2004 December Council Proceedings
Regular Session, December 6, 2004
389
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Regular Session, December 6,
2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Gary McAlpin,
Assistant Pastor of Faith, Center Grove and
Rockdale United Methodist Churches.
Proclamation: Human Rights Day (December
10, 2004) received by Judy Giesen.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 10/25; Cable TV Regulatory
Commission of 11/10; Cable TV
Teleprogramming Commission of 11/9; City
Council of 11/10 and 11/15; Electrical Board of
11/8; Five Flags Commission of 9/20 and 10/18'
Historic Preservation Commission of 11/18:
Housing Commission of 10/26; Housing Trust
Fund Committee of 11/23; Library Board of
10/18; Mechanical Board of 11/2; Park and
Recreation Commission of 11/9; Zoning Board
of Adjustment of 11/18, presented and read.
Buol moved that the minutes be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
Proof of publication of City Council
Proceedings of November 1 and November 10
2004 and List of Claims and Summary oi
Revenues for month ending October 31, 2004
(On file in the City Clerk's Office), presented and
read. Buol moved that the proofs be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Printed City Council Proceedings of October,
2004, presented and read. Buol moved that the
proceedings be received and filed and approved
as printed. Seconded by Nicholson. Motion
carried 7-0.
Notice of Claims/Suits: James Bauerly for
property damage; Ronald Hendricks for vehicle
damage; Steven Kelly for vehicle damage;
Richard and Connie Neumann for negligence,
presented and read. Buol moved that the claims
and suits be received and filed and referred to
Legal for investigation. Seconded by Nicholson.
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: Amy
Boekholder for personal injury; Ronald
Hendricks for vehicle damage; Steve Kelly for
vehicle damage; Richard and Connie Neumann
for negligence; Theresa Sawvell for vehicle
damage; Greg Tuthill for vehicle damage,
presented and read. Buol moved that the
communications be received and filed and
concurred. Seconded by Nicholson. Motion
carried 7-0.
Corporation Counsel recommending
settlement of the ciaim of Bernard C. Bockes for
vehicle damage and directing the Finance
Department to issue payment, presented and
read. Buol moved that the communication be
received and filed and concurred and Finance
Department to issue payment: Seconded by
Nicholson. Motion carried 7-0.
Request to Purchase City-Owned Property:
Request of Harry and Mary Althaus to purchase
an easement they had previously sold to the City
for construction of Tanzanite Drive, presented
and read. Buol moved that the communication
be received and filed and referred to the City
Manager. Seconded by Nicholson. Motion
carried 7-0.
Human Rights Ordinance: Communication
from Fred F. Ertl, III, urging the City Council to
vote no on the initiative to include sexual
orientation into the City Code of Ordinances,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Tax Assessment Appeal - Stipulation of
Settlement: Corporation Counsel submitting a
Stipulation of Settlement of a tax assessment
appeal by Lynn M. McCullough, presented and
read. Buol moved that the communication be
received and filed and approved recom-
mendation. Seconded by Nicholson. Motion
carried 7-0.
U.S. Department of Housing and Urban
Deveiopment: Communication from the U.S.
Department of Housing and Urban
Development's Office of Healthy Homes and
390
Regular Session, December 6, 2004
Lead Hazard Control requesting assistance and
partnership to establish the City of Dubuque as
a Safe and Healthy Homes Community and
communication from Housing and Community
Development Director David Harris to the U.S.
Department of Housing and Urban Development
volunteering Dubuque as one of twenty-five sites
to assist in development of a revitalization
strategy, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nichoison. Motion carried 7-0.
Roosevelt Road Phase II Water Main
Extension Project: City Manager recommending
acceptance of the Roosevelt Road Phase II
Water Main Extension Project as completed by
McClain Excavating Co., Inc., in the final
contract amount of $88,216.19, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 436-04
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Roosevelt Road
Phase II Water Main Extension Improvement
Project has been completed and the City's
consultant IIW Engineering and Associates of
Dubuque, Iowa recommend acceptance of the
project.
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 accepted.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 437-04
FINAL ESTIMATE
Whereas, the contract of the Roosevelt Road
Phase II Water Main Extension Improvement
Project has been completed and the City has
submitted the 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 $88,216.19.
Section 2. That the final payment $4,410.81
be paid to McClain Excavating Co., Inc. in
accordance with State Statutes from funds in the
Water Department's FY 05 CIP Budget.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Substance Abuse Services Center:
Communication from Diane K. Thomas,
Executive Director of Substance Abuse Services
Center, requesting financial support for their
Fiscal Year 2005 program, presented and read.
Buol moved that the communication be received
and filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 7-0.
Carter Road Detention Basin Project: City
Manager recommending acceptance of the
Carter Road Detention Basin Project as
completed by Tschiggfrie Excavating, Inc., in the
final contract amount of $749,060.88, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 438-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Carter Road
Detention Basin 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 2004
General Storm Sewer Construction Fund in
amount equal to the amount of his contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO, 439-04
FINAL ESTIMATE
Whereas, the contract for the Carter Road
Detention Basin 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.
