2003 February Council Proceedings Regular Session, February 3, 2003 23
DUBUQUE
Buol moved that the claims and suits be referred
to the Legal Staff for investigation and report.
CITY COUNCIL
Seconded by Markham. Motion carried 7-0.
OFFICIAL
PROCEEDINGS
Corporation Counsel advising that the
following claims have been referred to Public
City Council, Regular Session, February 3,
Entity Risk Services of Iowa, the agent for the
2003
Iowa Communities Assurance Pool: Janice
Council Met in Regular Session at 6:30 P.M. in
Hoerner for personal injury; Carol Krueger for
the Library Auditorium
personal injury; and Patricia Morrison for
personal injury, presented and read. Buol
Present: Mayor Duggan, Council Members
moved that the communications be received and
Buol, Cline, Connors, Markham, Michalski,
filed and concurred. Seconded by Markham.
Nicholson, City Manager Michael Van Milligen,
Motion carried 7-0.
Corporation Counsel Barry Lindahl.
Corporation Council recommending settlement
Mayor Duggan read the call and stated this is
of the claim of Catherine Steffen for vehicle
a regular session of the City Council called for
damage and directing the Finance Director to
the purpose of discussing such matters which
issue payment, presented and read. Buol
may properly come before the City Council.
moved that the communication be received and
filed and directed Finance Director to issue
Invocation was given by Reverend Ken Bickel,
payment. Seconded by Markham. Motion
Pastor, First Congregational Church of Christ.
carried 7-0.
CONSENT ITEMS
Corporation Counsel recommending denial of
the claim of Damian Baumhover for property
Minutes and Reports Submitted: Cable
damage, presented and read. Buol moved that
Community Teleprogramming Commission of
the communication be received and filed and
12/3; City Council of 1/20; Community
concurred. Seconded by Markham. Motion
Development Advisory Commission of 1/8;
carried 7-0.
Historic Preservation Commission of 1/16;
Investment Oversight Advisory Commission of
Elmwood Green Subdivision: City Manager
1/23; Human Rights Commission of 12/9; Park
recommending acceptance of the public
and Recreation Commission of 1/14, presented
improvements in Elmwood Green Subdivision
and read. Buol moved that the minutes be
which the developer, Joe Graham, has recently
received and filed. Seconded by Markham.
completed, presented and read. Buol moved
Motion carried 7-0.
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Printed Official Council Proceedings for
December, 2002, presented and read. Buol RESOLUTION NO. 31-03
moved that the proceedings be approved as ACCEPTING IMPROVEMENTS IN ELMWOOD
GREEN SUBDIVISION
printed. Seconded by Markham. Motion carried
7-0.
Whereas, pursuant to Resolution No. 201-97
certain improvements including street paving,
Proofs of publication of Council Proceedings
storm sewers, stormwater detention, sanitary
for January 6, 2003 and List of Claims and
sewers and watermain and street lighting were
Summary of Revenues for December 31, 2003,
installed by the developer of Elmwood Green
presented and read. Buol moved that the
Subdivision; and
proofs be received and filed. Seconded by
Whereas, the improvements have been
Markham. Motion carried 7-0.
completed and the City Manager has examined
the work and has filed a certificate stating that
Investment Oversight Commission submitting
the same has been completed in accordance
th
the 39 quarterly report, presented and read.
with the plans approved by the City Council and
Buol moved that the report be received and filed.
in conformance with City specifications, and has
Seconded by Markham. Motion carried 7-0.
recommended that the improvements be
accepted by the City Council.
Notice of Claims/Suits: Mary Criss for
NOW, THEREFORE, BE IT RESOLVED BY
property damage; Brooke N. Gassman for
THE CITY COUNCIL OF THE CITY OF
vehicle damage; Carol Krueger for personal
DUBUQUE, IOWA:
injury; Joseph Melssen for property damage;
Section 1. That the recommendation of the
Mary Ransdell vs. City of Dubuque; Catherine A.
City Manager be approved and that said
Steffen for vehicle damage, presented and read.
24 Regular Session, February 3, 2003
improvements in Elmwood Green Subdivision be House File 25 – Property Tax Limitation: City
and the same is hereby accepted. Manager submitting a letter to State
Section 2. That maintenance of said Representative Steve Lukan requesting that he
improvements shall be the responsibility of the oppose House File 25 regarding Property Tax
contractor and the owner for a period of two Limitation legislation, presented and read. Buol
years from this date. moved that the communication be received and
rd
Passed, approved and adopted this 3 day of filed. Seconded by Markham. Motion carried 7-
February, 2003. 0.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk 28E Indemnification Agreement with Dubuque
Buol moved adoption of the Resolution. Community School District: City Manager
Seconded by Markham. Motion carried 7-0. recommending approval of a 28E
Indemnification Agreement between the City and
Klauer Manufacturing Company Property: the Dubuque Community School District for use
Corporation Council recommending acceptance of each other’s facilities, presented and read.
of the deed to 0.529 acres of property from Buol moved that the communication be received
Klauer Manufacturing Company located in the and filed and approved Agreement. Seconded
Port of Dubuque, presented and read. Buol by Markham. Motion carried 7-0.
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-Dubuque Local Flood Protection Project
0. Continuing Eligibility Inspection: City Manager
submitting a letter from Terry Tieger, Chief,
RESOLUTION NO. 32-03
Emergency Management Division, Department
ACCEPTING THE DEED TO CERTAIN REAL
of the Army, to John Klosterman advising that
ESTATE IN DUBUQUE COUNTY, IOWA FROM
the City’s Local Flood Protection Project
KLAUER MANUFACTURING COMPANY
Continuing Eligibility Inspection performed on
WHEREAS, the City of Dubuque entered into November 22, 2002 was considered Acceptable,
an Agreement with Klauer Manufacturing presented and read. Buol moved that the
Company for the purchase of the following communication be received and filed. Seconded
described real property in Dubuque County, by Markham. Motion carried 7-0.
Iowa:
Lots numbered 20 to 30, both inclusive, in Block Tri-State Community Health Center: City
21, Dubuque Harbor Improvement Company’s Manager recommending approval of a letter of
Addition, in the City of Dubuque, Iowa, support from the City for a Federally Qualified
according to the recorded Plat thereof. Community Health Center Application,
AND WHEREAS, the terms of the Agreement presented and read. Buol moved that the
have now been met. communication be received and filed and
NOW, THEREFORE, BE IT RESOLVED BY approved recommendation. Seconded by
THE CITY COUNCIL OF THE CITY OF Markham. Motion carried 7-0.
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the National League of Cities Legal Defense Fund:
Deed from Klauer Manufacturing Company, a City Manager submitting a letter from Donald
copy of which is attached hereto. Borut, Executive Director of the National League
2. The City Clerk is hereby authorized and of Cities and recommending approval of a
directed to record this Resolution and the Deed request for a contribution to participate in the
with the Dubuque County Recorder. NLC Legal Defense Fund, presented and read.
Passed, approved and adopted this 3rd day of Buol moved that the communication be received
February, 2003. and filed and approved. Seconded by Markham.
Terrance M. Duggan, Mayor Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Demolition Request: Historic Preservation
Seconded by Markham. Motion carried 7-0. Commission recommending approval of a
request from the City of Dubuque to demolish a
th
House File 2 - Property Tax Valuations: City metal warehouse located at 380 East 4 Street
Manager submitting a letter to State in the Port of Dubuque, presented and read.
Representative Gene Manternach requesting Buol moved that the communication be received
that he oppose House File 2 related to property and filed and approved recommendation.
tax valuations, presented and read. Buol moved Seconded by Markham. Motion carried 7-0.
that the communication be received and filed.
Seconded by Markham. Motion carried 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 Whereas, the City Council of the City of
(located at Commercial Street and the Dubuque approves the terms and conditions of
Riverfront) to the National Register of Historic said agreement.
Places, and communication from the State NOW, THEREFORE, BE IT RESOLVED BY
Historical Society of Iowa to the Mayor of THE CITY COUNCIL OF THE CITY OF
Dubuque regarding the George W. Rogers DUBUQUE, IOWA:
Company Shot Tower, presented and read. Section 1. That Canadian National Railroad
Buol moved that the communications be Agreement File Number P-8474 consists of the
received and filed and approved nomination. agreement providing for the City to install a four-
Seconded by Markham. Motion carried 7-0. inch PVC fiber optic conduit within the Canadian
th
National Railroad right-of-way at 4 and White
Fiber Optic Connection Between City Hall and Streets.
Port of Dubuque Area: City Manager Section 2. That the Mayor be authorized and
recommending approval of an agreement with directed to execute two copies of Agreement
the Canadian National Railroad for the File Number P-8474 with the Canadian National
installation of a four-inch conduit underneath the Railroad.
rd
railroad tracks at Fourth and White Streets to Passed, adopted and approved this 3 day of
provide a fiber optic connection between City February, 2003.
Hall and the Port of Dubuque, presented and Terrance M. Duggan, Mayor
read. Buol moved that the communication be Attest: Jeanne F. Schneider, City Clerk
received and filed. Seconded by Markham. Buol moved adoption of the Resolution.
Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 33-03
Fiscal Year 2003 Budget Form Conversion:
RESOLUTION APPROVING AGREEMENT
City Manager recommending approval of the
FILE NUMBER P-8474 WITH THE CANADIAN
conversion of the Fiscal Year 2003 budget and
NATIONAL RAILROAD RELATING TO THE
Fiscal Year 2002 actual expenses and revenues
INSTALLATION OF A FOUR-INCH PVC FIBER
to a new format as required by the State prior to
OPTIC CONDUIT
any action being taken on the Fiscal Year 2004
Whereas, the City of Dubuque is proposing to budget, presented and read. Buol moved that
install a four-inch PVC fiber optic conduit from the communication be received and filed.
th
4 and Iowa Streets to the Port of Dubuque Seconded by Markham. Motion carried 7-0.
area; and
Whereas, Canadian National Railroad (CN)
has prepared an agreement outlining the terms
under which the conduit would be extended; and
26 Regular Session, February 3, 2003
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Regular Session, February 3, 2003 27
Logo Design Services for the Grand River NOW, THEREFORE, BE IT RESOLVED BY
Center: City Manager recommending approval THE CITY COUNCIL OF THE CITY OF
of McCullough Creative Group for design of the DUBUQUE, IOWA:
identity package for the Grand River Center, That the Manager be authorized to cause to be
presented and read. Buol moved that the issued the following named applicants a Beer
communication be received and filed and Permit.
approved recommendation. Seconded by CLASS “C” BEER PERMIT
Markham. Motion carried 7-0. Hill St Plaza, Inc. Oky Doky # 8+
(Sunday Sale) 535 Hill St
The Dubuque Audubon Society: Awn Stop Mart, Inc. Awn Stop Mart+
Communication from Wayne Buchholtz, (Sunday Sale) 1998 Jackson St.
President of the Dubuque Audubon Society, Passed, approved and adopted this 3rd day of
regarding the proposed condominium complex February, 2003.
development at 2800 Rhomberg Avenue, Terrance M. Duggan, Mayor
presented and read. Buol moved that the Attest: Jeanne F. Schneider, City Clerk
communication be received and filed. Seconded Buol moved adoption of the Resolution.
by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 36-03
Memorandum of Understanding with Dubuque
County Extension District: City Manager Whereas, applications for Liquor Licenses
recommending approval of a Memorandum of have been submitted to this Council for approval
Understanding with the Dubuque County and the same have been examined and
Agricultural Extension District to provide approved; and
counseling services for home purchase Whereas, the premises to be occupied by such
education to HUD Family Self-Sufficiency applicants were inspected and found to comply
Program families, presented and read. Buol with the State Laws and all City Ordinances
moved that the communication be received and relevant thereto and they have filed proper
filed and approved recommendation. Seconded bonds.
by Markham. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
U.S. Department of Housing and Urban DUBUQUE, IOWA:
Development: Communication from Gregory A. That the Manager be authorized to cause to be
Bevirt, U.S. Department of Housing and Urban issued the following named applicants a Liquor
Development, regarding the City’s Community License.
Development Block Grant Program, presented CLASS “B” (HOTEL/MOTEL) LIQUOR LICENSE
and read. Buol moved that the communication Dubuque Inn Corp Best Western Dubuque Inn+
be received and filed. Seconded by Markham. (Sunday Sale) 3434 Dodge St
Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE
James Goetzinger Goetz’s+
Federal Emergency Management Agency: (Sunday Sale) 2776 Jackson
Communication from Congressman Jim Nussle Pusateri Enterprises Pusateri’s+
advising that he has contacted the Federal (Sunday Sale) 2400 Central
Emergency Management Agency requesting Melvin Spiegelhalter The Clubhouse
any options available for obtaining additional 2364 Washington
rd
assistance in the acquisition of commercial Passed, approved and adopted this 3 day of
property damaged in the June 2002 flooding, February, 2003.
presented and read. Buol moved that the Terrance M. Duggan, Mayor
communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk
by Markham. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Business Licenses:
ITEMS TO BE SET FOR PUBLIC HEARING
RESOLUTION NO. 35-03
BEER
Carnegie Stout Public Library Roof
Whereas, applications for Beer Permits have Replacement Project: City Manager
been submitted and filed to this Council for recommending initiation of the public bidding
approval and the same have been examined process for the Carnegie Stout Public Library
and approved: and Roof Replacement Project and that a public
Whereas, the premises to be occupied by hearing be set for March 17, 2003, presented
such applicants were inspected and found to and read. Michalski moved that the
comply with the Ordinances of the City and have communication be received and filed. Seconded
filed proper bonds. by Markham. Motion carried 7-0.
28 Regular Session, February 3, 2003
RESOLUTION NO. 37-03 RESOLUTION NO. 39-03
PRELIMINARY APPROVAL OF ORDERING BIDS
PLANS AND SPECIFICATIONS
NOW, THEREFORE BE IT RESOLVED BY
NOW THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: That the REPLACEMENT OF THE LIBRARY
That the proposed plans, specifications, form 1980 ADDITION ROOF is hereby ordered to be
of contract and estimated cost for the advertised for bids.
Replacement of the Library 1980 Addition Roof, BE IT FURTHER RESOLVED, that the amount
in the estimated amount of $75,129 are hereby of the security to accompany each bid shall be in
approved and ordered filed in the office of the an amount which shall conform to the provisions
City Clerk for public inspection. of the notice to bidders hereby approved as a
rd
Passed, approved and adopted this 3 day of part of the plans and specifications heretofore
February 2003. adopted.
Terrance M. Duggan, Mayor That the City Clerk is hereby directed to
Attest: Jeanne F. Schneider, City Clerk advertise for bids for the construction of the
Michalski moved adoption of the Resolution. improvements herein provided, to be published
Seconded by Markham. Motion carried 7-0. in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
RESOLUTION NO. 38-03
less than four days nor more than forty-five days
FIXING DATE OF HEARING
prior to the receipt of said bids at 2:00 p.m. on
th
ON PLANS AND SPECIFICATIONS
the 4 day of March, 2003. Bids shall be
Whereas, the City Council of the City of opened and read by the City Clerk at said time
Dubuque, Iowa has given its preliminary and will be submitted to the Council for final
th
approval on the proposed plans, specifications, action at 6:30 p.m. on the 17 day of March,
and form of contract and placed same on file in 2003.
rd
the office of the City Clerk for public inspection Passed, approved and adopted the 3 day of
of the Replacement of the Library 1980 Addition February, 2003.
Roof. Terrance M. Duggan, Mayor
NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF DUBUQUE, IOWA: Michalski moved adoption of the Resolution.
th
That on the 17 day of March, 2003, a public Seconded by Markham. Motion carried 7-0.
hearing will be held at 6:30 p.m. in the Public
BOARDS/COMMISSIONS
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of Appointments to the following Commissions:
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a COMMUNITY DEVELOPMENT ADVISORY
notice of time and place of such hearing to be COMMISSION: (Three unexpired 3-year terms
published in a newspaper having general for Census Tracts 2, 3 and 4; One 3-year term
circulation in the City of Dubuque, Iowa, which for At-Large – Term of Wainwright; One 3-year
notice shall be not less than four days nor more term for Census Tract 1 – Term of Isenhart):
than twenty days prior to the day fixed for is Applicant: Thomas Wainwright. Michalski
consideration. At the hearing, any interested moved that Mr. Wainwright be reappointed to a
person may appear and file objections to the three year term which will expire 2/15/06.
proposed plans, specifications, contract, or Seconded by Connors. Motion carried 7-0.
estimated cost of the improvement.
rd
Passed, approved and adopted this 3 day of TV CABLE COMMUNITY TELEPRO-
February, 2003. GRAMMING COMMISSION: (Two unexpired 3-
Terrance M. Duggan, Mayor year terms through 6/30/03; One unexpired 3-
Attest: Jeanne F. Schneider, City Clerk year term through 6/30/05): Applicant: Burton
Michalski moved adoption of the Resolution Everist. Markham moved that Mr. Everist be
and set date of hearing for 3/17/03 at a meeting appointed to an unexpired three year term which
to commence at 6:30 P.M. in the public library will expire 6/30/05. Seconded by Michalski.
auditorium and that the City Clerk publish notice Motion carried 7-0.
in the manner prescribed by law. Seconded by
PUBLIC HEARINGS
Markham. Motion carried 7-0.
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: recommending approval, presented and read.
Proof of publication on notice of hearing to Buol moved that the proof and communication
consider the disposal of real property in the Port be received and filed. Seconded by Nicholson.
of Dubuque to Dubuque Initiatives and City Motion carried 7-0.
Manager recommending approval, presented
RESOLUTION NO. 41-03
and read. Cline moved that the proof be
RESOLUTION ANNEXING CERTAIN
received and filed. Seconded by Nicholson.
TERRITORY TO THE CITY OF DUBUQUE,
Motion carried 7-0.
