2004 April Council ProceedingsRegular Session, April 5, 2004 107
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, April 5, 2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nicholson, City
Manager Michael Van Milligan, Corporation
Counsel Lindahl.
Absent: Council Member Connors
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Sr. Paula Maloy.
Proclamations: Fair Housing Month (April,
2004) received by Bruce Ray of Housing and
Urban Development; Community Development
Week (April 12 — 18, 2004) received by Sister
Paula Maloy; Make -A -Wish Week (April 18 —
24, 2004) received by Sue Mohr; Poppy Day
(May 1, 2004) received by Norman Nelson.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 2/23 and 3/22; Cable TV
Regulatory Commission of 3/10; City
Conference Board of 2/17; City Council of 3/15;
Community Development Advisory Commission
of 3/10; Five Flags of 2/16; Housing Code
Appeals Board of 1/20 (as amended) and 2/17;
Housing Commission of 2/24; Housing
Commission Trust Fund of 3/11; Long Range
Planning Advisory Commission of 3/17;
Plumbing Board of 3/16; Transit Board of 3111;
Zoning Advisory Commission of 3/2, presented
and read. Michalski moved that the minutes be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
Printed Council Proceedings for January,
2004, presented and read. Michalski moved that
the proceedings be received and filed and
approved as printed. Seconded by Nicholson.
Motion carried 6 -0.
Notice of Claims /Suits: Del Banowetz for
vehicle damage; Marilyn Campbell for vehicle
damage; Mary Criss for personal injury to
Demond Criss; Carol J. Eberlein for vehicle
damage; Marguerite Martin for personal injury
and vehicle damage; Thomas J. Mueller for
personal injury and vehicle damage; James A.
Daniel vs. Peninsula Gaming Company, LLC,
City of Dubuque, and Fischer Excavating, Inc.,
presented and read. Michalski moved that the
claims be referred to the Legal Staff for
investigation and report. Seconded by
Nicholson. Motion carried 6 -0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Del
Banowetz for vehicle damage; Mary Criss for
personal injury to Demond Criss; Carol Eberlein
for vehicle damage; Marguerite Martin for
personal injury/vehicle damage; Thomas Mueller
for personal injury/vehicle damage, presented
and read. Michalski moved that the
communications be received and filed.
Seconded by Nicholson. Motion carried 6 -0.
Corporation Counsel recommending
settlement of the claims of Marilyn Campbell for
vehicle damage and Sarah Neis for vehicle
damage and directing the Finance Department
to issue payment, presented and read. Michalski
moved that the communications be received and
filed and concurred with the recommendation
and Finance Department to issue payments.
Seconded by Nicholson. Motion carried 6 -0.
City Development Board: Ruling on Motion to
Dismiss from the City Development Board in the
matter of the voluntary annexation of the City of
Asbury within the urbanized area of the City of
Dubuque, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 6 -0.
Dubuque Golf and County Club: Commu-
nication from Richard Bugalski, General
Manager of the Dubuque Golf and Country Club,
requesting permission to display fireworks on
July 4, 2004 on the Dubuque Golf and Country
Club grounds, presented and read. Michalski
moved that the communication be received and
filed and request approved. Seconded by
Nicholson. Motion carried 6 -0.
Proofs of publication of City Council meetings
of 2/23, 2/24, 3/1, 3/3 and 3/15, presented and
read. Michalski moved that the proofs be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
Lease Agreement with Tri -State Modelers:
City Manager recommending approval of a
three -year lease agreement with the Tri -State
Modelers for a section of the former Roosevelt
Park, presented and read. Michalski moved that
the communication be received and filed and
108 Regular Session, April 5, 2004
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Target Grant Application: City Manager
recommending approval of a grant application to
the Target Corporation in the amount of $1,149
for a laptop computer for use by the Community
Oriented Policing program, presented and read.
Michalski moved that the communication be
received and filed and approved recom-
mendation. Seconded by Nicholson. Motion
carried 6 -0.
Development Agreement for Westbrook
Subdivision: City Manager recommending
approval of a development agreement with
Callahan Construction, Inc. for development of
affordable single - family housing in the
Westbrook Subdivision, presented and read.
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Memorandums of Understanding with the
Visiting Nurse Association and United Clinical
Laboratories: City Manager recommending
approval of an agreement with the Visiting Nurse
Association and United Clinical Laboratories to
provide HUD lead grant - related services,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Legislative Correspondence:
Communication from the City Manager to area
legislators urging their opposition to SF2297 and
HSB718 - Property Tax Limitation Bills, SF2298
— Appropriations Bill Regarding Property Tax
Credits, and HSB727 — Department of Revenue
Technical Corrections Bill, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
Communication from the City Manager to area
legislators urging their support of any
amendments to SSB3169, the Appropriations
Bill, which would remove a reference in Section
227 that would force cities to absorb the $20
million shortfall in State reimbursement of
property tax credits and support of Amendment
#216 which reinstates Iowa Code Section 25B.7,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6 -0.
Communication from the City Manager to area
senators encouraging them to vote against
SSB3168, the property tax limitation bill,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6 -0.
Communication from the Mayor to
Congressman Jim Nussle thanking him for
identifying the IA 32 (Southwest Arterial) and the
US 20 Julien Dubuque Bridge as projects to be
included in the new transportation authorization
bill, presented and read. Michalski moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 6 -0.
Wartburg Place Reconstruction Project: City
Manager recommending approval of the Final
Assessment Schedule for the Wartburg Place
Reconstruction Project, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
RESOLUTION NO. 124 -04
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE
WARTBURG PLACE RECONSTRUCTION
PROJECT INCLUDING CERTAIN
INFORMATION REQUIRED BY THE CODE OF
IOWA, SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID INSTALLMENTS,
THE TIME WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE AND TO
PUBLISH NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the Wartburg Place
Reconstruction Project under contract with
Portzen Construction, Inc. of Dubuque, Iowa,
which final plat and schedule were filed in the
office of the City Clerk on the 31' day of March,
2004, the said schedule of assessments be and
the same is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
Regular Session, April 5, 2004 109
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the City
Treasurer, City Hall, 50 W. 13 Street, Dubuque,
Iowa, at any time within 30 days after the date of
the first publication of this notice of the filing of
the final schedule of assessments with the
County Treasurer. After 30 days, unpaid
assessments of $100.00 or more are payable in
10 annual installments at the County Treasurer's
Office, Dubuque County Courthouse, 720
Central, Dubuque, Iowa, and will draw annual
interest at nine (9) percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. Property
owners may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
WARTBURG STREET (FREMONT AVENUE
TO SUNSET RIDGE)
FINAL SCHEDULE OF FINAL ASSESSMENTS
The following schedule is hereby determined
to show each lot proposed to be assessed for
the improvement shown in the title together with
the amount proposed to be assessed against
each lot and the valuations shown opposite each
lot are hereby fixed as the true valuations of
such lots by the City Council of the City of
Dubuque.
OWNER LOT DESCRIPTION
PARCEL NO. WATER SERVICE
ASSESSMENT TOTAL NET ASSESSMENT
SIMPSON'S ADD.
Ott, Luanas Lot 1 -1 of 2 -64 & 1 -64 & Lot 2
ML 144 & Lot 2 -2 -1 Sub 2 -64 10 -26-
453 -010 Water: $522.62
Total Assessment: $3,689.27
ESTHER MCGUIRE PLACE
Schmid, James A. & Lot 1 10 -26- 453 -013
$0.00 Total Assessment $1,057.45
Mary Schmid, James A. & Lot 2- 210- 26 -453-
013
Mary Beschen, Raymond & Mary Lot 1 -2
10- 26- 453 -011 $0.00
Total Assessment $1,838.82
Hartley, Mary Louise Sly 89'— Wly 110'2
Sub 1 —3 64 & 2 -64 Simpson's Addn &
ML 144 10 -26- 453 -012 $0.00
Total Assessment $1838.62
Hartley, Mary Louise Sly 89'— Ely 90 —2 Sub 1-
3-64 and 2 -64 in Simpson's Addn &
ML 144 10- 26-453 -012
Hartley, Mary Louise Sly 89'— Wly 10' 1 -2 -1
Sub 1 —3 64 & 2 -64 Simpson's Addn &
ML 144 10 -26- 453 -012
MINERAL LOT 139
Conlon Partners Lot 1 10- 35- 201 -009 $0.00
Total Assessment $ 1,757.32
Conlon Partners Lott- 1- 1- 1- 2 -1 -1,
1- 2- 2 -1 -1, 2- 1- 1- 2 -1 -1, 2- 2- 2- 1.1 -1 -1 10 -35-
201 -010 Water: $ 522.62
Total Assessment: $ 3,271.93
Conlon Partners Lot
2- 1- 2 -1 -1 -1 $ 0.00
Total Assessment $ 7,642.15
Woodward, M. Jeanne Lot 1 -1 -2 $ 0.00
Total Assessment: $6,772.71
Conlon, Christine All McDonald — Wartburg
Place Water: $ 632.50
Total Assessment: $16.216.03
SIMPSON'S ADD
Wartburg Theological Seminary (Attn: Business
Office) Lot 1 -4 -64 Water: $2,379.74
Total Assessment: $40,316.05
TOTALS: WATER:$ 4,057.48
TOTAL ASSESSMENTS: $84,400.56
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
White Street Reconstruction Project: City
Manager recommending approval of the Final
Assessment Schedule for the White Street
Reconstruction Project, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
RESOLUTION NO. 125 -04
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE WHITE
STREET RECONSTRUCTION PROJECT —
21' TO 32 " STREET INCLUDING CERTAIN
INFORMATION REQUIRED BY THE CODE OF
IOWA, SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID INSTALLMENTS,
THE TIME WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE AND TO
PUBLISH NOTICE THEREOF
110 Regular Session, April 5, 2004
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the White Street
Reconstruction Project — 21" to 32 Street
under contract with Stewart Construction Co. of
Dubuque, Iowa, which final plat and schedule
were filed in the office of the City Clerk on the
31 day of March, 2004, the said schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the City
Treasurer, City Hall, 50 W. 13" Street, Dubuque,
Iowa, at any time within 30 days after the date of
the first publication of this notice of the filing of
the final schedule of assessments with the
County Treasurer. After 30 days, unpaid
assessments of $100.00 or more are payable in
10 annual installments at the County Treasurer's
Office, Dubuque County Courthouse, 720
Central, Dubuque, Iowa, and will draw annual
interest at nine (9) percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. Property
owners may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
WHITE STREET RECONSTRUCTION
PROJECT (21" Street to 32 Street)
FINAL SCHEDULE OF FINAL VALUATION
AND PROPOSED ASSESSMENTS
OWNER LOT DESCRIPTION
PARCEL NO. PAVING WATER
SEWER OWNER OWES
TOTAL ASSESSMENT
L.H. LANGWORTHY'S ADDN.
Stockel, Craig & Elaine N 37' S 46'; W '/2 41
10 -24- 208 -010 Paving $740.93; Owner Owes:
$740.93; Total Assessment: $740.93
Stockel, Craig & Elaine N 18'W %41 10 -24-
208 -101 Paving: $1,196.08; Owner Owes:
$1,196.08; Total Assessment: $1,196.08
Stockel, Craig & Elaine N 22'W ' /z- 40 10 -24-
208 -009 Paving: $555.41 Owner Owes:
$555.41; Total Assessment: $555.41
B & W Properties LC 2 1 N 58' W '/2 of Lot 39
10 -24- 208 -008 Paving: $321.08; Owner
Owes: $321.08; Total Assessment: $321.08
B & W Properties 1 1 N 58'W %2 of Lot 39 10-
24- 208 -007 Paving: $354.63; Owner Owes:
$354.63; Total Assessment: $354.63
Brown, Virgil & Patricia 2 N 58' W %2 - Lot 39
10 -24- 208 -006 Paving: $425.89; Assistance:
425.89; Owners Pay 0;
Total Assessment: $425.89
Stroh, Donald & Mary SW '/2-38 10- 24 -208-
005 Paving: $605.01; Owner Owes:
$605.01; Total Assessment: $605.01
French Market Estates LC N1 /2 W '/2 of Lot 38
10 -24- 208 -004 Paving:$602.79; Owner
Owes: $602.79; Total Assessment: $602.79
La Soya, Ikey J Jr. & Linda M. S %2 W '/r 37
10 -24- 208 -003 Paving: $600.57; Owner
Owes: $600.57; Total Assessment: $600.57
Firstar Bank Iowa NA N1 /2 -W1 /2 of Lot 37
10 -24- 208 -002 Paving: $598.37; Owner
Owes: $598.37; Total Assessment: $598.37
FAHA PLACE
Dbq Savings & Loan Ass. c/o MB Beitler W %1
10 -24- 208 -001 Paving: $2,463.61; Owner
Owes: $2463.61; Total: $2463.61
L.H. LANGWORTHY'S ADDN
Dbq Savings & Loan Ass. c/o MB Beitler N %2 W
%2 of Lot 36 10 -24- 208 -001
Gerhard, Curtis L. Lot 9A 10- 24 -207-
001 Paving $1,394.28; Owner Owes:
$1,394.28; Total Assessment: $1,394.28
Gerhard, Curtis L. Lot 3 -9 10 -24- 207 -002
Paving $ 740.35; Owner Owes $ 740.35;
Total Net Assessment: $740.35
White, Ronald R & Margie A. 4 -9 10- 24 -207-
003 Paving $1,092.38; Owner Owes:
$1,092.38; Total Net Assessment: $1,092.38
Regular Session, April 5, 2004 111
White, Ronald R. & Margie A. Lot 2 N 40' of Lot
10 10- 24- 207 -004 Paving: $594.30; Owner
Owes: $594.30;
Total Net Assessment: $594.30
Munson, James F. & Jane M. 2 -N. 40' -1010-
24- 207 -005 Paving: $349.15; Owner Owes:
$349.15; Total Net Assessment: $349.15
White, Ronald R. & Margie A. N 25' S 60' -10
except part; 10 -24- 207 -006 Paving: $586.52;
Owner Owes: $586.52;
Total Net Assessment: $586.52
White, Ronald R & Margie A S 35' S 60' - 10
except part; 10 -24- 207 -007 Paving$817.55;
Owner Owes: $817.55;
Total Net Assessment: $817.55
LeGrand, David & Tonya N 65'- 11 10 -24-
207 -008 Paving: $1,506.05; Owner Owes:
$1,506.05; Total Net Assessment: $1,506.05
Leslein, James M. & Mary J SM.30' -11 10-
24- 207 -009 Paving: $689.65; Owner Owes:
$689.65; Total Net Assessment: $689.65
Leslein, James M. & Mary J S 5' -11 10 -24-
207 -010 Paving: $959.86; Owner Owes:
$959.86; Total Net Assessment: $959.86
Ward, Eleanor M. NM 21' -12 10 -24- 207 -011
Paving: $477.34; Owner Owes: $477.34;
Total Net Assessment: $477.34
Leslein, Melvin J & Carmen Bal S 42' -12 10-
24- 207 -013 Paving: $949.49; Owner Owes:
$949.49 Total Assessment:$949.49
FIRST NATIONAL BANK - NORTH PLAZA
Liberty Bank FSB ALL 10- 24- 202 -013
Paving: $5,813.33; Owner Owes: $5,813.33
Total Assessment: $5,813.33
L.H. LANGWORTHY'S ADDN.
Eckstein, Kenneth & Judy N 34'W Y2 of Lot
31 10 -24- 202 -006 Paving: $756.12; Water:
$936.10; Sewer: 756.59; Owner Owes:
$2,448.81; Total Assessment: $2,448.81
Schroeder, Stanley F & Sybil W '/2 30 10 -24-
202 -005 Paving: $1,613.17 Water: $763.83
Sewer: $824.71; Owner Owes: $3,201.71;
Total Assessment: $3,201.71
Steinlage, Michael John W Yr29 10 -13-
202 -004 Paving: $1,613.17; Water:
$763.83; Sewer $779.29; Owner Owes:
$3,156.30; Total Assessment: $3,156.30
Kiefer, Richard J. & Carole L. S Y2 W1/2 -28
10 -24- 202 -003 Paving: $806.59; Sewer:
733.88; Assistance: 462.14; Owner Owes:
$1078.32; Total Assessment: $1,540.46
Habel, Ena Rae Lienne N/K/A Rae Lienne
Porter N '/2 W '/2 Lot 28 10 -24- 202 -002
Paving: 806.59; Water $685.33; Sewer
$733.88; Assistance $1,424.51; Owner Owes:
$801.28; Total Assessment $2,225.79
G & S Real Estate W Y2 of Lot 27 10- 24 -202-
001 Paving: $1,613.17; Sewer: $733.88;
Owner Owes, $2,347.05;
Total Assessment: $2,347.05
Simon, Kimberly L. W %2 -26 10 -13- 384 -008
Paving: $1,613.17; Sewer: $779.29; Owner
Owes:$2,392.47; Total Assessment: $2,392.47
Herman, Lloyd G & Rosemary W '/2-25 10 -13-
384 -007 Paving: $1,613.17; Sewer: $756.59
Assistance $2,369.76; Owner Owes: 0;
Total Assessment: $2,369.76
Kelleher, James J. & Helen M. S 33 - W '/2 24A
10 13 384 006 Paving: $831.82; Water:
763.83; Sewer: 756.59; Owner Owes:
$2,352.23; Total Assessment: $2,352.23
Sheldon, Lana M. S 7 Y2'- W Y2 Lot 23A & N31'
W Y2 Lot 24A 10 -13- 384 -005 Paving:
$970.46; Water: $763.83; Sewer: 756.59;
Owner Owes: $2,352.23;
Total Assessment: $2,352.23
Balvanz, Gerald E. & Patricia J. N. 56'6" W Y2 -
23A 10 -13- 384 -004 Paving: $1,424.07; Sewer:
$756.59; Owner Owes: $2,180.66;
Total Assessment: $2,180.66
Trausch, Forrest R. W '/z 22A 10 -13- 384 -003
Paving: $1,613.17; Water: $685.33; Sewer:
$756.59; Owner Owes: $3,055.09;
Total Assessment: $3,055.09
Dausener, Matthew J. & Vonvald, Jason J. W
Y :21A 10 -13- 384 -002 Paving: $1,613.17;
Water: $685.33; Sewer: $779.29; Owner
Owes: $3,077.80;
Total Assessment: $3,077.80
Pfeiler, Kenneth A& Janis K. W 70' -20A 10-
13- 384 -001 Paving: $1,518.90; Water:
737.66; Sewer: 756.59; Owner Owes:
$3,013.15; Total Assessment: $3,013.15
Plastic Center Inc. 2B 10 -24- 201 -006 Paving:
$1,676.01; Sewer: $688.46; Owner Owes:
$2,364.48; Total Assessment: $2,364.48
Coursey, Wayne M. & L. Eileen 1 -1 -4D 10 -24-
201 -005 Paving: 838.01; Water $733.88;
Owner Owes: $1,571.88;
Total Assessment: $1,571.88
Heitz, Bruce J. & Mary Lou 2-1-4D10-24-201-
004 Paving: $654.79; Water: $685.33; Sewer:
$620.34; Owner Owes: $1.960.46;
Total Assessment: $$1,960.46
Heitz, Bruce J & Mary Lou 2 -4D 10- 24- 201 -003
Paving: $1,021.22; Sewer: $665.75: Owner
Owes: $1,686.98; Total Assessment $1,686.98
Lyons, Ralph Darwin, 2 -1 -6F 10 -24- 201 -002
Paving: $759.45; Water. $1189.10 Sewer:
$665.75; Owner Owes, $2,614.30;
Total Assessment: $2,614.30
Kaltsas, George, # Y2 S Y2 - 8H 10 -24- 201 -001
Paving: $806.59; Water: $1,189.10; Sewer:
$665.75; Owner Owes: $2,661.44;
Total Assessment: $2,661.44
Engling Jeremy V. & Meyer, Shannon M., N %2 -
8 H 10 -24- 130 -017 Paving $806.59; Sewer:
$665.75; Owner Owes: $1,472.34;
Total Assessment: $1,472.34
Milligan, Thomas J & Cathleen M. E V2 S Y2 10J
112 Regular Session, April 5, 2004
10 -24- 130 -016 Paving $806.59 Water:
$1,189.10; Sewer: $643.05; Owner Owes:
$2,638.73; Total Assessment: $2,638.73
Unsen, Joseph A.& Diane L., N Yr10 "J" 10-
24- 130 -008 Paving $806.59; Sewer: $665.75;
Owner Owes: $1,472.34;
Total Assessment: $1,472.34
Steinlage, Mike a/k/a Michael J. Steinlage c/o
American Trust Bank, P.O. Box 938, Lot 12L
10 -24- 130 -007 Paving $1613.17; Water:
$1214.40; Sewer: $665.75: Owner Owes:
$3,493.33; Total Assessment: $3,493.33
Boll, Donald S. 2 -14N 10 -24- 130 -015 Paving
$1,613.17; Water: $1,214.49; Sewer:
$665.75; Owner Owes: $3,493.33
Total Assessment: $3,493.33
Stratton, Don L & Becky S. E'' /a S V2 S %- 16P
10 -24- 130 -014 Paving $605.01; Water
$1214.40; Sewer: $665.75; Owner Owes:
$2485.16; Total Assessment: $2485.16
MCSTAC Properties LLC N / S %- 16P 10 -24-
130 -004 Paving: $605.01 Owner Owes:
$605.01; Total Assessment: $605.01
Behrens, Bemita J. E' /I N 1 4-161 3 10- 24 -130-
013 Paving: $1,209.74; Sewer: $665.75:
Owner Owes: $1,875.50;
Total Assessment: $1,875.50
Keuter, Delbert C. E %: N Yr 18 10- 24 -130-
012 Paving: $982.93; Owner Owes:
$982.93; Total Assessment: $982.93
Reed, Lyle & Dorothy M. N 25' E %: - S1/2 -
19 10 -13- 383 -014 Paving $705.94; Water:
$1,189.10; Sewer: $756.59; Assistance
Given: $2,651.62; Owner Owes: 0;
Total Assessment: $2,651.62
Kies, Paul J. N 29' E %z N Y2 19 10- 13 -383-
013 Paving: $919.99; Water: $1,189.10;
Sewer: $711.17; Assistance Given:
$2,820.26; Owner Owes: 0;
Total Assessment: $2,820.26
Tuecke, Donald & Pamela J. N24'6" E % S '/2 -
20 10 -13- 383 -012 Paving: $617.49 Water
$1,189.10; Sewer $802.00; Owner Owes:
$2,608.59; Total Assessment $2,608.59
Valentine Properties E '/z N %: - 20 10 -13-
383 -011 Paving: $806.59; Sewer: $711.17;
Owner Owes: $1,517.76;
Total Assessment: $1,517.76
Swift, Thomas P. 11 & Krohnswift, June M. E
S %: of Lot 21 10 -13- 383 -010 Paving
$806.59; Water: $1,189.10; Sewer: $733.88;
Owner Owes: $2,729.56;
Total Assessment: $2,729.56
Smothers, Patricia & Frederick J. N % - 21
10 -13- 383 -004 Paving: $806.59Assistance:
$354.90;Owner Owes: $451.69;
Total Assessment: $806.59
Heartland Housing Initiative S Bal - 1 Lot 22
10 -13- 383 -003 Paving: $761.11; Sewer:
$824.71; Owner Owes: $1,585.82;
Total Assessment: $1,585.82
Fahey, Paul 2 -2 -22 10 -13- 383 -009 Paving:
$569.52; Water: $1,163.80; Sewer:
$711.17; Owner Owes: $2,444.49;
Total Assessment: $2,444.49
Beecher Co. Inc. W 80' OF N %z, E 80' of N
%, & S Ys Lot 23. W 91 '/z of N. 62'W80' of
S 2' 10 -13- 383 -001 Paving: $3,241.70;
Owner Owes: $3,241.70;
Total Assessment: $3,241.70
NEW JACKSON SUB.
Schmitt, Alfred A & Virginia A. 12 10 -13-
379 -013 Paving: $704.00; Water: $685.33;
Sewer: $586.28; Owner Owes: $1,975.60;
Total Assessment $1,975.60
Graham, John E. Lot 11 10 -13- 379 -012
Paving $648.54; Sewer: $620.34; Owner
Owes: $1,268.88;
Total Assessment $1,268.88
Andersen, Jennifer Lot 10 10 -13- 379 -011
Paving $648.54; Water: $659.16; Sewer:
$552.21; Assistance: $669.57; Owner Owes:
$1,190.35; Total Assessment: $1,859.92
Rhone, Stacy L. 9 10 -13- 379 -010 Paving:
$648.54; Water: $685.33; Sewer: $597.63;
Assistance: $1,931.50; Owner Owes: 0.
