars ($10.00),
(7) Illegal Alley Parking: If paid within 30
calendar days from time of violation as indicated
on the notice, such fine shall be the sum of five
dollars ($5.00); if noz aaid within 30 calendar
days, such fine shall be the sum of ten dollars
($1o.oo).
(8) Parking Within Five Feet Of A Fire Hydrant
As Provided tr subsection 32-261(4) Of This
Chaater: If paid within 30 calendar days from
time of violation as indicated on the notice, such
fine shall be in the sum of five dollars [$5,00); if
not oaid within 30 calendar days, such fine shall
be in the sum of ten dollars ($10.00).
Payment of the above penalty, or fine. upon
being mailed to the City Treasurer shall ~e
deemed paid as of the time of postmark on the
envelope thereof.
Section 2. This ordinance shall take effect
July I 2003.
Special Session, February 27, 2003 65
Passed. approved and adooted this 27th day
of February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
7t~ day of March, 2003.
Jeanne F. Schneider, CMC, City Clerk
It 3/7
Buol moved that the requ~remen[ that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
There being no further business. Buol moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 7:37 P.M.
lt3/7
rs~ Jeanne F. Schneider. CMC
City Clerk
Approved:
Adapted:
2O03
2003
Mayor
Council Members
Attest:
City Clerk