IOWA
Whereas, the City of Dubuque, property
RESOLUTION NO. 40-03
owner, has voluntarily petitioned for annexation
RESOLUTION APPROVING DISPOSITION OF
of approximately three acres of property lying
REAL PROPERTY BY DEED TO DUBUQUE
outside the corporate limits of the City of
INITIATIVES
Dubuque, Iowa, as shown in Exhibit A; and
Whereas, the City of Dubuque (City) has
Code of Iowa
Whereas, the Chapter 386 of the
entered into an Offer to Buy Real Estate and
authorizes the extension of City limits in
Acceptance with Dubuque Initiatives, which
situations of this character by adoption of a
requires City to convey the following-described
resolution after notification as required by State
property (the Property) to Dubuque Initiatives by
Regulations; and
deed upon acquisition of the Property by City:
Whereas, this request has been found to be
Lots numbered 20 to 30, both inclusive, in Block
consistent with the Comprehensive Plan and the
21, Dubuque Harbor Improvement Company’s
Proposed Future Land Use Map of the
Addition, in the City of Dubuque, Iowa,
Comprehensive Plan; and
according to the recorded Plat thereof; and
Whereas, the future growth and development
Whereas, City has now acquired the property
of the City of Dubuque, Iowa, make it desirable
from Klauer Manufacturing Company; and
that said property be made a part of the City of
Whereas, on February 3, 2002, the City
Dubuque, Iowa.
Council pursuant to notice published as required
NOW THEREFORE, BE IT RESOLVED BY
by law, held a public hearing on its intent to
THE CITY COUNCIL OF THE CITY OF
dispose of the property and overruled all
DUBUQUE, IOWA:
objections thereto; and
Section 1. That the territorial limits of
Whereas, the City Council finds that it is in the
Dubuque, Iowa be and they hereby are
best interest of the City to approve the
extended to include the property shown in
disposition of the Property.
Exhibit A and legally described in Exhibit B.
NOW, THEREFORE, BE IT RESOLVED BY
Section 2. The territory hereby annexed shall
THE CITY COUNCIL OF THE CITY OF
become a part of the Thirteenth Precinct of the
DUBUQUE, IOWA:
Third Ward of the City of Dubuque, Iowa.
Section 1. The City Council of the City of
Section 3. That the City Clerk shall file this
Dubuque, Iowa, approves the disposition of the
resolution, all exhibits and the petition for
above-described property by deed to Dubuque
voluntary annexation with the State of Iowa in
Initiatives, a copy of which is attached hereto,
accordance with State Regulations.
pursuant to the Offer to Buy Real Estate and
Passed, approved and adopted this 3rd day of
Acceptance between City and Dubuque
February 2003.
Initiatives.
Terrance M. Duggan, Mayor
Section 2. The Mayor is hereby authorized
Attest: Jeanne F. Schneider, City Clerk
and directed to sign the deed on behalf of the
Buol moved adoption of the Resolution.
City of Dubuque to be delivered to Dubuque
Seconded by Nicholson. Motion carried 7-0.
Initiatives.
rd
Passed, approved and adopted this 3 day of
February, 2003.
Buol moved that the rules be reinstated limiting
Terrance M. Duggan, Mayor
discussion to the Council. Seconded by Cline.
Attest:
Motion carried 7-0.
Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
ACTION ITEMS
Seconded by Nicholson. Motion carried 7-0.
Tara Winger: Communication from Tara
Tanzanite Drive Right-of-Way – Annexation
Winger requesting to address the Council. Ms.
Request: Proof of publication on notice of
Winger was not in attendance.
hearing to consider a voluntary annexation
request from the City of Dubuque for two parcels
Street Closure Request: Communication from
that comprise a portion of the right-of-way for
Thomas W. Parsley, President and General
Tanzanite Drive and City Manager
Manager of Radio Dubuque, Inc., requesting the
30 Regular Session, February 3, 2003
closure of Kennedy Road from the stoplight at execute their written acceptance hereto attached
Wacker to the stop sign at University and Dodge agreeing:
at two separate times on Wednesday, July 2, (a) To reduce Matthew John Drive (Lot A),
2003, presented and read. Wheatland Drive (Lot B), and Garden Glen Drive
Discussion centered on City liability. (Lot C) to grade and to construct concrete curb
Buol moved to receive and file the and gutter and to hard surface with asphaltic
communication and to approve the request, if all concrete, or with concrete paving with integral
City requirements are met. Seconded by curb, all in accordance with the City of Dubuque
Nicholson. Motion failed due to the following standard specifications, all in a manner
vote: Yeas—Buol, Nicholson. Nays—Cline, acceptable to the City Engineer, in conformance
Connors, Duggan, Markham, Michalski. with construction improvement plans approved
by the City Engineer, and inspected by the City
Harvest View Estates Third Addition – Final Engineer.
Plat: City Manager recommending approval of (b) To install water mains and water service
the final plat of Harvest View Estates Third laterals into each individual lot, storm sewers
Addition as requested by Marty McNamer, and catch basins, boulevard street lighting and
Harvest Development Group, LLC, presented erosion control devices all in accordance with
and read. Markham moved that the the City of Dubuque standard specifications, all
communication be received and filed. Seconded in a manner acceptable to the City Engineer,
by Connors. Motion carried 7-0. and in accordance with construction
improvement plans approved by the City
RESOLUTION NO. 42-03
Engineer, and inspected by the City Engineer.
A RESOLUTION APPROVING THE FINAL
(c) To construct said improvements, prior to
PLAT OF HARVEST VIEW ESTATES THIRD
two (2) years from the date of acceptance of this
ADDITION, IN THE CITY OF DUBUQUE, IOWA
resolution, at the sole expense of the owners, or
Whereas, there has been filed with the City future owner;
Clerk a final plat of Harvest View Estates Third (d) To maintain the public improvements, for a
Addition, in the City of Dubuque, Iowa; and period of two (2) years from the date of the
Whereas, upon said final plat appears streets acceptance of those improvements by the City
to be known as Matthew John Drive (Lot A) and of Dubuque, Iowa, at the sole expense of the
Wheatland Drive (Lot B), and Garden Glen Drive owners, or future owner;
(Lot C) together with certain public utility and And, further provided that said Harvest
surface drainage easements, which the owners Development Group, as owners of said property,
by said final plat have dedicated to the public shall secure the performance of the foregoing
forever; and conditions provided in this Section by providing
Whereas, the preliminary plat has been guarantees in such form and with such sureties
examined by the Zoning Advisory Commission as may be acceptable to the City Manager of the
and had its approval endorsed thereon; and City of Dubuque, Iowa.
Whereas, said final plat has been reviewed by Section 3. Sidewalk installation shall be the
the City Planner and had her approval endorsed responsibility of the owner abutting the public
thereon, subject to the owners agreeing to the rights-of-way, including lots with multiple
conditions noted in Section 2 below; and frontages, as required by City Code 41-161
Whereas, said final plat has been examined by through 41-164. The responsibility shall extend
the City Council and they find that it conforms to to all successors, heirs and assignees.
the statutes and ordinances relating to it, except Sidewalk installation will not be required until the
that no streets or public utilities have yet been development of the lot has been completed,
constructed or installed. except as required herein. In sparsely
NOW, THEREFORE, BE IT RESOLVED BY developed subdivisions, sidewalks on developed
THE CITY COUNCIL OF THE CITY OF lots will not be required until 50% of the lots
DUBUQUE, IOWA: approved by the plat have been developed. All
Section 1. That the dedication of Matthew vacant lots shall have sidewalks installed upon
John Drive (Lot A), Wheatland Drive (Lot B), and development of 80% of the lots approved by the
Garden Glen Drive (Lot C) together with the plat.
easements for public utilities and storm sewer as Section 4. The developer will maintain the
they appear upon said final plat, be and the detention facility constructed as part of Harvest
same are hereby accepted; and View Estates First Addition until it has been fully
Section 2. That the final plat of Harvest View completed and 80% of the sum of the platted
Estates Third Addition is hereby approved and lots in the entire Harvest View Estates
the Mayor and City Clerk are hereby authorized Subdivision are fully developed and the
and directed to endorse the approval of the City remaining 20% of these lots have installed
of Dubuque, Iowa, upon said final plat, provided adequate erosion control measures as approved
the owners of said property herein named, by the City. Upon the Citys acceptance of the
=
Regular Session, February 3, 2003 31
RESOLUTION NO. 43-03
detention facility, the maintenance expenses
AWARDING CONTRACT
incurred by the City of Dubuque for the storm
water detention facility (Lot A Harvest View Whereas, sealed proposals have been
Estates First Addition) shall be assessed against submitted by contractors for the Bell Street
the lot owners of Harvest View Estates, in equal Construction Project pursuant to Resolution No.
amounts, and the City Manager shall certify 531-02 and notice to bidders published in a
such costs to the City Clerk, who in turn shall newspaper published in the City of Dubuque,
th
promptly certify such costs to the Dubuque Iowa on the 19 day of December, 2002.
County Treasurer, and such costs shall then be Whereas, said sealed proposals were opened
th
collected with and in the same manner as and read on the 14 day of January, 2003, and it
general property taxes in accordance with has been determined that the bid of Tschiggfrie
provisions of law. Excavating Co. of Dubuque, Iowa, in the amount
Section 5. That the City will install sanitary of $1,511,452.70 was the lowest bid for the
sewer mains and sewer service laterals into furnishings of all labor and materials and
each individual lot. The costs associated with performing the work as provided for in the plans
this installation shall be reimbursed to the City and specifications.
from the developer, his successors and assigns NOW THEREFORE, BE IT RESOLVED BY
by connection fees by the City after construction THE CITY COUNCIL OF THE CITY OF
of said sewer. DUBUQUE, IOWA:
Section 6. That the final acceptance of all That the contract for the above improvement
public improvements shall occur upon be awarded to Tschiggfrie Excavating Co.,
certification of the City Engineer to the City subject to the concurrence by the Iowa
Council that all public improvements have been Department of Transportation, and the Manager
completed in accordance with the improvement be and is hereby directed to execute a contract
plans and City standard specifications and on behalf of the City of Dubuque for the
accepted by City Council Resolution. complete performance of the work.
Section 7. That in the event Harvest BE IT FURTHER RESOLVED:
Development Group fails to execute the That upon the signing of said contract and the
acceptance and furnish the guarantees provided approval of the contractor’s bond, the City
in Section 3 hereof within 180 days after the Treasurer is authorized and instructed to return
date of this Resolution, the provisions hereof the bid deposits of the unsuccessful bidders.
shall be null and void and the acceptance of the Passed, approved and adopted this 3rd day of
dedication and approval the plat shall not be February, 2003.
effective. Terrance M. Duggan, Mayor
Passed, approved and adopted this 3rd day of Attest: Jeanne F. Schneider, City Clerk
February 2003. Cline moved adoption of the Resolution.
Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 42-03 Proposed Revision to Code of Ordinances:
I, the undersigned, Martin J. McNamer, City Manager recommending that a portion of
th
Secretary-Treasurer, representing Harvest East 16 Street from Central Avenue to the alley
Development Group, having read the terms and entrance immediately east of Central Avenue be
conditions of Resolution No. 42-03 and being added to the list of streets signed for year-round
familiar with the conditions thereof, hereby alternate side parking restrictions, presented
accept the same and agree to the conditions and read. Buol moved that the communication
required therein. be received and filed. Seconded by Connors.
Dated this 4th day of February, 2003. Motion carried 7-0.
By: /s/ Martin J. McNamer
Harvest Development Group, L.L.C. An Ordinance Amending City of Dubuque
Markham moved adoption of the Resolution. Code of Ordinances Section 32-285(b) Alternate
Seconded by Connors. Motion carried 7-0. Side Street Parking by establishing parking
restrictions along a section of Sixteenth Street,
Bell and Fifth Street Construction Project: City presented and read.
Manager recommending award of the contract
OFFICIAL PUBLICATION
for the Bell and Fifth Street Construction Project
ORDINANCE NO. 3-03
to Tschiggfrie Excavating in the amount of
AN ORDINANCE AMENDING CITY OF
$1,511,452.70, presented and read. Cline
DUBUQUE CODE OF ORDINANCES
moved that the proof be received and filed.
SECTION 32-285(b) ALTERNATE SIDE
Seconded by Nicholson. Motion carried 7-0.
STREET PARKING BY ESTABLISHING
PARKING RESTRICTIONS ALONG A
SECTION OF SIXTEENTH STREET.
32 Regular Session, February 3, 2003
COUNCIL MEMBER REPORTS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Markham commented that there is a rumor
Section 1. Section 32-285(b) of the City of that Northwest Airlines will be pulling out of the
Dubuque Code of Ordinances is hereby Dubuque Airport and as yet there has been no
amended by adding thereto the following: official notification. They have scheduled a
[(b) There is hereby established an alternate meeting with Northwest officials.
side street parking district comprised of streets
and/or portions thereof as follows:] At 7:04 P.M. Buol moved to go into Closed
Sixteenth Street, both sides, from Central Session re: Land Acquisition and Pending
Avenue to the alley entrance immediately east of Litigation – Chapter 21.5(1)(j)(c) 2001 Code of
Central Avenue. Iowa. Seconded by Michalski. Motion carried
Section 2. This ordinance shall take effect 7-0.
upon publication.
rd
Passed, approved and adopted this 3day of At 7:43 P.M. Council reconvened regular
February, 2003. session with statement that Staff had been given
/s/Terrance M. Duggan, Mayor proper direction.
Attest: /s/Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the There being no further business, Michalski
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7 day of February, 2003. moved to adjourn. Seconded by Cline. Motion
/s/Jeanne F. Schneider, City Clerk carried 7-0. The meeting adjourned at 7:44 P.M.
1t 2/7
Buol moved that the requirement that a /s/ Jeanne F. Schneider, CMC
proposed Ordinance be considered and voted City Clerk
on for passage at two Council Meetings prior to 1t 2/12
the meeting at which it is to be finally passed be
suspended and further moved final Approved:__________________________2003
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0. Adopted:___________________________2003
The following was removed from the Agenda:
Reconsideration of Request to Rezone - 296 ______________________________________
North Grandview: Council Members Ann Mayor
Michalski and Patricia Cline requesting
reconsideration of rezoning property located at ______________________________________
296 North Grandview Avenue.
______________________________________
National League of Cities: Communications
from the 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 and Council Member John Markham to
serve as one of Iowa’s representatives on the ______________________________________
Finance, Administration and Intergovernmental Council Members
Relations (FAIR) Policy Committee of the
National League of Cities, presented and read. Attest:
Michalski moved that the communication be
received and filed. Seconded by Nicholson. ______________________________________
Motion carried 7-0. City Clerk
NLC 2003 Information Technology and
Communications Steering Committee:
Communication from the National League 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. Motion carried 7-0.
Special Session, February 5, 2003 33
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved:__________________________2003
City Council, Special Session, February 5,
2003
Adopted:___________________________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,
Mayor
Nicholson; City Manager Michael Van Milligen
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing various City budgets.
______________________________________
The Human Rights Department, Finance
Department, City Manager’s Office, City
______________________________________
Council, City Clerk’s Office, Legal Department,
Health Services Department and Cable TV
______________________________________
Division budgets were presented and discussed.
______________________________________
There being no further business, Nicholson
Council Members
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 7:34
Attest:
p.m.
______________________________________
/s/ Jeanne F. Schneider
City Clerk
City Clerk
1t 2/12
34 Special Session, February 10, 2003
DUBUQUE
RESOLUTION NO. 45-03
SETTING THE DATE OF PUBLIC HEARING
CITY COUNCIL
ON THE FIVE YEAR CAPITAL
OFFICIAL
IMPROVEMENT PROGRAM
PROCEEDINGS
Whereas, a proposed five year Capital
Improvement Program for the City of Dubuque
City Council, Special Session, February 10,
has been prepared and submitted to the City
2003
Council; and
Council met in Special Session at 6:15 P.M. in
Whereas, the capital projects for the first year
the Library Auditorium
are included in the Fiscal Year 2004 budget for
Present: Mayor Duggan, Council Members
the City of Dubuque; and
Buol, Cline, Connors, Markham, Michalski,
Whereas, it is deemed to be in the best
Nicholson, City Manager Michael Van Milligen.
interest of the City of Dubuque to conduct a
public hearing and to adopt the five year Capital
Mayor Duggan read the call and stated this is
Improvement Program simultaneously with the
a special session of the City Council called for
public hearing and adoption of the Fiscal Year
the purpose of acting upon such matters which
2004 budget for the City of Dubuque.
may properly come before the Council and
NOW THEREFORE, BE IT RESOLVED BY
discussing various City departmental budgets.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Fiscal Year 2004 Budget: City Manager
Section 1. That the City Council shall conduct
recommending that a public hearing be set for
a public hearing on the five year Capital
Thursday, February 27, 2003 on the Fiscal Year
Improvement Program at the Carnegie Stout
2004 Budget, presented and read. Michalski
Public Library Auditorium, 360 West 11th Street,
moved that the communication be received and
Dubuque, Iowa, on Thursday, February 27,
filed. Seconded by Markham. Motion carried 7-
2003, beginning at 6:30 p.m.
0.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish notice
RESOLUTION NO. 44-03
of the public hearing.
RESOLUTION SETTING THE DATE OF THE
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Passed, approved and adopted this 10 day of
PUBLIC HEARING ON THE FISCAL YEAR
February 2003.
2004 BUDGET FOR THE CITY OF DUBUQUE
Terrance M. Duggan, Mayor
Whereas, Section 384.16 of the Code of Iowa
Attest: Jeanne F. Schneider, City Clerk
provides that the City Council shall set a time
Michalski moved adoption of the Resolution
and place for a public hearing on the budget
and set and set this for Public Hearing on
before the final certification date and shall
Thursday, 2/27/03 at 6:30 P.M. in the Public
publish notice before the hearing as provided in
Library Auditorium and directed the City Clerk to
Section 362.3 of the Code of Iowa.
publish notice in the manner required by law.
NOW THEREFORE, BE IT RESOLVED BY
Seconded by Markham. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The budgets for the following City
Section 1. That the City Council shall conduct
Departments were discussed: Emergency
a public hearing on the proposed 2003-04
Communications Center, Emergency
budget of the City of Dubuque at the Carnegie
Management Office, Fire Department, Police
Stout Public Library Auditorium, 360 West 11th
Department, Information Services Department,
Street, Dubuque, Iowa, on Thursday, February
Building Services Department, and Water
27, 2003, beginning at 6:30 p.m.