Total Assessment: $1,931.50
Conley, Mary E. Lot 8 10 -13- 379 -009
Paving: $648.54; Water: $685.33; Owner
Owes: $1,333.87;
Total Assessment: $1,333.87
Cross, Dennis C. & Kendra S. Lot 7 10 -13-
379 -008 Paving: $684.86; Water: $685.33;
Owner Owes: $1,370.19;
Total Assessment: $1,370.19
L.H. LANGWORTHY'S ADDN.
Shannon, Terrance a/k/a Terry & Koehler,
Patricia W. 86.75' of Lot 185 10 -13- 379 -007
Paving: $1,556.61; Water: $685.33; Sewer:
$654.40; Owner Owes: $2,896.34; Total
Assessment: $2,896.34
Menadue, Joseph R. & Rita M. W. 867 184
10 -13- 379 -006 Paving: $1,556.61; Sewer:
$756.59; Owner Owes: $2,313.20; Total
Assessment: $2,313.20
Hoskins, Earl H. & Mary L. S 40' W 86.9' 183
10 -13- 379 -005 Paving: $1,141.53; Water:
$1,056.63; Sewer: $733.88; Assistance:
$762.33; Owner Owes: $2,169.71;
Total Assessment: $2,932.04
Hirsch, Janet M. N 16'N 20'W 86.9' 183 10-
13- 379 -004 Paving: $1,971.69; Water:
$632.99; Sewer: $654.40; Owner Owes:
$3,259.08; Total Assessment: $3,259.08
Williams, Christopher A. W '/2 Lot 181 10 -13-
379 -003 Paving: $1,556.61; Sewer:
$722.52; Assistance: $1,777.72; Owner
Owes: $501.41;Total Assessment: $2,279.13
OLINGER SUB
Mueller, Robert & Sharon E LY 34' of Lot 5
10 -13- 379 -001 Paving $1,619.83; Sewer:
$620.34; Owner Owes: $2240.27;
Total Assessment: $2,240.17
Session, April 5, 2004
Strickland, Betty J. 4 10 -13- 379 -002 Paving:
$812.41; Sewer: $620.34; Total Assistance:
$1,203.51; Owner Owes: $229.24;
Total Assessment: $1,432.75
FRANK FOSSELMAN'S SUB
Lyons, Carole L. 10 10 -13- 378 -016
Paving: $1,193.38; Sewer: $597.63; Total
Assistance: $1,038.79; Owner Owes:
$752.22; Total Assessment: $1,791.01
Scherr, Jason & Heather Lot 9 10- 13 -378-
015 Paving: $649.10: Owner Owes:
$649.10; Total Assessment: $649.10
Haggerty, Daniel M & Cheryl K Lot 8 10 -13-
378 -014 Paving: $421.18; Owner Owes:
$421.18; Total Assessment: $421.18
Lange, Nathaniel J. N40' Lot 11 10- 13 -378-
017 Paving: $1,429.62; Water: $999.36;
Sewer: $529.51; Owner Owes: $2,958.49;
Total Assessment: $2,958.49
Valentine, Jeff S. N 23' Lot 12 & S. 20' Lot 11
10 -13- 378 -018 Paving: $1,429.62; Sewer:
$643.05; Owner Owes: $2,072.67;
Total Assessment: $2,072.67
Callahan, Curt M & Lu Ann S 37' Lot 12 & N.
6' Lot 13 10 -13- 378 -019 Paving: $1,429.62;
Water: $1,037.30; Sewer: $643.05; Owner
Owes: $3,109.97.
Total Assessment: $3,109.97
Francois, Roger P & Grobstick, Mary F. Lot 14
& S 11' of Lot 13 10 -13- 378 -021 Paving:
$909.46; Water: $1,037.30; Sewer: $597.63;
Total Assistance, $2,544.39; Owner Owes:O;
Total Assessment: $2,544.39
Larkner, Thomas E. 67'W. 75' -2 Lot 172 10-
13- 378 -022 Paving: $1,631.75; Water:
$999.36; Sewer: 552.21; Owner Owes:
$3,183.33; Total Assessment: $3,183.33
Sheth, Kathleen L. N. Y: Lot 2 - 171 10 -13-
378 -023 Paving: $648.26; Owner Owes:
$648.26; Total Assessment: $648.26
EDWARD ESLINGER PLACE
Marc, Gerald F. & Janelda R. S'' /2 2 of 171,
Lot 1 -2 -1 -171 10 -13- 378 -024 Paving:
$648.26; Sewer: $552.21; Owner Owes:
$1,200.48; Total Assessment: $1,200.48
L.H. LANGWORTHY'S ADD
Markward, Randy & Martha 2 -2 -1 of Lot 171
10 -13- 378 -028 Paving: $1,891.00; Owner
Owes: $1,891.00;Total Assessment: $1,891.00
DAVIS FARM ADD.
Faith Evangelical United Brethren Church Lot
225 10 -13- 334 -022 Paving: $1,552.73:
Owner Owes: $1,552.73;
Total Assessment: $1,552.73
Zirkelbach, Sandra 2 -1 -1 -224 10 -13- 334 -021
Paving: $458.89; Sewer: $767.94; Total
Assistance: $981.46; Owner Owes: $245.37;
Total Assessment: $1,226.83
DeMuth, David J. Lot 1 -1 -1 -224 10 -13- 334 -020
Paving: $416.46; Sewer: $529.51; Total
Assistance: $737.86; Owner Owes: $208.11;
Total Assessment: 945.97
113
McAllister, Rita & Sharon R. 1 -1- 223 -2 -1 -224
10 -13- 334 -019 Paving: $212.39; Sewer:
$711.17; Total Assistance $443.31; Owner
Owes: $480.25; Total Assessment: $923.56
Beecher, Richard L. Lot 2 of 224 & Lot 2 -223
10 -13- 334 -018 Paving: $1937.03; Sewer:
$597.63; Owner Owes: $2534.66;
Total Assessment: $2534.66
Blaser, David & Irene Lot 2 -1 of 223 10 -13-
334 -018 Paving: $94.83; Sewer: $733.88;
Owner Owes: $828.70;
Total Assessment: $828.70
Meyers, Mary K. S '/2 -222 10 -13- 334 -016
Paving: $776.36; Sewer: $586.29; Total
Assistance $953.85; Owner Owes: $408.79;
Total Assessment: $1,362.64
North, Justin & Kirby, Angella N %x222 10 -13-
334 -015 Paving: $776.36; Sewer: $779.29;
Owner Owes: $1,555.66;
Total Assessment: $1,555.66
Wirzbach, Michael R. Lot 221 10 -13- 334 -014
Paving: $1,552.73; Sewer: $688.46; Total
Assistance: $2,241.19; Owner Owes: 0;
Total Assessment $2,241.19
Hennings, Daniel J & Rector, Laura L. Lot 220
10 -13- 334 -013 Paving: $1,552.73; Sewer:
$802.00; Owner Owes: $2,354.73;
Total Assessment: $2,354.73
David, William R. & Jayne L. Lot 1 -1 & 2 -2 -1 all
in 218 & 219 10 -13- 334 -012 Paving: $807.97;
Sewer: $665.75; Owner Owes: $1,473.73;
Total Assessment: $1,473.73
Mihalakis, Michelle Lot 2 & Lot 1 -2 both of the
Sub of 218 and 219 10 -13- 334 -011 Paving:
$1,206.42; Sewer; $722.52; Owner Owes:
$1,928.94; Total Assessment: $1,928.94
Bahl, Ronald J. & Roxanne M. Lot 3 of Lot 218 &
Lot 219 10 -13- 334 -010 Paving: $1,036.72;
Sewer: $756.59; Owner Owes: $1,793.31;
Total Assessment: $1,793.31
Rogers, Eric M. Lot 4 of 218 & 219 10- 13 -334-
009 Paving: $1,036.72; Sewer: $756.59;
Owner Owes: $1,793.31;
Total Assessment: $1,793.31
Jeffries, Kathleen M. S 40'217 10 -13- 334 -008
Paving Assess: $1035.06; Sewer: $802.00;
Owner Owes: $1,837.06;
Total Assessment: $1,837.06
Buelow, Michael J. c/o Thomas Buelow N 20' of
Lot 217 10 -13 -334 -007 Paving: $1,035.34;
Sewer: $665.75; Owner Owes: $1,701.09;
Total Assessment: $1,701.09
Rogers, Colleen M. & Robert P. S. 40' Lot 215
& N. 40' Lot 216 10 -13- 334 -006 Paving:
$1,035.06; Sewer: $608.98; Owner Owes:
$1,644.04; Total Assess: $1,644.04
Erickson, Kevin R. & Lisa J. Lot 1 S 1/3 Lot 214
Lot 1 -1 N 1/3 Lot 215 & Lot 2 -2 N 1/3 Lot 215
All 10 -13- 334 -005 Paving: $1,035.06; Sewer:
$620.34; Owner Owes: $1,655.40;
Total Assessment: $1,655.40.
Then, Richard Lot 2 -S 1/3 Lot 214, Lot 2 -1 N
114 Regular Session, April 5, 2004
113 Lot 215, Lot 1 -2 -N 1/3 Lot 215 10 -13-
334 -004 Paving: $923.87; Sewer: $608.98;
Owner Owes: $1532.86;
Total Assessment: $1532.86
Heartland Housing Initiative N 2/3 of Lot 214
10 -13- 334 -003 Paving: $1,035.06; Sewer:
$643.05; Owner Owes: $1,678.11;
Total Assessment: $1,678.11
EDWARD ESLINGER PLACE
Lampe, Philip N. & Linda J. 2 10 -13- 334 -001
Paving: $1,557.17; Owner Owes: $1,557.17;
Total Assessment: $1,557.17
DAVIS FARM ADDN.
Vaske, Donna M. Lot 2 -1 of 238 10 -13- 376 -005
Paving: $776.36; Sewer: $756.59; Owner
Owes: $1,532.95;
Total Assessment: $1,532.95
Holdridge, Roger G. 1 -1 -239 10 -13- 376 -006
Paving: $776.36;Sewer: $597.63;
Total Assistance: $1,373.99; Owner Owes: 0;
Total Assessment: $1,373.99
Roeth, Larry F. & Doris A. 2 -1 -237 10- 13 -376-
007 Paving: $776.36; Sewer: $552.21; Total
Assistance: $1,195.71; Owner Owes:
$132.87; Total Assessment $1,328.58
Rodasta, Tamara 1 -1 -237 10 -13- 376 -008
Paving Assess: $776.36; Sewer: $620.34;
Total Assistance: $1,145.29; Owner Owes:
$251.41; Total Assessment: $1,396.70
Dubuque Community School Dis. N %: or Lot
236 10 -13- 376 -009 Paving: $776.36: Owner
Owes: $776.36; Total Assessment: $776.36
Dubuque Community School Dis. S %= of Lot
236 10 -13- 376 -010 Paving: $11,983.01;
Sewer: $574.92 Owner Owes: $12,557.94;
Total Assessment: $12,557.94
Dubuque Community School District Lot 2 S 32
52' of Lot 229 10 -3- 376 -015 Paving:
$1,457.35; Owner Owes: $1,457.35;
Total Assessment: $1,457.35
Then, Laurette G & Richard 1 -2 -228 10 -13-
376 -016 Paving: $903.63; Sewer: $779.29;
Owner Owes: $1,682.93;
Total Assessment: $1,682.93
Fondell, Richard A. & Mary E. 2N 35'W 170' of
Lot 227 10 -13- 376 -017 Paving: $862.32;
Water: $1,037.30; Sewer: $824.71; Owner
Owes:$2,724.33;Total Assessment: $2,724.33
Mueller, Robert E. & Sharon M. S 25-227 10-
13- 376 -018 Paving: $1,542.19; Sewer:
$552.21; Owner Owes: $2,094.41;
Total Assessment: $2,094.41
Mueller, Robert E. & Sharon M. S 25.6'226 10-
13- 376 -019 Paving: $662.41; Sewer:
$707.31; Owner Owes: $1,369.71;
Total Assessment: $1,369.71
Stackis, Theodore J. W. 30' E 100' 376
10 -13- 329 -013 Paving: $128.65; Sewer:
597.63; Owner Owes: $726.29;
Total Assessment: $726.29
Edwards, Nancy A. W. 70' of Lot 376 10 -13-
329 -012 Paving: $1,671.96; Sewer: $688.46;
Total Assistance $849.75; Owner Owes:
$1,510.67; Total Assessments: 2,360.42
Dubuque Bank and Trust I W.80' of Lot 375 10-
13- 329 -011 Paving: $1,268.80; Sewer:
$620.34; Owner Owes: $1,889.14;
Total Assessment. $1,889.14
Gauer, Larry C. & Karen S. Memo of Contract
c/o M. Wagner S 36' of # 170' Lot 374 10 -13-
329 -010 Paving: $931.64; Sewer: $620.34;
Owner Owes: $1,551.98;
Total Net Assessment: $1,551.98
Meyer, Jerome J. & Anita N 24'374 10- 13 -329-
009 Paving: $621.09; Sewer: $733.88; Owner
Owes: $1,354.97;Total Assessment: $1,354.97
Tricarico, Michael E. & Joyce M. S. 36'E. 170
of Lot 373 10 -13- 329 -008 Paving: $931.64;
Sewer: $574.92; Owner Owes: $1,506.56;
Total Assessment: $1,506.56
Plain, Michael R. & Mary C. N 24'E 170' of Lot
373; 10 -13- 329 -007 Paving: $621.09; Sewer:
$529.51; Owner Owes: $1,150.60;
Total Assessment: $1,150.60
Zimmerman, William H & Linda L. Lots 1 & 2 of
Sub of 2 -372 10 -13- 329 -006 Paving:
$1,524.45; Sewer: $631.69; Owner Owes:
$2,156.14; Total Assessment: $2,156.14
Cole, Eliza J. W. 85'E. 170 of Lot 370; 10 -13-
329 -004 Paving: $1,552.73; Sewer: $688.46;
Total Assistance: $1,075.77; Owner Owes,
1,165.42; Total Assessment: $2,241.19
Stuart, Matthew G. Jr. W. 83.6' E. 170' 371 10-
13- 329 -005 Paving: $1,540.81; Water:
$632.99; Sewer: $653.57; Owner Owes:
$2,737.36; Total Assessment: $2,737.36
Schwartz, Ellis W. 79'6" E 170'369 10- 13 -329-
003 Paving: $1,508.09; Owner Owes:
$1,508.09; Total Assessment: $1,508.09
Beyer, Paul C. W. 85' of Lot 368 10- 13 -329-
002 Paving: $1,552.73; Sewer: $574.92;
Owner Owes: $2,127.65;
Total Assessment: $2,127.65
Plie, Ronald R. & William R. (und' /s) E 170'
367 10 -13- 329 -001 Paving: $1,552.73; Sewer:
$620.34; Total assistance: $2,173.07; Owner
Owes: 0; Total Assessment: $2,173.07
B & G Roofing & Sheet Metal Co. 2 W 170 of Lot
276 10 -13- 328 -001 $776.36; Sewer: $688.46;
Owner Owes: $1,464.83;
Total Assessment: $1,464.83
B & G Roofing & Sheet Metal Co. 1- W.170' of
Lot 276 10 -13- 328 -002 Paving: $776.36;
Water: $834.90; Sewer: $688.46; Owner
Owes; $2,299.73;Total Assessment: $2,299.73
Then, Richard H. Estate N 28'275 10- 13 -328-
003 Paving: $724.51; Sewer: $563.57;
Owner Owes:$1,288.08;
Total Assessment: $1,288.08
Rubel, James L. & Doris M., S 32'275 10 -13-
328 -004 Paving: $828.21: Owner Owes:
$828.21; Total Assessment: $828.21
Atkinson, Todd F. & Sandra M. & Terry L. E'' /3
Regular Session, April 5, 2004 115
N %: of Lot 274 10 -13 -328 -019 Paving:
$776.36; Water: $834.90; Sewer: $620.34;
Owner Owes: 2,231.60;
Total Assessment: $2,231.60
Cashman, Cletus F. & Sally E. 85'S/2 of Lot
274 10 -13- 328 -020 Paving: $776.36; Sewer;
$620.34; Total Assistance: $558.68; Owner
Owes: $838.02; Total Assessment: $1,396.70
Lange Family Trust E Y2 N % 273 10- 13 -328-
021 Paving: $1,552.73; Sewer: $586.28;
Owner Owes: $2,139.01;
Total Assessment: $2,139.01
Pickel, Robin R & Linda L. N % E %: 272 10 -13-
328 -022 Paving: $776.36: Sewer: $763.40;
Owner Owes: $1539.76;
Total Assessment: $1539.76
White, Margie A. S'' /3 E %272 10 -13- 328 -023
Paving: $776.36; Sewer: $717.98; Owner
Owes: $1,494.35;
Total Assessment: $1,494.35
Klauer, Robert D. & Livjia N '' /z E % 271 10 -13-
328 -024 Paving: $776.36; Sewer: $763.40;
Owner Owes: $1,539.76;
Total Assessment: $1,539.76
McConnell, Steven L. & Karen M. S %: E %z 271
10 -13- 328 -025 Paving: $776.36; Sewer:
$649.86;Total Assistance: $285.24; Owner
Owes: $1,140.98;
Total Assessment: $1,426.22
McConnell, Steven L. & Karen M. E % N/2 270
10 -13- 328 -026 Paving: $776.36; Assistance:
$155.27; Owner Owes: $621.09;
Total Assessment: $776.36
Dunk, Richard L. S %z of Lot 270 10- 13 -328-
014 Paving: $776.36: Sewer: $597.63:
Owner Owes: $1,373.99;
Total Assessment: $1,373.99
Copeland, Kenneth N %x269 10 -13- 328 -015
Paving: $776.36; Sewer: $563.57;Total
Assistance: $294.78; Owner Owes:
$1,045.15; Total Assessment: $1,339.93
White, Ronald R. S %: - 269 10 -13- 328 -016
Paving: $776.36; Sewer: $643.05; Owner
Owes: $1,419.41;
Total Assessment: $1,419.41
White, Margie A. E 101.6-268 10 -13- 328 -027
Paving: $1,552.73; Sewer: $552.21; Owner
Owes: $2,104.94;
Total Assessment: $2,104.94
Arensdorf, William F. at al Lot 1 of 267 & Lot 2-
2 of 267 10 -13- 328 -028 Paving: $1,535.54;
Sewer: $506.80; Owner Owes: $2,042.34;
Total Assessment: $2,042.34
Walleser, David A. & Lori W., W. 85'2 - 277
10 -13- 308 -013 Paving: $828.21; Sewer:
$711.17; Total Assistance: $862.05 Owner
Owes: $677.33; Total Assessment: $1,539.38
Cook, Donald R. & Edith A. 2 -1 -W. 170' of Lot
278 10 -13- 308 -012 Paving: $724.51; Sewer:
$620.34; Owner Owes: $1,344.85;
Total Assessment: $1,344.85
Jones, James C. Jr. & Shirley A. 1 -W 170'278
10 -13- 308 -010 Paving: $750.58; Sewer:
$620.34; Total Assistance: $383.86; Owner
Owes: $987.06; Total Assessment: $1,370.92
Schmitt, Eugene F. Jr. & Patricia R. 2 -W 170
278 10 -13- 308 -009 Paving: $805.76; Sewer:
$620.34; Total Assistance: $1,197.92; Owner
Owes: $228.17; Total Assessment: $1,426.09
Kaune, David M. W. 170' -279 10 -13- 308 -008
Paving: $1,552.73; Sidewalk: $203.07;
Sewer: $597.63; Owner Owes: $2,353.43;
Total Assessment: $2,353.43
Schromen, Eldon L. & Mildred W. 170'280 10-
13- 308 -007 Paving: $1,552.73; Sidewalk:
$68.31; Sewer: $665.75; Total Assistance:
$1,819.15; Owner Owes: $467.64;
Total Assessment: $2,286.79
Weiner, Joseph J. & Catalina C. S %: W 170'
281 10 -13 -308 -006 Paving: $776.36; Sewer:
$529.51; Owner Owes: $1,305.87
Total Assessment: $1,305.87
O'Brien, Raymond C. & Mary N'' /2 W 170' -281
10 -13- 308 -005 Paving $776.36 Sewer:
$461.38; Owner Owes: $1,237.75;
Total Assessment: $1,237.75
Boothby, Linda & Puckett, Robert R. W. 170' of
Lot 2 of Lot 282 10 -13- 308 -004 Paving:
$1,164.55; Owner Owes: $1,164.55;
Total Assessment: $1,164.55
Jaeger, Theodore L. & Agnese L. W. 170'-l-
282 10 -13- 308 -003 Paving: $1,164.55
Sewer: $643.05; Owner Owes: $1,807.59;
Total Assessment: $1,807.89
Clancy, Charles & Grace R. W. 170' N % of Lot
283 10 -13- 308 -002 Paving: $776.36; Sewer:
$665.75; Total Assistance: $576.84; Owner
Owes: $865.28;
Total Assessment: $1,442.12
Robey, Delbert R. W. 170 -284 10 -13- 308 -001
Paving: $1,552.73; Sewer: $620.34; Total
Assistance: $1,390.76; Owner Owes:
$782.31; Total Assessment: $2,173.07
Ansel, Charles M. & Linda A. W. 170' of Lot 285
10 -13- 161 -002 Paving: $1,552.73; Sewer:
$756.59; Owner Owes: $2,309.31;
Total Assessment: $2,309.31
Tschiggfrie, Dorothea E. W. 170' -286 10 -13-
161 -001 Paving: $1,552.73; Sewer: $665.75;
Owner Owes: $2,218.48;
Total Assessment: $2,218.48
Coyle, Raymond A & Patricia L. 2 E 70'W 80'-
357 10 -13- 162 -001 Paving: $1,183.40;
Sewer: $733.88; Total Assistance: $996.99;
Owner Owes: $920.29;
Total Assessment: $1,917.28
Lindecker, Gene J. & Mary L. 1 E 70'W 80' -357
10 -13- 162 -002 Paving: $715.36; Sewer:
$733.88; Total Assistance: $1,188.38;
Owner Owes: $260.86;
Total Assessment: $1,449.24
Laird, Wayne W. 80' E. 170'S 40'- 358 10 -13-
162 -003 Paving: $1,008.16; Water: 632.99;
Sewer: $597.63; Owner Owes: $2,238.79;
116 Regular Session, April 5, 2004
Total Assessment: $2,238.79
Bisdorf, Michael P. Teri L. W 80'N 32' E 170'
359 10 -13- 162 -004 Paving: $1,512.25;
Sewer: 733.88; Owner Owes: $2,246.12;
Total Assessment: $2,246.12;
Herring, Toby J. & Correll, Amber M. E. 170'
Lot 360 10 -13- 162 -010 Paving: $1,552.73;
Sewer: $688.46; Owner Owes: $2,241.19;
Total Assessment: $2,241.19
Niday, Robert H. E 170'361 10 -13- 309 -001
Paving: $1,552.73 Sewer: $688.46; Total
Assistance: $1,434.36; Owner Owes:
$806.83; Total Assessment: $2,241.19
Riesing, Lester & Rosemary A. 1 E 170' -362
10 -13- 309 -002 Paving: $1,552.73; Sewer:
$677.11; Owner Owes: $2,229.84;
Total Assessment: $2,229.84
Bigelow, David Eldon, W 85 E 170' of Lot 363
10 -13- 309 -003 Paving: $1,552.73; Sewer:
$699.82; Owner Owes: $2,252.54;
Total Assessment: $2,252.54
Lentner, Thomas R. E 170'364 10 -13- 309 -006
Paving: $1,552.73: Sewer: $677.11; Owner
Owes: $2,229.84;
Total Assessment: $2,229.84
Kopp, Kristine E 90' N 50.4' E 170' Lot 365 N
14'W 80'E 170' Lot 365 & Lot 2 -2 SE 46'W
10 -13- 309 -009 Paving: $376.26; Sewer:
$665.75; Owner Owes: $1,042.01;
Total Assessment: $1,042.01
Duggan, Mildred F. Lots 1 & 2 of Sub of 1 -S 46'
- W 80' E 170' of 365 & Lot 1 of W. 80' E 170'
of Lot 366 10 -13- 309 -007 Paving: $1,868.27;
Sewer: 665.75: Total Assistance: $2,534.02;
Owner Owes: 0; Total Assessment: $2,534.02
Bartlett, Ruth, Lot 1 -2 S 46'W 80'E. 170'
Lot ? ?? 10 -13- 309 -008 Paving: $780.25;
Sewer: $529.51; Total Assistance: $1,309.75;
Owner Owes: 0; Total Assessment: $1,309.75
PAUL TRAUTS SUB
Buelow, Norman M. & Beulah R. 1 E 25' -5 10-
13- 157 -008 Paving: $1,328.14; Sewer:
$711.17; Owner Owes: $2,039.31;
Total Assessment: $2,039.31
Miller, Kevin A & Kelly J. Lot 4 10 -13- 157 -009
Paving: $876.18; Sewer: $620.34; Owner
Owes:$1,496.52;Totat Assessment: $1,496.52
Hopper, Dorothy A. E. 170'354 10 -13- 157 -007
Paving: $3,231.61; Sidewalk: $1,540.55;
Owner Owes: $4,772.17;
Total Assessment: $4,772.17
DAVIS FARM ADDN
Hopper, Dorothy A. W 85' E 170' 352 10 -13-
157 -006 Paving: $2,813.39; Sidewalk:
$1,178.63; Deficiency Assessment: $586.08;
Owner Owes: $3,992.02;
Total Assessment: $3,992.02
Richard, Daniel W. 85' S' /] E 170' -350 10-
13- 157 -005 Paving: $776.36; Water:
$632.50; Sewer: $176.84; Owner Owes:
$1,585.70; Total Assessment: $1,585.70
McKenna, Carole Marie & Fitzgerald, Daniel W
N V2 E 170'- 350 10 -13- 157 -004 Paving:
$776.36; Sewer: $597.63; Owner Owes:
$1,373.99; Total Assessment: $1,373.99
Lyle, Robin M. 1 W 170'292 10 -13- 156 -020
Paving: $1,552.73; Water: $885.50; Sewer:
$529.51; Total Assistance: $1,424.52; Owner
Owes: $1,543.22;Total Assessment: $2,967.74
Maus, Richard A. & Neva M. N'' /l W 170' -291
10 -13- 156 -008 Paving: $776.36: Sewer:
$938.25; Owner Owes: $1,714.61;
Total Assessment: $1,714.61
Zweibohmer, Gregory F. & Mary Lou S Y: W
170' - 291 10 -13- 156 -009 Paving: $776.36;
Sewer: $802.00; Owner Owes: $1,578.37;
Total Assessment: $1,578.37
Sarris, Elias S. 2 W 170' 290 10 -13- 156 -010
Paving: $646.88; Sewer: $665.75; Owner
Owes: $1,312.63;
Total Assessment: $1,312.63
Wagner, Edwin W & Billie J. 2 1 W 170'290
10 -13- 156 -021 Paving: $905.85; Sewer:
$665.75; Owner Owes: $1,571.60;
Total Assessment: $1,571.60
Noel, Eveline & Marcella N 30'E 85'W 170'
289 10 13 156 022 Paving: $776.36;
Sewer: $643.05; Owner Owes: $1,419.41;
Total Assessment: $1,419.41
Brotzman, Leslie J. & Amy J. S 30'E 85'W 170'
Lot 289 10 -13- 156 -023 Paving: 776.36;
Sewer: $711.17; Owner Owes: $1,487.53;
Total Assessment: $1,487.53
Bleile, Joseph F. & Janet G. N. %: W. 170' of Lot
288 10 -13- 156 -013 Paving: $776.36; Sewer:
$643.05; Owner Owes: $1,419.41;
Total Assessment: $1,419.41
Tittle, Robert G. & Mary L. S %: W. 170'288
10- 13- 156 -014 Paving: $776.36; Sewer:
$643.05; Owner Owes: $1,419.41;
Total Assessment: $1,419.41
Puls, Merlin P. E. 86'W 170'287 10- 13 -156-
024 Paving: $1,552.73; Sewer: $733.88;
Owner Owes: $2,286.61;
Total Assessment: $2,286.61
Revelle, Robert W. & Patricia S' /l E 170'349
10 -13- 157 -003 Paving: $776.36; Sewer:
$665.75; Owner Owes: $1,442.12;
Total Assessment: $1,442.12
Kass, Nicholas J. & Pacina, Albert A. W 85'N '/:
E 170'349 10 -13- 157 -002 Paving:
$1,294.03; Sewer: $711.17; Owner Owes:
$2,005.20; Total Assessment: $2,005.20
Schmitt, John G. N 40'W 85'E 170'348 10-
13- 157 -001 Paving: $2,587.79; Sewer:
$802.00; Owner Owes: $3,389.79;
Total Assessment: $3,389.79
Hohmann, Ray J. & Dorothy 2 -2 -W 170' Lot
296 10 -13- 156 -016 Paving: $1,429.50;
Sewer: $756.59; Total Assistance: $918.33;
Owner Owes: $1,268.15;
Total Assessment: $2,186.48
Brimeyer, Douglas R. E % S 58'W 170' Lot 295
10 -13- 156 -017 Paving: $1,500.88; Water:
Regular Session, April 5, 2004 117
$885.50; Sewer: $711.17; Owner Owes:
$3,097.55; Total Assessment: $3,097.55
Johnson, Keith A. & Tracy L. W. 80' E' /2 294
10- 13- 156 -018 Paving: $1,512.25; Water:
$885.50; Sewer: $779.29; Owner Owes:
$3,177.04; Total Assessment: $3,177.04
Jackson, Jeffery Alan, E 80'W 170'293 10 -13-
156 -019 Paving: $1,512.25; Water: $885.50;
Sewer: $779.29; Owner Owes: $3,177.04;
Total Assessment: $3,177.04
Muntz, Scott A & Michelle W. 85' E 170'346
10- 13- 153 -019 Paving: $1,552.73; Water:
$816.17; Sewer: $620.34; Owner Owes:
$2,989.24; Total Assessment: $2,989.24
Shaffer, James D. & Rosalie E. 2 E 170 345
10 -13- 153 -018 Paving: $666.01; Sewer:
$586.28; Owner Owes: $1,252.29;
Total Assessment: $1,252.29
Shaffer, Scott W. & Shanette, 1 E 170' 345 10-
13- 153 -017 Paving: $886.72; Sewer:
$586.28; Owner Owes: $1,473.00;
Total Assessment: $1,473.00
Schueller, Richard L. & Stierman, Julie Ann E
170'344 10- 13- 153 -016 Paving: $1,552.73;
Sewer: $688.46; Total Assistance: $2,196.37;
Owner Owes: $44.82;
Total Assessment: $2,241.19
Griesinger, Kevin C. Bonnie L. E 170' of S 45'
of Lot 343 10 -13- 153 -015 Paving: $1,164.55:
Sewer: $688.46; Owner Owes: $1,853.01;
Total Assessment: $1,853.01
Pfeiffer, Ernest A. Jr. & Linda L. N 15' E 170'
343 10- 13- 153 -014 Paving: $646.88; Sewer:
$824.71; Owner Owes: $1,471.59;
Total Assessment: $1,471.59
Petsch, Charles A. & Brenda K. S 25'N 50'E
170' 342 10- 13- 153 -013 Paving: $646.88;
Sewer: $711.17; Assistance: $325.93; Owner
Owes; $1,032.12;Total Assessment: $1,358.05
Oberfoell, Dona N 25'N 50'E 170'342 10 -13-
153 -012 Paving: $646.88; Sewer: $756,58;
Owner Owes: $1,403.46;
Total Assessment: $1,403.46
LEO EISBACH PLACE
Hildebrand, Joyce 2 10- 13- 153 -007
Paving: $1,469.55; Sewer: $756.59; Total
Assistance: $667.84;Owner Owes: $1,558.29;
Total Assessment: $2,226.13
Maddalozzo, Aldo V.& Beulah M. 2 -1 10 -13-
153 -006 Paving: $1260.76; Sewer: $756.59;
Owner Owes: $2,017.35;
Total Assessment: $2,017.35
DAVIS FARM ADD.
Kohn, Randy J. & Laura L. 2 S'' /Y E 170 339 &
N 10' E 170 of 340 Davis Farm Add. 10 -13-
153 -005 Paving: $990.97; Sewer: $870.12;
Total Assistance $1265.54; Owner Owes:
$595.56; Total Assessment: $1,861.10
Haslauer, Marius & Edina N 112 E 170' 339 10-
13- 153 -004 Paving:$776.36; Sewer: $733.88;
Owner Owes: $1,510.24;
Total Assessment: $1,510.24
Garvey, Earl J & Betty J W 80'E 170' of Lot
338 10 -13- 153 -003 Paving: $1,512.25; Sewer:
$643.05; Owner Owes: $2,155.29;
Total Assessment: $2,155.29
Schultz, Lawrence H. & Marie J. 2 2 E 170'337
10 -13- 153 -001 Paving: $1,179.52; Owner
Owes: $1,179.52;Total Assessment: $1,179.52
Jennings, Michael & Anita 1 -2 E 170' of Lot 337
10 -13- 153 -002 Paving: $373.21; Owner Owes:
$373.21; Total Assessment: $373.21
Young, Catherine Angeline E. Bal. W 170'306
10 -13- 152 -015 Paving: $1,552.73; Water:
$1,012.00; Sewer: $688.46; Total Assistance:
$3,058.00; Owner Owes: $195.19;
Total Assessment: $3,253.19
Risley, Reno W & Joyce A., 2 W 170' 305 10-
13- 152 -016 Paving: $1,552.73; Water:
$1,012.00; Sewer: $756.59; Owner Owes:
$3,321.31; Total Assessment: $3,321.31
Sitzmann, Thomas G. & Lott, Allison AS CO
Cust.?? N Y2 W 170' 304 10 -13- 152 -003
Paving: $776.36; Sewer: $733.88; Owner
Owes: $1,510.24;
Total Assessment: $1,510.24
Dennison, Michael Joseph S Y2 W 170' Lot 304
10 -13- 152 -004 Paving: $776.36; Sewer:
$506.80; Owner Owes: $1,283.16;
Total Assessment: $1,283.16
KLUESNER PLACE
Tucker, Sherman P & Tammy M Lot 2 10 -13-
152 -017 Paving: $1,552.73; Sewer: $643.05;
Owner Owes: $2,195.78;
Total Assessment: $2,195.78
DAVIS FARM ADD.
Vonhollen, Herbert C. & Verna N Y2 W. 170'
302 10- 13- 152 -006 Paving: $776.36; Sewer:
$870.12; Owner Owes: $1,646.49;
Total Assessment: $1,646.49
Henkels, Francis Wm. S'' /2 W 170 Lot 302 10-
13 -152 -007 Paving: $776.36; Sewer: $733.88;
Owner owes: $1,510.24;
Total Assessment: $1,510.24
Hennessy, Jeramy & Linsey E. Y2 N '/2 W 170'
of Lot 301 10- 13- 152 -018 Paving: $776.36:
Water: $885.50; Sewer: $847.42; Owner
Owes: $2,509.28;
Total Assessment: $2,509.28
Duffy, Melissa Ann & Kramer, Gene S.' /] W
170' 301 10 -13- 152 -009 Paving: $776.36;
Sewer: $688.46; Owner Owes: $1,464.83;
Total Assessment: $1,464.83
Schmitt, Gary C. & Mary Lou 2W170'300
10 -13- 152 -019 Paving: $526.82; Sewer:
$756.59; Owner Owes: $1,283.40;
Total Assessment: $1,283.40
Williams, Randy R. & Deanna R. 1 W 170'300
10 -13- 152 -010 Paving: $1,025.91; Sewer:
$665.75; Owner Owes: $1,691.66:
Total Assessment: $1,691.66
Noel, Eveline & Marcella, E 85'W 170' of Lot
299 10 -13 -152 -020 Paving: $1,552.73;
Owner Owes: $1,552.73;
118 Regular Session, April 5, 2004
Total Assessment: $1,552.73
Kemall, Kris D. & Mary K. N 30'W 170'298
10- 13- 152 -012 Paving $776.36; Owner
Owes: $776.36; Total Assessment: $776.36
Lansing, Patrick A & Mary Ann S 30'W 170'
298 10 -13- 152 -013 Paving: $776.36; Sewer:
$677.11; Owner Owes: $1,453.47;
Total Assessment: $1,453.47
Breiner, James D. & Cindy S. E 85'W 170' Lot
297 10 -13- 152 -021 Paving: $1,552.73; Sewer:
$779.29; Owner Owes: $2,332.02;
Total Assessment: $2,332.02
McSperrin, Melvin B. & Terri L. 1 E 170'336
10 -13- 105 -013 Paving: $1,555.22; Owner
Owes: $1,555.22;Total Assessment: $1,555.22
Albrecht, Bernice M. Lot 1 E 170 of Lot 335 10-
13- 105 -012 Paving: $1,555.22: Sewer:
$671.43; Total Assistance: $2,226.66;
Owner Owes: 0; Total Assessment: $2,226.66
Behnke, Kristine L. 1 E 170' of Lot 334 10 -13-
105 -011 Paving: $1,555.22 Water: $809.60;
Sewer: $802.00; Owner Owes: $3,166.83;
Total Assessment: $3,166.83
Neyens, Michael D. & Devaney, Julie A., W. 85'
E 170' 333 10 -13- 105 -010 Paving:
$1,552.73; Water: $528.31; Sewer: $802.00;
Owner Owes: $2,883.04;
Total Assessment: $2,883.04
Kluesner, Benjamin T. & Karen D. E 170' of Lot
332 10 -13- 105 -009 Paving: $1,552.73; Sewer:
$892.83; Owner Owes; $2,445.56;
Total Assessment: $2,445.56
Clemen, Dawn M. W. 85'E 170' of Lot 331 10-
13- 105 -007 Paving: $1,552.73; Sewer:
$802.00; Owner Owes: $2,354.73;
Total Assessment: $2,354.73
Ender, Robert C. II & Muenster, Georgiann M.
SE'/2 E 170' of Lot 330 10- 13- 105 -006
Paving: $776.36; Sewer: $733.88; Total
Assistance: $724.92; Owner Owes: $785.32;
Total Assessment: $1,510.24
Ender, Robert C II & Muenster, Georgiann M.
NW %a E 170' of Lot 330 10 -13- 105 -005
Paving: $776.36; Sewer: $733.88; Owner
Owes: $1510.24;Total Assessment: $1,510.24
Miller, Franklin William Sr. E 170'329 10 -13-
105 -004 Paving: $1,552.73; Sewer: $620.34;
Owner Owes: $2,173.07;
Total Assessment: $2,173.07
Klein, Pearl S %: E 170'328 10 -13- 105 -003
Paving: $776.36; Sewer: $688.46; Total
Assistance: $1,464.83: Owner Owes: 0;
Total Net Assessment: $1,464.83
Uthe, Urban & Elda N % E 170' of Lot 328 10-
13- 105 -002 Paving: $776.36; Sewer: $711.17;
Total Assistance: $1,487.53; Owner Owes: 0;
Total Assessment: $1,487.53
Ehlinger, David L. Sharon M. W 85'E 170' of Lot
327 10- 14- 234 -013 Paving: $1,552.73; Sewer:
$620.34; Owner Owes: $2,173.07;
Total Assessment: $2,173.07
McPoland, Robert J. & Joann M. S'' /3 E 170'
326 10 -14- 234 -012 Paving: $776.36; Sewer:
$767.94; Total Assistance: $895.69; Owner
Owes: $648.61; Total Assessment: $1,544.30
Connor, Mark & Terri N % E 170' of Lot 326 10-
14- 234 -011 Paving: $776.36; Sewer:
$665.75; Owner Owes: $1,442.12;
Total Assessment: $1,441.12
Blum, Sidney E. 170' of Lot 325 10- 14 -234-
010 Paving: $1,552.73; Sidewalk: $44.55;
Sewer: $643.05; Owner Owes: $2,240.32;
Total Assessment: $2,240.32
Knapp, Donald L. 5E 170'322,323 & 324 10-
14- 234 -004 Paving: $1,037.56; Sidewalk:
$512.26; Deficiency: $219.50; Owner Owes:
$1,549.83; Total Assessment: $1,549.83
Knapp, Donald L. 6E 170'322, 323 & 324 10-
14- 234 -003 Paving: $1,037.56; Sidewalk:
$512.26; Deficiency: $219.50; Owner Owes:
$1,549.83; Total Assessment: $1,549.83
Knapp, Donald L. 7 E 170'322, 323 & 324 10-
14- 234 -002 Paving: $957.01; Sidewalk:
$878.43; Deficiency: $436.33; Owner Owes:
$1,835.44; Total Assessment: $1,835.44
Knapp, Donald L. 8 E 170'322, 323, 324 10-
14- 234 -001 $1,107.15; Owner Owes;
$1,107.15; Total Assessments; $1,107.15;
Knapp, Donald L. 9 E 170'322, 323 & 324 10-
14- 234 -005 Paving: $127.55; Owner Owes:
$127.55; Total Assessment: $127.55
Stayer, Christopher T. W 170'307 10- 13 -151-
004 Paving: $1,552.73; Owner Owes:
$1,552.73; Total Assessment: $1,552.73
Schmal, Steven J. a /k/a Seven J. Schmall W
170' 308 10 -13- 151 -003 Paving: $1,552.73;
Sewer: $688.46; Owner Owes: $2,241.19;
Total Assessment: $2,241.19
Ortberg, Theodore C. & Emma Louise W. 170'
309 10 -13- 151 -002 Paving: $1,552.73; Sewer:
$802.00; Owner Owes: $2,354.73;
Total Assessment: $2,354.73
Duggan, Dustan J. W. 170' of Lot 310 10 -13-
151 -001 Paving: $1552.73; Sewer: $779.29;
Owner Owes: $2,332.02;
Total Assessment: $2,332.02
Buelow, Gary J. S 26'4'W 170' Lot 311 10 -14-
233 -017 Paving: $681.26; Sewer: $824.71;
Total Assistance: $512.03; Owner Owes:
$993.94; Total Assessment: $1,505.97
Campbell, Susan K. N 33'8"W 170' of Lot 311
10 -14- 233 -016 Paving: $871.47; Sewer:
$671.43; Total Assistance: $1,018.31; Owner
Owes: $524.59; Total Assessment: $1,542.90
Miller, Franklin W. Jr. & Sheree L. W. 170' 312
10- 14- 233 -015 Paving: $1,552.73; Sewer:
$756.59; Owner Owes: $2,309.31;
Total Assessment: $2,309.31
Welu, Louise E. 85'W. 170'313 10- 14 -233-
014 Paving: $1552.73 Owner Owes:
$1,552.73; Total Assessment: $1,552.73
Welu, Louise E O'S 50'W 170'314 10- 14 -233-
013 Paving: $1,186.73: Water: $619.90;
Sewer: $733.88; Owner Owes: $2,540.51;
Regular Session, April 5, 2004 119
Total Assessment: $2,540.51
Coenen, Shawn M. & Heather L. N 10' W 170'
of Lot 314 10- 14- 233 -010 Paving: $517.39;
Sewer: $711.17; Owner Owes: $1,228.56;
Total Assessment: $1,228.56
Ellerbach, Raphael E 70' N 50'W 170' of Lot
315 10 -14- 233 -012 Paving; $1,186.73; Sewer:
$688.46; Owner Owes: $1,875.19;
Total Assessment: $1,875.19
Peacock, James A. & Nancy A. W. 170'316
10 -14- 233 -008 Paving: $1,552.73 Sewer:
$733.88; Owner Owes: $2,286.61;
Total Assessment: $2,286.61
Laury, Patricia J. W. 170' 317 10 -14- 233 -007
Paving: $1,552.73; Sewer: $668.46; Owner
Owes: $2,241.19;Total Assessment: $2,241.19
Perfection Oil Co. W. 170' Lot 318 10- 14 -233-
006 Paving: $1,552.73; Owner Owes:
$1,552.73; Total Assessment: $1,552.73
Perfection Oil Co. W 170'319 10- 14- 233 -005
Paving: $1,552.73; Owner Owes: $1,552.73;
Total Assessment: $1,552.73
Perfection Oil Co. S'' /] W 170'320 10- 14 -233-
004 Paving: $854.00; Owner Owes: $854.00;
Total Assessment: $854.00
Perfection Oil Co. N 27 N /] W 170'320 10 -14-
233 -003 Paving: $698.73; Owner Owes:
$698.73; Total Assessment: $698.73
Perfection Oil Co. 1 -W 170' Lot 321 10 -14-
233 -002 Paving: $1,467.33: Owner Owes:
$1,467.33; Total Assessment: $,1,467.33
L.H. LANGWORTHY'S ADDN
Leytem, Arnold Joseph Go Elizabeth Engler E.
1 /2-24A 10 -13- 384 -015 Paving: 0; Water:
$763.83; Sewer: $756.59; Owner Owes:
$1,520.42; Total Assessment: $1,520.42
Brandenburg, Jerry & Billie Jo S' /3 E' /I -23A
10 -13- 384 -014 Paving: 0; Water: $685.33;
Total Assistance: $685.33; Owner Owes: 0;
Total Assessment: $685.33
Heitz, Bruce & Mary Lou Lot 1 of 1 of 6F 10-
24- 130 -011 Paving: 0; Sewer: $665.75;
Owner Owes: $665.75;
Total Assessment: $665.75
Leute, Kevin J. Susan A. W %: S % Lot 8 "H"
10 -24- 130 -010 Paving: 0; Sewer; $665.75;
Owner Owes: $665.75;
Total Assessment: $665.75
Atchison, Westley R. & Wanda L. W. % S % Lot
10 "J" 10 -24- 130 -009 Paving: 0; Sewer:
$665.75; Owner Owes: $665.75;
Total Assessment: $665.75
Jellison, Kelly M. Sr. & Dawn M. W/2 S % S 3 /.
Lot 16P 10 -24- 130 -005 Paving: 0; Sewer:
$665.75; Owner Owes: $665.75;
Total Assessment: $665.75
Schuster, Steven J. & Brown, Ann W % S / L
18 & W % N '/. Lot 16P 10 -24- 130 -003
Paving: 0; Sewer: $665.75; Owner Owes:
$665.75; Total Assessment: $665.75
Schueller, Irvin G. Jr. & Sharon K. E %: Lot 31
10 -24- 202 -012 Paving: 0; Sewer: $824.71;
Owner Owes: $824.71;
Total Assessment: $824.71
Ridgeway, Lola J. & Ruble, Terry J. E % Lot 30
10- 24- 202 -011 Paving: 0; Owner Owes: 0;
Total Assessment: 0
Fahey, Paul, Lot 1 -2 -22 & Nly Part of Lot 1- 22
10 -13- 383 -002 Paving: 0; Owner Owes: 0;
Total Assessment:0
FRANK FOSSLEMANS ADD
Routley, Jonathan & Mary F. Lot 1 -1 10 -13-
378 -011 Paving: 0; Owner Owes: 0;
Total Assessment: 0.
Routley, Jonathan & Mary F. Lot 2 -1 10- 13 -378-
010 Paving: 0; Sewer: $756.59; Owner
Owes: $756.59; Total Assessment: $756.59
L H LANGWORTHY'S ADD
Hoffmann, Richard L. E Y: Lot 181 10- 13 -379-
017 Paving: 0; Sewer: $574.92; Total
Assistance: $218.47; Owner Owes: $356.45;
Total Assessment: $574.92
Jahn Co. L.C. Lot 1 New Jackson Sub. 10 -13-
379 -031 Paving: 0; Owner: 0;
Total Assessment: 0;
DAVIS FARM ADD.