Pollution Control Department.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish
There being no further business, Buol moved
according to law notice of public hearing
to adjourn. Seconded by Cline. Motion carried
together with the required budget information.
7-0. The meeting adjourned at 7:39 P.M.
th
Passed, approved and adopted this 10 day of
February 2003.
/s/ Jeanne F. Schneider, CMC
Terrance M. Duggan, Mayor
City Clerk
Attest: Jeanne F. Schneider, City Clerk
1t 2/19
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 Michalski. Motion carried 7-0.
Special Session, February 10, 2003 35
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
36 Regular Session, February 17, 2003
DUBUQUE
personal injury; Florence J. Siefker for personal
injury; Thomas Weidenbacher for vehicle
CITY COUNCIL
damage; Raymond Worden for personal injury,
OFFICIAL
presented and read. Michalski moved that the
PROCEEDINGS
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by Connors.
City Council, Regular Session, February 17,
Motion carried 6-0.
2003
Council met in Regular Session, 6:30 P.M.,
Corporation Counsel advising that the
Library Auditorium
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Present: Mayor Pro-Tem Buol, Council
Iowa Communities Assurance Pool: Tim
Members Cline, Connors, Markham, Michalski,
Bushman for property damage; Brooke
Nicholson, City Manager Michael Van Milligen,
Gassman for vehicle damage; and Florence J.
Corporation Counsel Barry Lindahl.
Siefker for personal injury, presented and read.
Absent: Mayor Duggan.
Michalski moved that the communication be
received and filed and concurred. Seconded by
Mayor Pro-Tem Buol read the call and stated
Connors. Motion carried 6-0.
this is a regular session of the City Council
called for the purpose of discussing such
Corporation Counsel recommending
matters which may properly come before the
settlement of the claim of Mary Criss for property
City Council.
damage, presented and read. Michalski moved
that the communication be received and filed
Invocation was given by Reverend Doctor
and concurred and Finance Director to issue
James Dotson, Pastor of Grandview Avenue
proper check. Seconded by Connors. Motion
United Methodist Church.
carried 6-0.
CONSENT ITEMS
Citizen Communications: Communication
from Tri-State Towing and Recovery regarding
Minutes Submitted: Airport Commission of
the City’s towing policy, presented and read.
1/31; Cable TV Teleprogramming Commission
Michalski moved that the communication be
of 1/7; City Council of 2/3, 2/5 and 2/10; Civil
received and filed and referred to the City
Service of 12/23; Community Development
Manager. Seconded by Connors. Motion
Advisory Commission of 1/9; Conference Board
carried 6-0.
of 3/4/02; Downtown Planning Committee of the
Long Range Planning Advisory Commission of
Communication from Tom and Rebecca
1/13; Electrical Board of 2/10; Five Flags
LeClere regarding their property at 1195
Commission of 12/16; Housing Commission
Thomas Place, presented and read. Michalski
Trust Fund Committee of 1/23 and 1/28; Human
moved that the communication be received and
Rights Commission of 12/9; Park and
filed and referred to the City Manager.
Recreation Commission of 2/11; Zoning
Seconded by Connors. Motion carried 6-0.
Advisory Commission of 1/8 (Modified) and 2/5;
Zoning Board of Adjustment of 1/23, presented
Anti-War Resolution: Communication from
and read. Michalski moved that the minutes be
Fabian Yaklin requesting the City Council to
received and filed. Seconded by Connors.
pass an anti-war resolution, presented and read.
Motion carried 6-0.
Michalski moved that the communication be
received and filed. Seconded by Connors.
Proof of publication of City Council
Motion carried 6-0.
Proceedings of 1/20, presented and read.
Michalski moved that the proof be received and
Iowa Department of Economic Development:
filed. Seconded by Connors. Motion carried 6-
Communication from the Iowa Department of
0.
Economic Development advising that the CEBA
contract with the City and CarteGraph Systems,
Finance Director submitting the City of
Inc. has been successfully completed and the
Dubuque Financial Reports for the month ending
employment goals fulfilled, presented and read.
January 31, 2003, presented and read.
Nicholson moved that the communication be
Michalski moved that the communication and
received and filed. Seconded by Cline. Motion
report be received and filed. Seconded by
carried 6-0.
Connors. Motion carried 6-0.
Rhodes (Bud) Isenhart, 8908 Quail Ridge
Road, spoke requesting an annual accounting of
Notice of Claims/Suits: Janice E. Hoerner vs.
newly created jobs in TIF districts.
Merlin E. Wagner and City of Dubuque for
Regular Session, February 17, 2003 37
Bunker Hill Golf Course Management Senator Mike Connolly requesting their
Agreement: City Manager recommending opposition to HSB 46 and SSB 1037 relating to
approval of a management agreement with a municipality’s ability to pursue and maintain
G.M.S., Inc. (George Stephenson) for the telecommunication utilities, presented and read.
Bunker Hill Golf Course for the period beginning Michalski moved that the communication be
March 1, 2003 and ending November 30, 2003, received and filed. Seconded by Connors.
presented and read. Michalski moved that the Motion carried 6-0.
communication be received and filed and
approved recommendation. Seconded by Coast Guard Marine Security Measures: City
Connors. Motion carried 6-0. Manager transmitting information in response to
the Coast Guard Marine Security Regulations
Special Assessment Fund Balance: City and comments regarding key areas that might
Manager requesting authorization to transfer impact the City and community projects,
excess Special Assessment Funds to the Street presented and read. Michalski moved that the
Construction Fund to support street construction communication be received and filed and
projects, presented and read. Michalski moved approved information and comments. Seconded
that the communication be received and filed. by Connors. Motion carried 6-0.
Seconded by Connors. Motion carried 6-0.
Urban Revitalization / Tax Exemption
RESOLUTION NO. 46-03
Applications: City Manager recommending
AUTHORIZING THE TRANSFER OF EXCESS
approval of the eligible Calendar Year 2003
SPECIAL ASSESSMENT FUNDS TO THE
Urban Revitalization Applications, presented and
STREET CONSTRUCTION FUND
read. Michalski moved that the communication
Whereas, the City is required by Iowa law to be received and filed. Seconded by Connors.
maintain a Special Assessment Fund for Motion carried 6-0.
outstanding special assessment bonds;
RESOLUTION NO. 47-03
And Whereas, the City’s current Special
RESOLUTION APPROVING RESIDENTIAL
Assessment Fund is approximately
PROPERTY TAX EXEMPTION APPLICA-
$800,000.00;
TIONS SUBMITTED BY PROPERTY OWNERS
And Whereas, there are now no outstanding
IN RECOGNIZED URBAN REVITALIZATION
special assessment bonds;
AREAS AND AUTHORIZING THE TRANS-
And Whereas, the City Council finds that the
MITTAL OF THE APPROVED APPLICATIONS
excess balance of the Special Assessment Fund
TO THE CITY TAX ASSESSOR
should be transferred to another appropriate
fund. Whereas, Chapter 404 of the Code of Iowa,
NOW, THEREFORE, BE IT RESOLVED BY the Urban Revitalization Act, permits cities to
THE CITY COUNCIL OF THE CITY OF exempt property taxes for improvements made
DUBUQUE, IOWA AS FOLLOWS: to properties in designated revitalization areas;
Section 1. The Finance Director is hereby and
authorized and directed to transfer the balance Whereas, the Urban Revitalization Act requires
of the Special Assessment Fund to the Street property owners to submit a written application
Construction Fund. for exemption by February 1 of the assessment
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Passed, approved and adopted this 17 day year for which the exemption is first claimed,
of February, 2003. and further requires the City Council to approve
Roy D. Buol, Mayor Pro-Tem all applications that meet the requirements of the
Attest: Jeanne F. Schneider, CMC, City Clerk adopted Urban Revitalization Plan and forward
Michalski moved adoption of the Resolution. the approved applications to the City Assessor
Seconded by Connors. Motion carried 6-0. for review by March 1 of each year; and
Whereas, pursuant to the requirements of said
Design Contract – US 20 Intersection Urban Revitalization Act, the following Urban
Improvements: City Manager recommending Revitalization Areas were established:
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approval of a project agreement with the firm of Washington Street, Jackson Park, West 11
Howard R. Green relating to the continued Street, Upper Main Street, Garfield Place,
development of the design phase for the US 20 Langworthy, Cathedral and Old Main; and
Intersection Improvement Project, presented Whereas, the City of Dubuque, as of February
and read. Michalski moved that the 1, 2003, received tax exemption applications
communication be received and filed and from the following property owners in the
approved agreement. Seconded by Connors. aforementioned urban revitalization district.
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Motion carried 6-0. West 11 Street Urban Revitalization Area
Deborah LaBeau, 1133 Highland Place
Legislative Correspondence: Communications William Alfredo, 1155 Grove Terrace
to State Representative Pam Jochum and State Plastic Center Inc, 1243 Locust
38 Regular Session, February 17, 2003
Vickie Klinkhammer, 1630 Cornell Whereas, said plat provides Lot 1 and Lot 5
Jerold and Karen Lubben, 480 Arlington with 0 feet of frontage, where 50 feet of lot
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Richard and Judith Henkel, 542 W 11 frontage is required; and
Luke & Sara Runde, 557 W16th Whereas, said Plat of Survey has been
Sherry Driscoll, 761 Rose examined by the Zoning Advisory Commission
S & S Investments, 907-909 Spruce and had its approval endorsed thereon; and
Steve Cook, 525 Loras Whereas, said Plat of Subdivision has been
Garfield Place Area examined by the City Council and they find that
Scott A. Potter, 513 Garfield it conforms to the statutes and ordinances
Washington Street Urban Revitalization Area relating thereto.
Charlotte Hanley, 1938 ½ Washington NOW THEREFORE, BE IT RESOLVED BY
Steve Cook, 1605 White THE CITY COUNCIL OF THE CITY OF
Upper Main Urban Revitalization Area DUBUQUE, IOWA:
Steve Cook, 1338 Main Street Section 1. That Section 42-19(b) of the
Whereas, the Housing and Community Subdivision Regulations is waived to allow Lot 1
Development Department and Building Services and Lot 5 to have 0 feet of lot frontage, where 50
have reviewed the above-described applications feet of lot frontage is required.
and inspected the properties, and have Section 2. That the Plat of Survey is hereby
determined that the applications and the approved, and the Mayor and City Clerk are
improvements conform to all requirements of the hereby authorized and directed to endorse the
City of Dubuque’s Urban Revitalization Plan approval of the City of Dubuque, Iowa upon said
contingent upon obtaining all required building Plat of Subdivision.
th
permits. Passed, approved and adopted this 17 day of
NOW THEREFORE, BE IT RESOLVED BY February 2003.
THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor Pro-Tem
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
Section 1. That the above-described tax Michalski moved adoption of the Resolution.
exemption applications meet the requirements of Seconded by Connors. Motion carried 6-0.
the City of Dubuque’s Urban Revitalization Plan.
Section 2. That the above-described tax Winner Place – Plat of Survey of Lots 1 and 2:
exemption applications are hereby approved by Zoning Advisory Commission recommending
the City Council, subject to obtaining all approval of the plat of Survey of Lots 1 and 2 of
necessary building permits and subject to the Winner Place to facilitate the sale of a building
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review and approval of the City Assessor. located at 25/27 West 15 Street, as requested
Section 3. That the City Clerk is hereby by Delbert and Sharon Winner, presented and
authorized and directed to forward the above- read. Michalski moved that the communication
described tax exemption applications to the City be received and filed. Seconded by Connors.
Assessor. Motion carried 6-0.
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Passed, approved and adopted this 17 day of
RESOLUTION NO. 49-03
February 2003.
RESOLUTION APPROVING THE PLAT OF
Roy D. Buol, Mayor Pro-Tem
SURVEY OF LOTS 1 & 2 OF WINNER PLACE
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Whereas, there has been filed with the City
Seconded by Connors. Motion carried 6-0. Clerk a Plat of Survey of Lots 1 & 2 of Winner
Place; and
Martin Addition – Plat of Survey: Zoning Whereas, Lot 1 provides 1,875 square feet of
Advisory Commission recommending approval area, and Lot 2 provides 3,256 square feet of
of the Plat of Survey of Martin Addition to allow area, where 5,000 square feet is required for
for the subdivision of an existing parcel of land each lot by Section 42-19(b) of the Subdivision
into five lots as requested by William Burger, Regulations; and
presented and read. Michalski moved that the Whereas, Lot 1 provides 36.5 feet of frontage,
communication be received and filed. Seconded where 50 feet minimum is required by Section
by Connors. Motion carried 6-0. 42-19(b) of the Subdivision Regulations; and
Whereas, said survey plat has been examined
RESOLUTION NO. 48-03
by the Zoning Advisory Commission and had its
RESOLUTION APPROVING THE PLAT OF
approval endorsed thereon; and
SURVEY OF MARTIN ADDITION IN THE
Whereas, said survey plat has been examined
COUNTY OF DUBUQUE, IOWA.
by the City Council and they find that it conforms
Whereas, there has been filed with the City to the statutes and ordinances relating thereto.
Clerk a Plat of Survey of Martin Addition; and NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, February 17, 2003 39
RESOLUTION NO. 51-03
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1 Whereas, applications for Liquor Licenses
with 1,875 square feet and Lot 2 with 3,256 have been submitted to this Council for approval
square feet, where 5,000 square feet is required and the same have been examined and
for each lot, and to allow Lot 1 to have 36.5 feet approved; and
of frontage, where 50 feet minimum is required. Whereas, the premises to be occupied by such
Section 2. That the Plat of Survey of Lots 1 & 2 applicants were inspected and found to comply
of Winner Place is hereby approved and the with the State Laws and all City Ordinances
Mayor and City Clerk are hereby authorized and relevant thereto and they have filed proper
directed to endorse the approval of the City of bonds.
Dubuque, Iowa upon said final plat. NOW, THEREFORE, BE IT RESOLVED BY
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Passed, approved and adopted this 17 day of THE CITY COUNCIL OF THE CITY OF
February 2003. DUBUQUE, IOWA:
Roy D. Buol, Mayor Pro-Tem That the Manager be authorized to cause to be
Attest: Jeanne F. Schneider, City Clerk issued the following named applicants a Liquor
Michalski moved adoption of the Resolution. License.
Seconded by Connors. Motion carried 6-0. CLASS “C” BEER/LIQUOR LICENSE
Hammerheads Inc. Hammerheads Bar &
Amendments to Federal Legislative Issues: Billiards+ (Sunday Sale) 2095 Kerper Blvd
City Manager submitting two amendments to the Cuemaster, Cue Master Billiards+
City’s Federal Legislative Issues, presented and (Sunday Sale) 900 Central Ave
read. Michalski moved that the communication Charles Steffen Tony’s Place+
be received and filed and approved submission (Sunday Sale) 1701 Central Ave
of amendments. Seconded by Connors. Motion Apartments LTD Dubuque Mining
carried 6-0. Co+(Sunday & Outdoor Sale) 555 JFK Rd
Davey Robertson Busted Lift
Business Licenses: (1 Day Outdoor Sale- 3-15-03) 180 Main St
CLASS “B” WINE
RESOLUTION NO. 50-03
Hartig Drug Company, Inc Hartig Drug # 4
BEER
2225 Central Ave
Whereas, applications for Beer Permits have CLASS “E” LIQUOR
been submitted and filed to this Council for Hartig Drug Company, Inc Hartig Drug # 4
approval and the same have been examined 2225 Central Ave
TH
and approved: and Passed, approved and adopted this 17 day
Whereas, the premises to be occupied by of February, 2003.
such applicants were inspected and found to Roy D. Buol, Mayor Pro-Tem
comply with the Ordinances of the City and have Attest: Jeanne F. Schneider, City Clerk
filed proper bonds. Michalski moved adoption of the Resolution.
NOW, THEREFORE, BE IT RESOLVED BY Seconded by Connors. Motion carried 6-0.
THE CITY COUNCIL OF THE CITY OF
BOARDS/COMMISSIONS
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer Applicants are invited to address the Council
Permit. regarding their desire to serve on the following
CLASS “C” BEER PERMIT Commission: Community Development
Hartig Drug Company Inc Hartig Drug #4+ Advisory Commission (Three unexpired 3-year
(Sunday Sale) 2225 Central Ave terms for Census Tracts 2, 3 and 4; One 3-year
Clark Retail Enterprise Clark #2354+ term for Census Tract 1 to expire 2/15/06 –
(Sunday Sale) 700 Rhomberg Ave Term of Isenhart): Applicant: Chuck Isenhart.
Lee Potter Sr Lee’s 76 West Locust Mart+ No one spoke.
(Sunday Sale) 408 W Locust St
PUBLIC HEARINGS
Dubuque Discount Gas Inc. Dubuque Discount
Gas+(Sunday Sale) 4110 Dodge St
Molo Oil Company Big 10 Mart+ Nicholson moved to suspend the rules to allow
(Sunday Sale) 2100 JFK Rd anyone present to address the Council if they so
Passed, approved and adopted this 17th day desire. Seconded by Michalski. Motion carried
of February, 2003. 6-0.
Roy D. Buol, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk ARC Design Resources, Inc./JMC Gold Medal
Michalski moved adoption of the Resolution. Meat, Inc.: Communication from Joseph R.
Seconded by Connors. Motion carried 6-0. Altenhoff, ARC Design Resources, Inc., on
behalf of Wal-Mart Stores, Inc. requesting
40 Regular Session, February 17, 2003
Council withdraw the application to rezone the to PUD Planned Unit Development District with
th
property at 16 and Sycamore Streets; City a PR Planned Residential zoning designation
Manager submitting a communication to Joseph and Zoning Advisory Commission
Altenhoff of ARC Design regarding possible recommending denial, and an Ordinance
source of funds to assist in demolition/cleanup of Amending Appendix A (the Zoning Ordinance) of
the Smithfield property; Proof of publication on the City of Dubuque Code of Ordinances by
notice of hearing to consider a request from reclassifying hereinafter described property
ARC Design Resources, Inc./JMC Gold Medal located at 2800 Rhomberg Avenue from CR
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Meat, Inc. to rezone property located at 16 and Commercial Recreation District to PUD Planned
Sycamore Streets from HI Heavy Industrial Unit Development District with a PR Planned
District to PUD Planned Unit Development with Residential District Designation and adopting a
a PC Planned Commercial designation to allow conceptual development plan with conditions,
a Wal-Mart Super Center and Zoning Advisory presented and read. Michalski moved that this
Commission recommending denial, and an item be withdrawn from the Agenda. Seconded
Ordinance Amending Appendix A (the Zoning by Connors. Motion carried 6-0.
Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter 3300 Nightengale Lane – Request to Rezone:
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described property located along 16 Street Proof of publication on notice of hearing to
from HI Heavy Industrial District to PUD Planned consider a request from Patrick and Patricia
Unit Development District with a PC Planned Kennedy to rezone property located south of
Commercial designation and adopting a Nightengale Lane from R-1c Single-Family
conceptual development plan, with conditions, Residential, with conditions, to R-1 Single-
for Wal-Mart Stores, Inc., presented and read. Family Residential District and Zoning Advisory
Nicholson moved to accept the request to Commission recommending approval, presented
withdraw the application. Seconded by Cline. and read. Michalski moved that the proof and
Motion carried 6-0. communication be received and filed. Seconded
by Nicholson. Motion carried 6-0.
Highway 61/151 and Highway 52 – Request to Attorney Joe Bitter, representing the
Rezone: Communication from Daniel J. Mueller Kennedy’s, spoke in support of this rezoning.
requesting that Council not take action on the An Ordinance Amending Appendix A (the
rezoning request and refer the matter to the Zoning Ordinance) of the City of Dubuque Code
Zoning Advisory Commission, proof of of Ordinances by reclassifying hereinafter
publication on notice of hearing to consider a described property located south of Nightengale
request from Dan Mueller to rezone property Lane from R-1 Single-Family Residential District,
located south of Highway 61/151 and Highway with conditions, to R-1 Single-Family Residential
52 (Lot 1 of Key Gate Center No. 2) from PR District, presented and read.
Planned Residential District to PI Planned
OFFICIAL PUBLICATION
Industrial District to allow for the location of a
ORDINANCE NO. 4-03
batch mix plant and Zoning Advisory
AN ORDINANCE AMENDING APPENDIX A
Commission recommending denial, and an
(THE ZONING ORDINANCE) OF THE CITY OF
Ordinance Amending Appendix A (the Zoning
DUBUQUE CODE OF ORDINANCES BY
Ordinance) of the City of Dubuque Code of
RECLASSIFYING HEREINAFTER DESCRI-
Ordinances by reclassifying hereinafter
BED PROPERTY LOCATED AT SOUTH OF
described property located along U.S. Highway
NIGHTENGALE LANE FROM R-1c SINGLE-
52 east of U.S. Highway 61/151 from PUD
FAMILY RESIDENTIAL DISTRICT, WITH
Planned Unit Development District with a PR
CONDITIONS, TO R-1 SINGLE-FAMILY
Planned Residential District to PUD Planned
RESIDENTIAL DISTRICT.
Unit Development District with a PI Planned
Industrial designation and adopting a conceptual NOW, THEREFORE, BE IT ORDAINED BY
development plan with conditions, presented THE CITY COUNCIL OF THE CITY OF
and read. Michalski moved to refer this matter DUBUQUE, IOWA:
back to the Zoning Advisory Commission. Section 1.That Appendix A (The Zoning
Seconded by Cline. Motion carried 6-0. Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
Eagle Villa – 2800 Rhomberg Avenue – the hereinafter-described property from R-1c
Request to Rezone: Communication from A.J. Single-Family Residential District, with
Spiegel withdrawing his request to rezone conditions, to R-1 Single-Family Residential
property at 2800 Rhomberg Ave.; Proof of District, to wit:
publication on notice of hearing to consider a Lot 1, Lot 2 and Lot A Cedar Ridge Acres No. 2
request from Stott and Associates/A.J. Spiegel – Lot 1 of Lot 1 Mineral Lot 216; Lot 2 of Lot 2 of
to rezone property located at 2800 Rhomberg Lot 2 of Lot 2, Lot 1 of Lot 2 of Lot 2 of Lot 2 of
Avenue from CR Commercial Recreation District Lot 1 of Lot 2 of Lot 2 Cedar Ridge Acres, and to
Regular Session, February 17, 2003 41
the centerline of the adjoining public right-of-Ordinances is hereby amended by reclassifying
way, all in the City of Dubuque, Iowa. the hereinafter-described property from R-2
Section 2. The foregoing amendment has Two-Family Residential Zoning District to C-1
heretofore been reviewed by the Zoning Neighborhood Commercial Zoning District, to
Advisory Commission of the City of Dubuque, wit:
Iowa. Lot 2 of 2 of 2 of Mineral Lot 63 and Lot 11 of
Section 3. This ordinance shall take effect Bush’s Subdivision and east part of Lot 69 in
immediately upon publication, as provided by Union Addition.
law. Section 2. The foregoing amendment has
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Passed, approved and adopted this 17 day of heretofore been reviewed by the Zoning
February 2003. Advisory Commission of the City of Dubuque,
Roy D. Buol, Mayor Pro-Tem Iowa.
Attest: Jeanne F. Schneider, City Clerk Section 3. This ordinance shall take effect
Published officially in the Telegraph Herald immediately upon publication, as provided by
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newspaper this 21 day of February, 2003. law.
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Jeanne F. Schneider, City Clerk Passed, approved and adopted this 17 day of
1t 2/21 February 2003.
Michalski moved that the requirement that a Roy D. Buol, Mayor Pro-Tem
proposed Ordinance be considered and voted Attest: Jeanne F. Schneider, City Clerk
on for passage at two Council Meetings prior to Published officially in the Telegraph Herald
st
the meeting at which it is to be finally passed be newspaper this 21 day of February, 2003.
suspended and further moved final Jeanne F. Schneider, City Clerk
consideration and passage of the Ordinance. 1t 2/21
Seconded by Nicholson. Motion carried 6-0. Michalski moved that the requirement that a
proposed Ordinance be considered and voted
1205 Cleveland Avenue – Request to Rezone: on for passage at two Council Meetings prior to
Proof of publication on notice of hearing to the meeting at which it is to be finally passed be
consider a request from Doug and Marie Colin to suspended and further moved final
rezone property located at 1205 Cleveland consideration and passage of the Ordinance.
Avenue from R-2 Two-Family Residential District Seconded by Nicholson. Motion carried 6-0.
to C-1 Neighborhood Commercial District and
Zoning Advisory Commission recommending 3925 Dodge Street – PUD Amendment: Proof
approval, presented and read. Michalski moved of publication on notice of hearing to consider a
that the proof and communication be received request from Tom Luksetich and Steve Smith to
and filed. Seconded by Nicholson. Motion amend the PUD Planned Unit Development
carried 6-0. District at 3925 Dodge to allow construction of a
Marie Colin spoke in support of the requested new 44,287 square foot building and Zoning
rezoning. Advisory Commission recommending approval,
An Ordinance Amending Appendix A (the presented and read. Markham moved that the
Zoning Ordinance) of the City of Dubuque Code proof and communication be received and filed.
of Ordinances by reclassifying hereinafter Seconded by Nicholson. Motion carried 6-0.
described property located at 1205 Cleveland Tom Luksetich spoke stating this is another
Avenue from R-2 Two-Family Residential Zoning step in the development of Menard’s Store.
District to C-1 Neighborhood Commercial Zoning An Ordinance Amending Appendix A (the
District, presented and read. Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
OFFICIAL PUBLICATION
of Ordinance 67-02, which adopted regulations
ORDINANCE NO. 5-03
for the PUD Planned Unit Development with a
AN ORDINANCE AMENDING APPENDIX A
PC Planned Commercial Designation for 3925
(THE ZONING ORDINANCE) OF THE CITY OF
Dodge Street, presented and read.
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-OFFICIAL PUBLICATION
BED PROPERTY LOCATED AT 1205 ORDINANCE NO. 6-03
CLEVELAND AVENUE FROM R-2 TWO-AN ORDINANCE AMENDING APPENDIX A
FAMILY RESIDENTIAL ZONING DISTRICT TO (THE ZONING ORDINANCE) OF THE CITY OF
C-1 NEIGHBORHOOD COMMERCIAL DUBUQUE CODE OF ORDINANCES BY
ZONING DISTRICT PROVIDING FOR THE AMENDMENT OF
ORDINANCE 67-02, WHICH ADOPTED
NOW, THEREFORE, BE IT ORDAINED BY
REGULATIONS FOR THE PUD PLANNED
THE CITY COUNCIL OF THE CITY OF
UNIT DEVELOPMENT WITH A PC PLANNED
DUBUQUE, IOWA:
COMMERCIAL DESIGNATION FOR 3925
Section 1. That Appendix A (The Zoning
DODGE STREET.
Ordinance) of the City of Dubuque Code of
42 Regular Session, February 17, 2003
NOW, THEREFORE, BE IT ORDAINED BY Open space and landscaping in the PUD
THE CITY COUNCIL OF THE CITY OF District shall be regulated as follows:
DUBUQUE, IOWA: Those areas not designated on the conceptual
Section 1. That Appendix A (the Zoning plan for development shall be maintained as
Ordinance) of the City of Dubuque Code of open space, as defined by Section 8 of the
Ordinances and Ordinance No. 67-02 be Zoning Ordinance, by the property owners
amended by adopting a revised conceptual and/or association.
development plan, a copy of which is attached to E) Sign Regulations.
and made a part hereof, with conditions as Signs in the PUD District shall be regulated as
stated below, to wit: follows:
Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 1 of Lot 3 1)The provision of Section 4-3 (Sign
NE ¼ of SW ¼ Section 28 T89N-R2E, and to Regulations) of the Zoning Ordinance shall
the centerline of the adjoining public right-of-apply unless further regulated by this section.
way, all in the City of Dubuque, Iowa. 2) Wall-Mounted Signs:
Section 2. Pursuant to Iowa Code Section a) Primary Tenant:
414.5 (2001), and as an express condition of the 1) Total aggregate square footage: 400
reclassification, the undersigned property owner square foot
agrees to the following conditions, all of which 2) Number of signs: unlimited
the property owner further agrees are 3) Below eave or parapet
reasonable and imposed to satisfy the public b) Secondary Tenants:
needs that are caused directly by the zoning 1) Total aggregate square footage: 200
reclassification: square foot
A) Use Regulations 2) Number of signs: two per business
The following regulations shall apply to all land 3) Below eave or parapet
uses in the above-described PUD District: 3) Freestanding signs:
1) All permitted, accessory and conditional and a) Center Identification Sign
temporary uses allowed in the C-3 General 1) Total allowed square footage: 300
Commercial District as established in Section 3-square foot
3.3 of the Zoning Ordinance 2) Maximum number: 1
2) Warehousing and storage facilities. 3) Maximum height: 35 feet
B) Lot and Bulk Regulations 4) Directional Signs:
Development of land in the PUD District shall be a) Primary/secondary tenants
as follows: 1) Maximum size: 6 square feet
1) All buildings and structures located within 2) Maximum number: Unlimited
this PUD District shall meet bulk regulations set 3) Maximum height: 10 feet
forth in the Zoning Ordinance for the C-3 5) Lighting: Signs may be illuminated
General Commercial District, Section 3-3.3(F). only by means of indirect lighting
2) Structures within this PUD shall include: whereby all light sources and devices are
115,200 sq. ft. main building (with potential for shielded from view by opaque or
future 12,000 sq. ft. addition). translucent materials, or internally
44,287 sq. ft. secondary building. illuminated by means of a light source
C) Performance Standards completely enclosed by the sign panel.
The development and maintenance of uses in 6) Motion: No signs may include any
this PUD District shall be established in device or means, mechanical, electrical
conformance with Section 3-5.5 of the Zoning or natural, which shall cause motion of
Ordinance and the following standards: the sign panel or any part thereof. No
1) Erosion control shall be provided during all flashing lights or changing colors shall be
phases of construction. allowed.
2) Parking requirements for allowed uses in F) Transfer of Ownership
the PUD District shall be as per the parking Transfer of ownership or lease of property in this
group for the designated use, in accordance with PUD District shall include in the transfer or lease
Section 4-2 of the Zoning Ordinance. agreement a provision that the purchaser or
3) Adequate illumination shall be provided to lessee acknowledges awareness of the
areas used for vehicle and pedestrian conditions authorizing the establishment of the
circulation. New outdoor light fixtures shall be of PUD District.
a cut-off design and utilize a minimum of 90-G) Reclassification of Subject Property.
degree luminaire. The City of Dubuque, Iowa, may initiate zoning
4) Final site development plans shall be reclassification proceedings to the C-3 General
submitted in accordance with Section 4-4 of the Commercial District in accordance with Section
Zoning Ordinance of the City of Dubuque, Iowa, 6 of the Zoning Ordinance if the property owner
prior to construction of any buildings. fails to complete or maintain any of the
D) Open Space and Landscaping conditions of this ordinance.
Regular Session, February 17, 2003 43
RESOLUTION NO. 52-03
H) Modifications.
RESOLUTION ADOPTING PLANS AND
Any modifications of this Ordinance must be
SPECIFICATIONS FOR THE MISSISSIPPI
approved by the City Council in accordance with
RIVER DISCOVERY CENTER WETLAND –
zoning reclassification proceedings of Section 6
SITE PACKAGE INTERIOR WALKWAYS
of the Zoning Ordinance.
PROJECT (CONTRACT 1 - WOOD PIERS
I) Recording.
AND DECKING, CONTRACT 2 – WOOD
A copy of this ordinance shall be recorded at the
FRAMING AND RAILINGS, CONTRACT 3 –
expense of the property owner with the Dubuque
PLUMBING, CONTRACT 4 – ELECTRICAL)
County Recorder as a permanent record of the
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conditions accepted as part of this Whereas, on the 15 day of January, 2003,
reclassification approval. This ordinance shall plans, specifications, form of contract and
be binding upon the undersigned and his/her estimated cost were filed with the City Clerk of
heirs, successors and assigns. Dubuque, Iowa for the Mississippi River
Section 3. The foregoing amendment has Discovery Center Wetland – Site Package II,
heretofore been reviewed by the Zoning Interior Walkways Project (Contract 1 –Wood
Commission of the City of Dubuque, Iowa. Piers and Decking, Contract 2 –Wood Framing
Section 4. The foregoing amendment shall and Railings, Contract 3 – Plumbing, Contract 4
take effect upon publication, as provided by law. – Electrical).
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Passed, approved and adopted this 17 day Whereas, notice of hearing on plans,
of February 2003. specifications, form of contract, and estimated
Roy D. Buol, Mayor Pro-Tem cost was published as required by law.
Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
ACCEPTANCE OF ORDINANCE NO. 6-03 THE CITY COUNCIL OF THE CITY OF
We, Tom Luksetich and Steve Smith, DUBUQUE, IOWA:
representing Luksetich and Smith, LLC, property That the said plans, specifications, form of
owners, having read the terms and conditions of contract and estimated cost are hereby
the foregoing Ordinance No. 6-03 and being approved as the plans, specifications, form of
familiar with the conditions thereof, hereby contract and estimated cost for said
accept the same and agree to the conditions improvements for said project.
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required therein. Passed, adopted and approved this 17 day of
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Dated this 17 day of February 2003. February, 2003.
/s/ Tom Luksetich Roy D. Buol, Mayor Pro-Tem
/s/ Steve Smith Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald Cline moved adoption of the Resolution.
st
newspaper this 21 day of February, 2003. Seconded by Connors. Motion carried 6-0.
Jeanne F. Schneider, City Clerk
RESOLUTION NO. 53-03
1t 2/21
AWARDING CERTAIN CONTRACTS FOR THE
Markham moved that the requirement that a
MISSISSIPPI RIVER DISCOVERY CENTER
proposed Ordinance be considered and voted
WETLAND – SITE PACKAGE II INTERIOR
on for passage at two Council Meetings prior to
WALKWAYS PROJECT AND REJECTING
the meeting at which it is to be finally passed be
THE REMAINING CONSTRUCTION CON-
suspended and further moved final
TRACT BID PROPOSALS
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0. Whereas, sealed proposals have been
submitted by contractors for the Mississippi
Mississippi River Discovery Center Wetland – River Discovery Center Wetland – Site Package
Site Package Interior Walkways Project: Proofs II, Interior Walkways Project, pursuant to
of publication on notice of hearing on plans and Resolution No. 26-03 and notice to bidders
specifications and notice to bidders on the published in a newspaper published in the City
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receipt of bids, and City Manager recommending of Dubuque, Iowa on the 24 day of January,
award of Contract #3 – Plumbing to Portzen 2003.
Construction in the amount of $11,100 and Whereas, said sealed proposals were opened
th
Contract #4 – Electrical (including the alternate) and read on the 6 day of February, 2003, and it
to Paulson Electric Company in the amount of has been determined that the bid of the following
$29,238; and rejection of Contract #1 – Wood contractors in the amounts specified were the
Piers and Decking and Contract #2 – Wood lowest bids for the furnishings of all labor and
Framing and Railings, presented and read. materials and performing the work as provided
Cline moved that the proofs and communication for in the plans and specifications.
be received and filed. Seconded by Connors. NOW THEREFORE, BE IT RESOLVED BY
Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
44 Regular Session, February 17, 2003
Section 1. That contracts for the above Attest: Jeanne F. Schneider, City Clerk
improvement projects be awarded as follows, Cline moved adoption of the Resolution.
subject to the concurrence by the Iowa Seconded by Connors. Motion carried 6-0.
Department of Transportation:
Contract No. 3 Plumbing $11,100.00 Markham moved that the rules be reinstated
Portzen Construction of Dubuque, Iowa limiting discussion to the Council. Seconded by
Contract No. 4 Electrical $19,294.00 Cline. Motion carried 6-0.