Pluym, Daniel L. & Susan E. Lot 1- N 35' of W
170'Lot227 10 -13- 376 -014 Paving: 0;
Sewer: $643.05; Owner Owes: $643.05;
Total Assessment: $643.05
Shappel, John J. & Theresa M. Lot 2 -2 of 238
10 -13- 376 -001 Paving: 0; Sewer: $620.34;
Owner Owes: $620.34;
Total Assessment: $620.34
Cooper, Rodney C. & Marilyn E. Lot 1 -1 -29
10 -13- 376 -013 Paving: 0; Sewer: $688.46;
Owner Owes: $688.46;
Total Assessment: $688.46
Mardi Gras Estates C.C. Lot 1 -2 -238 10 -13-
376 -002 Paving: 0 Sewer: $620.34; Owner
Owes: $620.34; Total Assessment: $620.34
Specht, Joseph L. Lott -2 -237 1 -13- 376 -003
Paving: 0; Sewer: $620.34; Owner Owes:
$620.34; Total Assessment: $620.34
Breitsprecker, Cathleen M. Lot 1 -2 -237 10 -13-
376 -004 Paving: 0; Sewer: $620.34; Owner
Owes: $620.34; Total Assessment: $620.34
Huekels, Theresa I. W %: N %274 10- 13 -328-
005 Paving: 0; Sewer: $620.34; Owner Owes:
$620.34; Total Assessment: $620.34
Kuhle, Mark J. & Karen M. W 85'S ' / 274 10-
13- 328 -006 Paving: 0; Sewer: $620.34;
Owner Owes: $620.34;
Total Assessment: $620.34
Maiers, Aloysius C. & Patricia A. N '/x W %: 273
10 -13- 328 -007 Paving: 0; Sewer: $654.40;
Owner Owes: $654.40;
Total Assessment: $654.40
Stackis, Theodore J & Darla Ann N'/2W'/2272
10 -13- 328 -009 Paving: 0; Sewer: $722.52;
Owner Owes: $722.52;
Total Assessment; $722.52
Miller, Angie S'' /3 W %272 10 -13- 328 -010
120 Regular Session, April 5, 2004
Paving: 0; Sewer: $620.34; Owner Owes:
$620.34; Total Assessment: $620.34
Wernimont, Sara E. N %2 W %271 10- 13 -328-
011 Paving: 0; Sewer: $643.05; Total
Assistance: $540.16; Owner Owes: 102.89;
Total Assessment: $643.05
Ploessl, Andrew C. Jr. & Mary M. S %2 W '/2 271
10 -13- 328 -012 Paving: 0; Sewer: $649.86;
Owner Owes: $649.86;
Total Assessment: $649.86
Secretary of Housing & Urban Dev. W %2 N ' /
270 10 -13- 329 -013 Paving: 0; Sewer: 552.21;
Owner Owes: $552.21;
Total Assessment: $552.21
Hadley, Kevin M. & Cheryl K. W 70' Lot 268
10 -13- 328 -017 Paving: 0; Sewer: $620.34;
Owner Owes: $620.34;
Total Assessment: $620.34
Meyers, Carol Lot 1 -2 of Lot 267 10- 13 -328-
018 Paving: 0 Sewer: $620.34; Owner
Owes: $620.34; Total Assessment: $620.34
Dixon, James R. Jr. & Paula J. E 85' E 170' of
Lot 386 10 -13- 329 -014 Paving: 0; Sewer:
$484.09; Owner Owes: $484.09
Total Assessment: $484.09
Schwartz, Ellis E 90.5'N %2 E 170'369 10 -13-
329 -015 Paving: 0; Sewer: $506.80; Owner
Owes: $506.80; Total Assessment: $506.80
Ruby Investments E 90.5' S1 /2 E 170' 369 10-
13- 329 -016 Paving: 0; Sewer: $574.92; Owner
Owes: $574.92; Total Assessment: $574.92
Pfohl, Michael E 85' 170' of Lot 370 10- 13 -329-
017 Paving: 0; Sewer: $688.46; Owner
Owes: $688.46; Total Assessment: $688.46
Ostrander, David J. & Mary V. E. 86'6" E 170'
Lot 371, Lot 1 -1 -372 & Lot 2 -1 -372 10- 13 -329-
018 Paving: 0; Sewer: $608.98; Owner
Owes: $608.98; Total Assessment: $608.98
Willis, Lindsey & Runde, Jeremy N 30'- E 90'
E 100' of Lot 375 10 -13- 329 -019 Paving: 0;
Sewer: $620.34; Owner Owes: $620.34;
Total Assessment: $620.34
Kluesner, Nathan R. S 30' E 90' E 100 of Lot
375 10 -13- 329 -020 Paving: 0; Sewer: $574.92;
Owner Owes: $574.92;
Total Assessment: $574.92
EDWARD ESLINGER PLACE
Lampe, Philip N. & Linda J. Lot 1 10 -13- 334 -002
Paving: 0; Sewer: $643.05; Owner Owes:
$643.05; Total Assessment: $643.05
DAVIS FARM ADD.
Abresch, George D. & Sharon R. Lot 1 -2 W 170'
- 277 & Lot 2 of 2 -W 170'-1-277 10- 13 -308-
011 Paving: 0; Sewer: $574.92; Owner
Owes: $574.92; Total Assessment: $574.92
PAUL TRAUTS SUB
Freese, Thomas D. & Tara S. Lot 3 10- 13 -157-
018 Paving: 0; Sewer: $665.75; Owner
Owes: $665.75; Total Assessment: $665.75
Hoffmann, Herbert & Judy Lot 1 & 2 10 -13-
157 -019 Paving: 0; Sewer: $665.75; Owner
Owes: $665.75; Total Assessment: $665.75
DAVIS FARM ADDN.
Engling, Lezlie N35' E 100' of Lot 357 10 -13-
162 -005 Paving: 0; Sewer: $506.80; Owner
Owes: $506.80; Total Assessment: $506.80
Soppe, Jane M. S 25'E 100' Lot 357 (Also E 1
? ?? 10 -13- 162 -006 Paving: 0; Sewer:
$756.59; Owner Owes: $756.59;
Total Assessment: $756.59
Ritchie, Robert E 90' E 170' S 40' of Lot 358
10 -13- 162 -007 Paving: 0; Sewer: $733.88;
Owner Owes: $733.88;
Total Assessment: $733.88
Heim, Dale E & Barbara K. E 90' of N 32' of E.
170' of Lot 359 10- 13- 162 -008; Paving: 0;
Sewer: $643.05; Owner Owes: $643.05;
Total Assessment: $643.05
Bechen, Vicki M. Lot 2 of E 170' of Lot 362 10-
13- 309 -004 Paving: 0; Sewer: $677.11;
Owner Owes: $677.11;
Total Assessment: $677.11
Miller, Carol M. E 85'E 170' of Lot 363 10 -13-
309 -005 Paving: 0; Sewer: $733.88; Owner
Owes: $733.88; Total Assessment: $733.88;
Atchison, George F. & Jenny M. E 90'S 9.8'E
170' of Lot 365 & N 25.7 E90' E 170' of Lot
366 Davis Farm 10 -13- 309 -010
Total Assessment: 0;
Pline, Ronald R. & William R. E 170'E 90'S
234' 4" of Lot 366 10 -13- 309 -011 Paving: 0;
Sewer: $552.21; Owner Owes: $552.21;
Total Assessment: $552.21
Holy Ghost Parish Credit Union Lot 1 -2 W. 170'
296 10- 13- 156 -001 Paving: 0; Owner Owes:O
Total Assessment: 0
US Bank Lot 1 N 2'W 170 of Lot 295 Lot 1 -1W
170' of 296 10 -13- 156 -002 Paving: 0; Sewer:
$779.29; Owner Owes: $779.29;
Total Assessment: $779.29
Nauman, Gregory L. W %2 S58' W 170'295 10-
13- 156 -003 Paving: 0; Sewer: $733.88;
Owner Owes: $733.88;
Total Assessment: $733.88
Theilen, Janice Lot 2 W 17'292 10- 13 -156-
007 Paving: 0; Sewer: $756.59; Owner Owes:
$756.59; Total Assessment: $756.59
Thurston, Brenda Lot 1 -1 W 170'290 10 -13-
156 -011 Paving: 0; Sewer: $665.75; Owner
Owes: $665.75; Total Assessment: $665.75
Moore, Kenneth John a /k/a Kenneth J. Moore E
85' of E 170' of Lot 346 10- 13- 153 -020;
Paving: 0; Sewer: $608.98; Owner Owes:
$608.98; Total Assessment: $608.98
Kirk, Donald & Mary, N 50' of E 85' of E 170' of
Lot 347 10 -13- 157 -010 Paving: 0; Sewer:
$597.63; Total Assistance: $262.96; Owner
Owes: $334.67; Total Assessment: $597.63
Sabers, Rosemary -Trustee of Mary Lee &
Mary Lou Stieber S 10' of E 85' of E 170' of
Lot 347, & N 40' of E 85' of E 170' of Lot 348
10 -13- 157 -011 Paving: 0; Sewer: $643.05;
Owner Owes: $643.05;
Total Assessment: $643.05
Regular Session, April 5, 2004 121
Breiner, James D. & Cindy S. S 20' of E. 85' of
E 170' of 348 & E 85' of N 1 /2 E of E 170' Lot
349 10 -13- 157 -012 Paving: 0; Sewer: $643.05;
Owner Owes: $643.05;
Total Assessment: $643.05
Wolf, Nicole E' /2 of N %2 of E 170' of Lot 350
10- 13- 157 -013 Paving: 0; Sewer: $688.46;
Total Assistance: $550.77; Owner Owes:
$137.69; Total Assessment: $688.46
Ruden, Leroy P & Carol E 85' of S %2 of E 170'
of Lot 350 10 -13- 157 -014 Paving: 0; Sewer:
$665.75; Owner Owes: $665.75;
Total Assessment: $665.75
Revelle, Wilbert L. & Mary S. E 85' of E 170' of
Lot 352 10 -13- 157 -016 Paving: 0 Sewer:
$484.09; Owner Owes: $484.09;
Total Assessment: $484.09
Hopper, Dorothy A. Lot 2 of E. 170' of Lot 353
10- 13- 157 -017 Paving: 0; Sewer: $711.17;
Owner Owes: $711.17;
Total Assessment: $711.17
Moore, Jorja J. E 85' of E 170' of Lot 331 10-
13- 105 -008 Paving: 0; Sewer: $802.00;
Owner Owes: $802.00;
Total Assessment: $802.00
Trowbridge, Robert J. & Ruth E 85' of E 170' of
Lot 333 10 -13- 105 -014 Paving: 0; Sewer:
$711.17Total Assistance: $654.28; Owner
Owes: $56.89; Total Assessment: $711.17
Noggles, Carol Darlene Lot 1 -2 of E 170' of 334,
335, 336 10 -13- 105 -015 Paving: 0; Sewer:
$631.69; Total Assistance: $379.01; Owner
Owes: $252.68; Total Assessment: $631.69
Schlarmann, Michael D. & Sharon A. E 90' of E
170' of Lot 338 10 -13- 153 -009 Paving: 0;
Sewer: $643.05; Total Assistance: $218.64;
Owner Owes: $424.41;
Total Assessment: $643.05
Ohnesorge, Steve L. & Karen S. Lot 1 of S of
E 170' of Lot 339 & N 10' of E 170' of Lot 340
10- 13- 153 -010 Paving: 0; Sewer: $779.29;
Owner Owes: $779.29;
Total Assessment: $779.29
LEO EISBACH PLACE
Papin, Paul J. & Nancy S. Lot 1 -1 10- 13 -153-
011 Paving: 0; Sewer: $665.75; Owner
Owes: $665.75; Total Assessment: $665.75
DAVIS FARM ADDIS!
Stender, Richard V & Michelle A. Lot 1 of E 170'
of 322,323, 324 10 -14- 234 -006 Paving: 0;
Sewer: $688.46; Owner Owes: $688.46;
Total Assessment: $688.46
Rogers, Dora R & Scott Lot 2 of E 170' of Lot
322, 323, 324 10 -14- 234 -007 Paving: 0;
Sewer: $688.46; Owner Owes: $688.46;
Total Assessment: $688.46
Thul, William J. & Joyce S. Lot 3 of E 170' of
Lot 322, 323, 324 10 -14- 234 -008 Paving: 0;
Sewer: $415.97; Owner Owes: $415.97;'
Total Assessment: $415.97
Glynn, Beverly A. Lot 4 of E 170' 322, 323, 324
10- 14- 234 -009 Paving:0; Sewer: $461.38;
Total Assistance: $461.38; Owner Owes: 0;
Total Assessment: $461.38
Noble, Gregory D. & Marian J. E 85'# 170' of
Lot 327 10 -13- 105 -001 Paving: 0; Sewer:
756.59; Owner Owes: $756.59;
Total Assessment: $756.59
Stiles, Jeff W 100' of N 50 of W 170' Lot 315 ??
10 -14- 233 -009 Paving: 0; Sewer: $824.71;
Total Assistance: $709.25; Owner Owes:
$115,46; Total Assessment: $824.71
Davis, Charles E90' of S 28' of E 170' of Lot
359 10 -13- 162 -009 Paving: 0; Sewer:
$643.05; Owner Owes: $643.05;
Total Assessment: $643.05
L H LANGWORTHY ADD
Hanson, Richard Lot W '/2 S %2 of Lot 21 10-
13- 383 -005 Paving: 0; Sewer: $711.17;
Owner Owes: $711.17;
Total Assessment: $711.17
Gansemer, Joseph G. & Kay F. Lot 1 W1/2 N
%2 Lot 20 10 -13- 383 -006 Paving: 0; Sewer:
$711.17; Owner Owes: $711.17;
Total Assessment: $711.17
DAVIS FARM ADDN
Eisbach, Dorothy 85' of W 170' of Lot 313 10-
14- 233 -011 Paving: 0; Sewer:$670.30; Owner
Owes: $670.30; Total Assessment: $670.30
FRANK FOSSELMAN'S SUB
Data, Jason N 43'S 54' Lot 13 10 -13- 378 -020
Paving: 0; Sewer: $620.34; Total Assistance:
$620.34; Owner Owes: 0;
Total Assessment: $620.34
OLINGER'S SUB
Heer, Timothy & Nicolette Lot 2 10 -13- 379 -015
Paving: 0; Sewer: $574.92; Owner Owes:
$574.92; Total Assessment: $574.92
City of Dubuque Paving: 0; Water: $1,917.70;
Sewer: $711.17; Owner Owes: $2,628.87;
Total Assessment: $2,628.87
TOTALS:
SIDEWALKS: $ 4,938.07
DEFICIENCIES: $ 1,461.41
WATER: $ 45,730.07
SEWER LATERALS: $186,730.06
TOTAL ASSISTANCE: $ 72,083.28
OWNERS OWE: $471,810.94
TOTAL ASSESSMENTS: $543,894.22
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Assignment of CIGNA Agreements to
Prudential: City Manager recommending
approval of a Memoranda of Understanding and
Assignment and Assumption of the Enterprise
Zone and Development Agreements for the
assignment of CIGNA Agreements to Prudential
Financial, Inc., presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 6-
0.
RESOLUTION NO. 126 -04
122 Regular Session, April 5, 2004
APPROVING A MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF
DUBUQUE, IOWA AND PRUDENTIAL
INSURANCE COMPANY OF AMERICA FOR
THE ASSIGNMENT OF AN ENTERPRISE
ZONE AGREEMENT AMONG THE CITY OF
DUBUQUE, THE STATE OF IOWA AND
CIGNA RETIREMENT BENEFITS SERVICES
FROM CIGNA RETIREMENT BENEFITS
SERVICES TO PRUDENTIAL INSURANCE
COMPANY OF AMERICA AND APPROVING
THE ASSIGNMENT OF SUCH ENTERPRISE
ZONE AGREEMENT; AND APPROVING A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DUBUQUE, IOWA
AND PRUDENTIAL INSURANCE COMPANY
OF AMERICA FOR THE ASSIGNMENT OF A
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, AND CIGNA
RETIREMENT BENEFITS SERVICES FROM
CIGNA RETIREMENT BENEFITS SERVICES
TO PRUDENTIAL INSURANCE COMPANY OF
AMERICA AND APPROVING THE
ASSIGNMENT OF SUCH DEVELOPMENT
AGREEMENT
Whereas, the City of Dubuque entered into an
Enterprise Zone Agreement #99 -EZ -06 in 1999
with the State of Iowa and CIGNA Retirement
Benefits Services; and
Whereas, the City of Dubuque entered into a
Development Agreement dated October 18,
1999 with CIGNA Retirement Benefits Services;
and
Whereas, Prudential Insurance Company of
America, a subsidiary of Prudential Financial
has entered into an agreement to acquire
CIGNA Retirement Benefits Services (aka
Trilog, Inc. /Connecticut General Life Insurance);
and
Whereas, the Enterprise Zone Agreement and
the Development Agreement are non-
transferable except with the written consent of
the City of Dubuque; and
Whereas, Memoranda of Understanding and
Assignment and Assumption Agreements have
been prepared outlining the sale and providing
that CIGNA Retirement Benefits Services will
assign its interests in the Enterprise Zone
Agreement and Development Agreement to
Prudential Insurance Company of America; and
Whereas, the City Council has determined that
it is in the best interests of the City of Dubuque
to enter into the Memoranda of Understanding
and to consent to the Assignment and
Assumption Agreements.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1.The attached Memoranda of
Understanding and Assignment and Assumption
Agreements are hereby approved.
Section 2. The Mayor is hereby authorized and
directed to execute the Memoranda of
Understanding consenting to the Assignment
and Assumption Agreements on behalf of the
City of Dubuque.
Passed, approved and adopted this 5" day of
April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with St.
Stephen's Food Bank: City Manager
recommending approval of a Purchase of
Service Agreement with St. Stephen's Food
Bank in the amount of $500 for the Deer
Management Food Program, presented and
read. Michalski moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Purchase of Service Agreement with Project
Concern, Inc. — Foster Grandparent Program:
City Manager recommending approval of a
Purchase of Service Agreement with Project
Concern, Inc. in the amount of $5,435 for the
Foster Grandparent Program, presented and
read. Michalski moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Purchase of Service Agreement with the
Retired and Senior Volunteer Program: City
Manager recommending approval of a Purchase
of Service Agreement with the Retired and
Senior Volunteer Program in the amount of
$7,341, presented and read. Michalski moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with Project
Concern, Inc. — Information and Referral and
Child Care Referral - City Manager
recommending approval of a Purchase of
Service Agreement with Project Concern, Inc. in
the amount of $24,339 for the Information and
Referral Program plus a payment of $8,576 for
the Child Care Referral Program, presented and
read. Michalski moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Purchase of Service Agreement with
Operation: New View: City Manager
recommending approval of a Purchase of
Service Agreement with Operation: New View in
the amount of $16,708, presented and read.
Regular Session, April 5, 2004 123
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Purchase of Service Agreement with Helping
Services of Northeast Iowa, Inc.: City Manager
recommending approval of a Purchase of
Service Agreement with Helping Services of
Northeast Iowa, Inc. in the amount of $1,964,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with Greater
Dubuque Development Corporation: City
Manager recommending approval of a Purchase
of Service Agreement with Greater Dubuque
Development Corporation in the amount of
$127,500 including $87,500 for economic
development services and $40,000 for
marketing of the City's industrial parks,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with Dubuque
Main Street, Ltd.: City Manager recommending
approval of a Purchase of Service Agreement
with Dubuque Main Street, Ltd in the amount of
$43,966, presented and read. Michalski moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with Dubuque
Area Lifetime Center: City Manager
recommending approval of a Purchase of
Service Agreement with Dubuque Area Lifetime
Center in the amount of $20,000, presented and
read. Michalski moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Purchase of Service Agreement with Dubuque
Area Labor Management Council: City Manager
recommending approval of a Purchase of
Service Agreement with Dubuque Area Labor
Management Council in the amount of $15,051,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with the
Dubuque Area Chamber of Commerce
Convention and Visitors Bureau: City Manager
recommending approval of a Purchase of
Service Agreement with the Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau in the amount of $554,705, presented
and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with
Washington Neighborhood Tool Library: City
Manager recommending approval of a Purchase
of Service Agreement with the Washington
Neighborhood Tool Library in the amount of
$15,500, presented and read. Michalski moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Purchase of Service Agreement with
Substance Abuse Services Center: City
Manager recommending approval of a Purchase
of Service Agreement with Substance Abuse
Services Center in the amount of $12,390,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Alliant Energy: Notice of proposed rate
increase from Alliant Energy and communication
of the City Manager to the Iowa Utilities Board
regarding the rate increase requested by
Interstate Power and Light Company (Alliant
Energy Company), presented and read.
Michalski moved that the communication be
received and filed and approved City Manager's
letter. Seconded by Nicholson. Motion carried
6 -0.
Parking Ramp Structural Analysis Request for
Proposals: City Manager recommending
approval of the issuance of a Request for
Proposals to solicit qualified firms to perform a
complete structural analysis of the Iowa Street
and the Locust Street Parking Ramps,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Greater Downtown Urban Renewal District:
Communication from the Long Range Planning
Advisory Commission advising that the
Commission has reviewed the Urban Renewal
Plan for the Greater Downtown Urban Renewal
District and finds it to be consistent with the
Comprehensive Plan and recommends City
Council approval, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
124 Regular Session, April 5, 2004
Historic Preservation Revolving Loan Fund
and Historic Preservation Homeowner Grant
Programs: Communication from the Historic
Preservation Commission recommending City
Council approval of amendments to the Historic
Preservation Revolving Loan Fund and Historic
Preservation Homeowners Grant Programs,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Continuum of Care Program: City Manager
recommending approval of an application to the
US Department of Housing and Urban
Development (HUD) for renewal of funding
under the Continuum of Care Program for
homeless assistance, presented and read.
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Mediacom: Submission of the 2003 Annual
Report of Mediacom, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 6 -0.
Mississippi Riverwalk Phase II and Amenities
Project: City Manager recommending
acceptance of the construction contract for the
Mississippi Riverwalk Phase II and Amenities
Project as completed by Portzen Construction in
the final contract amount of $3,783,606.08,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 127 -04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Mississippi
Riverwalk Phase II and Amenities Project has
been completed and the City Manager has
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans and
specifications and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Obligation bond
funds, Iowa DOT State Trails grant, a DRA
grant, and a DRA Surplus Distribution Fund in
amounts equal to the amount of his contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 128 -04
FINAL ESTIMATE
Whereas, the contract for the Mississippi
Riverwalk Phase II and Amenities Project has
been completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $4,155,204.00 and
the said amount shall be paid from the General
Obligation bond funds, Iowa DOT State Trails
grant, a DRA grant, and a DRA Surplus
Distribution Fund of the City of Dubuque Iowa.
Passed, approved and adopted this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Peninsula Gaming Lease Agreement for Patio
Area: City Manager recommending approval of
a lease agreement with Peninsula Gaming for
the lease of the patio area adjacent to the
Portside Building for the 2004 season,
presented and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 6 -0.
Business Licenses:
RESOLUTION NO. 129.04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C' BEER PERMIT
A & T, LLC Plaza 20 Amoco+
Session, April 5, 2004
(Sunday Sale) 2600 Dodge St
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 130 -04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Carol Meyers A& B Tap+
(Sunday Sale) 2600 Central Av
Salsa's Inc. Salsa's Mexican Restr+
(Sunday Sale) 1091 Main St
Aramark Educational Sery Loras College+
(Sunday Sale) 1450 Alta Vista
Chad Streff Whiskey River+
(Sunday Sale) 1064 University Ave
Neighbor's Inc. Neighbor's Tap
1899 Rockdale
Marco's, Inc. Marco's Italian American Food
2022 Central Ave
Mary Lou Kamp Noonan's Tap+
(Sunday Sale) 1618 Central Ave
Davey Robertsons Public Bar The Busted Lift+
(Sunday /Outdoor Sale) 180 Main St
CLASS "C" BEER/LIQUOR LICENSE
( 6 Month )
Raymond Sanders Sugar Ray's BBQ Restr.
951 Main St
CLASS "B" (WB) WINE
Carroll's Wine Company Carroll's Wine Co.
123 Main St
SPECIAL CLASS "C" (BW) LIQUOR
Mary Loney Bichell Mississippi Mug +
(Outdoor Service) 373 Bluff St
CLASS "B" NATIVE WINE PERMIT
Dubuque County Historical Society Nat'l
Mississippi River Museum 350 E. P St
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
125
ITEMS TO BE SET FOR PUBLIC HEARING
Operations and Service Center Construction
Project — Initiate: City Manager recommending
initiation of the public bidding process for the
Operations and Service Center Construction
Project and that a public hearing be set for
May 17, 2004, presented and read. Cline
moved to receive and file the communication.
Seconded by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 131 -04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the
Operations and Services Center, in the
estimated amount $10,000,000 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 132 -04
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Operations and Services Center.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on the 17�
day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 5� day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
126 Regular Session, April 5, 2004
Cline moved adoption of the Resolution and
set public hearing for 5/17/04 at a meeting to
commence at 6:30 p.m. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 133 -04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Operations and Services Center is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty -five days
prior to the receipt of said bids at 2:00 p.m. on
the sixth day of May, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the seventh day of May,
2004.
Passed, adopted and approved this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Gasper be reappointed to serve a five year term
which will expire 3/25/09. Seconded by Cline.
Motion carried 6 -0.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to speak. Seconded by
Nicholson. Motion carried 6 -0.
Utility Franchise Agreement with Maquoketa
Valley Electric Cooperative: Proof of publication
on notice of hearing to consider a Utility
Franchise Agreement with Maquoketa Valley
Electric Cooperative to be effective May 1, 2004
and City Manager recommending approval,
presented and read. Buol moved that the proof
and communication be received and filed.
Seconded by Markham. Motion carried 6 -0.
An Ordinance Granting to Maquoketa Valley
Electric Cooperative, its successors and
assigns, a nonexclusive authority to maintain
and operate its existing electrical system and
construct extensions thereto within the limits of
the City of Dubuque, Iowa, including any territory
which may be annexed thereto during the term
of this franchise to the extent any such territory
is within the exclusive service territory of the
company under Iowa Code Chapter 476 (or its
successor), and including the right to erect and
maintain all necessary facilities and equipment
in, under, upon, over, across and along the
streets, alleys, bridges and other similar public
places within the city for the production,
transmission, distribution and sale of electric
power, and prescribing terms and conditions
under which the company is to operate,
presented and read.
BOARDS /COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission:
TV Cable Community Teleprogramming
Commission: Two 3 -Year Unexpired Terms
Through 6/30/06) - Applicant: Marie Araeipour.
Ms. Araeipour spoke.
Appointments to the following Board / Com-
mission:
Environmental Stewardship Advisory
Commission (One 3 -Year Unexpired Term
Through 10/1/05) - Applicant: Sr. Mary Clare
O'Toole. Michalski moved that Sr. Mary Clare
O'Toole be appointed to serve an unexpired
term which will expire 10/1/05. Seconded by
Nicholson. Motion carried 6 -0.
Zoning Board of Adjustment (One 5 -Year Term
Through 3/25/09 — Term of Gasper) Applicant:
William M. Gasper. Michalski moved that Mr.
OFFICIAL PUBLICATION
ORDINANCE NO. 20 -04
AN ORDINANCE GRANTING TO MAQUO-
KETA VALLEY ELECTRIC COOPERATIVE,
ITS SUCCESSORS AND ASSIGNS, A
NONEXCLUSIVE AUTHORITY TO MAINTAIN
AND OPERATE ITS EXISTING ELECTRICAL
SYSTEM AND CONSTRUCT EXTENSIONS
THERETO WITHIN THE LIMITS OF THE CITY
OF DUBUQUE, IOWA, INCLUDING ANY
TERRITORY WHICH MAY BE ANNEXED
THERETO DURING THE TERM OF THIS
FRANCHISE TO THE EXTENT ANY SUCH
TERRITORY IS WITHIN THE EXCLUSIVE
SERVICE TERRITORY OF THE COMPANY
UNDER IOWA CODE CHAPTER 476 (OR ITS
SUCCESSOR), AND INCLUDING THE RIGHT
TO ERECT AND MAINTAIN ALL NECESSARY
FACILITIES AND EQUIPMENT IN, UNDER,
UPON, OVER, ACROSS AND ALONG THE
STREETS, ALLEYS, BRIDGES AND OTHER
SIMILAR PUBLIC PLACES WITHIN THE CITY
Regular Session, April 5, 2004 127
FOR THE PRODUCTION, TRANSMISSION,
DISTRIBUTION AND SALE OF ELECTRIC
POWER, AND PRESCRIBING TERMS AND
CONDITIONS UNDER WHICH THE COMPANY
IS TO OPERATE.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions.
1. Whenever the word "city" appears in this
ordinance, it is intended and shall be held to
mean the City of Dubuque, Iowa.
2. Whenever the word "company" appears in
this ordinance, it is intended and shall be held to
mean Maquoketa Valley Electric Cooperative ,
its successors and assigns.
3. Whenever the word "grantee" appears in
this ordinance, it is intended and shall be held to
mean Maquoketa Valley Electric Cooperative, its
successors and assigns.
4. Whenever the word "franchise" appears in
this ordinance it is intended and shall be held to
mean the grant of authority contained in this
ordinance as accepted by the company.
5. Whenever the word "street" appears in this
ordinance, it is intended and shall be held to
mean streets, alleys, bridges, avenues,
highways and other similar public places used
for transportation purposes within the city.
6. Iowa Utilities Board means the utilities board
or utilities division established by Iowa Code
Chapter 474 (or its successor).
Section 2. Grant of Franchise.
There is hereby granted to the company, its
successors and assigns, for a period from the
effective date of this ordinance through October
3, 2018, a non - exclusive authority to maintain
and operate its existing electrical production,
transmission and distribution system and
construct extensions and additions within the
limits of the city including any areas added to the
city by annexation or otherwise, together with all
necessary facilities and equipment in, under,
upon, over, across, and along the streets of the
city for the transmission, distribution and sale of
electrical power therein. Also granted is, the
right of eminent domain, as provided in Iowa
Section 364.2.
Section 3. Street Usage.
The company shall not locate any new
electrical distribution or service line, including
poles or other facilities, within the city in the
public right of way without the approval of the
city manager. The city reserves to itself the
power to impose reasonable regulations on the
company's use of streets. The city reserves the
right by resolution or otherwise to designate the
location of any new electric distribution or
service line including poles and other facilities
with reference to other street facilities such as
sewer and water mains and services and street
trees in such a manner as to promote the public
safety and to protect public property.
Section 4. Excavations and Other Works.
A written permit shall be obtained from the city
manager whenever it becomes necessary for
the company to excavate in streets or public
grounds of the city. Such permits shall state a
particular part or point of the street where the
excavation is to be made and the length of time
in which such permit shall authorize the work to
be done. An exception to a requirement for a
permit shall be made in cases of emergency
involving public safety, in which case a permit
will be obtained at the earliest opportunity after
the work has started.
In making excavations in the streets the
company shall proceed with such work so as to
cause the least possible inconvenience to the
public. The company shall property protect,
according to safety standards generally
accepted at the time of placement, as may be
determined from time to time by the city
manager, all excavations and obstructions by
proper shoring, surface plates, barricades,
warning lights and such other or additional
devices as circumstances may warrant. If in the
opinion of the city manager such excavation or
obstruction is not property and safely protected,
the city manager shall notify the company and
the company will immediately comply with such
reasonable instructions.
Immediately after buried electrical service lines
are installed or repaired, the trenches in which
such lines are installed will be refilled by the
company. No trench or excavation in the streets
shall be filled or covered without giving the city
the right to inspect the same. All backfilling in
streets will be according to city specifications.
Temporary street surfacing will be placed in
such excavations as soon as the same has been
backfilled. Pavements, sidewalks, curb and
gutters or other portions of streets and public
places opened, disturbed or damaged by
company shall be promptly restored and
replaced with like materials by the company at
its own expense and left in as good condition as
before. In the event like replacement materials
are not available, the company shall notify the
city manager who must approve the use of any
alternate materials. In the event that the
company shall fail to comply with the provision
of this section, after having been given
reasonable notice, the city may do such work as
may be needed to properly repair such
pavements, sidewalks, curb and gutters or other
portions of streets and public places and the
cost thereof shall be repaid to the city by the
company. In some cases where a cut or
disturbance is made in a section of street paving
or sidewalks, rather than replace only the area
cut, the company shall replace that area
128 Regular Session, April 5, 2004
stipulated by the city manager which in no event
shall exceed the panel or panels disturbed.
That whenever any person has obtained
permission from the city manager to move any
building or structure which may interfere with the
poles, wires or other fixtures of said grantee,
grantee shall, upon five (5) days' notice thereof,
and at the expense of the person desiring to
move such structure, remove such poles, wires
or other fixtures as may be necessary to allow
the passage of such structure, for a reasonable
length of time, upon receipt from such person of
satisfactory assurance covering the cost of such
removal and replacement and any liability or
damage resulting therefrom.
Section 5. Relocation of Service Lines.
Whenever the city shall pave or repave any
street or shall change the grade line of any
street or public place or shall construct or
reconstruction any conduit, water main service
or water connection, sewer or other public works
or utility, it shall be the duty of the company,
except where easements of record are held by
the company, when so ordered by the city, to
relocate its service lines and other property in
the streets or other public places at its own
expense so as to conform to the established
grade or line of such street or public place and
so as not to interfere with the conduits, sewers
and other mains so constructed or
reconstructed. However, the company shall not
be required to relocate poles or other facilities
and appurtenances when the street, alley or
public grounds, in which they are located, is
vacated for the convenience of abutting property
owners and not as an incident to a public
improvement, unless the reasonable cost of
such relocation and the loss and expense
resulting therefrom is first paid to the company
by the abutting property owners. In the case of
public improvements, including but not limited to
urban renewal projects, the city may require the
company to relocate it poles, service lines and
appurtenances in the streets at company's
expense.
The city may at its discretion assign personnel
for inspection of excavation and related work
being performed by the company. Should the
company fail or refuse to do and perform the
things provided in this ordinance, the city may,
after reasonable notice, perform the work and
charge the expense thereof to the company and
the company shall promptly pay said charges.
Section 6. Accessions to Franchise.
Where any electric service line is presently or
in the future placed anywhere in the corporate
limits of the city, either as now existing or
hereafter extended, not in a public street and a
street shall thereafter be opened or dedicated so
as to include said line within the right -of -way of
such street, said electric line shall be required to
be operated and maintained under the terms of
this franchise.
Section 7. Representation of Company.
The company agrees to provide and maintain
its entire system pursuant to Iowa Utilities Board
rules in such condition that it will furnish
reasonably safe, adequate, and efficient service.
Section 8. Meters.
Standards for meters and meter practices shall
be in accordance with regulations, rules or
directives adopted by the Iowa Utilities Board of
the Iowa Department of Commerce.
Section 9. Reserved Regulatory Rights.
In the event the State of Iowa or the United
States ceases to regulate any aspect of the
delivery of electrical service by company now
regulated by either or both, the city reserves the
right upon such cessation to regulate such
matters to the extent such matters are local
affairs impacting the health, safety or welfare of
residents of the city. Nothing in this section shall
be interpreted as granting the city the right to
regulate the rates of the company.
Section 10. Extension of Service.
The company shall be required to extend its
electric distribution service lines as required by
Iowa Utilities Board rules by extending lines in a
manner consistent with the economic growth of
the city and the city shall in the extension of
streets and roads make provision for the
placement of electric service lines. However,
failure of the city to reserve right of way for
electrical usage is not a default or breach under
this agreement.
Section 11. Rates.
The company shall supply electricity to
consumers within the city at reasonable rates. It
is recognized that under the statutes of the State
of Iowa, the company is not subject to the rate
regulation authority of the Iowa Utilities Board of
the Iowa Department of Commerce. The
company's Board of Directors is vested with
legal authority to supervise, fix or change rates
and charges for services provided by the
company to its electricity consumers. It is also
recognized by both the company and the city
that matters involving rate changes and charges
are local in their application and effect and that
the city, through its city council, shall be within
its privileges and municipal responsibilities in
making inquiries, expressing interest or adopting
a position on matters of rate changes or charges
by the company. Simultaneously, with the
delivery by the company of any notice of change
in rates or charges, or of any other revision or
change which would have the effect of
increasing the rates and prices to be paid to the
company by consumers of electricity in the city,
the company shall file with the city clerk of the
city a written notice in the same form as is
delivered to the electricity consumers of the
company.
Session, April 5, 2004
Nothing in this section shall be interpreted as
granting the city the right to regulate the rates of
the company.
Section 12. Reports to City Council.
The company shall file with the city clerk a true
copy of the annual report of the company
pertaining to the operation or conduct of
business of the company under this franchise.
The report may be the same as the company
shall have prepared for such year in the ordinary
course of the conduct of the business of the
company and filed with the Iowa Utilities Board.
Section 13. Company Rules.
The company shall file with the city clerk a
copy of its electric tariff as filed with the Iowa
Utilities Board. The city shall also be advised of
any changes, additions, deletions or
amendments to said tariff.
Section 14. Maps of Distribution System.
The company shall, promptly after the award
of this franchise, furnish the city manager a
detailed map or maps of its distribution system
both within the city limits and the area
immediately surrounding the city. The company
shall thereafter update the map or maps every
year showing all subsequent additions or
deletions to the distribution system. Prior to any
excavation by the city, or its agents, a
representative must contact the company
regarding current information on the location of
underground electric lines in the area
concerned. The obligation to contact the
company under this section shall be satisfied if
contact is made with a corporation organized
pursuant to Iowa Code Chapter 480 (2003) or an
entity with a similar function utilized by both the
city and the company, currently the Iowa One -
Call System. The maps required to be provided
under this section may be provided in hard -copy
format or electronic format.
Section 15. Indemnification; Insurance.
Except for claims based upon the negligence
or willful misconduct of the city, the company
shall indemnify and hold the city harmless at all
times during the term of this franchise from and
against all claims for injury or damage to
persons or property caused by the construction,
erection, operation or maintenance of its
properties, or the negligence of its contractors or
its employees. In case of any suit or action at
law being commenced against the city, upon any
claim for damage arising out of any loss, injury
or damage, claimed to have been caused by any
installation, improvement, obstruction or
excavation in any street, alley, sidewalk or public
place in the city, and which installation,
improvement, obstruction or excavation was
made or left in, under or upon such street,
sidewalk, alley or public place by said company,
its agents, contractors or employees, upon being
notified in writing by said city of such action or
proceeding, said company shall appear and
129
make proper defense thereto; and if any
judgment or decree shall in any such case be
rendered against the city therein, said company
hereby agrees to assume, pay and satisfy such
judgment or decree, with the costs thereof.
At all times during the term of this franchise,
the company shall maintain insurance as set
forth in the attached Insurance Schedule, which
schedule shall be subject to amendment by the
city council as it deems in the best interest of the
city.
Section 16. Nonassignment.
No sale, assignment or lease of this franchise
shall be effective until it is approved by the city
council and until the company has filed in the
office of the city clerk written notice of the
proposed sale, transfer, disposition or
assignment, such notice to cleady summarize
the proposed procedure and the terms and
conditions thereof. Such approval by the city
shall not be unreasonably withheld. The
proposed vendor, assignee or lessee shall
similarly file an instrument, duly executed,
reciting such proposal, accepting the terms of
this franchise and agreeing to perform all the
conditions thereof.
This provision shall not apply, however, to
sales, assignment, or transfers made pursuant
to a corporate reorganization, divestiture, or
consolidation, or to a sale of all or substantially
all of the electric distribution properties of the
company.
Section 17. Forfeiture of Franchise.
The violation of any material portion of this
franchise by the company or its successors or
assigns, or its failure promptly to perform any of
the provisions of this franchise shall be cause for
forfeiture of this franchise and the termination of
all dghts thereunder. Such forfeiture shall be
accomplished by ordinance of the city after
written notice by the city manager to the
company and a continuation of the violation,
failure or default specified in the notice for at
least thirty (30) days from the date the notice
was served, unless such default cannot
reasonably be cured within said thirty (30) days,
in which case it will be sufficient for the company
to have commenced action to cure said default
within said thirty (30) days and continue to
pursue such cure diligently thereafter.
Section 18. Severability.
If any section or provision of this ordinance is
held invalid by a court of competent jurisdiction,
such holding shall not affect the validity of any
other provisions of this ordinance which can be
given effect without the invalid portion or
portions and to this end each section and
provision of this ordinance is severable.
Section 19. Revival.
The parties recognize that over the duration of
this franchise both technological and regulatory
changes will take place which will impact the
130 Regular Session, April 5, 2004
enforceability of this ordinance or parts of it. In
recognition of such factors the parties agree that
in the event portions of this ordinance which are
now, or in the future, are found or declared
inapplicable or unenforceable, become through
a subsequent change in law or technology again
to be applicable or enforceable, such provisions
shall be revived and again form a portion of this
ordinance.
Section 20. Cure of Defaults.
If either party determines there is a default
under this franchise the other party shall be
given written notice describing the default in
detail, whether a forfeiture or termination of the
franchise will be sought and where curable a
reasonable time to cure the default which shall
not be less than thirty (30) nor more than one
hundred eighty (180) days.
Section 21. Reservation of Home Rule
Powers.
This ordinance is intended to be and shall be
construed as consistent with the reservation of
local authority contained in the Twenty Fifth
Amendment to the Iowa Constitution granting
municipalities home rule powers. To such end
any limitation on the power of the city is to be
strictly construed and the city reserves to itself
the right to exercise all power and authority to
regulate and control its local affairs and all
ordinances and regulations of the city shall be
enforceable against the company unless, and
only to the extent, they are irreconcilable with
any rights granted the company under this
ordinance.
Section 22. Acquisition at Expiration.
If at the expiration of this franchise the
company wishes to abandon the electric service
system within the city and subject to any
approval required by statute, the company shall
upon the city's request, given not earlier than
one hundred eighty (180) days before expiration
or more than ninety (90) days after, sell the
electric distribution system within the city which
is used exclusively to provide service to the
consumers of the company located within the
city to the city at a price determined by a
mutually agreeable appraiser, or if the parties
cannot within sixty (60) days of notice agree
upon an appraiser, then they shall each appoint
an appraiser and the appraisers shall appoint a
third. The price shall then be the price the
appraisers agree upon, or If they do not agree
within sixty (60) days of being appointed, the
price shall be the average of the two appraisals
which are closest in dollar amount.
This provision shall not apply, however, to
sales, assignments, or transfers made pursuant
to a corporate reorganization, divestiture, or
consolidation, or to a sale of all or substantially
all of the electric distribution properties of the
company.
Section 23. Franchise Fee.
Effective on billings after May 1, 2004 (energy
sold after approximately March 28 and for the
terms of this franchise, the company shall pay to
the city a fee equal to two percent (2 %) of the
gross revenue generated from the sale of
electricity within the City of Dubuque. The city
shall provide company with a map depicting its
current corporate boundaries and shall notify
company of any changes to the same.
The company shall on the fifteenth day of each
month, commencing May 15, 2004, provide to
the city manager in a form acceptable to the
company and the city manager records
establishing the gross revenues from the sale of
electricity by the company within the City of
Dubuque for the preceding month and shall pay
the fee to the city within thirty (30) days following
the last day of the preceding month.
The fee imposed herein shall not apply to any
sale of electricity by the company that is exempt
under Iowa Code § 422.45 from the tax imposed
by Iowa Code § 422.43 and in computing the
amount of the fee, the company shall not include
such sales, unless it is impracticable to do so, in
which event the city manager may provide for a
rebate of the amount of the fee for such exempt
sales of electricity to the company's customers.
Notwithstanding the foregoing, the fee imposed
herein shall apply to all sales of electricity by the
company to residential customers
The city council reserves the right by
amendment to this ordinance to increase or
decrease the amount of such franchise fee as it
determines to be in the public interest.
Section 24. Adoption.
This ordinance following its passage shall
become effective upon its acceptance by the
company and publication as required by law.
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE
The terms and conditions of the foregoing
ordinance are hereby accepted this 2 n° day of
March, 2004.
MAQUOKETA VALLEY ELECTRIC
COOPERATIVE
By: /s/ James Lauzon
Its CEO / Executive Vice President
It 4/9
Published officially in the Telegraph Herald
newspaper this 9th day of April, 2004.
Jeanne F. Schneider, City Clerk
It 4/9
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 Markham. Motion carried 6 -0.
Regular Session, April 5, 2004 131
Amendment to Utility Franchise Agreements
with Aquila and Alliant Energy: Proof of
publication on notice of hearing to consider
approval of an amendment to the Utility
Franchise Agreements with Aquila and Alliant
Energy to provide that the franchise fee applies
to all sales of gas or electricity to residential
customers regardless of sales tax exemptions
and City Manager recommending approval,
presented and read. Buol moved that the proof
and communication be received and filed.
Seconded by Markham. Motion carried 6 -0.
An Ordinance Amending Ordinance No. 58 -03
Establishing a franchise fee of two percent (2 %)
of the gross revenue of Interstate Power
Company, its successors and assigns,
generated from the sale of electricity within the
City of Dubuque, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 21.04
AMENDING ORDINANCE NO. 58 -03 ESTAB-
LISHING A FRANCHISE FEE OF TWO
PERCENT (2 %) OF THE GROSS REVENUE
OF INTERSTATE POWER COMPANY, ITS
SUCCESSORS AND ASSIGNS, GENERATED
FROM THE SALE OF ELECTRICITY WITHIN
THE CITY OF DUBUQUE
Whereas, City of Dubuque Ordinance No. 58-
93 (City of Dubuque Code of Ordinances
Appendix D), adopted by the City Council on the
4th day of October 1993, granted to Interstate
Power Company, its successors and assigns
(hereinafter referred to collectively as the
Company), nonexclusive authority for a period of
twenty-five (25) years to maintain and operate
its electrical system within the limits of the City
of Dubuque; and
Whereas, Ordinance No. 58 -93 provides that
the City Council may, impose a franchise fee not
to exceed three (3) percent of the gross revenue
of the Company generated from the sale of
electricity within the City of Dubuque; and
Whereas, the City Council by the adoption of
Ordinance No. 58 -03 established a franchise
fee; and
Whereas, the City Council by Ordinance No.
75 -03 amended Ordinance No. 58 -03; and
Whereas, the City Council finds it necessary to
further amend Ordinance No. 58 -03.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ordinance No. 58 -03 is amended to
read as follows:
ORDINANCE NO. 58 -03
ESTABLISHING A FRANCHISE FEE OF TWO
PERCENT (2 %) OF THE GROSS REVENUE
OF INTERSTATE POWER COMPANY, ITS
SUCCESSORS AND ASSIGNS, GENERATED
FROM THE SALE OF ELECTRICITY WITHIN
THE CITY OF DUBUQUE
Section 1. Effective October 1, 2003 and for
the term of the franchise granted by Ordinance
No. 58 -93, there is hereby imposed upon the
Company a fee equal to two percent (2 %) of the
gross revenue generated from the sale of
electricity within the City of Dubuque.
Section 2. The Company shall on the fifteenth
day of each month, commencing November 15,
2003, provide to the City Manager in a form
acceptable to the City Manager records
establishing the gross revenues from the sale of
electricity by the Company within the City of
Dubuque for the preceding month and shall pay
the fee to the City within thirty (30) days
following the last day of the preceding month.
Section 3. The fee imposed by Sec. 1 shall
not apply to any sale of electricity by the
Company that is exempt under Iowa Code §
422.45 from the tax imposed by Iowa Code §
422.43 and in computing the amount of the fee,
the Company shall not include such sales,
unless it is impracticable to do so, in which event
the City Manager may provide for a rebate of the
amount of the fee for such exempt sales of
electricity to the Company's customers.
Notwithstanding the foregoing, the fee imposed
herein shall apply to all sales of electricity by the
company to residential customers.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 9 day of April, 2004.
/s /Jeanne F. Schneider, CMC, City Clerk
1t 4/9
Buol moved that the requirement that the
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 6 -0.
An Ordinance Amending Ordinance No. 59 -03
Establishing a franchise fee of two percent (2 %)
of the gross revenue of Peoples Natural Gas
Company, its successors and assigns,
generated from the sale of natural gas or mixed
gas within the City of Dubuque, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 22 -04
AMENDING ORDINANCE NO. 59 -03
ESTABLISHING A FRANCHISE FEE OF TWO
PERCENT (2 %) OF THE GROSS REVENUE
OF PEOPLES NATURAL GAS COMPANY, ITS
132 Regular Session, April 5, 2004
SUCCESSORS AND ASSIGNS, GENERATED
FROM THE DISTRIBUTION AND SALE OF
NATURAL GAS OR MIXED GAS WITHIN THE
CITY OF DUBUQUE
Whereas, City of Dubuque Ordinance No. 43-
93 (City of Dubuque Code of Ordinances
Appendix C), adopted by the City Council on the
19th day of July, 1993, granted to Peoples
Natural Gas Company, its successors and
assigns (hereinafter referred to collectively as
the Company), nonexclusive authority for a
period of twenty -five (25) years to maintain and
operate its gas distribution system within the
limits of the City of Dubuque; and
Whereas, Ordinance No. 43 -93 provides that
the City Council may, impose a franchise fee not
to exceed three (3) percent of the gross revenue
of the Company generated from the sale of
natural and mixed gas within the City of
Dubuque;and
Whereas, the City Council by the adoption of
Ordinance No. 59 -03 established a franchise
fee; and
Whereas, the City Council by the adoption of
Ordinance No. 76 -03 amended Ordinance No.
59 -03; and
Whereas, the City Council finds it necessary to
further amend Ordinance No. 59 -03.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ordinance No. 59 -03 is amended to
read as follows:
ORDINANCE NO. 59 -03
ESTABLISHING A FRANCHISE FEE OF TWO
PERCENT (2 %) OF THE GROSS REVENUE
OF PEOPLES NATURAL GAS COMPANY, ITS
SUCCESSORS AND ASSIGNS, GENERATED
FROM THE DISTRIBUTION AND SALE OF
NATURAL GAS OR MIXED GAS WITHIN THE
CITY OF DUBUQUE
Section 1. Effective October 1, 2003 and for
the term of the franchise granted by Ordinance
No. 43 -93, there is hereby imposed upon the
Company a fee equal to two percent (2 %) of the
gross revenue generated from the sale of
natural and mixed gas within the City of
Dubuque.
Section 2. The Company shall on the fifteenth
day of each month, commencing November 15,
2003, provide to the City Manager in a form
acceptable to the City Manager records
establishing the gross revenues from the sale of
natural and mixed gas by the Company within
the City of Dubuque for the preceding month
and shall pay the fee to the City within thirty (30)
days following the last day of the preceding
month.
Section 3. The fee imposed by Sec. 1 shall
not apply to any sale of natural and mixed gas
by the Company that is exempt under Iowa
Code § 422.45 from the tax imposed by Iowa
Code § 422.43. The City shall, prior to October
1, 2003, and thereafter as persons on the
exemption list are changed by the City, provide
the Company with a list of the names of persons
who are exempt from the fee and in computing
the amount of the fee, the Company shall not
include any sales to such persons.
Notwithstanding the foregoing, the fee imposed
herein shall apply to all sales of electricity by the
company to residential customers.
The City Manager shall provide a procedure for
the rebate of the fee to persons who are partially
exempt under § 422.45 from the tax imposed by
Iowa Code § 422.43 for sales of natural and
mixed gas to the Company's customers.