(Including Alternate Component) $ 4,944.00
ACTION ITEMS
Paulson Electric Company
Total $35,338.00
Section 2. That upon the signing of said 2004 National Alliance of Preservation
contract and the approval of the contractor’s Commission (NAPC): Communication from the
bond, the City Treasurer is authorized and Historic Preservation Commission requesting
instructed to return the bid deposits of the the City Council submit a letter of support for the
unsuccessful bidders. City to host the 2004 National Alliance of
Section 3. That the bids for the following Preservation Commission, presented and read.
contracts be rejected as follows: Cline moved that the communication be
Contract No. 1. Wood Piers & Decking received and filed and approved request.
Contract No. 2 Wood Framing & Railing Seconded by Nicholson. Motion carried 6-0.
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Passed, approved and adopted this 17 day of
February, 2003. National League of Cities: Communication
Roy D. Buol, Mayor Pro-Tem from the Iowa League of Cities appointing
Attest: Jeanne F. Schneider, CMC, City Clerk Council Member Ann Michalski to serve as one
Cline moved adoption of the Resolution. of Iowa’s representatives on the Human
Seconded by Connors. Motion carried 6-0. Development Policy Committee of the National
League of Cities, presented and read. Cline
RESOLUTION NO. 54-03
moved that the communication be received and
ORDERING BIDS FOR THE MISSISSIPPI
filed. Seconded by Connors. Motion carried 6-
RIVER DISCOVERY CENTER WETLAND –
0.
SITE PACKAGE INTERIOR WALKWAYS
PROJECT (CONTRACT 1-WOOD PIERS AND COUNCIL MEMBER REPORTS
DECKING, CONTRACT 2-WOOD FRAMING)
NOW THEREFORE, BE IT RESOLVED BY Michalski stated that the trip of City leaders to
THE COUNCIL OF THE CITY OF DUBUQUE, Washington, D.:C. was very positive. Cline
IOWA: requested that City Staff look at the creation of a
That the Mississippi River Discovery Center Bluff Land Overlay District in regard to the
Wetland – Site Package II, Interior Walkways possible rezoning of riverfront properties.
Project (Contract 1-Wood Piers and Decking, Markham, Buol, Michalski and Connors said
Contract 2–Wood Framing and Railings), is they were open to information.
hereby ordered to be advertised for bids for
construction. At 7:15 P.M. Michalski moved to go into
BE IT FURTHER RESOLVED, that the amount Closed Session – Pending Litigation – Chapter
of the security to accompany each bid shall be in 21.5(1)(c) 2001 Code of Iowa. Seconded by
an amount which shall conform to the provisions Markham. Motion carried 6-0.
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore At 7:31 P.M. Council reconvened Regular
adopted. Session stating that staff had been given proper
That the City Clerk is hereby directed to direction.
advertise for bids for the construction of the
improvements herein provided, to be published There being no further business, Markham
in a newspaper having general circulation in the moved to adjourn. Seconded by Connors.
City of Dubuque, Iowa, which notice shall not be Motion carried 6-0. The meeting adjourned at
less than four days nor more than forty-five days 7:32 P.M.
prior to the receipt of said bids at 10:00 a.m. on
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the 4 day of March, 2003. Bids shall be /s/ Jeanne F. Schneider, CMC
opened and read by the City Clerk at said time City Clerk
and will be submitted to the Council for final 1t 2/26
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action at 5:00 p.m. on the 5 day of March,
2003.
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Passed, adopted and approved this 17 day of
February, 2003.
Roy D. Buol, Mayor Pro-Tem
Regular Session, February 17, 2003 45
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
46 Special Session, February 20, 2003
1t 2/28
DUBUQUE
CITY COUNCIL
OFFICIAL
Approved:__________________________2003
PROCEEDINGS
Adopted:___________________________2003
City Council, Special Session, February 20,
2003
______________________________________
Council met in Special Session at 6:15 P.M. in
Mayor
the Library Auditorium
______________________________________
Present: Mayor Pro-Tem Buol, Council
Members Cline, Connors, Markham, Michalski,
______________________________________
Nicholson, City Manager Michael Van Milligen
Absent: Mayor Duggan
______________________________________
Mayor Pro-Tem Buol read the call and stated
______________________________________
this is a special session of the City Council
called for the purpose of discussing various City
______________________________________
departmental budgets.
______________________________________
Engineering Department: Discussion centered
Council Members
on the proposed Storm Water Utility. Mike
Portzen, Chair of the Storm Water Citizens
Attest:
Advisory Committee, and Steve Sedgwick,
Stormwater Utility Consultant with Camp
______________________________________
Dresser & McKee, spoke clarifying specifics of
City Clerk
the proposed utility. Dave Stuart, 1470 Locust,
spoke stressing the need for other City projects
and programs.
Operations and Maintenance Department
budget: Council reviewed the budget and
discussed the proposal for the new facility.
Planning Services Department: Discussion
centered on the request for an additional full-
time Associate Planner and the hiring of a
consultant to review and update the Zoning
Ordinance. Dave Rusk of the Long Range
Planning Advisory Commission and Chris Wand
of the Historic Preservation Commission spoke
requesting Council consider funding both
decision packages. Consensus was reached
that the request for an additional full-time
Associate Planner and the hiring of a consultant
to review and update the Zoning Ordinance be
brought to the Public Hearing on February 27,
2003 for separate discussion and vote.
Airport and Library budgets: Council discussed
both budgets and their various 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
Special Session, February 24, 2003 47
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 24,
Approved:__________________________2003
2003
Council met in Special Session at 6:15 P.M. in
Adopted:___________________________2003
the Library Auditorium
Present: Mayor Duggan, Council Members
______________________________________
Buol, Cline, Connors, Markham, Michalski,
Mayor
Nicholson, City Manager Michael Van Milligen
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing various City
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
Council Members
budget, a recommendation for more cooperative
events with Central High School was suggested.
Attest:
Park Division: After reviewing the budget and
______________________________________
in answer to a Council query, assurance was
City Clerk
given that there is a sufficient number of Park
Rangers.
Economic Development Department: A review
of the past and proposed major economic
development was presented.
Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct.,
spoke commending staff for the major
construction projects and requested an annual
status report as to creation and retention of jobs
in TIF 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.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/5
48 Special Session, February 26, 2003
DUBUQUE
Linda Chapman, Director of RSVP – Retired
Senior Volunteer Program, spoke requesting
CITY COUNCIL
funding.
OFFICIAL
Diane Thomas of Substance Abuse Services
PROCEEDINGS
Center spoke requesting funding.
City Council, Special Session, February 26,
Michalski moved to reinstate the rules limiting
2003
discussion to the Council. Seconded by Cline.
Council met in Special Session at 6:15 P.M. in
Motion carried 7-0.
the Public Library Auditorium
Nicholson suggested that the repayment
Present: Mayor Duggan, Council Members
schedule for the Convention and Visitors Bureau
Buol, Cline, Connors, Markham, Michalski,
be moved back one year so they get some
Nicholson, City Manager Michael Van Milligen
additional benefit.
Mayor Duggan read the call and stated this is
There being no further business, Michalski
a special session of the City Council called for
moved to adjourn. Seconded by Connors.
the purpose of discussing various City
Motion carried 7-0. The meeting adjourned at
departmental budgets and to conduct a public
7:35 P.M.
hearing on the Community Development Block
Grant Program.
/s/ Jeanne F. Schneider, CMC
City Clerk
Community Development Block Grant
1t 3/6
Program Public Hearing:
Approved:__________________________2003
Buol moved to suspend the rules to allow
anyone present to speak. Seconded by
Adopted:___________________________2003
Markham. Motion carried 7-0.
Walter Pregler, 2966 Shiras Ave., Chair of the
______________________________________
Community Development Commission,
Mayor
requested that the Budget stay as presented.
______________________________________
After reviewing the proposed budget, Michalski
moved to restore $10,000 to the Historic
______________________________________
Preservation Rehab Program, taking $5,000
from the First Time Homebuyers and $5000
______________________________________
from Homeowner Rehab. Seconded by Cline.
Carried by the following vote: Yeas—Buol,
______________________________________
Cline, Connors, Markham, Michalski, Nicholson.
Nays—Duggan.
______________________________________
Michalski moved to adopt the CDBG Plan as
amended. Seconded by Cline. Carried by the
______________________________________
following vote: Yeas—Buol, Cline, Connors,
Council Members
Markham, Michalski, Nicholson. Nays--Duggan.
Attest:
Purchase of Services:
Sue Czeshinski of the Chamber of Commerce
______________________________________
Convention and Visitors Bureau spoke
City Clerk
requesting funding.
Chuck Isenhart of the Dubuque Area Labor
Management Corporation and Dan 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.
Special Session, Housing Agency, February 27, 2003 49
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 8-0.
DUBUQUE
CITY GOVERNING
There being no further business, Michalski
BOARD OF THE MUNICIPAL
moved to adjourn. Seconded by Cline. Motion
HOUSING AGENCY
carried 8-0. The meeting adjourned at 6:20 P.M.
OFFICIAL
/s/ Jeanne F. Schneider, CMC
PROCEEDINGS
City Clerk
1t 3/7
Governing Board of the Municipal Housing
Agency, February 27, 2003
Board met at 6:15 P.M. in the Public Library
Approved:__________________________2003
Auditorium
Adopted:___________________________2003
Present: Chairperson Duggan, Members Buol,
Cline, Connors, Markham, Michalski, Nicholson,
Plein
______________________________________
Mayor
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-
Council Members
MENT
Whereas, the US Department of Housing and
Attest:
Urban Development (HUD) has required that a
governing board be constituted for purposes of
______________________________________
approving certain actions of the municipal
City Clerk
housing agency; and
Whereas, the City Council has duly constituted
the governing board of the municipal housing
agency of the City of Dubuque by passage of
Ordinance No. 5-02; and
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 IT 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.
th
Passed, approved and adopted this 27 day of
February, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
50 Special Session, February 27, 2003
DUBUQUE
President of the Landowner’s Assn., and Jerry
Maro, 10358 Timothy, as a landlord, spoke
CITY COUNCIL
objecting to the Stormwater Utility fee. Ray
OFFICIAL
Taylor, 1080 River Vista Drive, spoke objecting
PROCEEDINGS
to the Stormwater Utility fee and plan. Mike
Portzen, Chair of the Stormwater Utility Citizens
City Council, Special Session, February 27,
Advisory Committee, spoke in favor of the
2003
Stormwater Utility fee, stressing the need for a
Council Met at 6:30 P.M. in the Public Library
lot of repairs. Wayne Klosterman of the North
Auditorium
End Neighborhood Assn., spoke in favor of the
Present: Mayor Duggan, Council Members
utility if funding not found in the CIP but stressed
Buol, Cline, Connors, Markham, Michalski,
the need of a sunset clause. Greg Cigrand,
Nicholson, City Manager Michael Van Milligen,
1865 Admiral, as a former flood victim spoke of
Corporation Counsel Barry Lindahl.
the necessity for programs to alleviate flooding.
Ron Smith, 491 Burch, spoke of the need for the
Mayor Duggan read the call and stated this is
Utility if not found in the CIP, but stressed a
a Special Session of the City Council called for
sunset clause.
the purpose of conducting a Public Hearing on
the Fiscal Year 2004 Budget and Five Year
Planning Department: Dave Rusk, Chair of
Capital Improvement Program.
the Long Range Planning Commission, Ron
Smith, of the Zoning Advisory Commission, and
Proofs of Publication on Notice of Public
Mike Ruden of the Zoning Board of Adjustment
Hearing on Budget Estimate for Fiscal Year
spoke in favor of the requested Planner position
2004 and Notice of Public Hearing on Five Year
and the Zoning Ordinance update. Chris Wand,
Capital Improvement Program beginning July 1,
Chair of the Historic Preservation Commission,
2003 through the fiscal year ending June 30,
spoke in support of the additional Planner
2008, presented and read. Buol moved that the
position.
proofs be received and filed. Seconded by
Michalski. Motion carried 7-0.
Housing and Community Development: Chris
Wand, Chair of the Historic Preservation
Buol moved to suspend the rules to allow
Commission, spoke in support of the $20,000
anyone present to address the Council if they so
for the Historic Preservation Homeowner Grant
desire. Seconded by Michalski. Motion carried
Program.
7-0.
Michalski moved to close the public hearing
portion of the Budget and to limit discussion to
Public input and discussion on departments in
the Council. Seconded by Cline. Motion
the following order: Human Rights - no
carried 7-0.
comments; Finance - no comments; City
Manager’s Office - no comments; City Council -
An Ordinance Amending the City of Dubuque
no comments; City Clerk’s Office - no
Code of Ordinances Chapter 44 by adding
comments; Legal - no comments; Health
thereto a new Division V. Stormwater
Services – no comments; Cable TV – no
Management, establishing a stormwater
comments; Emergency Communications – no
management utility district, providing for the
comments; Emergency Management – no
powers, duties and responsibilities of the utility,
comments; Fire – no comments; Police – no
establishing a stormwater management charge;
comments; Information Services – no
and establishing a policy regarding expenditure
comments; Building Services – no comments;
of utility revenues, presented and read.
Water Pollution Control Plant – no comments;
Operations and Maintenance – no comments;
OFFICIAL PUBLICATION
Water – no comments; Airport – no comments;
ORDINANCE NO. 7-03
Library – no comments; Civic Center – no
AMENDING THE CITY OF DUBUQUE CODE
comments; Recreation – no comments, Park –
OF ORDINANCES CHAPTER 44 BY ADDING
no comments; Economic Development – no
THERETO A NEW DIVISION V.
comments; Transit – no comments; Parking –
STORMWATER MANAGEMENT, ESTAB-
no comments; Purchase of Services – no
LISHING A STORMWATER MANAGEMENT
comments; Capitol Improvement Program – no
UTILITY DISTRICT, PROVIDING FOR THE
comments.
POWERS, DUTIES AND RESPONSIBILITIES
OF THE UTILITY, ESTABLISHING A
Engineering Department: David Stuart, 1470
STORMWATER MANAGEMENT CHARGE;
Locust, spoke in support of the Stormwater
ESTABLISHING A POLICY REGARDING
Utility. Steward Sandstrom, President of the
EXPENDITURE OF UTILITY REVENUES.
Chamber of Commerce, John Herrig, as
Special Session, February 27, 2003 51
NOW, THEREFORE, BE IT ORDAINED BY been placed or constructed, thus increasing the
THE CITY COUNCIL OF THE CITY OF amount of rainwater or surface water runoff.
Director
DUBUQUE, IOWA: means the city engineer as director of
Section 1. Chapter 44 of the City of Dubuque the stormwater management utility.
Dwelling unit
Code of Ordinances is hereby amended by means a singular unit or
adding thereto the following: apartment providing complete, independent
ARTICLE V. STORMWATER MANAGEMENT living facilities for one or more persons including
Sec. 44-270. Definitions. permanent provisions for living, sleeping, eating,
The following words, terms and phrases, when cooking and sanitation.
Single-Family UnitSFU
used in this article, shall have the meanings or means the average
ascribed to them in this section, except where impervious area of a single-family residential
the context clearly indicates a different meaning: property located within the city as periodically
Bonds
means revenue bonds, notes, loans or determined and established as provided in this
any other debt obligations issued or incurred to article.
SFU rate
finance the costs of construction. means the dollar value periodically
Contributoruser
or means any person owning, determined and assigned to each SFU as a
operating, or otherwise responsible for property charge for stormwater management services,
within the city which directly or indirectly and expressed as $X.XX per SFU.
Exempt property
discharges stormwater or surface or subsurface means public right-of-ways
waters to any portion of the stormwater including public streets, alleys, sidewalks, and
management system, including direct or indirect public drainage facilities.
Extension and replacement
discharges to the city's stormwater drainage means costs of
system, or which is directly or indirectly extensions, additions and capital improvements
protected by the city's flood protection system or to or the renewal and replacement of capital
stormwater drainage system. The term assets of or purchasing and installing new
"contributor" or "user" means any person equipment for the system or land acquisition for
responsible for the direct or indirect discharge of the system and any related costs thereto or
stormwater or surface or subsurface waters to paying extraordinary maintenance and repair,
the city's stormwater drainage system. including the costs of construction, or any other
Costs of construction
means costs reasonably expenses which are not costs of operation and
incurred in connection with providing capital maintenance or debt service.
Fiscal year
improvements to the system or any portion means a 12-month period
thereof, including but not limited to the costs of commencing on July 1, and ending on June 30
the following: of the succeeding year.
Flood protection system
(1) Acquisition of all property, real or personal, means the system of
and all interests in connection therewith levees, floodwalls, floodgates, storm sewer
including all rights-of-way and easements gatewells, and stormwater pumping stations
therefore; lying adjacent to rivers, creeks, and streams
(2) Physical construction, installation and testing within the city, including associated control and
including the costs of labor, services, materials, operating equipment and facilities whether
supplies and utility services used in connection adjacent to such rivers, creeks, or streams or
therewith; remotely located, which are intended to provide
(3) Architectural, engineering, legal and other flood protection to properties adjacent to such
professional services; rivers, creeks, and streams.
Impervious area
(4) Insurance premiums during construction, to means the number of square
the extent not paid for by a contractor for feet of hard-surfaced areas which either prevent
construction and installation; or retard the entry of water into soil mantle, as it
(5) Any taxes or other charges which become entered under natural conditions as
due during construction; undeveloped property, and/or cause water to run
(6) Expenses incurred by the city or on its behalf off the surface in greater quantities or at an
with its approval in seeking to enforce any increased rate of flow from that present under
remedy against any contractor or subcontractor natural conditions as undeveloped property,
in respect of any default under a contract including but not limited to roofs, roof
relating to construction; extensions, patios, porches, driveways,
(7) Principal and interest on any bonds; and sidewalks, concrete/asphalt pavement, gravel
(8) Miscellaneous expenses incidental thereto. surfaces and athletic courts.
Debt serviceMultifamily residential property
means the amount of money means a
necessary annually to pay the interest on residential structure designed with two or more
outstanding debt and pay the principal of dwelling units to accommodate two or more
maturing debt. families or groups of individuals living separately
Developed property
means real property upon and not sharing the same living space.
which a structure or impervious surface has
52 Special Session, February 27, 2003
Nonoperating revenues
refers to revenues to operate, maintain and improve the system
derived from activities other than the basic and for such other purposes as stated in this
operations of the stormwater management article.
Stormwater management utility system
system, but excluding interest income on bond or
system
proceeds and on contributed capital. means the existing stormwater
Nonresidential property
means any property management facilities, stormwater drainage
developed for commercial, industrial, system, and flood protection system of the city
governmental, or institutional use, including and all improvements thereto which by this
churches, hospitals, and other eleemosynary article are constituted as the property and
institutions and including multiuse properties responsibility of the utility, to be operated as an
incorporating residential uses, but excluding enterprise fund to, among other things, conserve
undeveloped property and property used water; control discharges and flows necessitated
exclusively for agricultural purposes. by rainfall events; and incorporate methods to
Operating budget
means the annual operating collect, convey, store, absorb, inhibit, treat, use
budget for the stormwater management utility or reuse water to prevent or reduce flooding,
adopted by the city council for the succeeding overdrainage, environmental degradation and
fiscal year. water pollution or otherwise affect the quality
Operations and maintenance expense
means and quantity of discharge from such system.
Total annual revenue requirements
the current expenses, paid or accrued, of refers to
operation, maintenance and current repair of the the total amount of revenue required in one year
system, as calculated in accordance with sound to meet all expenditures incurred during that
accounting practice, and includes, without year for the financing of construction and for the
limiting the generality of the foregoing, insurance operations and maintenance, including
premiums, administrative expenses including administration and renewal and replacement
recordkeeping, the cost of materials and funding, of the stormwater drainage system,
supplies used for current operations, and including facilities for the collection,
charges for the accumulation of appropriate transportation, and treatment of stormwater, and
reserves for current expenses not annually of the flood control protection system, including
incurred, but which are such as may reasonably river levees and stormwater pumping stations.
Undeveloped property
be expected to be incurred in accordance with means real property
sound accounting practice. that has no impervious area.
Single-family residential property
means a Sec. 44-271. Declaration of purpose;
detached residential structure designed as a establishment of district.
single dwelling unit to accommodate one family (a) The city council finds, determines, and
or group of individuals living together and declares it to be conducive to the health,
sharing the same living space, but excluding welfare, safety and convenience of the city and
multi-class (i.e. commercial, residential, its residents that a stormwater management
industrial, institutional etc.) properties which utility district be established within the city.
include single-family residential uses. Consequently, pursuant to Iowa Code §
Revenues
means all rates, fees, assessments, 384.84(1), a stormwater management utility
rentals or other charges or other income district, to be known as The Dubuque
received by the utility, in connection with the Stormwater Management Utility, is established,
management and operation of the system, and it is ordained and declared that the city shall
including amounts received from the investment be and constitute the stormwater management
or deposit of moneys in any fund or account and utility district, and that the utility shall comprise
any amounts contributed by the city, all as and include elements of the city's stormwater
calculated in accordance with sound accounting drainage and flood protection systems which
practice. provide for the collection, treatment and disposal
Stormwater drainage system
means the of stormwater, surface water, and groundwater.
system of publicly or privately owned or It is further found, determined, and declared that
operated rivers, creeks, ditches, drainage the elements of the stormwater management
channels, pipes, basins, street gutters, and utility are of benefit and provide services to all
lakes within the city through which or into which real properties within the incorporated city limits,
stormwater runoff, surface water, or subsurface including property not directly served by the
water is conveyed or deposited. stormwater drainage system, and that such
Stormwater management charge
means the benefits and services may include but are not
charge authorized by state law and this article limited to the provision of adequate systems of
which is established to pay operations and collection, conveyance, detention, treatment and
maintenance, extension, replacement and debt release of stormwater; the reduction of hazard to
service of the stormwater drainage system. property and life resulting from stormwater runoff
Stormwater management utilityutility
or means and flooding; improvement in general health and
the enterprise fund utility created by this article welfare through reduction of undesirable
Special Session, February 27, 2003 53
stormwater conditions and flooding; and adjustments to such fees, charges, fines and
improvement to the water quality in the other revenues.
stormwater and surface water system and its (9) Prepare an annual operating budget for the
receiving waters. utility and make recommendations regarding
(b) It is further determined and declared to be the financing of the cost of extending and
necessary and conducive to the protection of the replacing the system.
public health, welfare, safety and convenience of Sec. 44-273. Organization.
the city and its residents that charges be levied The city council shall be the governing body of
upon and collected from the owners or the stormwater management utility. The
occupants of all lots, parcels of real estate, and stormwater management utility shall be under
buildings that discharge stormwater or surface the direction, management and control of the
or subsurface waters, directly or indirectly, to the city engineer who shall function as its director. In
city stormwater drainage system, and that the that capacity, the director shall supervise the
proceeds of such charges so derived be used day-to-day operation of the stormwater
for the purposes of operation, maintenance, management utility, shall enforce this article and
repair, replacement and debt service for the provisions of all ordinances and regulations
construction of the stormwater drainage and adopted pursuant to this article and shall carry
flood protection improvements comprising the out the policy directives of the city council acting
stormwater management utility. in its role as governing body of the stormwater
Sec. 44-272. Powers, duties and management utility.
responsibilities. Sec. 44-274. Establishment of SFU, SFU rate
The stormwater management utility shall have and stormwater management charge;
the following powers, duties, and establishment of policy regarding expenditure of
responsibilities: utility revenues.
(1) Prepare ordinances as needed to (a) For purposes of this article, an SFU shall be
implement this article and forward the equivalent to 2,917 square feet of impervious
ordinances to the city council for consideration property.
and adoption, and adopt such regulations and (b) Except as provided in this article, every
procedures as are required to implement this contributor owning or occupying a single-family
article and carry out its duties and residential property, multifamily residential
responsibilities. property, or a nonresidential property, other than
(2) Administer the acquisition, design, exempt property, shall pay to the city , at the
construction, maintenance and operation of the same time payment is made for water service,
utility system, including capital improvements sanitary sewer or refuse, a stormwater
designated in the comprehensive drainage plan. management charge to be determined and billed
(3) Administer and enforce this article and all as provided in this article. In the event the owner
ordinances, regulations and procedures adopted and the occupant of a particular property are not
relating to the design, construction, the same, the liability for payment of the
maintenance, operation and alteration of the stormwater management charge attributable to
utility system, including but not limited to the that property shall be joint and several as to the
quantity, quality and/or velocity of the owner and occupant. The stormwater
stormwater conveyed thereby. management charge shall be a monthly service
(4) Inspect private systems as necessary to charge and shall be determined by this article
determine the compliance of such systems with and the SFU rate which is established in this
this article and any ordinances or regulations article and from time to time adjusted as
adopted pursuant to this article. provided in this article.
(5) Prepare and revise a comprehensive (c) The stormwater management charges
drainage and flood protection plan for periodic provided in sections 44-275 through 44-276 of
review and adoption by the city council. this article shall be applied and computed for
(6) Review plans, approve or deny, inspect each contributor during the customary billing
and accept extensions to the stormwater periods as to all bills mailed by the city's finance
drainage system. director, and such charges shall thereafter be
(7) Establish and enforce regulations to protect paid and collected as provided in this article.
and maintain water quality within the system in (d) The SFU rate to be applied to residential and
compliance with water quality standards nonresidential properties for the period July 1,
established by state, regional and/or federal 2003 through June 30, 2008 shall be $1.29 per
agencies as adopted or amended. SFU. The director shall determine the SFU rate
(8) Annually analyze the cost of services and to be applied to residential and nonresidential
benefits provided, and the system and structure properties within the city and shall certify the
of fees, charges, fines and other revenues of the same promptly thereafter to the city manager.
utility, and make recommendations regarding 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 that the development is substantially complete
submitted to the council for its review and or has been halted for at least three months
approval. If it is determined that the SFU rate is (c) Any owner or occupant of a residential
to be adjusted, the city manager shall thereafter property aggrieved by the director's calculation
publish said adjusted rate once in a newspaper of the stormwater management charge as
of general circulation, shall give notice thereof to provided in this section may appeal such
contributors if and as required by applicable determination to the director as provided in
state or federal law, and shall, in the absence of section 44-280 of this article.
council enactment of an ordinance not later than Sec. 44-276. Stormwater management charge
May 1 directing the imposition of a different rate, for non-single family residential property.
proceed to impose and collect the adjusted rate The stormwater management charge for a non-
from and after July 1 of that year. single family residential property shall be the
(e) If at any time the director determines that the following percentage of the SFU rate multiplied
SFU rate and/or the budget for the stormwater by the number of dwelling units on the property:
management utility system requires adjustment,
the director shall report such determination to ****
the city manager and city council. The city
council may at any time adjust the SFU rate by
adoption of an ordinance amending this section,
and may at any time adjust the budget for the
stormwater management utility system by
adoption of an appropriate resolution.
(f) The city council hereby establishes a formal
policy regarding the expenditure of stormwater Sec. 44-277. Reserved
management utility revenues as follows: Sec. 44-278. Stormwater management charge
(1) The city manager shall develop and for nonresidential property.
implement a cost accounting system, capable of (a) The stormwater management charge for
accurately recording and segregating charges to nonresidential property shall be the SFU rate
the system by all departments of the city, to multiplied by the numerical factor obtained by
include the cost of personnel, machinery, dividing the total impervious area of a
contract equipment and construction, supplies, nonresidential property by the number of square
depreciation, and any and all miscellaneous feet in one SFU. The minimum charge for any
expenses and purchases. nonresidential property shall be equal to one
(2) No revenues generated by the stormwater SFU rate. For newly developed nonresidential
utility user fee shall be used for any purpose property, the charge attributable to that property
other than stormwater expenses. shall commence or increase, for additional
Sec. 44-275. Stormwater management charge development to property which is already
for single-family residential property. developed, upon the issuance of the certificate
(a) The stormwater management charge for a of occupancy for such additional development
single-family residential property shall be the or, if no certificate of occupancy will be issued
following percentage of the SFU rate: 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
complete or has been halted for at least three
months.
(b) For separately metered occupancy units
within a nonresidential property with joint users
of common impervious areas, the director shall
calculate and allocate the pro rata stormwater
management charge among the users.
(c) Any owner or occupant of a nonresidential
property aggrieved by the director's calculation
of the stormwater management charge or
(b) As to a new single-family residence, the allocation among users as provided in this
stormwater management charge attributable to section may appeal such determination to the
that residence shall commence upon the earlier director as provided in section 44-280 of this
of the following: The issuance of a permanent article.
water-meter. If no water-meter is issued for that (d) An adjustment to the stormwater charge
development or if development has halted, on may be granted by the director who is hereby
the date that the director or the director's authorized to establish procedures and
designee determines in reasonable judgment standards for the adjustment of fees. .
Special Session, February 27, 2003 55
Sec. 44-279. Reserved stormwater management charge for that
Sec. 44-280. Appeal of impervious surface property. If an appeal occurs within 90 days after
calculation. the initial billing of a property, any adjustment of
(a) Any owner or occupant of a single-family the stormwater management charge resulting
residential property aggrieved by the initial or from such appeal shall be retroactive to the date
any subsequent determination of the stormwater of the initial billing. If an appeal occurs within 90
management charge for such property, as days after a billing showing a recalculation of the
provided in section 44-275 of this article, may stormwater management charge, any
appeal such determination and calculation to the adjustment of the stormwater management
director, utilizing information supplied by the charge resulting from such appeal shall be
appealing owner or occupant, provided such retroactive to the date the recalculated bill went
information is verified as correct by a certified into effect.
professional engineer or surveyor at the owner (f) Appeals by the owners, occupants, or
or occupant’s expense. occupant organizations of multifamily residential
(b) Any owner or occupant of a multifamily properties or nonresidential properties shall
residential property aggrieved by the initial or include a statement of the total property area,
any subsequent calculation of the stormwater and/or total impervious area, as appropriate for
management charge, as provided in section 44-the particular grounds for appeal. Appeals by the
276 of this article, may appeal such calculations owners of single-family residential properties
and allocation to the director as outlined herein. shall include a statement or data showing the
(c) Any owner or occupant of nonresidential actual square footage of the lot or parcel. Such
property aggrieved by the initial or any information may be shown on stormwater
subsequent calculation of the total impervious management reporting forms or on appeal forms
area of such property, calculation of the and may be accompanied by plats, county
stormwater management charge for such assessor's records, or survey data. The director
property, as provided is section 44-278 of this may request additional information from the
article, may appeal such calculations or appealing party. Based upon the information
allocation to the director. Upon such appeal, the provided by the utility and appealing party, the
stormwater management charge shall be director shall make a final calculation of the
recalculated using information obtained as stormwater management charge. The director
provided in this section. shall notify the parties, in writing, of the director's
(d) An appeal by the owner, occupant, or decision within 90 days after receipt of the
occupant organization of a single-family or appeal. If still aggrieved, a party may request, in
multifamily residential property must be filed in writing, a review by the city manager of the
writing within 90 days after the initial billing of director's decision. Such request must be filed
the stormwater management charge for that with the city manager within 30 days after the
property or within 90 days after any billing director's decision, shall cite specific error by the
showing a recalculation of the stormwater director, and shall include the calculation of the
management charge for that property. For an stormwater management charge which the
appeal occurring within 90 days of the initial appealing party believes to be correct. The city
billing of a property, any adjustment of the manager shall review the record presented and
stormwater management charge resulting from render a written decision within 30 days after
such appeal shall be retroactive to the date of receipt of the request for review. The city
the initial billing. For an appeal occurring within manager may request additional information
90 days of a billing showing a recalculation of from either party. If still aggrieved, a party may
the stormwater management charge, any request review of the city manager's decision by
adjustment of the stormwater management the city council in the same manner as above
charge resulting from such appeal shall be provided for review by the city manager. The
retroactive to the date the recalculated bill went filing of an appeal shall not excuse the payment
into effect. of the stormwater management charge when
(e) The owner, occupant, or occupant due. However, the city shall refund any portion
organization of a nonresidential property, who is of the charge paid subsequent to the filing of the
aggrieved (i) by the initial or any subsequent appeal which is adjudged to be excessive, with
calculation of the impervious area of the interest at the rate provided by law.
property, (ii) by the calculation of the stormwater Sec. 44-281. Rate determinations; compliance
management charge, or (iii) by the allocation of with bond covenants.
such charge among occupants, may appeal (a) In calculating the SFU rate as provided in
such determinations, provided that such appeal section 44-274 of this article, the director shall
must be filed in writing within 90 days after the include in the budgeted expense and revenue
initial billing of the stormwater management amounts sufficient funds as will ensure
charge for that property or within 90 days after compliance with any and all rate covenants
any billing showing a recalculation of the applicable to any outstanding bonds, notes or
56 Special Session, February 27, 2003
other obligations issued in connection with the records, materials and supplies; the obtaining
construction and operation of the stormwater and maintaining of all office and storage space;
management utility system. and all other costs and expenses reasonably
(b) For purposes of complying with any necessary in connection therewith or incidental
covenant relating to the issuance of additional thereto, shall be a part of the cost of operating
bonds, notes or other obligations ranking on a the stormwater utility and shall be incurred when
parity with outstanding bonds issued in the finance director, in the exercise of his or her
connection with the construction and operation judgment, shall so determine. The incremental
of the stormwater management utility, the cost thereof shall be deducted by the finance
director shall, prior to council consideration of director, upon his or her certification as to the
the resolution to take additional action for the amount thereof, from the remittance to which it
issuance of such additional bonds, and with relates, subject to the condition that any
such assistance from the city's independent proposed change in any method of computing
accountants as the director deems necessary, such incremental cost may be effective
calculate the SFU rate necessary to produce prospectively only and only after such proposed
revenues sufficient to comply with such change shall have been submitted to and
covenant and shall certify the rate to the city approved by the city council.
manager. The city manager shall inform the city Sec. 44-287. Reserved.
council of the revised SFU rate at the time that Section 2. This Ordinance shall take effect
the resolution to take additional action for the upon publication.
th
issuance of such bonds is submitted to the Passed, approved and adopted this 27 day of
council for its review and approval. Upon council February, 2003.
approval of such resolution, the city manager Terrance M. Duggan, Mayor
shall publish the revised SFU rate once in a Attest: Jeanne F. Schneider, CMC, City Clerk
newspaper of general circulation, shall give Published officially in the Telegraph Herald the
notice thereof to contributors if and as required 7th day of March, 2003.
by applicable state or federal law, and shall Jeanne F. Schneider, CMC, City Clerk
proceed to impose and collect the rate 1t 3/7
commencing with the next available billing cycle. Buol moved that the requirement that a
Sec. 44-282. Billing procedures; delinquent proposed Ordinance be considered and voted
accounts and collection procedures. on for passage at two Council Meetings prior to
(a) The procedures for billing of the stormwater the meeting at which it is to be finally passed be
management service charges provided in suspended and further moved final
sections 44-275 through 44-278 of this article consideration and passage of the Ordinance.
and for the collection of delinquent stormwater Seconded by Nicholson. Carried by the
management service charges shall be as following vote: Yeas—Buol, Cline, Connors,
provided in section 44-86. Markham, Michalski, Nicholson. Nays—
(b) Contributors who are not billed by the city Duggan.
for water, sanitary sewer or refuse shall be
directly billed for stormwater management Communication from the Long Range Planning
services by the city. In such instances, the billing Advisory Commission regarding their review of
and collection of stormwater management the Five Year Capital Improvement Program
charges shall be subject to the same rules and Budget, presented and read. Nicholson moved
procedures as to delinquency in payment, that the communication be received and filed.
certification of delinquency, and property lien as Seconded by Cline. Motion carried 7-0.
provided in section 44-86.
RESOLUTION NO. 56-03
Sec. 44-283. Annual review of SFU rate.