Section 4. If for any reason the time and
manner of collecting, or any aspect of the
franchise fee, is challenged by or before the
Iowa Utilities Board, Company shall promptly
give notice to City and the Company shall, in
any case, diligently and continuously exercises
its efforts to sustain said fee and payments and
the time and manner of its collection. If at any
time the Iowa Utilities Board, or any other
authority having proper jurisdiction, prohibits the
City from imposing the franchise fee called for
herein, the Company will no longer be obligated
to collect and pay the franchise fee herein. The
City agrees to save harmless the Company, its
employees or agents from and against all
claims, demands, losses and expenses arising
out of the collection of the franchise fee from the
Company's customers or in remitting the
franchise fee amounts collected to the City;
provided, however, that the City shall not be
required to save harmless the Company from
claims, demands, losses and expenses arising
out of the negligence of the Company, its
employees or agents.
Section 5. The amount billed by the Company
for the sale of natural gas or mixed gas to its
customers may be adjusted for any net write -off
of uncollectible accounts and corrections of bills
theretofore rendered, and past or future
franchise fees remitted to the City may be
adjusted accordingly by the Company to reflect
the lawful or necessary correction to billing and
collection from its customers for natural gas sold
within the corporate limits of the City.
Section 6. The City shall provide copies of
annexation ordinances to the Company on a
timely basis to ensure appropriate franchise fee
collection from customers within the corporate
limits of the City.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 9 day of April, 2004.
ular Session, April 5, 2004
Jeanne F. Schneider, City Clerk
It 4/9
Buol moved that the requirement that the
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 6 -0.
Loras Boulevard Historic Lighting: Proof of
publication on notice of hearing and notice to
bidders and City Manager recommending award
of the contract for the Loras Boulevard Historic
Lighting Project to Westphal & Company, Inc., in
the amount of $110,338.68, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Nicholson.
Motion carried 6 -0.
Carleen Schroeder, 1493 Cornell St., Chris
Olson, 1090 Grove Terrace and Bob Fisch, 722
W. 11' ", all spoke in appreciation of the Council
support for this project.
RESOLUTION NO. 134 -04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 10th day of March, 2004,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Loras Boulevard Historic
Street Lighting Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 135 -04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Loras Boulevard
Historic Street Lighting Project pursuant to
Resolution No. 113 -04 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 18 day of March,
2004.
Whereas, said sealed proposals were opened
and read on the 25"' day of March, 2004, and it
has been determined that the bid of Westphal &
133
Company, Inc. of Dubuque, Iowa, in the amount
of $110,338.68 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Westphal & Company, Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 5'" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Flood Hazard Mitigation Demolition Project —
Phase II: Proof of publication on notice of
hearing and notice to bidders and City Manager
recommending award of the contract for the
Flood Hazard Mitigation Demolition Project —
Phase II to Top Grade Excavating, Inc., in the
amount of $18,384, presented and read.
Markham moved that the proof and
communication be received and filed.
Seconded by Cline. Motion carried 6 -0.
RESOLUTION NO. 136 -04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 3rd day of March, 2004,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Flood Hazard Mitigation
Demolition Project— Phase Il.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 6 -0.
134 Regular Session, April 5, 2004
RESOLUTION NO. 137.04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Flood Hazard
Mitigation Demolition Project — Phase II,
pursuant to Resolution No. 85 -04 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 5 day of
March, 2004.
Whereas, said sealed proposals were opened
and read on the 18th day of March, 2004 and it
has been determined that the bid of Top Grade
Excavating, Inc., in the amount of $18,384.00
was the lowest bid for the furnishings of all labor
and materials and performing the work as
provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the contract for the above improvement
be awarded to Top Grade Excavating, Inc., and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, adopted and approved this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 6 -0.
Nicholson moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 6 -0.
ACTION ITEMS
Dubuque Humane Society: Communication
from Mona Woodward, President of the Board of
Directors of the Dubuque Humane Society,
regarding the Purchase of Service Agreement
between the City and the Dubuque Humane
Society and requesting an increase in the
amount and City Manager responding to the
request of the Dubuque Humane Society and
asking that the issue be referred to staff,
presented and read.
Attorney Jennifer Clemens Conlon, as a
member of the Dubuque Humane Society Board
of Directors, spoke explaining the need for
additional funds.
Cline moved that the communications be
received and filed and referred to the City
Manager. Seconded by Nicholson. Motion
carried 6 -0.
Dubuque Nursery and Landscaping — UDAG
Loan: City Manager recommending approval of
a $20,000 UDAG Loan to Dubuque Nursery and
Landscaping, a new nursery and landscaping
business, for the purchase and renovation of the
former Hopper's Nursery on Jackson Street,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 6 -0.
RESOLUTION NO. 138.04
APPROVING LOAN AGREEMENT WITH
DUBUQUE NURSERY AND LANDSCAPE
Whereas, an application for a City UDAG loan
has been made by Dubuque Nursery and
Landscape,and
Whereas, Dubuque Nursery and Landscape
proposes to operate a business at 2813 Jackson
Street, and
Whereas, the City of Dubuque has Urban
Development Action Grant (UDAG) funds
available to assist in projects that contribute to
the local economy;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the redevelopment of the
property at 2813 Jackson Street will have a
beneficial impact on the neighborhood, and will
result in new job creation in the neighborhood
and the City of Dubuque.
Section 2. That the Loan Agreement by and
between the City of Dubuque, and the Dubuque
Nursery and Landscape attached hereto is
hereby approved.
Section 3. That the City Manager is authorized
to execute, on behalf of the City of Dubuque,
Iowa, said Loan Agreement in substantially the
form attached hereto, but with such changes as
the City Manager, with the assistance of the
Corporation Counsel, find to be appropriate, the
City Manager's execution thereof to constitute
this City Council's approval of said Loan
Agreement.
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Port of Dubuque Remediation Contract: City
Manager recommending approval of a contract
with Terracon as the environmental design and
remediation consultant for petroleum cleanup in
the Port of Dubuque, presented and read. Cline
moved to received and filed the communication.
Seconded by Nicholson. Motion carried 6 -0.
Regular Session, April 5, 2004 135
RESOLUTION NO. 139 -04
RESOLUTION CONFIRMING SELECTION OF
TERRACON TO PROVIDE ENVIRONMENTAL
DESIGN AND REMEDIATION SERVICES FOR
PETROLEUM CLEANUP IN THE PORT OF
DUBUQUE.
Whereas, the City of Dubuque, Iowa has
identified the need to clean up a petroleum
contamination site in the Port of Dubuque; and
Whereas, the City has received a $200,000
Brownfield Cleanup Grant from the U.S.E.P.A.
and a $142,655 Brownfield Grant from the State
of Iowa to assist this effort; and
Whereas, Terracon has provided a proposal to
complete the environmental design and
remediation of the contaminated property in the
Port of Dubuque; and
Whereas, a Selection Committee of City staff
members has interviewed four environmental
engineering consultant firms before making its
recommendation.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a contract with Terraoon for
professional services to provide environmental
design and remediation services for petroleum
cleanup in the Port of Dubuque is hereby
approved.
Section 2. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, a contract
with Terracon for consultant services not to
exceed $545,000.
Passed, approved and adopted this 5th day of
April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6 -0.
Dubuque Racing Association: City Manager
recommending approval of the new expansion
plan for the City -owned Dubuque Greyhound
Park and Casino, presented and read.
Bruce Wentworth and Brian Southwood of the
Dubuque Greyhound Park and Jim Kolf of the
Durrant Group spoke in support of the
expansion plan.
Markham moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 6 -0.
Transit Alternatives Analysis: City Manager
recommending approval of the selection of the
"no- build" alternative that includes the
implementation of the two diesel - powered
American Heritage Streetcars to provide a better
transit link between the Port of Dubuque and the
downtown area, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 6 -0.
Parking Meter Ordinance: City Manager
recommending approval of an amendment to the
Code of Ordinances Section 32 -337 allowing for
a forty- minute time limit on parking meters,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 6 -0.
An Ordinance Amending Section 32 -337
Parking fee schedule of the City of Dubuque
Code of Ordinances, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 6-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23 -04
AMENDING SECTION 32 -337 PARKING FEE
SCHEDULE OF THE CITY OF DUBUQUE
CODE OF ORDINANCES
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 32 -337 of the City of
Dubuque Code of Ordinances is amended by
adding the following new paragraph 6 to read as
follows:
Sec. 32 -337. Fee Schedule:
Subject to the limitations provided in this
division, parking meters, when installed and
properly operated, shall show legal parking upon
and after deposit of United States coins in
accordance with the following schedule:
(6) Forty (40) minute parking meters shall show
legal parking for seventy-five cents
($0.75) per hour, but not more than a total of
forty (40) minutes at any one time.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 5" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 9� day of April, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t 4/9
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 Michalski. Motion carried 6 -0.
Fire Lane Violations: City Manager recom-
mending approval of an amendment to the Code
of Ordinances to better define fire lane locations
and to increase the violation fine to $50.00,
136 Regular Session, April 5, 2004
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 6 -0.
An Ordinance Amending City of Dubuque
Code of Ordinances Section 32 -269 Fire Lanes,
authorizing the Fire Chief to designate fire lanes,
prohibiting obstruction of fire lanes, providing for
signs and markings of fire lanes, and
establishing a penalty for violations thereof;
amending City of Dubuque Code of Ordinances
Section 32 -279 Parking Violations by adding
thereto Paragraph (9) Fire Lane Violation,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 24 -04
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 32 -269 FIRE LANES,
AUTHORIZING THE FIRE CHIEF TO
DESIGNATE FIRE LANES, PROHIBITING
OBSTRUCTION OF FIRE LANES, PROVIDING
FOR SIGNS AND MARKINGS OF FIRE
LANES, AND ESTABLISHING A PENALTY
FOR VIOLATIONS THEREOF; AMENDING
CITY OF DUBUQUE CODE OF ORDINANCES
SECTION 32.279 PARKING VIOLATIONS BY
ADDING THERETO PARAGRAPH (9) FIRE
LANE VIOLATION
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Sec. 32 -269. Fire Lanes is
amended to read as follows:
(a) Designation. The Fire Chief or the Fire
Chiefs designee may designate fire lanes on
private and public property as deemed
necessary for the protection of life and property.
(b) Obstruction. No person, other than a
person operating an authorized emergency
vehicle, shall stop, stand, or park a vehicle, or
place or keep any other obstruction or thing in a
designated fire lane that would prevent such fire
lane from being immediately accessible to the
Fire Department nor in any other manner deter
or hinder the Fire Department from gaining
immediate access to the fire lane. A written
request for the temporary obstruction of a fire
lane shall be submitted to the Fire Chief or the
Fire Chief's designee for approval.
(c) Signs and Markings. Wherever a fire lane
has been designated, the Fire Chief or the Fire
Chief's designee shall cause appropriate signs
and markings to be placed identifying such fire
lane. Signs shall be 18 inches tall x 12 inches
wide, with red letters on a white reflective
background and read "Fire Lane -No Parking
Except for Emergency Vehicles, Fine $50 ".
Signs shall be permanently mounted with the
front of the sign set at 90 degrees to the street
facing the direction of travel or posted on
building as approved by the Fire Chief or the
Fire Chiefs designee. Signs shall be placed not
less than two (2) nor more than four (4) feet from
the edge of the street. The top of the sign shall
be approximately 6 feet from the ground.
Intermediate fire lane signs shall be set every 50
feet in a continuous fire lane. A "BEGINS" sign
shall mark the beginning of a fire lane and shall
be mounted below the first fire lane sign. An
"ENDS" sign shall mark the ending of a fire lane
and shall be mounted below the last fire lane
sign. In addition such signs, fire lanes shall be
painted traffic red.
(d) Penalty; Towing. In addition to the fine for
a violation of this section as provided in Sec. 32-
279, whenever a vehicle is found stopped or
parked in violation of this section, a police officer
may cause such vehicle to be removed from the
fire lane to a place of safekeeping, and the fee
together with any other necessary expense
incurred in such removal shall be assessed
against the vehicle and shall be paid before it is
released.
Section 2. Sec. 32 -279. Parking Violations —
Fines is amended by adding thereto the
following:
(9) Fire Lane Violation as provided in Sec. 32-
269: fifty dollars ($50.00).
Section 3. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 5th day of
April, 20014.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9 1h day of April, 2004.
Jeanne F. Schneider, City Clerk
1 t 4/9
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 Markham. Motion carried 6 -0.
Local Non -Law Enforcement Criminal History
Records: City Manager recommending approval
of an amendment to the Code of Ordinances
Section 38 -31 Service Charges by adding the
requirement of a service charge of $10 for a
non -law enforcement local criminal history
record request, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 6 -0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 38 -31 Service
Charges by adding a service charge for a non -
law enforcement local criminal history record,
presented and read.
Regular Session, April 5, 2004 137
OFFICIAL PUBLICATION
ORDINANCE NO. 25 -04
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 38 -31 SERVICE
CHARGES BY ADDING A SERVICE CHARGE
FOR A NON -LAW ENFORCEMENT LOCAL
CRIMINAL HISTORY RECORD
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Sec. 38 -31. Service Charges:
(a) Persons requesting assistance from the
Police Department for opening any motor
vehicle or gaining entrance to any structure shall
pay to the City a twenty -five dollar ($25.00)
service charge per call.
(b) Non -Law Enforcement persons requesting
a local criminal history record from the Police
Department shall pay to the City a ten dollar
($10.00) service charge per local criminal history
record requested.
(c) Nothing in this Section shall be interpreted
as requiring or assuring any specific response
by the Police Department.
Passed, approved and adopted this 5th day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9 day of April, 2004.
Jeanne F. Schneider, City Clerk
1 t 4/9
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 Markham. Motion carried 6 -0.
Certificate of Occupancy Standards: City
Manager recommending approval of an
amendment to the Code of Ordinances by
adding a requirement that structures may not be
occupied until required site plan improvements
have been made, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 6-
0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 11 -2 International
Building Code by adding a new section requiring
installation and completion of site plan
requirements prior to issuance of certificates of
occupancy, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 26 -04
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 11 -2 INTERNATIONAL BUILDING
CODE — AMENDMENTS BY ADDING A NEW
SECTION REQUIRING INSTALLATION AND
COMPLETION OF SITE PLAN REQUIRE-
MENTS PRIOR TO ISSUANCE OF
CERTIFICATES OF OCCUPANCY.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -2 of the City of
Dubuque Code of Ordinances is hereby
amended by adding Section 110.3: Certificate
issued and requiring installation and completion
of site plan improvements prior to issuance of
Certificates of Occupancy.
Section 110.3: Section 110.3 "Certificate
issued ", is hereby amended by adding a new
section as follows:
Section 110.3 Certificate issued. After the
building official inspects the building or structure
and finds no violations of the provisions of this
code or other laws that are enforced by the
department or other City departments, the
building official shall issue a certificate of
occupancy that shall contain the following:
The building permit number.
The address of the structure.
The name and address of the owner.
A description of that portion of the structure for
which the certificate is issued.
A statement that the described portion of the
structure has been inspected for compliance
with the requirements of this code for the
occupancy and division of occupancy and the
use for which the proposed occupancy is
classified.
The name of the building official.
The edition of the code under which the permit
was issued.
The use and occupancy, in accordance with
Chapter 3.
The type of construction as defined in Chapter
6.
The design occupant load.
If an automatic sprinkler is provided, whether
the sprinkler system is required.
Any special stipulations and conditions of the
building permit.
No occupancy permits for a new structure shall
be issued until all storm water control, sanitary
sewer, water mains, off - street parking facilities
and all other site plan requirements have been
constructed and approved by the City, and are
fully operational.
Section 2. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 5 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9" day of April, 2004.
138 Regular Session, April 5, 2004
Jeanne F. Schneider, City Cleric
1t 4/9
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 Markham. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Michalski mentioned that Dubuque was the
recent recipient of various Main Street Iowa
Governor's Awards.
At 7:42 P.M. Buol moved to go into Closed
Session re: Pending Litigation and Property
Acquisition — Chapter 21.5(1)(c)(j) 2003 Code of
Iowa. Seconded by Markham. Motion carried
6 -0.
At 8:11 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Cline moved
to adjourn. Seconded by Buol. Motion carried
6 -0. The meeting adjourned at 8:12 P.M.
JJ /
Clerk
/s/ Jeanne F. Schneider, CIVIC
City Clerk
1 t 4/14
Special Session, April 19, 2004 139
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Meeting, Special Session, April
19, 2004
Council Met in Special Session at 5:20 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson (by telephone), City Manager Michael
Van Milligan, Corporation Counsel Barry Lindahl
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing the privatization of the
Five Flags Civic Center.
Council discussed the privatization of the Five
Flags Civic Center. Gil Spence reviewed the
final report of the Five Flags Review Committee
in considering how the Five Flags Center could
reduce the amount of property tax support and
whether or not the Five Flags Center should be
privatized. Representatives of the three firms
that responded to the Request for Proposals for
private management — Compass, Kinseth and
SMG — spoke briefly on their proposals. Council
directed that this issue should be on an
upcoming City Council agenda and that the
three firms should be prepared to discuss their
proposals and to answer speck questions.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7 -0. The meeting adjourned at
6:34 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
It 4/28
140 Regular Session, April 19, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Meeting, Regular Session, April
19, 2004
Council Met in regular session at 6:35 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson (by telephone), City Manager Michael
Van Milligan, Corporation Counsel Barry Lindahl
Notice of Claims /Suits: Sharon Krohn for
property damage; Joanne E. Temperly for
personal injury, presented and read. Buol
moved that the claims be referred to the Legal
Staff for investigation and report. Seconded by
Markham. Motion carried 7 -0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Joanne
Temperly for personal injury, presented and
read. Buol moved that the communication be
received and filed and concurred. Seconded by
Markham. Motion carried 7 -0.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend John
Sorenson, Pastor of Lord of Life Lutheran
Church.
Presentation: Ray Owensby and Ken Roeder
presented the "Seven Seals Award" and
"Statement of Reserve Award" to the City of
Dubuque from the Employer Support of the
Military Guard and Reserves Group.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 4/5; Community Development Advisory
Commission of 3/10; Historic Preservation
Commission of 3/18; Housing Commission Trust
Fund of 3/11 and 3/26; Park and Recreation
Commission of 319; Zoning Board of Adjustment
of 3/25, presented and read. Buol moved that
the communications be received and filed.
Seconded by Markham. Motion carried 7 -0.
Library Board of Trustees Update from
Meeting of March 25, 2004, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7 -0.
Proof of publication of List of Claims and
Summary of Revenue for the month ending
February 28, 2004, presented and read. Buol
moved that the proof be received and filed.
Seconded by Markham. Motion carried 7 -0.
Ken TeKippe, Finance Director, submitting the
City of Dubuque Financial Reports for the month
ending March 31, 2004, presented and read.
Buol moved that the communication and report
be received and filed. Seconded by Markham.
Motion carried 7 -0.
Corporation Counsel recommending
settlement of the claim of Sharon Krohn and that
Finance Department issue payment, presented
and read. Buol moved that the communication
be received and filed and concurred and
Finance Department to issue payment.
Seconded by Markham. Motion carried 7 -0.
Request to Purchase City Property:
Communication from Randy Davis, 825 Salem
Street, and Ron, Margaret and Ben Mueller, 855
Salem Street, requesting to purchase of a
portion of a City-owned alley abutting their
property, presented and read. Buol moved that
the communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7 -0.
Federal COPS Grant Opportunity: City
Manager recommending approval for the Police
Department to participate with the Governor's
Office of Drug Control Policy regarding
establishment of an eighteen county
Methamphetamine Clandestine Laboratory Drug
Task Force and the addition of one full -time
Police Officer through the grant program,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7 -0.
Five Flags Theater — Paint Exterior Facade
Project: City Manager recommending
acceptance of the Five Flags Theater — Paint
Exterior Facade Project as completed by
Jackson Tuckpointing Company, Inc, in the final
contract amount of $38,300, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7 -0.
RESOLUTION NO. 140 -04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Five Flags
Theater — Painting Exterior Facade Project has
been completed and the City Manager has
Regular Session, April 19, 2004 141
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans and
specifications and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 141 -04
FINAL ESTIMATE
Whereas, the contract for the Five Flags
Theater — Paint Exterior Facade Project has
been completed and the Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $38,300.00, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Northeast Iowa School of Music for Uptown
Recreation Programs — Fiscal Year 2005
Agreement: City Manager recommending
approval of the grant agreement with the
Northeast Iowa School of Music to provide
music lessons in Fiscal Year 2005 as part of the
Uptown Recreation Program, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7 -0.
ISU Extension Services for Uptown Recreation
Programs — Fiscal Year 2005 Agreement: City
Manager recommending approval of a grant
agreement with the ISU Extension Services to
provide summer programs in Fiscal Year 2005
as part of the Uptown Recreation Program,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7 -0.
Dubuque Museum of Art for Uptown
Recreation Programs — Fiscal Year 2005
Agreement: City Manager recommending
approval of the grant agreement with the
Dubuque Museum of Art to provide summer art
programs in Fiscal Year 2005 as part of the
Uptown Recreation Program, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7 -0.
Four Mounds Foundation for Summer Day
Camp Program — Fiscal Year 2005 Agreement:
City Manager recommending approval of the
grant agreement with the Four Mounds
Foundation to provide the summer day camp
program in Fiscal Year 2005 as part of the
Uptown Recreation Program, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7 -0.
Grand River Center Bid Package #2 Project:
City Manager recommending acceptance of the
Grand River Center Bid Package #2 Project as
completed by Canam Steel Corporation in the
final contract amount of $411,323, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7 -0.
RESOLUTION NO. 142 -04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Education and
Conference Center (Grand River Center) Bid
Package 2 has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and is hereby directed to pay to
the contractor in the amount equal to the amount
of this contract.
Passed, approved and adopted this 19th day
of April, 2004.
142 Regular Session, April 19, 2004
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 143 -04
FINAL ESTIMATE
Whereas, the contract for the Education and
Conference Center (Grand River Center) Bid
Package 2 has been completed and the Building
Services Manager has submitted his final
estimate showing the cost thereof.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $411,323.00 and the
said improvement shall be paid for by the City as
provided for therein.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Bonson Road Watermain: City Manager
recommending acceptance of the Bonson Road
Watermain Project as completed by McDermott
Excavating in the final contract amount of
$21,429.95, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 144-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Bonson Road
Watermain Extension Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2003
Watermain Extension Fund in an amount equal
to the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 145.04
FINAL ESTIMATE
Whereas, the contract for the Bonson Road
Watermain Extension Project has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $23,093.15 and the
said amount shall be paid from the Fiscal Year
2003 Watermain Extension Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Napier Street Storrs and Sanitary Sewer
Extension Project: City Manager recommending
acceptance of the Napier Street Storm and
Sanitary Sewer Extension Project as completed
by Fondell Excavating of Dubuque, Iowa, in the
final contract amount of $100,631.22, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7 -0.
RESOLUTION NO. 146 -04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Napier Street
Storm and Sanitary Sewer Reconstruction
Project has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2002
General Fund and the Fiscal Year 2002 Sanitary
Sewer Construction Fund in amount equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this W day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Regular Session, April 19, 2004 143
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 147 -04
FINAL ESTIMATE
Whereas, the contract for the Napier Street
Storm and Sanitary Sewer Reconstruction
Project has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $104,339.22 and the
said amount shall be paid from the Fiscal Year
2002 General Fund and the Fiscal Year 2002
Sanitary Sewer Construction Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Southwest Arterial — Request for Proposals:
City Manager recommending approval of a
Request for Proposal for the preliminary
highway design — major facilities of IA 32
(Southwest Arterial), presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7 -0.
Cable TV Regulatory and Teleprogramming
Commissions: Communication from Merrill
Crawford, Cable Franchise Administrator,
advising of the resignation of Kevin Nekvinda
from the Cable TV Regulatory Commission and
Dan Wilant from the Cable Community
Teleprogramming Commission, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7 -0.
Legislative Correspondence:
City Manager correspondence to Senators
Chuck Grassley and Tom Harkin urging their
continued support of funding for Iowa Highway
32 (Southwest Arterial), presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7 -0.
City Manager correspondence to State
Representatives requesting their support of HSB
728 which implements a moratorium on the
reclassification of certain apartment facilities
from commercial to residential, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7 -0.
City Manager correspondence to area
legislators requesting their support of an
amendment to Senate Study Bill 3169 which
changes the qualifying date to a two -year date
prior to project completion for qualifying for State
historic tax credits, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0.
City Manager correspondence to area
legislators requesting their opposition to S 5150,
an amendment to House File 686, regarding Tax
Increment Financing, presented and read. Buol
moved that the communications be received and
filed. Seconded by Markham. Motion carried 7-
0.
Code of Ordinance Supplement No. 61: City
Manager recommending adoption of
Supplement No. 61 to the City of Dubuque Code
of Ordinances, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 148 -04
ADOPTING SUPPLEMENT NO. 61 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council„ pursuant to Ordinance No. 34 -89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to
and including December 19, 1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 60 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 8 -04 enacted through February 16th, 2004
and prepared by the Sterling Codifiers, Inc,
Coeur D' Alene, ID hereto filed in the Office of
the City Clerk of the City of Dubuque, Iowa be
and is hereby adopted and becomes part of the
Code of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
144 Regular Session, April 19, 2004
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Notice of Intent to Request Release of Funds —
Fiscal Year 2005 CDBG Programs: City
Manager recommending approval of the
publication of a Notice of Intent to Request
Release of Funds for Community Development
Block Grant (CDBG) program activities,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7 -0.
RESOLUTION NO. 149 -04
A RESOLUTION AUTHORIZING PUBLICA-
TION OF A NOTICE OF INTENT TO REQUEST
RELEASE OF FUNDS FOR CERTAIN
COMMUNITY DEVELOPMENT BLOCK
GRANT PROJECTS FOR FISCAL YEAR 2005
(PROGRAM YEAR 2004)
Whereas, the City of Dubuque will enter into a
Grant Agreement for the Fiscal Year
commencing July 1, 2004, with the U.S.
Department of Housing and Urban
Development, providing for financial assistance
to the City under Title I of the Housing and
Community Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
the hereinafter listed projects to be financed with
Community Development Block Grant funds;
and
Whereas, a notice of 'Intent to Request
Release of Funds" for said projects will be sent
by regular mail to various tribal, federal, state
and local public agencies; to the appropriate
Regional Office of the Environmental Protection
Agency, to the HUD Field Office and to the local
news media, individuals and groups known to be
interested and believed to be appropriate to
receive such a notice; and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a Notice of
Intent to Request Release of Funds for the
following identified projects and to make the
Environmental Review Record for said projects
available for public inspection and comment until
5:00 p.m. on April 30 2004. Such notice shall be
in the form of Exhibit "A" attached hereto and
made a part hereof.
Community Development Block Grant Annual
Plan Projects
Program Year 2004 (Fiscal Year 2005)
Housing Programs: First Time Home Buyer
Program; Historic Preservation; Homeowner
Rehabilitation (Operation: Paintbrush; Operation
Upkeep; Residential Rehabilitation Loan
Program; Sewer Connection Loan); Housing
Administration Services and Staff; Housing
Code Enforcement; Housing Rehabilitation
Services and Staff; Housing Trust; Lead Paint
Hazard Abatement; Purchase /Rehabilitation /
Resale; Rental Unit Rehabilitation (Emergency
Code Enforcement Loan Program; Moderate
Income Rental Rehab Loan Program;
Accessibility Rehab; Single Room Occupancy
Rehab);
Neighborhood and Community Development
Programs: Accessible Curb Ramps; Child Care
Resource and Referral; Community Partnership
Program (cp2); Deer Management Food
Program; Dubuque Dispute Resolution Center;
Information and Referral Service; Leadership
Training; Neighborhood Development Services
and Staff; Neighborhood Support Grants;
Neighborhood Infrastructure Improvements
(Neighborhood Street Overlays; Neighborhood
Sidewalk Program; Neighborhood Step/Wall
Repair); Neighborhood Recreation Program;
Senior Center; Washington Tool Library; Zoning
Inspection/ Enforcement
Economic Development Programs: Economic
Development Financial Assistance Program;
Economic Development Program Services and
Staff
Planning and Administration: CDBG
Administration Services and Staff; Finance
Services and Staff; City Planning Services;
Planning Administration
No funds will be committed prior to completion
of a review for other related laws of 24 CFR
58.5, including Section 106, for site - specific
projects that are currently unidentified.
Section 2. That the environmental review
record for each of the projects shall be placed
on file in the Office of the Housing and
Community Development Department, 1805
Central, Dubuque Iowa where said record may
be examined and copied by any interested party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development seven (7) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said projects.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
Regular Session, April 19, 2004 145
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to
environmental review, decision- making and
action.
Section 6. That the Mayor of the City of
Dubuque is and he is hereby authorized and
directed to execute a Request for Release of
Funds and Certification.
Passed, approved and adopted this 19`" day of
April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Dubuque Water Ski Club Lease: City Manager
recommending approval of a lease with the
Dubuque Water Ski Club for approximately five
acres of Schmitt Island, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7 -0.
Sully Transport Lease Agreement: City
Manager recommending approval of entering
into a month -to -month lease agreement with
Sully Transport, Inc. for a portion of a City-
owned parking lot on 16 and Sycamore
Streets, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7 -0.
Letter of Appreciation: Communication from
William C. Fuerste, 1360 South Grandview
Avenue, expressing appreciation to City of
Dubuque employees for their assistance,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7 -0.
Business Licenses:
RESOLUTION NO. 150 -04
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Kwik Stop C- Store Rainbo Oil Company
2335 University Ave
Passed, approved and adopted this 19'" day of
April, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 151 -04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Rainbo Oil Co, Kwik Stop C- Store+
(Sunday Sale) 2335 University
Sahajanand Enterprises Paro Food Mart+
(Sunday Sale) 3200 Central
Kwik Trip Inc. Tobacco Outlet # 504
806 Wacker
Mulgrew Oil 16'" St Auto/Truck Plaza+
(Sunday Sale) 1215 E. 16
Mc Cann's Service Inc McCann's
Service +(Sunday Sale) 690 W Locust
TFM Co. Oky Doky # 2+
(Sunday Sale) 51 W. 32 n St
TFM Co. Oky Doky # 1+
(Sunday Sale) 250 W. 1'' St
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Catfish Festival Catfish Festival+
(Sunday /Outdoor Sale) 1850 Hawthorne
DubuqueFest DubuqueFest+
(Sunday /Outdoor Sale) 7 Th & Main
Music N More Music N More -Tent A
600 -800 Main
Music N More Music N More- Tent B
600 -800 Main
Music N More Music N More- Tent C
600 -800 Main
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7 -0.
Michalski expressed concern about issues with
the Bricktown liquor license.
RESOLUTION NO. 152-04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
146 Regular Session, April 19, 2004
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "A" LIQUOR LICENSE
Dubuque Lodge # 355 Dbq Moose Lodge# 355+
(Sunday Sale) 1166 Main St
CLASS "C" BEER/LIQUOR LICENSE
Bodine's LLC Bodine's+
(Sunday Sale) 1445 Central Ave
Cooper Management LLC Stonewall Lounge
/ Bricktown +(Sunday Sale) 299 Main St
Knights of Columbus #510 Knights of
Columbus +(Sunday Sale) 781 Locust St
Donna Ginter West Dubuque Tap+
(Sunday Sale) 1701 Asbury
SPECIAL CLASS "C" (BW) LIQUOR
(5 —DAY EVENT)
Dubuque Arts Council Dubuque Arts Council
500 E 4" St
SPECIAL CLASS "C" (BW) LIQUOR
TFM Company Oky Doky # 1
250 Bluff St
Mary Loney Bichell Mississippi Mug
373 Bluff St
(Extended Outdoor sale - parking lot for Summer
dates)
Passed, approved and adopted this 19 day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7 -0.
ITEMS TO BE SET FOR PUBLIC HEARING
Lease Agreement with Hoffmann Schneider
Funeral Home: City Manager recommending
that a public hearing be set for May 3, 2004 to
consider a lease agreement with Hoffmann
Schneider Funeral Home for a section of
Jackson Park, presented and read. Cline moved
that the communication be received and filed
and set it for public hearing on 513/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 7 -0.
Iowa, in accordance with an agreement adopted
by City Council on February 16, 2004 with
Kivlahan Farms, LLC., presented and read.
Cline moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7 -0.
RESOLUTION NO. 153 -04
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST AND VACATE A RIGHT -OF -WAY
EASEMENT OVER LOT N ARBOR ESTATES,
BEING A PART OF THE SE '/. OF THE SE 1 /4
OF SECTION 9, T89N, R2E, 5 TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, Kivlahan Farms, LLC is the current
owner of a parcel described as Lot N Arbor
Estates, being a part of the SE % of the SE % of
Section 9, T89N, R2E, 5" P.M. in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, a 10 -foot wide right -of -way
easement is currently platted on the easterly
side of said parcel; and
Whereas, Kivlahan Farms, LLC has petitioned
to vacate a portion of the right -of -way easement
in said parcel.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest and vacate the 10 -foot
wide right -of -way easement along the easterly
line of Lot N Arbor Estates in the City of
Dubuque, Dubuque County, Iowa, as shown on
the attached Exhibit A.
Section 2. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to be published as prescribed under
Section 364.7 Code of Iowa, 2003 or amended.
Passed, approved and adopted this 19'" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 5/3/04 at a meeting
to commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Markham. Motion carried 7 -0.
Fiscal Year 2004 Budget Amendment: City
Manager recommending that a public hearing be
set for May 3, 2004 to consider the fourth
amendment to the Fiscal Year 2004 budget,
presented and read. Cline moved that the proof
be received and filed. Seconded by Markham.
Motion carried 7 -0.
Right -of -Way Easement: City Manager
recommending that a public hearing be set for
May 3, 2004 to consider vacating a 10 -foot wide
right -of -way easement in the City of Dubuque,
RESOLUTION NO. 154 -04
SETTING THE DATE FOR THE PUBLIC
HEARING ON AMENDMENT NO. 4 TO THE
Regular Session, April 19, 2004 147
FISCAL YEAR 2004 BUDGET FOR THE CITY
OFDUBUQUE
Whereas, Iowa Code Section 384.16 provides
that the City Council shall set a time and place
for a public hearing on amendments to the
budget and publish notice before the hearing as
provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct
a public hearing on proposed Amendment No. 4
to the Fiscal Year 2004 budget for the City of
Dubuque at the Carnegie Stout Public Library
Auditorium, 360 West 11th Street, Dubuque,
Iowa, on Monday, May 3, 2004, beginning at
6:30 p.m.
Section 2. That the City Clerk be and is hereby
authorized and directed to publish notice of the
public hearing, according to law, together with
the required budget information.
Passed, approved and adopted this 19 day of
April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set date of public hearing which is 5/3/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law..
Seconded by Markham. Motion carried 7 -0.
2004 Curb Ramp Installation — CDBG Project
No. 1: City Manager recommending initiation of
the public bidding process for the 2004 Curb
Ramp Installation — CDBG Project No. 1 and
that a public hearing be set for May 3, 2004,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 156.04
FIXING D ATE OF HEARING ON PLANS AND
SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the 2004 Curb Ramp Installation — CDBG
Project No. 1.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 3r
day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution setting
the public hearing for the 3 r day of May, 2004 at
a meeting to commence at 6:30 P.M. in the
public library auditorium and direct the City Clerk
to publish notice in the manner prescribed by
law. Seconded by Markham. Motion carried 7-
0.
RESOLUTION NO. 155 -04
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the 2004 Curb
Ramp Installation — CDBG Project No. 1 in the
estimated amount $46,488.75 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 157 -04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 2004 Curb Ramp Installation — CDBG
Project No. 1 is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
148 Regular Session, April 19, 2004
the 27 day of April, 2004. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 3'" day of May, 2004.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
Samuel Street Repair Project: City Manager
recommending initiation of the public bidding
process for the Samuel Street Repair Project
and that a public hearing be set for May 17,
2004, presented and read. Cline moved that the
communication be received and filed.
Seconded by Markham. Motion carded 7 -0.
RESOLUTION NO. 158 -04
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Concrete
Section Repair and Overlay of Samuel Street in
the estimated amount $115,964.31 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 159 -04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Concrete Section Repair and Overlay of
Samuel Street.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on the 17"
day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 19`" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 5/17/04 at a meeting to
commence at 6:30 p.m, in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 160 -04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Concrete Section Repair and Overlay
of Samuel Street is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 6th day of May, 2004. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 17 day of May, 2004.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
26 Street Storm Sewer Extension Project:
City Manager recommending initiation of the
public bidding process for the 26 Street Storm
Sewer Extension Project and that a public
hearing be set for May 17, 2004, presented and
read. Cline moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7 -0.
RESOLUTION NO. 161 -04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Regular Session, April 19, 2004 149
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the 26 Street
Storm Sewer Extension Project, in the estimated
amount $40,542.49 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 19" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 162 -04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the 26 Street Storm Sewer Extension
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 17
day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 19'" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set hearing for 5117/04 at a meeting to
commence at 6:30 p.m. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 163 -04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 26'" Street Storm Sewer Extension
Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty -five days
prior to the receipt of said bids at 2:00 p.m. on
the 6" day of May, 2004. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 17 day of May, 2004.
Passed, adopted and approved this 19" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
2004 Asphalt Paving Program: City Manager
recommending initiation of the public bidding
process for the 2004 Asphalt Paving Program
and that a public hearing be set for May 17,
2004, presented and read. Cline moved that the
communication be received and filed.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 164 -04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, forth
of contract and estimated cost for the 2004
Asphalt Paving Project (Fiscal Year 2005), in the
estimated amount $1,371,722.39 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0.
RESOLUTION NO. 165 -04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
150 Regular Session, April 19, 2004
of the 2004 Asphalt Paving Project (Fiscal Year
2005).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 17
day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 19` day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 5/17/04 at a meeting to
commence at 7:30 P.M. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 7 -0
RESOLUTION NO. 166 -04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 2004 Asphalt Paving Project (Fiscal
Year 2005) is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty -five days
prior to the receipt of said bids at 2:00 p.m. on
the 6 16 day of May, 2004. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 17 day of May, 2004.
Passed, adopted and approved this 19'" day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0
Police Department Remodeling Project: City
Manager recommending initiation of the Police
Department Remodeling Project and that a
public hearing be set for June 7, 2004,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Markham. Motion carried 7 -0
RESOLUTION NO. 167 -04
PRELIMINARY APPROVAL OF PLANS AND
SPECIFICATIONS FOR THE REMODELING
OF CERTAIN AREAS OF THE CITY OF
DUBUQUE POLICE DEPARTMENT AT THE
DUBUQUE LAW ENFORCEMENT CENTER
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the police
remodeling for the investigative area of the City
of Dubuque police department at the Dubuque
Law Enforcement Center in the estimated
amount of $109,295 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0
RESOLUTION NO. 168 -04
FIXING DATE OF HEARING ON PLANS AND
SPECIFICATIONS FOR THE REMODELING
OF CERTAIN AREAS OF THE CITY OF
DUBUQUE POLICE DEPARTMENT AT THE
DUBUQUE LAW ENFORCEMENT CENTER
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval to the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
for the Remodeling of Certain Areas of the City
of Dubuque Police Department at the Dubuque
Law Enforcement Center.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing be held on the 7th day of
June, 2004, at 6:30 p.m. in the Public Library
Auditorium, 11 & Locust, Dubuque, Iowa, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
Regular Session, April 19, 2004 151
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set the public hearing for 6/7/04 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and direct the city clerk to publish
notice in the manner required by law. Seconded
by Markham. Motion carried 7 -0.
RESOLUTION NO. 169-04
ORDERING BIDS FOR THE REMODELING OF
CERTAIN AREAS OF THE CITY OF
DUBUQUE POLICE DEPARTMENT AT THE
DUBUQUE LAW ENFORCEMENT CENTER
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Remodeling of Certain Areas of the
City of Dubuque Police Department at the
Dubuque Law Enforcement Center is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the Remodeling of Certain
Areas of the City of Dubuque Police Department
at the Dubuque Law Enforcement Center herein
provided, to be published in a newspaper having
general circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days nor
more than forty -five days prior to the receipt of
said bids at 2:00 p.m. on the 20 day of May,
2004. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the
Council for final action at 6:30 p.m. on the 7 1 "
day of June, 2004.
Passed, adopted and approved this 19 day of
April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 7 -0
BOARDS /COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission: Civil Service Commission (One 4-
Year Term to Expire 4/6/06 — Term of
Werizberger) Applicants: Debra Fondell, Dick
Wertzberger. Ms. Fondell withdrew her
application.
Appointment to the following Commission: TV
Cable Community Teleprogramming
Commission: Two 3 -Year Unexpired Terms
Through 6/30/06). Applicant: Marie Araeipour.
Michalski moved that Ms. Areipour be
appointed. Seconded by Connors. Motion
carried 7 -0. Therefore, Ms. Araeipour was
appointed to an unexpired three year term which
will expire 6/30/06.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to speak. Seconded by
Connors. Motion carried 7 -0.
Greater Downtown Urban Renewal District:
Proof of publication on notice of hearing to
consider the creation of an Urban Renewal Plan
for the Greater Downtown Urban Renewal
District that combines two existing urban
renewal districts and City Manager
recommending approval, presented and read.
Markham moved that the proof and
communication be received and filed.
Seconded by Cline. Motion carried 7 -0.
Steward Sandstrom, Dubuque Area Chamber of
Commerce and Dan LoBianco, Dubuque Main
Street, spoke in favor of the District.
RESOLUTION NO. 170 -04
A RESOLUTION APPROVING THE URBAN
RENEWAL PLAN FOR THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT.
Whereas, on March 1, 2004, the City Council
of the City of Dubuque, Iowa authorized the
preparation of an Urban Renewal Plan (the
"Plan ") for the Greater Downtown Urban
Renewal District (the "District"); and
Whereas, the City of Dubuque's primary
objective in adopting this Plan is to provide
opportunities for further redevelopment and
reinvestment in the greater downtown and
riverfront; and
Whereas, the Long Range Planning
Commission has reviewed the proposed Plan
and has found that said document is consistent
with the Comprehensive Plan for the
development of the City of Dubuque as a whole
and has transmitted its findings to the City
Council; and
Whereas, a consultation process has been
undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of
Iowa with no written objections or recommended
changes to the Plan received; and
152 Regular Session, April 19, 2004
Whereas, the City Council, in accordance with
Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed amended and
restated Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan for
the Greater Downtown Urban Renewal District,
attached hereto and made reference to herein,
be approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and
directed to file a certified copy of the Resolution
in the office of the Dubuque County Recorder.
Passed, approved and adopted this 19th day of
April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7 -0.
Grandview United Methodist Church: Proof of
publication on notice of hearing to consider a
request to rezone property located at 419, 439,
and 485 North Grandview Avenue from R -1
Single - Family Residential District to OC Office
Commercial District at the request of Grandview
United Methodist Church and Ambrose and
LaVeme Klein and Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof and communications
be received and filed. Seconded by Connors.
Motion carried 7 -0.
James Bradley of Prudential /Friedman Realty
spoke in favor of the proposed rezoning.
Arvid Seats, 12695 Cousins Road, as a
member of the congregation, spoke in favor.
Phil Keating, 2224 Aspen Drive, as the owner
of the men's store which will use part of this
church space, spoke in favor of the rezoning.
Mel Miller of the Grandview Avenue United
Methodist Church steering committee, spoke in
favor of the proposed rezoning.
Corey Thein, 1764 Bennett, spoke stating this
proposal was a good compromise.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 419, 439 and 485
North Grandview Avenue from R -1 Single -
Family Residential District to OC Office
Commercial District, with conditions, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 27 -04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 419, 439 AND
485 NORTH GRANDVIEW AVENUE FROM R -1
SINGLE - FAMILY RESIDENTIAL DISTRICT TO
OC OFFICE COMMERCIAL DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter - described property from R -1
Single - Family Residential District to OC Office
Commercial District, with conditions, to wit:
Lot 1 of 1 and Lot 2 of 1, Lot 2, Lot 3 and Lot
4, all of Hodges Subdivision, and to the
centerline of the adjoining public right -of -way, all
in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day
of April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(2003), and as an express condition of rezoning
of the property described as:
Lot 1 of 1, Lot 2 of 1, Lots 2 and 3, and Lot 4 all
in Hodges Subdivision, and to the centerline of
the adjoining public right -of -way, all in the City of
Dubuque, Iowa.
which is the subject of Ordinance No. 27 -04, a
copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owners, agree to the
following conditions, all of which the property
owner further agrees are reasonable and are
imposed to satisfy public needs which are
caused directly by the rezoning:
A) Performance Standards
1) Demolition of the church structures at 419
and 439 North Grandview Avenue is prohibited
except in the case of damage that would require
their extensive reconstruction.
2) Bars and taverns are prohibited.
B) Reclassification of the Subject Property. The
City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R -1 Single -
Family Residential District (which rezoning will
include the removal of the performance
standards in Section A above) if the property
owner(s) fails to complete any of the conditions
or provisions of this Agreement that apply to
their respective properties.
C) Modifications. Any modifications of this
Agreement shall be considered a zoning
reclassification and shall be subject to the
Regular Session, April 19, 2004 153
provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recording. A copy of this Agreement shall
be recorded with the Dubuque County Recorder
as a permanent record of the conditions
accepted as part of this rezoning approval within
ten (10) days of the adoption of Ordinance No.
27 -04.
E) Construction. This Agreement shall be
construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the
City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the
undersigned and his /her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 27 -04
I, Steve Smith, as purchaser of 419 and 439
North Grandview Avenue, having read the terms
and conditions of the foregoing Ordinance No.
27 -04 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 19" day of April
2004.
/s/ Steve Smith
ACCEPTANCE OF ORDINANCE NO. 27 -04
We, Ambrose J. and LaVeme B. Klein,
property owners, 485 North Grandview Avenue,
having read the terms and conditions of the
foregoing Ordinance No. 27 -04 and being
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 19" day of April
2004.
/s/ Ambrose J. Klein
/s/ Laverne D. Klein
ACCEPTANCE OF ORDINANCE NO. 27 -04
1, Ronald A. Balmer, Chairman of trustees,
representing Grand View United Methodist
Church, property owner of 419 and 439 North
Grandview Avenue, having read the terms and
conditions of the foregoing Ordinance No. 27 -04
and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 19 day of April
2004.
/s/ Ronald A. Balmer
Chairman of Trustees,
Grand View United Methodist Church
ACCEPTANCE OF ORDINANCE NO. 27 -04
I, Philip M. Keating, purchaser of 419 and 439
North Grandview Avenue, having read the terms
and conditions of the foregoing Ordinance No.
27 -04 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 19 day of April
2004.
/s/ Philip M. Keating
Published officially in the Telegraph Herald
newspaper this 26 day of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
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 Connors. Motion carded 7 -0.
Westbrook Subdivision Water Main Extension
Project: Proof of publication on notice of hearing
to consider adoption of the plans and
specifications for the Westbrook Subdivision
Water Main Extension Project and award of the
contract to Callahan Construction and City
Manager recommending approval, presented
and read. Cline moved that the proof and
communication be received and filed.
Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 171 -04
ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 1st day of March, 2004,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the installation of
approximately 2,280 feet of 8 inch PVC C -900-
DR14 water main and 48 service laterals with
accessories to be installed in the Westbrook
Subdivision.
Whereas, notice of hearing on the plans,
specifications, form of contract and estimated
cost was published as required by law.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as plans, specifications, forth of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carded 7 -0.
RESOLUTION NO. 172 -04
AWARDING CONTRACT TO CALLAHAN
CONSTRUCTION, INC. OF DUBUQUE, IOWA
FOR THE CONSTRUCTION OF
APPROXIMATELY 2,280 FEET OF 8 INCH —
PVC -C- 900 -DR -14 WATER MAIN AND 48
SERVICE LATERALS WITH ACCESSORIES
IN THE WESTBROOK SUBDIVISION
154 Regular Session, April 19, 2004
Whereas, the Westbrook Subdivision Water
Main Extension and Service Line Lateral Project
has been budgeted; and,
Whereas, Callahan Construction, Inc. of
Dubuque, Iowa has submitted to the City an
agreement to conduct construction services of
this improvement in the amount of $74,000; and
Whereas, funds have been legally
appropriated for this expenditure.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager is authorized to execute
the agreement for construction services with
Callahan Construction, Inc. of Dubuque, Iowa for
the construction of approximately 2,280 feet of 8
inch PVC -C- 900 -DR 14 water pipe and 48
service line laterals in the Westbrook
Subdivision in the amount of $74,000.
Passed, adopted and approved this 19th day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7 -0.
Buol moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 7 -0.
ACTION ITEMS
Convention and Visitors Bureau — Quarterly
Report: Sue Czeshinski, Dubuque Area
Chamber of Commerce Convention and Visitors
Bureau, presented a quarterly report. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0.
Arbor Estates — Final Plat: City Manager
recommending approval of the final plat of the
second phase of Arbor Estates and a Resolution
Adopting final plat of Lots 12 thru 19, inclusive,
of Block 5, Lots 1 thru 10, inclusive of Block 6,
Lots 3 thru 5, inclusive, Block 7, Lot 1 of Block 8,
Lot 1 of Block 9, and Lots H thru N, inclusive, all
of Arbor Estates in the City of Dubuque, Iowa,
presented and read. Michalski moved that this
be tabled to the 513/04 Council Meeting.
Seconded by Cline. Motion carried 7 -0.