ADOPTION OF FIVE YEAR CAPITAL
Under this article, the director shall review the
IMPROVEMENT PROGRAM AS AMENDED
SFU rate annually and revise the rate as
necessary to ensure that the system generates WHEREAS, a recommended five year Capital
adequate revenues to pay total annual revenue Improvement Program for the period beginning
requirements. July 1, 2003, and ending June 30, 2008, for the
Sec. 44-284. Reserved. City of Dubuque has been prepared and
Sec. 44-285. Reserved submitted to the City Council; and
Sec. 44-286. Expenses of collection of WHEREAS, the five year Capital Improvement
stormwater management charges. Program: (1) describes specific capital
The incremental cost of collecting and improvement projects; (2) provides estimated
accounting for all stormwater management costs for those projects; (3) proposes sources of
charges, including reasonable compensation to funds for each of them; and (4) schedules the
the finance director; the maintenance of all year during which each project will be
books and records; the employment of undertaken; and
necessary personnel; the cost of all books,
Special Session, February 27, 2003 57
WHEREAS, the capital improvement projects NOW, THEREFORE, BE IT RESOLVED BY
for the first year are included in the Fiscal Year THE CITY COUNCIL OF THE CITY OF
2004 budget for the City of Dubuque; and DUBUQUE, IOWA:
WHEREAS, the five year Capital Improvement Section 1. That the Program Year 2003 (Fiscal
Program will be reconsidered annually by the Year 2004) Community Development Block
City Council and appropriately revised; and Grant Annual Action Plan as amended, attached
WHEREAS, the adoption of the five year hereto as Exhibit C and by this reference made
Capital Improvement Program is a prudent a part hereof, is hereby adopted.
measure to provide continuity of programs and Section 2. That the City Manager is hereby
is in the best interest of the City of Dubuque. authorized and directed to prepare and to submit
NOW THEREFORE, BE IT RESOLVED BY to the U.S. Department of Housing and
THE CITY COUNCIL OF THE CITY OF Development the Program Year 2003 (Fiscal
DUBUQUE, IOWA: Year 2004) Annual Plan for the use of
Section 1. That the five year Capital Community Development Block Grant funds
Improvement Program for the period beginning based on this adopted budget.
th
July 1, 2003, set out in the Fiscal Year 2004-Passed, approved and adopted this 27 day of
2008 Recommended Capital Improvement February 2003.
Budget, as amended, is hereby approved, and Terrance M. Duggan, Mayor
adopted as the proposed allocation of the City Attest: Jeanne F. Schneider, City Clerk
resources for capital improvements as Michalski moved adoption of the Resolution,
scheduled in the years shown, subject to annual as amended. Seconded by Cline. Motion
review and revision. carried 7-0.
th
Passed, approved and adopted this 27 day of
RESOLUTION NO. 58-03
February 2003.
ADOPTING THE FIVE-YEAR STREET
Terrance M. Duggan, Mayor
CONSTRUCTION PROGRAM FOR FISCAL
Attest: Jeanne F. Schneider, City Clerk
YEARS 2004-2008
Nicholson moved adoption of the Resolution,
as amended. Seconded by Cline. Motion Whereas, a recommended Five-Year Street
carried 7-0. Construction Program for the Fiscal Years 2004-
2008 beginning July 1, 2003, and ending June
Communication from the Historic Preservation 30, 2007, for the City of Dubuque has been
Commission regarding the Fiscal Year 2004 prepared and submitted to the City Council; and
Community Development Block Grant Annual Whereas, the Five-Year Street Construction
Action Plan and requesting the allocation of Program: 1) describes specific capital
$20,000 for the Historic Preservation improvement projects; 2) provides estimated
Homeowner Grant Program, presented and costs for those projects; 3) proposes sources of
read. Michalski moved that the communication funding; and 4) schedules the fiscal/calendar
be received and filed. Seconded by Cline. year during which each project will be
Motion carried 7-0. undertaken; and
Whereas, the capital improvement projects for
RESOLUTION NO. 57-03
the first year of such five-year program are
A RESOLUTION ADOPTING THE PROGRAM
included in the Fiscal Year 2004 budget; and
YEAR 2003 (FISCAL YEAR 2004)
Whereas, the adoption of the Five-Year Street
COMMUNITY DEVELOPMENT BLOCK
Construction Program is a prudent measure to
GRANT (CDBG) ANNUAL PLAN AS
provide continuity of programs and is in the best
AMENDED
interest of the City of Dubuque.
Whereas, the City of Dubuque has, through a NOW THEREFORE, BE IT RESOLVED BY
series of public meetings and hearings, finalized THE COUNCIL OF THE CITY OF DUBUQUE,
a Program Year 2003 (Fiscal Year 2004) IOWA:
Community Development Block Grant Annual Section 1. That the Five-Year Street
Action Plan addressing both housing and non-Construction Program for Fiscal Years 2004-
housing needs in the community; and 2008 beginning July 1, 2003, set out in the
Whereas, copies of the draft Program Year Fiscal Years 2004-2008 Recommended Capital
2003 (Fiscal Year 2004) CDBG Annual Plan Improvement Budget, is hereby approved and
have been available for public comment 30 days adopted as the proposed allocation of City
prior to City Council action; and resources for capital improvements as
Whereas, the City's Community Development scheduled in the years shown, subject to annual
Advisory Commission has reviewed and review and revision.
th
recommended adoption of the Annual Plan; and Passed, adopted and approved this 27 day of
Whereas, the City Council has held a public February, 2003.
hearing on the proposed plan and amended the Terrance M. Duggan, Mayor
plan. Attest: Jeanne F. Schneider, City Clerk
58 Special Session, February 27, 2003
Buol moved adoption of the Resolution. following vote: Yeas—Buol, Cline, Connors,
Seconded by Michalski. Motion carried 7-0. Markham, Michalski, Nicholson. Nays—
Duggan.
RESOLUTION NO. 59-03
A RESOLUTION ADOPTING THE ANNUAL
Michalski moved to postpone consideration of
BUDGET, AS AMENDED, FOR THE FISCAL
the additional Associate Planner position until
YEAR ENDING JUNE 30, 2004
funds were available after the hiring freeze was
NOW THEREFORE, BE IT RESOLVED BY lifted. Seconded by Markham. Motion carried 7-
THE CITY COUNCIL OF THE CITY OF 0.
DUBUQUE, IOWA:
Section 1. That the annual budget, as Nicholson moved to take the City Manager’s
amended, for the fiscal year ending June 30, recommendation to not do the sidewalks in
2004, as set forth in the Adoption of Budget and Washington Park at this time and to use those
Certification of Taxes summary and supporting funds to implement the update of the Zoning
state budget forms and in the detailed budget in Ordinance. Seconded by Michalski. Carried by
support thereof showing the revenue estimates the following vote: Yeas—Buol, Cline, Connors,
and appropriation expenditures and allocations Markham, Michalski, Nicholson. Nays—Duggan.
to programs and activities for said fiscal year is
adopted, and the City Clerk is directed to make An Ordinance Amending the Code of
the filings required by law and to set up the Ordinances of the City of Dubuque, Iowa,
books in accordance with the summary and Section 9-31 “Registration Fees” for bicycles by
details as adopted. increasing the fees, presented and read.
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Passed, approved and adopted this 27 day of
OFFICIAL PUBLICATION
February 2004.
ORDINANCE NO. 8-03
Terrance M. Duggan, Mayor
AN ORDINANCE AMENDING THE CODE OF
Attest: Jeanne F. Schneider, City Clerk
ORDINANCES OF THE CITY OF DUBUQUE,
Michalski moved adoption of the Resolution,
IOWA, BY REPEALING SECTIO 9-31
as amended. Seconded by Cline. Carried by the
“REGISTRATION FEES” AND ENACTING A
following vote: Yeas—Buol, Cline, Connors,
NEW SECTION 9-31 IN LIEU THEREOF
Markham, Michalski, Nicholson. Nays—Duggan.
PROVIDING FOR AN INCREASE IN
“REGISTRATION FEES” FOR BICYCLES
Communication from the City Manager
representing options on funding for the two NOW THEREFORE, BE IT ORDAINED BY
items held out for separate discussion and THE CITY COUNCIL OF THE CITY OF
making a recommendation on a temporary hiring DUBUQUE, IOWA:
freeze to cover the impact of reduced utility tax Section 1. That Sec. 9-31 of the Code of
replacement excise tax revenue and the impact Ordinances of the City of Dubuque, Iowa be and
of valuation changes since the budget is hereby repealed and the following new Sec. 9-
recommendation was submitted, presented and 31 is enacted in lieu thereof:
read. Michalski moved that the communication Sec. 9-31 Registration Fees.
be received and filed and approved the (a) The fee for a bicycle registration on any
recommendation. Seconded by Cline. Carried after March 1, 2003 the fee for a bicycle
by the following vote: Yeas—Buol, Cline, registration shall be five dollars ($5.00) valid for
Connors, Markham, Michalski, Nicholson. the length of time the bicycle is owned.
Nays—Duggan. (b) Bicycle registration fees shall not be
prorated, refundable or transferred.
Items held out for separate discussion: Full Section 2. This Ordinance shall take effect on
time Associate Planner Position - $70,000 and March 1, 2003.
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Zoning Ordinance Review and Update Passed, approved and adopted the 27 day of
$130,000. Communications from the Historic February, 2003.
Preservation Commission, Long Range Planning Terrance M. Duggan, Mayor
Advisory Commission, Zoning Advisory Attest: Jeanne F. Schneider, City Clerk
Commission and Zoning Board of Adjustment in Published officially in the Telegraph Herald
st
support of the additional Associate Planner newspaper this 1 day of March, 2003.
position and communications from the Long Jeanne F. Schneider, City Clerk
Range Planning Advisory Commission, Zoning 1t 3/1
Advisory Commission and Zoning Board of Buol moved that the requirement that a
Adjustment in support of the hiring of a proposed Ordinance be considered and voted
consultant to review and update the Zoning on for passage at two Council Meetings prior to
Ordinance, presented and read. Michalski the meeting at which it is to be finally passed be
moved that the communications be received and suspended and further moved final
filed. Seconded by Cline. Carried by the
Special Session, February 27, 2003 59
consideration and passage of the Ordinance. Table 108.2 in Section 11-2 with a new Table
Seconded by Nicholson. Motion carried 7-0. 108.2 to Section 11-2 providing for the issuance
of permits and collection of fees therefore for
RESOLUTION NO. 60-03
building permits, presented and read.
ADJUSTING FEES FOR AMBULANCE
SERVICEOFFICIAL PUBLICATION
ORDINANCE NO. 9-03
Whereas, fees for ambulance service have not
AN ORDINANCE AMENDING THE CODE OF
been adjusted for several years; and
ORDINANCES, CITY OF DUBUQUE, IOWA BY
Whereas, changes in the federal Medicare
REPLACING TABLE 108.2 IN SECTION 11-2
program rules require changes in the fee
WITH A NEW TABLE 108.2 TO SECTION 11-2
structure for ambulance service; and
PROVIDING FOR THE ISSUANCE OF
Whereas, market studies and technology
PERMITS AND COLLECTION OF FEES
upgrades also support an increase in ambulance
THEREFORE.
fees.
NOW THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT ORDAINED BY
THE COUNCIL OF THE CITY OF DUBUQUE, THE CITY COUNCIL OF THE CITY OF
IOWA: DUBUQUE, IOWA:
Section 1. The following fee schedule for Section 1. That Section 11-2 of the Code of
ambulance service is adopted: Ordinances of the City of Dubuque, Iowa be
Resident Non-Resident amended by repealing Table 108.2 and enacting
Basic Life Support (BLS) Base Rate a new Table 108.2 in lieu thereof as follows:
$400.00 $550.00 Table No. 108.2 - BUILDING PERMIT FEES
Advanced Life Support (ALS) 1 Base Rate 1. Permit Issuance Fee for each permit: $5.00
$500.00 $650.00 2. Valuation Fee Schedule (in addition to permit
Advanced Life Support (ALS) 2 Base Rate issuance fee)
$650.00 $800.00 $1.00 to $500.00 $20.00
On Scene Care Basic Life Support (BLS) $501.00 to $2,000.00 $20.00 for the first
$ 75.00 $225.00 $500.00, plus $10.00 for each additional
On Scene Care Advanced Life Support (ALS) $500.00 or fraction thereof, to and including
$150.00 $300.00 $2,000.00.
Oxygen Administration $2,001.00 to $25,000.00 $50.00 for the first
$ 35.00 $ 35.00 $2,000.00, plus $8.00 for each additional
Spinal Immobilization $1,000.00 or fraction thereof, to and including
$ 75.00 $ 75.00 $25,000.00.
NitroNox® Analgesia $25,001.00 to $50,000.00 $234.00 for the first
$ 75.00 $ 75.00 $25,000.00, plus $6.00 for each additional
Disposable Supplies $1,000.00 or fraction thereof, to and including
$10.00 cost = 300% mark-up > $50,000.00.
$10.01 cost = 200% mark-up $50,001.00 to $100,000.00 $384.00 for the first
Mileage $50,000.00, plus $4.00 for each additional
$ 6.00 $ 6.50 $1000.00 or fraction thereof, to and including
Paramedic Intercept $100,000.00.
$400.00 $400.00 $100,001.00 to $500,000.00 $584.00 for the
Stand-by As determined by the Fire Chief first $100,000.00, plus $33.00 for each
Section 2. This fee schedule shall take effect additional $10,000.00 or fraction thereof, to and
on March 1, 2003. including $500,000.00.
Section 3. The City Manager or the City $500,001.00 and above $1904.00 for the first
Manager’s designee is authorized to accept as $500,000, plus $27.00 for each additional
payment in full the amount paid by Medicare or $10,000.00 or fraction thereof.
Medicaid and any other insurers for covered Other Inspections and Fees
ambulance services for Medicare and Medicaid (1) Plan review fees when a plan is required
patients who are residents of the City of by section 302(b) of the code, per hour of review
Dubuque. time. $30.00* (minimum of one-hour charge and
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Passed, approved and adopted this 27 day of charged in 1/2-hour increments
February, 2003. beyond the first hour)
Terrance M. Duggan, Mayor (2) Inspections outside of normal business
Attest: Jeanne F. Schneider, City Clerk hours, per hour. $45.00* (minimum charge of
Buol moved adoption of the Resolution. two (2) hours)
Seconded by Nicholson. Motion carried 7-0. (3) Reinspection fee assessed under
provisions of Section 305(g), each. $30.00*
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa, by replacing
60 Special Session, February 27, 2003
(4) Inspections for which no fee is specifically minimum sewer service charge, according to the
indicated, per hour.$30.00* (minimum charge of size of the meter, shall be as follows:
1/2-hour) Meter Size Minimum Allowance
(5) Additional plan review required by (inches) Charge (cubic feet)
changes, additions or revisions to approved 5/8 $ 3.27 200
plans, per hour..$30.00* (minimum charge of 3/4 $ 8.17 500
1/2-hour) 1 or larger $13.07 800
* Or the total hourly cost to the jurisdiction, Section 3. This Ordinance shall take effect on
whichever is the greatest. This cost shall the first day of July, 2003.
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include outside plan review expense, Passed, approved and adopted this 27 day of
supervision, overhead, equipment, hourly wages February, 2003.
and fringe benefits of the employees involved. Terrance M. Duggan, Mayor
Section 3. This Ordinance shall be in effect Attest: Jeanne F. Schneider, City Clerk
after its final passage, approval and publication Published officially in the Telegraph Herald the
th
as required by law. 7 day of March, 2003.
Passed, approved and adopted this 27th day Jeanne F. Schneider, CMC, City Clerk
of February, 2003. 1t 3/7
Terrance M. Duggan, Mayor Buol moved that the requirement that a
Attest: Jeanne F. Schneider, City Clerk proposed Ordinance be considered and voted
Published officially in the Telegraph Herald on for passage at two Council Meetings prior to
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newspaper this 7 day of March, 2003. the meeting at which it is to be finally passed be
Jeanne F. Schneider, CMC, City Clerk suspended and further moved final
1t 3/7 consideration and passage of the Ordinance.
Buol moved that the requirement that a Seconded by Nicholson. Motion carried 7-0.
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to An Ordinance Amending the City of Dubuque
the meeting at which it is to be finally passed be Code of Ordinances Section 40-39 paragraph
suspended and further moved final (d) providing for solid waste collection carts to
consideration and passage of the Ordinance. be available to all City yard waste collection
Seconded by Nicholson. Motion carried 7-0. customers and establishing the fee for such
carts; and increasing the annual permit fee for
An Ordinance Amending the Code of the collection of yard waste from $20.00 to
Ordinances of the City of Dubuque, Iowa, $25.00, presented and read.
Sections 44-83(a)(3)g, establishing basic sewer
OFFICIAL PUBLICATION
rates for residential and commercial users,
ORDINANCE NO. 11-03
presented and read.
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES SEC-
TION 40-39 PARAGRAPH (d) PROVIDING
FOR SOLID WASTE COLLECTION CARTS TO
OFFICIAL PUBLICATION BE AVAILABLE TO ALL CITY YARD WASTE
ORDINANCE NO. 10-03 COLLECTION CUSTOMERS AND ESTAB-
AN ORDINANCE AMENDING THE CODE OF LISHING THE FEE FOR SUCH CARTS; AND
ORDINANCES OF THE CITY OF DUBUQUE, INCREASING THE ANNUAL PERMIT FEE
IOWA, SECTIONS 44-83 (a)(2) AND 44-83 FOR THE COLLECTION OF YARD WASTE
(a)(3)g. ESTABLISHING BASIC SEWER FROM $20.00 TO $25.00.
RATES FOR RESIDENTIAL AND
NOW THEREFORE, BE IT RESOLVED BY
COMMERCIAL USERS.
THE COUNCIL OF THE CITY OF DUBUQUE,
NOW, THEREFORE, BE IT ORDAINED BY IOWA:
THE CITY COUNCIL FOR THE CITY OF Section 1. Section 40-39(d) of the City of
DUBUQUE, IOWA: Dubuque Code of Ordinances is hereby
Section 1. Section 44-83 (a)(2) of the Code of amended to read as follows:
Ordinances, City of Dubuque, Iowa is hereby Section 40-39. Yard Waste
amended to read as follows: (d) Yard waste collected by the city shall be
Rates per each one hundred (100) cubic placed in degradable paper bags with an affixed
feet…..$1.64 single use tag or in permanent waste containers
Section 2. Section 44-83 (a)(3)g. of the Code with an affixed annual yard waste permit or be
of Ordinances, City of Dubuque, is hereby contained by tying devices approved by the city
amended to read as follow: manager. The charges for collection and
Where the quantity of water consumed is such disposal of “yard waste” as defined shall be as
that the minimum service is charged, the follows:
Special Session, February 27, 2003 61
WASTE AND RECYCLABLE MATERIALS
(1) The fee for tying devices approved by the
INCREASING THE BASE FEE FROM $7.20
city manager shall be one dollar five cents
PER DWELLING UNIT PER MONTH TO $7.49;
($1.05) each.
AND AMENDING SECTION 40-37
(2) The fee paid to the city by a property owner
PARAGRAPH (d) PROVIDING FOR SOLID
for an annual yard waste permit for a permanent
WASTE CARTS TO BE AVAILABLE TO ALL
waste container shall be twenty-five dollars
REFUSE COLLECTION CUSTOMERS.
($25.00) each through June 30 of each year.
The fee shall be reduced by one-half (1/2) on NOW, THEREFORE, BE IT ORDAINED BY
July 1 of each year, and again by one-half (1/2) CITY COUNCIL OF THE CITY OF DUBUQUE,
on September 1 of each year. A permit shall IOWA:
only be used by the property owner who Section 1. Section 40-37 (a), (b), (c) and (d) of
purchased it. the City of Dubuque Code of Ordinances is
(3) The fee for single use tags shall be one hereby amended to read as follows:
dollar five cents ($1.05) each. Sec. 40-37. Charges-Amounts; Exceptions:
(4) Solid waste carts, owned by the city for (a) Class I Premises: Except as qualified
semi-automated lifting, may be subscribed by below, a fee of seven dollars forty-nine cents
owners and/or property managers of class I, II, ($7.49) per dwelling unit per month shall be paid
and III premises. The fee for a sixty-four (64) to the city by the property owner of each class I
gallon city cart shall be fourteen dollars fifty premises for such services. Said fee shall be in
cents ($14.50) for each subscribed month during payment for collection and disposal of one 35-
the yard waste collection season. A non-gallon can or one 35-gallon trash bag of "solid
refundable startup administrative fee of twenty waste" as defined in this chapter. There is no
dollars ($20.00) shall be charged each time a limit on the number of bins allowed to be
cart is delivered to a newly subscribed cart collected containing acceptable "recyclable
customer. Carts shall be stored by the customer materials" as defined in this chapter. Exceptions
until the customer’s subscription is cancelled. to the collection charges for class I premises are
Section 2. This Ordinance shall take effect as follows:
upon publication. (1) When a class I premises has been
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Passed, approved and adopted this 27 day of vacant for a period not less than three (3)
February, 2003. consecutive months, the owner may apply to
Terrance M. Duggan, Mayor the city manager for a credit under procedures
Attest: Jeanne F. Schneider, City Clerk to be established by the city manager. Such
Published officially in the Telegraph Herald credit shall continue only so long as the class I
newspaper this 7th day of March, 2003. premises is vacant.
Jeanne F. Schneider, City Clerk (2) Class I premises when the head of the
1t 3/7 household is sixty five (65) years of age or
Buol moved that the requirement that a older and has an annual income equal to or
proposed Ordinance be considered and voted less than the income standards used by HUD
on for passage at two Council Meetings prior to for its "section eight (8) housing program" for
the meeting at which it is to be finally passed be one- and two-person households may, upon
suspended and further moved final application to the city manager, be exempted
consideration and passage of the Ordinance. from one-half (1/2) the established collection
Seconded by Nicholson. Motion carried 7-0. charge. After the initial application, annual
application shall be made by the head of
An Ordinance Amending the City of Dubuque household on July 1 of each year to verify
Code of Ordinances Section 40-37 paragraphs annual income and eligibility.
(a), (b), and (c) establishing charges for the (3) In cases of extreme financial hardship,
collection and disposal of solid waste and the city manager, may and is hereby
recyclable materials increasing the base fee authorized and empowered to, make
from $7.20 per dwelling unit per month to $7.49 adjustments in the monthly collection charges
and amending Section 40-37 paragraph (d) as the city manager may deem appropriate. In
providing for solid waste carts to be available to such cases, the city manager shall have the
all refuse collection customers, presented and authority to require such proof of vacancy,
read. financial status, age or extreme hardship as
the city manager may deem necessary.
OFFICIAL PUBLICATION
(4) Class I premises when a family
ORDINANCE NO. 12-03
household of five (5) or more persons has an
AN ORDINANCE AMENDING CITY OF
annual income equal to or less than the
DUBUQUE CODE OF ORDINANCES
income standards used by HUD for its "section
SECTION 40-37 PARAGRAPHS (a), (b) AND
eight (8) housing program" for the size of that
(c) ESTABLISHING CHARGES FOR THE
household may, upon application to the city
COLLECTION AND DISPOSAL OF SOLID
manager, be exempted from one-half (1/2) the
62 Special Session, February 27, 2003
established collection charge. After the initial fee for an additional one dollar eighty cents
application, annual application shall be made ($1.80) per month. Such containers shall be
by the head of household on July 1 of each holders for standard trash bags for manual
year to verify annual income and eligibility. removal by city crews, shall not contain any
(b) Class II Premises: A fee of seven dollars loose material, and shall not be lifted and
forty-nine cents ($7.49) per month shall be paid dumped by crews. Individual trash bags held in
to the city by the property owner of each class II the oversized container shall weigh no more
premises for such services. Said fee shall be in than forty (40) pounds.
payment for collection and disposal of one 35-(4) A yearly subscription for weekly collection
gallon can or one 35-gallon trash bag of "solid of an additional oversized solid waste
waste" as defined. There is no limit on the container, or containers, may be subscribed
number of bins allowed to be collected for an additional five dollars fifty cents ($5.50)
containing acceptable "recyclable materials" as each per month. The subscription ends each
defined. year on June 30. A subscription may not be
The owner of a class II premises served by the canceled before June 30.
city solid waste collection may provide the city (5) A three (3) month subscription for weekly
manager with not less than fourteen (14) days' collection of an additional oversize solid waste
written notice of intent to terminate the service. container, or containers, may be subscribed
Such termination of service shall be effective at for an additional five dollars fifty cents ($5.50)
the beginning of the next billing period after such each per month. The four (4) subscription
fourteen (14) day notice period. periods are July, August and September;
(c) Class III Premises: A fee of seven dollars October, November and December; January,
forty-nine cents ($7.49) per month shall be paid February and March; and, April, May and
to the city by the property owner of each class III June. A subscription may not be canceled.
premises for such services. Said fee shall be in (6) Solid waste carts, owned by the city for
payment for collection and disposal of one 35-semi automated lifting, may be subscribed by
gallon can or one 35-gallon trash bag of "solid owners and/or property managers of class I, II
waste" as defined. There is no limit on the and III premises. The customer shall choose
number of bins allowed to be collected the number and size of the cart. The fee for a
containing acceptable "recyclable materials" as sixty five (65) gallon city cart shall be
defined. seventeen dollars ($17.00) each per month.
The owner of a class III premises served by The fee for a ninety five (95) gallon city cart
city solid waste collection may provide the city shall be twenty five dollars ($25.00) each per
manager with not less than fourteen (14) days' month.
written notice of intent to terminate the service. (7) Official city of Dubuque single use
Such termination of service shall be effective at stickers costing one dollar five cents ($1.05)
the beginning of the next billing period after such shall be applied to each additional standard
fourteen (14) day notice period. solid waste container or small bulky or bundled
(d) Class I, II Or III Premises: Collection item in excess of the one standard solid waste
options and charges under unit based pricing for container collected under the base monthly
class I, II and III premises are as follows: solid waste fee or any additional subscribed
(1) A yearly subscription for weekly collection container(s).
of an additional standard solid waste (8) Multiple-family dwellings of three (3), four
container, or containers, may be subscribed (4), five (5), and, six (6) dwelling units as well
for an additional four dollars thirty three cents as class II or class III premises sharing a
($4.33) each per month. The subscription ends common set out location with other city solid
each year on June 30. A subscription may not waste customers shall only use approved rigid
be canceled before June 30. solid waste containers with permanent
(2) A three (3) month subscription for weekly identification as to the specific premises.
collection of an additional standard solid waste However, for the two (2) weeks following
container, or containers, may be subscribed Christmas excess solid waste may be set out
for an additional four dollars thirty three cents in trash bags with applied city of Dubuque
($4.33) each per month. The four (4) single use stickers.
subscription periods are July, August and Section 2. This ordinance shall take effect on
September; October, November and the first day of July, 2003.
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December; January, February and March; and, Passed, approved and adopted this 27day of
April, May and June. A subscription may not February, 2003.
be canceled. Terrance M. Duggan, Mayor
(3) Oversize, nonstandard rigid solid waste Attest: Jeanne F. Schneider, City Clerk
containers of up to fifty (50) gallons in capacity Published officially in the Telegraph Herald the
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may be subscribed as the one container 7 day of March, 2003.
covered under the base monthly solid waste Jeanne F. Schneider, CMC, City Clerk
Special Session, February 27, 2003 63
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Buol moved that the requirement that a Buol moved that the requirement that a
proposed Ordinance be considered and voted proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be the meeting at which it is to be finally passed be
suspended and further moved final suspended and further moved final
consideration and passage of the Ordinance. consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending the City of Dubuque An Ordinance Amending the Code of
Code of Ordinances Section 44-201(a) fixing Ordinances of the City of Dubuque, Iowa
water rates for residential, commercial, industrial Section 44-202 Fire Sprinkler Service,
and all other uses, presented and read. presented and read.
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 13-03 ORDINANCE NO. 14-03
AN ORDINANCE AMENDING THE CODE OF AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE, ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, SECTION 44-201 (a), FIXING WATER IOWA, SECTION 44-202 FIRE SPRINKLER
RATES FOR RESIDENTIAL, COMMERCIAL, SERVICE
INDUSTRIAL, AND ALL OTHER USES.
NOW, THEREFORE, BE IT ORDAINED BY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA:
DUBUQUE, IOWA: Section 1. Section 44-202, of the Code of
Section 1. Section 44-201(a), of the Code of Ordinances, City of Dubuque, Iowa is hereby
Ordinances, City of Dubuque, Iowa is hereby amended to read as follows:
amended to read as follows: Section 44-202. Fire Sprinkler Service.
Section 44-201 (a). Residential, Commercial, Commencing July 1, 2003, customers who have
Industrial and all other uses. fire sprinkler service shall be billed for this
Commencing July 1, 2003, the rates to be service on a monthly basis. This monthly
charged for water for residential, commercial, charge shall be included on the customer’s
industrial and all other uses and purposes by regular monthly bill for which charges are fixed
any person, firm or corporation within the City and determined as follows:
shall be fixed and determined as follows: Number of Heads Monthly Current Charges
Monthly Consumption Change per Hundred Up to 200 (minimum monthly charge)…$ 9.48
Cubic Feet 200-300 $11.37
First 3,000 $1.58 300-400 $13.27
Next 12,000 $1.30 400-600 $15.15
Next 35,000 $1.19 600-800 $17.05
Next 50,000 $1.07 800-1,000 $18.95
Next 100,000 $ .93 1,000-1,200 $20.85
Rates shall be subject to the following 1,200-1,400 $22.73
minimum monthly charge according to the size 1,400-1,600 $24.64
of the meter: 1,600-1,800 $26.53
Meter Size 1,800-2,000 $28.42
(Inches) New Charge Cubic Feet 2,000-2,200 $30.32
5/8 $ 3.16 200 2,200-2,400 $32.20
¾ $ 7.90 500 2,400-2,600 $34.10
1 $ 12.64 800 2,600-2,800 $36.01
1½ $ 41.08 2,600 2,800-3,000 $37.89
2 $ 68.20 4,600 3,000-3,500 $39.78
3 $146.20 10,600 Over 3,500 (for each additional 500 heads or
4 $224.84 16,800 fraction thereof) $ 1.91
th
6 $462.82 36,800 Passed, approved and adopted this 27 day of
8 $753.65 62,500 February, 2003.
th
Passed, approved and adopted this 27 day of Terrance M. Duggan, Mayor
February, 2003. Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Published officially in the Telegraph Herald
th
Attest: Jeanne F. Schneider, City Clerk newspaper this 7 day of March, 2003.
Published officially in the Telegraph Herald the Jeanne F. Schneider, City Clerk
th
7 day of March, 2003. 1t 3/7
/s/Jeanne F. Schneider, CMC, City Clerk
64 Special Session, February 27, 2003
Buol moved that the requirement that a provisions of this chapter relating to the parking
proposed Ordinance be considered and voted of vehicles may, within 30 calendar days from
on for passage at two Council Meetings prior to the time when such notice is served upon such
the meeting at which it is to be finally passed be owner or operator or attached to such vehicle,
suspended and further moved final pay to the city treasurer as a penalty for such
consideration and passage of the Ordinance. violation the following sum:
Seconded by Nicholson. Motion carried 7-0. (1) Overtime Parking, Double-Parking And Any
Other Standing Or Parking Violation: If paid
RESOLUTION NO. 61-03
within 30 calendar days from time of violation as
A RESOLUTION RESCINDING RESOLUTION
indicated on the notice, such fine shall be the
NO. 105-97, ESTABLISHING A SCHEDULE
sum of five dollars ($5.00); if not paid within 30
OF DEVELOPMENT SERVICES FEES, AND
calendar days, such fine shall be the sum of ten
ADOPTING IN LIEU THEREOF A NEW
dollars ($10.00).
SCHEDULE OF DEVELOPMENT SERVICES
(2) Street Storage: If paid within 30 calendar
FEES AS PROVIDED IN THE ZONING
days from time of violation as indicated on the
ORDINANCE (APPENDIX A) AND THE
notice, such fine shall be the sum of five dollars
SUBDIVISION REGULATIONS (CHAPTER 42)
($5.00); if not paid within 30 calendar days,
OF THE CODE OF ORDINANCES OF THE
such, fine shall be the sum of ten dollars
CITY OF DUBUQUE, IOWA.
($10.00).
Whereas, the City Council of the City of (3) Parking In Private Lots. If paid within 30
Dubuque, Iowa establishes by resolution certain calendar days from time of violation as indicated
fees for development services pursuant to the on the notice such fine shall be the sum of five
Zoning Ordinance and the Subdivision dollars ($5.00); if not paid within 30 calendar
Regulations, pursuant to the attached Schedule days, such fine shall be the sum of ten dollars
of Planning and Zoning Fees. ($10.00).
NOW THEREFORE, BE IT RESOLVED BY (4) Parking In Interference With Snow Or Ice
THE CITY COUNCIL OF THE CITY OF Removal Or Street Cleaning: If paid within 30
DUBUQUE, IOWA: calendar days from the time of violation as
Section 1. That Resolution No. 105-97 and its indicated in the notice, such fine will be in the
Schedule of Fees is hereby rescinded. sum of five dollars ($5.00); if not paid within 30
Section 2. That the attached Fee Schedule is calendar days, then such fine shall be in the
hereby approved. sum of ten dollars ($10.00).
Section 3. That the attached Fee Schedule (5) Parking In Required Access Roadways: If
shall take effect on July 1, 2003. paid within 30 calendar days from the time of
th
Passed, approved and adopted this 27 day of violation as indicated in the notice, such fine will
February 2003. be in the sum of five dollars ($5.00); if not paid
Terrance M. Duggan, Mayor within 30 calendar days, then such fine will be in
Attest: Jeanne F. Schneider, City Clerk the sum of ten dollars ($10.00).
Buol moved adoption of the Resolution. (6) Parking In Reserved City Service Areas Or
Seconded by Nicholson. Motion carried 7-0. City-Owned Vehicle Parking Areas As Provided
In Sections 32-274, 32-275, 32-277 Or 32-284
An Ordinance Amending Section 32-279 of the Of This Chapter: If paid within 30 calendar days
City of Dubuque Code of Ordinances Parking from the time of violation as indicated in the
Violations – Fines, presented and read. notice, such fine shall be in the sum of five
dollars ($5.00); if not paid within 30 calendar
OFFICIAL PUBLICATION
days, then such fine shall be in the sum of ten
ORDINANCE NO. 15-03
dollars ($10.00).
AMENDING SECTION 32-279 OF THE CITY
(7) Illegal Alley Parking: If paid within 30
OF DUBUQUE CODE OF ORDINANCES
calendar days from time of violation as indicated
PARKING VIOLATIONS - FINES
on the notice, such fine shall be the sum of five
NOW, THEREFORE, BE IT ORDAINED BY dollars ($5.00); if not paid within 30 calendar
THE CITY COUNCIL OF THE CITY OF days, such fine shall be the sum of ten dollars
DUBUQUE, IOWA: ($10.00).
Section 1. Section 32-279 of the City of (8) Parking Within Five Feet Of A Fire Hydrant
Dubuque Code of Ordinances is amended to As Provided In subsection 32-261(4) Of This
read as follows: Chapter: If paid within 30 calendar days from
Sec. 32-279. Parking Violations-Fines. time of violation as indicated on the notice, such
The owner or operator of any vehicle who shall fine shall be in the sum of five dollars ($5.00); if
receive notice, either personally or by the not paid within 30 calendar days, such fine shall
attaching of such notice to said vehicle, that said be in the sum of ten dollars ($10.00).
vehicle is parked in such manner, in such a Payment of the above penalty, or fine, upon
place or for such a time as to violate the being mailed to the City Treasurer shall be
Special Session, February 27, 2003 65
deemed paid as of the time of postmark on the
envelope thereof. Approved:__________________________2003
Section 2. This ordinance shall take effect
July 1, 2003. Adopted:___________________________2003
Passed, approved and adopted this 27th day
of February, 2003.
Terrance M. Duggan, Mayor ______________________________________
Attest: Jeanne F. Schneider, City Clerk Mayor
Published officially in the Telegraph Herald the
th
7 day of March, 2003. ______________________________________
Jeanne F. Schneider, CMC, City Clerk
1t 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 Nicholson. Motion carried 7-0.
______________________________________
There being no further business, Buol moved Council Members
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 7:37 P.M. Attest:
/s/ Jeanne F. Schneider, CMC ______________________________________
City Clerk City Clerk
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66 Special Session, February 27, 2003