Lower Main L.L.C. Tax Increment Financing
Agreement: City Manager recommending
approval of a Development Agreement between
the City of Dubuque and Lower Main
Development, L.L.C., the developer of the
former Weber Paper Company building at 137
Main Street and two adjacent parking lots, and
authorization of tax increment financing of
$150,000, presented and read. Cline moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 173 -04
AUTHORIZING THE EXECUTION OF A
DEVELOPMENT AGREEMENT WITH LOWER
MAIN DEVELOPMENT, L.L.C.
Whereas, the City Council of the City of
Dubuque, Iowa, ( the "City") after public hearing,
duly adopted an Urban Renewal Plan (the Plan)
for the Greater Downtown Urban Renewal
District (the District); and
Whereas, the Plan provides that the City may
undertake special financing activities, including
loans or grants to private developers, to meet
the objectives of the Plan and to encourage the
development of the District; and
Whereas, the City Council has determined, in
accordance with Section 15A.1 of the Iowa
Code, that LOWER MAIN DEVELOPMENT,
L.L.C. (the "Developer") is qualified to receive
such loan or grant assistance to assist with the
renovation of property and new job creation in
the District; and
Whereas, a Development Agreement,
attached hereto and by this reference made a
part hereof, sets forth the terms and conditions
of an Economic Development Grant to the
Developer.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the form of Development
Agreement by and between the City of Dubuque
and Lower Main Development, L.L.C., attached
hereto, is hereby approved.
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute, on
behalf of the City of Dubuque, Iowa, said
Development Agreement.
Passed, approved and adopted this 19th day
of April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7 -0.
Library Ordinance Amendment: City Manager
recommending approval of an amendment to the
Library ordinance allowing the Library Director to
handle personnel matters for librarian assistants
or employees, presented and read. Buol moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7 -0.
An Ordinance Amending Section 30- 54(a)(4)
of the City of Dubuque Code of Ordinances
providing for the removal of the Librarian by the
Library Board of Trustees, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 28 -04
Regular Session, April 19, 2004 155
AMENDING SECTION 30 -54 (a)(4) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES
PROVIDING FOR THE REMOVALOF THE
LIBRARIAN BY THE LIBRARY BOARD OF
TRUSTEES
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.Section 30- 5(a)(4) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
(4) To remove such librarian by a vote of two -
thirds (2/3) of all of the members of the Board
and to provide procedures for the removal of
assistants or employees.
Section 2. This ordinance shall become
effective upon publication.
Passed, approved and adopted the 19 day of
April, 2004.
/s/ Terrance M. Duggan, Mayor
Attest: /s /Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 26'" day of April, 2004.
/s/ Jeanne F. Schneider, CMC, City Clerk
It 4/26
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 Michalski. Motion carried 7 -0.
Extension of Benefits for Voluntary
Annexation: City Manager recommending
approval of the extension of all benefits of the
annexation agreement to all property owners,
including the non - consenting property owners, in
the annexation area, presented and read. Cline
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
0.
RESOLUTION NO. 174 -04
RESOLUTION EXTENDING ALL BENEFITS
FOR ANNEXATION OF TERRITORY ON THE
WEST SIDE OF DUBUQUE TO ALL
PROPERTY OWNERS, INCLUDING NON.
CONSENTING PROPERTY OWNERS
Whereas, property owners have submitted
written applications for voluntary annexation of
approximately 642 acres to the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has approved the annexation of
approximately 690 acres of private property to
the City of Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa
has extended certain benefits to the owners of
approximately 642 acres who have signed an
annexation agreement with the City of Dubuque
for voluntary annexation of their properties to the
City of Dubuque, Iowa; and
Whereas, the City Council of Dubuque, Iowa
has determined that these same benefits should
be extended to the owners of approximately 48
acres of land who have not signed an
annexation agreement with the City of Dubuque
for voluntary annexation of their properties to the
City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the
capacity to provide substantial municipal
services to the entire annexation area.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That subject to said annexation
being approved and the annexation territory
being annexed to Dubuque, the City Council of
Dubuque, Iowa herby provide for the transition
of the imposition of City. taxes against all
property in the annexation territory, in
accordance with the tax exemption schedule
provided under Iowa Code section 4728.3,
subsections 1 through 5, for the levy and
collection of taxes as follows:
1. For the first year, seventy five percent
(75 %).
2. For the second year, sixty percent (60 %).
3. For the third year, forty -five percent (45 %).
4. For the fourth year, thirty percent (30 %).
5. For the fifth year, fifteen percent (15 %).
Section 2. That, subject to said annexation
being approved and the annexation territory
being annexed to Dubuque, the City Council of
Dubuque, Iowa does hereby provide for the
extension of all benefits described in the
annexation agreement, made a part hereof as
Exhibit 1, approved by the City Council of
Dubuque, Iowa on August 18, 2003.
Section 3. That the City Clerk shall file this
resolution and all exhibits with the City
Development Board in accordance with the
provisions of Chapter 368 of the Iowa Code.
Passed, approved and adopted this 19th day
of April 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7 -0.
Illicit Connections /Discharges to Drainage
Systems: City Manager recommending approval
of an amendment to the Code of Ordinances
prohibiting non- stornwater related discharges
into the City's system and the prohibition of
geothermal pump- and -dump heating and cooling
systems without the written consent of the City
Manager, presented and read. Buol moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7 -0.
156 Regular Session, April 19, 2004
An Ordinance Amending Chapter 44 of the
City of Dubuque Code of Ordinances by adding
a new Article VI. Illicit Connections and
Discharges to the Stormwater Drainage System,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 29-04
AN ORDINANCE AMENDING CHAPTER 44
OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW ARTICLE
VI. ILLICIT CONNECTIONS AND
DISCHARGES TO THE STORMWATER
DRAINAGE SYSTEM
Whereas, the City Council of the City of
Dubuque, Iowa desires to provide for the health,
safety, and general welfare of the citizens of the
City of Dubuque through the regulation of non-
stormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum
extent practicable as required by federal and
state law; and
Whereas, this Ordinance establishes methods
for controlling the introduction of pollutants into
the municipal separate storm sewer system
(MS4) in order to comply with requirements of
the National Pollutant Discharge Elimination
System ( NPDES) permit process; and
Whereas, the objectives of this Ordinance are:
(1) To regulate the contribution of pollutants to
the municipal separate storm sewer system by
stormwater discharge by any user;
(2) To prohibit illicit connections and
discharges to the municipal separate storm
sewer system; and
(3) To establish legal authority to carry out all
inspection, surveillance and monitoring
procedures necessary to ensure compliance
with this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Chapter 44 of the City of Dubuque
Code of Ordinances is hereby amended by
adding thereto the following:
ARTICLE VI. ILLICIT CONNECTIONS AND
DISCHARGES TO THE STORM SEWER
SYSTEM
Sec. 44 -290. Definitions.
The following words, terms and phrases, when
used in this Article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Best Management Practices (BMPs) means
schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution
prevention and educational practices,
maintenance procedures, and other
management practices to prevent or reduce the
discharge of pollutants directly or indirectly to
stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include
treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw
materials storage.
City Manager means the City Manager or the
City Manager's designee.
Clean Water Act means the federal Water
Pollution Control Act, 33 U.S.C. § 1251 at seq.,
and any amendments thereto.
Construction Activity means activities subject
to NPDES Construction Permits that result in
disturbance of one (1) acre or more. Such
activities include but are not limited to clearing
and grubbing, grading, excavating, filling, and
demolition.
Geothermal Pump and Dump System means a
system that uses a pump to extract water from
an underground aquifer, circulates the water
through a heating or cooling system, and
discharges the water as non - stormwater
discharge.
Hazardous Materials means any material,
including any substance, waste, or combination
thereof, that because of its quantity,
concentration, or physical, chemical, or
infectious characteristics may cause, or
significantly contribute to, a substantial present
or potential hazard to human health, safety,
property, or the environment when improperly
treated, stored, transported, disposed of, or
otherwise managed.
Illegal Discharge means any direct or indirect
non - stormwater discharge to the storm drain
system, except as exempted in Sec. 44 -295.
Illicit Connection means either of the following:
(a) Any drain or conveyance, whether on the
surface or subsurface, which allows an illegal
discharge to enter the storm drain system
including but not limited to any conveyances
which allow any non - stormwater discharge
including sewage, process wastewater, and
wash water to enter the storm drain system and
any connections to the storm drain system from
indoor drains and sinks, regardless of whether
said drain or connection had been previously
allowed, permitted, or approved by the City
Manager; or,
(b) Any drain or conveyance connected from a
commercial or industrial land use to the storm
drain system which has not been documented in
plans, maps, or equivalent records and
approved by the City Manager.
Industrial Activity means activities subject to
NPDES Industrial Permits as defined in 40
C.F.R., § 122.26 (b)(14).
Municipal Separate Storm Sewer System
(MS4) means the streets, gutters, conduits,
natural or artificial drains, channels and
watercourses, and other facilities that are
owned, operated, maintained or controlled by
the City and used for the purpose of collecting,
storing, transporting, or disposing of stormwater
Regular Session, April 19, 2004 157
. National Pollutant Discharge Elimination
System (NPDES) Stormwater Discharge Permit
means a permit issued by the Environmental
Protection Agency or by a State under authority
delegated pursuant to 33 U.S.C. § 1342(b) that
authorizes the discharge of pollutants to waters
of the United States, whether the permit is
applicable on an individual, group, or general
area -wide basis.
Non - Stormwater Discharge means any
discharge to the storm drain system that is not
composed entirely of stormwater.
Person means any individual, association,
organization, partnership, firm, corporation or
other entity recognized by law and acting as
either the owner or as the owners agent.
Pollutant means anything that causes or
contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and
solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, articles, and
accumulations, so that same may cause or
contribute to pollution; floatables; sediment from
soil erosion; pesticides, herbicides, and
fertilizers; hazardous substances and wastes;
sewage, fecal col'rform and pathogens; dissolved
and particulate metals; animal wastes; wastes
and residues that result from constructing a
building or structure; and noxious or offensive
matter of any kind.
Premises mean any building, lot, parcel of
land, or portion of land whether improved or
unimproved including adjacent sidewalks and
parking strips.
Soil Erosion means the detachment and
movement of soil or rock fragments by water,
wind, ice or gravity.
Stormwater means any surface flow, runoff,
and drainage consisting entirely of water from
any form of natural precipitation and resulting
from such precipitation.
Stormwater Pollution Prevention Plan means a
document that describes the Best Management
Practices and activities to be implemented by a
person or business to identify sources of
pollution or contamination at a site and the
actions to eliminate or reduce pollutant
discharges to stormwater, stormwater
conveyance systems, and /or receiving waters to
the maximum extent practicable.
Surface Waters means all waters of the state
other than ground waters, which include ponds,
lakes, rivers, streams, tidal and non -tidal
wetlands, public ditches, tax ditches, and public
drainage systems except those designed and
used to collect, convey, or dispose of sanitary
sewage.
Wastewater means any water or other liquid,
other than uncontaminated stormwater,
discharged from a facility.
Waters of the state means both surface waters
and ground waters within the boundaries of the
State of Iowa and subject to its jurisdiction.
Sec. 44 -291. Applicability.
This Article shall apply to all water entering the
MS4 generated on any developed and
undeveloped lands unless explicitly exempted
by the City Manager.
Sec. 44 -292. Responsibility for Administration.
The City Manager shall administer, implement,
and enforce the provisions of this Article.
Sec. 44 -293. Severability.
The provisions of this Article are hereby
declared to be severable. If any provision,
clause, sentence, or paragraph of this Article or
the application thereof to any person,
establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other
provisions or application of this Article.
Sec. 44 -294. Ultimate Responsibility.
The standards set forth herein and
promulgated pursuant to this Article are
minimum standards; therefore this Article does
not intend nor imply that compliance by any
person will ensure that there will be no
contamination, pollution, nor unauthorized
discharge of pollutants.
Sec. 44 -295. Discharge Prohibitions.
(1) Prohibition of Illegal Discharges. No person
shall discharge or cause to be discharged into
the MS4 or watercourses any of the following:
a) Materials, including but not limited to
pollutants or waters containing any pollutants
that cause or contribute to a violation of
applicable water quality standards, other than
stormwater.
(b) Geothermal pump and dump system
discharges without the express written consent
of the City Manager. The City Manager may
allow such discharge if it does not present or will
not present an imminent and substantial danger
to the operation of the MS4, public property,
private property, the environment, or to the
health or welfare of persons, or Waters of the
State.
(2) The commencement, conduct or continuance
of any illegal discharge to the storm drain
system is prohibited except as described as
follows:
(a) The following discharges are exempt from
discharge prohibitions established by this Article:
water line flushing or other potable water
sources, landscape irrigation or lawn watering,
diverted stream flows, rising ground water,
ground water infiltration to storm drains, sump
pump discharge, foundation or footing drains
(not including active groundwater dewatering
systems), crawl space pumps, air conditioning
condensation, springs, non - commercial washing
of vehicles, natural riparian habitat or wet -land
flows, swimming pools (if dechlorinated -
typically less than one PPM chlorine), fire
158 Regular Session, April 19, 2004
fighting activities, and any other water source
not containing Pollutants.
(b) Discharges specified in writing by the City
Manager as being necessary to protect public
health and safety.
(c) Dye testing is an allowable discharge, but
requires a verbal notification to the City Manager
prior to the time of the test.
(d) The prohibition shall not apply to any non -
stormwater discharge permitted under an
NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under
the authority of the Environmental Protection
Agency, provided that the discharger is in full
compliance with all requirements of the permit,
waiver, or order and other applicable laws and
regulations, and provided that written approval
has been granted for any discharge to the stone
drain system.
(3) Prohibition of Illicit Connections. The
construction, use, maintenance or continued
existence of illicit connections to the stone drain
system is prohibited.
(a) This prohibition expressly includes, without
limitation, illicit connections made in the past,
regardless of whether the connection was
permissible under law or practices applicable or
prevailing at the time of connection.
(b) A person is considered to be in violation of
this Article if the person connects a line
conveying sewage to the MS4, or allows such a
connection to continue.
Sec. 44 -296. Suspension of MS4 Access.
(1) Suspension due to Illicit Discharges in
Emergency Situations. The City Manager may,
without prior notice, suspend MS4 discharge
access to a person when such suspension is
necessary to stop an actual or threatened
discharge which presents or may present
imminent and substantial danger to the
environment, or to the health or welfare of
persons, or to the MS4 or Waters of the United
States. If the violator fails to comply with a
suspension order issued in an emergency, the
City Manager may take such steps as deemed
necessary to prevent or minimize damage to the
MS4 or waters of the state, or to minimize
danger to persons.
(2) Suspension due to the Detection of Illicit
Discharge. Any person discharging to the MS4
in violation of this Article may have the person's
MS4 access terminated if such termination
would abate or reduce an illicit discharge. The
City Manager shall notify a violator of the
proposed termination of its MS4 access. The
violator may petition the City Manager for a
reconsideration and hearing.
(3) A person commits an offense if the person
reinstates MS4 access to premises terminated
pursuant to this Section, without the prior
approval of the City Manager.
Sec. 44 -297. Industrial or Construction Activity
Discharges.
Any person subject to an industrial or
construction activity NPDES stormwater
discharge permit shall comply with all provisions
of such permit. Proof of compliance with said
permit may be required in a form acceptable to
the City Manager prior to the allowing of
discharges to the MS4.
Sec. 44 -298. Monitoring of Discharges.
(1) Applicability. This section applies to all
facilities that have stormwater discharges
associated with industrial activity, including
construction activity.
(2) Access to Facilities. The City Manager
shall be permitted to enter and inspect facilities
subject to regulation under this Article as often
as may be necessary to determine compliance
with this Article. If a discharger has security
measures in force that require proper
identification and clearance before entry into its
premises, the discharger shall make the
necessary arrangements to allow access to
representatives of the City Manager City
Manager.
(a) Facility operators shall allow the City
Manager ready access to all parts of the
premises for the purposes of inspection,
sampling, examination and copying of records
that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the
performance of any additional duties as defined
by state and federal law.
(b) The City Manager shall have the right to
set up on any permitted facility such devices as
are necessary in the opinion of the City Manager
to conduct monitoring and /or sampling of the
facility's stormwater discharge.
(c) The City Manager shall have the right to
require the discharger to install monitoring
equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at
all times in a safe and proper operating condition
by the discharger at its own expense. All devices
used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(d) Any temporary or permanent obstruction to
safe and easy access to the facility to be
inspected and /or sampled shall be promptly
removed by the operator at the written or oral
request of the City Manager and shall not be
replaced. The costs of clearing such access
shall be bome by the operator.
(e) Unreasonable delays in allowing the City
Manager access to a permitted facility is a
violation of a stormwater discharge permit and of
this Article. A person who is the operator of a
facility with a NPDES permit to discharge
stormwater associated with industrial activity
commits an offense if the person denies the City
Manager reasonable access to the permitted
Regular Session, April 19, 2004 159
facility for the purpose of conducting any activity
authorized or required by this Article.
(f) If the City Manager has been refused
access to any part of the premises from which
stormwater is discharged, and he /she is able to
demonstrate probable cause to believe that
there may be a violation of this Article, or that
there is a need to inspect and /or sample as part
of a routine inspection and sampling program
designed to verify compliance with this Article or
any order issued hereunder, or to protect the
overall public health, safety, and welfare of the
community, then the City Manager may seek
issuance of a search warrant from any court of
competent jurisdiction.
Sec. 44 -299. Requirement to Prevent Control
and Reduce Stormwater Pollutants by the Use
of BMPs.
The owner or operator of a commercial or
industrial establishment shall provide, at the
owner or operator's own expense, reasonable
protection from accidental discharge of
prohibited materials or other wastes into the
municipal storm drain system or watercourses
through the use of structural and non - structural
BMPs. Further, any person responsible for a
property or premise, that is, or may be, the
source of an illicit discharge, may be required to
implement, at such person's expense, additional
structural and non - structural BMPs to prevent
the further discharge of pollutants to the
municipal separate storm sewer system.
Compliance with all terms and conditions of a
valid NPDES permit authorizing the discharge of
stormwater associated with industrial activity, to
the extent practicable, shall be deemed
compliance with the provisions of this section.
These BMPs shall be part of a stormwater
pollution prevention plan (SWPP) as necessary
for compliance with requirements of the NPDES
permit.
Sec. 44 -300. Watercourse Protection.
Every person owning property through which a
watercourse passes, or such person's lessee,
shall keep and maintain that part of the
watercourse within the property free of trash,
debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or
significantly retard the flow of water through the
watercourse. In addition, the owner or lessee
shall maintain existing privately owned
structures within or adjacent to a watercourse,
so that such structures will not become a hazard
to the use, function, or physical integrity of the
watercourse.
Sec. 44 -301. Notification of Spills.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or
operation, or responsible for emergency
response for a facility or operation has
information of any known or suspected release
of materials which are resulting or may result in
illegal discharges or pollutants discharging into
stormwater, the storm drain system, or water of
the United States such person shall take all
necessary steps to ensure the discovery,
containment, and cleanup of such release. In the
event of such a release of hazardous materials
such person shall immediately notify emergency
response agencies of the occurrence via
emergency dispatch services. In the event of a
release of non - hazardous materials, such
person shall notify the City Manager in person or
by phone or facsimile no later than the next
business day. Notifications in person or by
phone shall be confirmed by written notice
addressed and mailed to the City Manager
within three business days of the phone notice.
If the discharge of prohibited materials
emanates from a commercial or industrial
establishment, the owner or operator of such
establishment shall also retain an on -site written
record of the discharge and the actions taken to
prevent its recurrence. Such records shall be
retained for at least three years.
Sec. 44 -302. Enforcement.
(1) Notice of Violation. Whenever the City
Manager finds that a person has violated a
prohibition or failed to meet a requirement of this
Article, the City Manager may order compliance
by written notice of violation to the responsible
person. Such notice may require without
limitation:
(a) The performance of monitoring, analyses,
and reporting;
(b) The elimination of illicit connections or
discharges;
(c) That violating discharges, practices, or
operations shall cease and desist;
(d) The abatement or remediation of
stormwater pollution or contamination hazards
and the restoration of any affected property; and
(e) Payment of administrative and remediation
costs; and
(f) The implementation of source control or
treatment BMPs.
(2) If abatement of a violation and /or restoration
of affected property is required, the notice shall
set forth a deadline within which such
remediation or restoration must be completed.
Such notice shall further advise that, should the
violator fail to remediate or restore within the
established deadline, the work will be done by a
designated governmental agency or a contractor
and the expense thereof shall be charged to the
violator.
Sec. 44 -303. Appeal of Notice of Violation.
Any person receiving a notice of violation may
appeal the determination of the City Manager to
the City Council. The notice of appeal must be
received by the City Manager within 15 days
from the date of the notice of violation. Hearing
on the appeal before the City Council shall take
place within 15 days from the date of receipt of
160 Regular Session, April 19, 2004
the notice of appeal. The City Council may
rescind, modify or affirm the notice of violation.
The decision of the City Council shall be final.
Sec. 44 -304. Enforcement Measures After
Appeal.
If the violation has not been corrected
pursuant to the requirements set forth in the
notice of violation, or in the event of an appeal,
within 30 days of the decision of the City Council
upholding the decision of the City Manager, then
representatives of the City Manager may enter
upon the subject private property and are
authorized to take any and all measures
necessary to abate the violation and /or restore
the property. It shall be unlawful for any person,
owner, agent or person in possession of any
premises to refuse to allow the City Manager or
designated contractor to enter upon the
premises for the purposes set forth above.
Sec. 44 -305. Cost of Abatement of the
Violation.
Within 30 days after abatement of the
violation, the owner of the property shall be
notified by the City Manager of the cost of
abatement, including administrative costs. The
property owner may file a written protest with the
City Manager objecting to the amount of the
assessment within 15 days thereafter. If the
amount due is not paid within a timely manner
as determined by the decision of the City
Manager or by the expiration of the time in which
to file an appeal, the charges shall certified by
the City Clerk to the Dubuque County Treasurer
in the manner of a special assessment against
the property and shall constitute a lien on the
property for the amount of the assessment.
Sec. 44 -306. Injunctive Relief.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the
requirements of this Article. If a person has
violated or continues to violate the provisions of
this Article, the City Manager may petition for a
preliminary or permanent injunction restraining
the person from activities which would create
further violations or compelling the person to
perform abatement or remediation of the
violation.
Sec. 44 -307. Violations Deemed A Public
Nuisance.
In addition to the enforcement processes and
penalties provided, any condition caused or
permitted to exist in violation of any of the
provisions of this Article is a threat to public
health, safety, and welfare, and is declared and
deemed a nuisance.
Sec. 44 -309. Remedies Not Exclusive.
The remedies listed in this Article are not
exclusive of any other remedies available under
any applicable federal, state or local law and it is
within the discretion of the City Manager to seek
cumulative remedies.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 19� day
of April, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26 day of April, 2004.
Jeanne F. Schneider, City Clerk
1 t 4/26
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 Connors. Motion carried 7 -0.
Burning of Material for Land Clearing and
Agricultural Land: City Manager recommending
approval of permits that would provide for the
open burning of land clearance materials and
open burning on a property that is zoned
agricultural two times during the year (spring
and fall), presented and read. Buol moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7 -0.
An Ordinance Amending Section 19 -34
Permits Required of the City of Dubuque Code
of Ordinances by adding thereto new
Subparagraph (d) Requiring a Permit for Open
Burning of Land Clearance Materials and new
Subparagraph (e) Requiring a Permit for Open
Burning on Agricultural Property, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-04
AMENDING SECTION 19 -34 PERMITS
REQUIRED OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY ADDING
THERETO NEW SUBPARAGRAPH (d)
REQUIRING A PERMIT FOR OPEN BURNING
OF LAND CLEARANCE MATERIALS AND
NEW SUBPARAGRAPH (e) REQUIRING A
PERMIT FOR OPEN BURNING ON
AGRICULTURAL PROPERTY:
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Sec. 19 -34 Permits Required of the
City of Dubuque Code of Ordinances is
amended by adding thereto the following new
subparagraphs (d) and (e):
Sec. 13:94: Permits Required
(d) Open Burning of Land Clearance
Materials: No person shall bum materials
resulting from land clearance activities without
first obtaining a permit from the Chief of the Fire
Department.
Regular Session, April 19, 2004 161
(e) Open Burning on Agricultural Property: No
person shall on property zoned agricultural bum
vegetation or growing form wood originating on
the property without first obtaining a permit from
the Chief of the Fire Department.
Passed, approved and adopted this 19 day of
April, 20014.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26" day of April, 2004.
Jeanne F. Schneider, City Clerk
1 t 4/26
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 Connors. Motion carried 7 -0.
At 7:38 P.M. Buol moved to go into Closed
Session re: Property Acquisition — Chapter
21.5(1)6) 2003 Code of Iowa. Seconded by
Markham. Motion carded 7 -0.
i
At 7:50 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Buoi moved
to adjourn. Seconded by Markham. Motion
carried 7 -0. The meeting adjourned at 7:51 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 4/28