Regular Session, December 6, 2004
391
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 $1,076,314.63 and
the said amount shall be paid from the Fiscal
Year 2004 General Storm Sewer Construction
Project of the City of Dubuque, Iowa.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Madison Street Sanitary Sewer Extension
Project: City Manager recommending
acceptance of the Madison Street Sanitary
Sewer Extension Project as completed by Top
Grade Excavating in the final contract amount of
$90,484.50 and approving the preliminary
schedule of final assessments, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 440-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Madison Street
Sanitary Sewer 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 2001
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 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 441-04
FINAL ESTIMATE
Whereas, the contract for the Madison Street
Sanitary Sewer 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 $104,057.18 and the
said amount shall be paid from the Fiscal Year
2001 Sanitary Sewer Construction Fund of the
City of Dubuque, Iowa.
Section 2. That $33,657.74 of the cost thereof
shall be assessable upon private property and
$70,399.44 shall be paid from the Fiscal Year
2001 Sanitary Sewer Construction Fund.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 442-04
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF FINAL ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet, 1 to 1 inclusive, is
hereby determined to be the preliminary
schedule of final assessments for the Madison
Street Sanitary Sewer Extension Project and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Loras Boulevard Historic Lighting Project: City
Manager recommending acceptance of the
Loras Boulevard Historic Lighting Project as
completed by Westphal & Company, Inc., in the
final contract amount of $105,180.08, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 443-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Loras Boulevard
Historic Street Lighting 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
392
Regular Session, December 6, 2004
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 2004
Community Development Block Grant and from
the Street Light Replacement Fund in amounts
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 444-04
FINAL ESTIMATE
Whereas, the contract for the Loras Boulevard
Historic Street Lighting 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 $111,501.03 and the
said amount shall be paid from the Fiscal Year
2004 Community Development Block Grant and
the Street Light Replacement Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2004 Curb Ramp Installation - CDBG #1
Project: City Manager recommending
acceptance of the 2004 Curb Ramp Installation
- CDBG #1 Project as completed by Kluck
Construction in the final contract amount of
$32,168.50, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 445-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2004 Curb Ramp
Installation - CDBG Project #1 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 2005
Community Development Block Grant Funds in
amount equal to the amount of this contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 6'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 446-04
FINAL ESTIMATE
Whereas, the contract for the 2004 Curb Ramp
Installation - CDBG Project #1 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 $36,993.78 and the
said amount shall be paid from the Fiscal Year
2005 Community Development Block Grant
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Racing Association: City Manager
recommending approval of the request from the
Dubuque Racing Association to construct an
additional storage facility near the dog kennels,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
White Water Creek Bridge - Grant Agreement:
City Manager recommending approval of an
agreement with the State Historical Society of
Iowa for a Historic Resource Development
Program (HRDP) grant for relocation of the
White Water Creek Bridge, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 447-04
RESOLUTION APPROVING A HISTORIC
RESOURCE DEVELOPMENT PROGRAM
Regular Session, December 6, 2004
393
GRANT AGREEMENT FOR RELOCATION OF
THE WHITE WATER CREEK BRIDGE
Whereas, the State Historical Society of Iowa
has awarded the City of Dubuque a $30,000
Historic Resource Development Program
(HRDP) grant for relocation of the White Water
Creek Bridge; and
Whereas, the City Council has a signed
Memorandum of Agreement with the Federal
Highway Administration, State Historic
Preservation Office, and Dubuque County, and
an Intergovernmental Agreement with the State
Historic Preservation Office and Dubuque
County, that set forth the terms and conditions of
the relocation of the historic White Water Creek
Bridge for relocation of the White Water Creek
Bridge; and
Whereas, the City Council has budgeted funds
from the Bridge Maintenance Program for
relocation of the White Water Creek Bridge; and
Whereas, the City has an adopted
Comprehensive Plan with goals and objectives
for the preservation and interpretation of the
community's historic and cultural resources.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the Planning Service
Department Manager is hereby authorized to
sign the HRDP grant agreement with the State
Historical Society of Iowa on behalf of the City of
Dubuque for relocation of the White Water
Creek Bridge.
Section 2. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the project.
Passed, approved and adopted this 6th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Heritage Trail Interpretive Signs - Grant
Agreement: City Manager recommending
approval of an agreement with the State
Historical Society of Iowa for a Historic
Resource Development Program (HRDP) grant
for the third phase in the development of
interpretive signs for the Heritage Trail Riverfront
System, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 448- 04
RESOLUTION AUTHORIZING GRANT
AGREEMENT FOR HRDP FUNDS FOR
HERITAGE TRAIL INTERPRETIVE SIGNS
Whereas, the State Historical Society of Iowa
has Historic Resource Development Program
(HRDP) grant funds available for the
preservation and interpretation of Iowa's historic
and cultural resources; and
Whereas, the City of Dubuque has an adopted
Comprehensive Plan with goals and objectives
for the preservation and interpretation of the
community's historic and cultural resources; and
Whereas, the City of Dubuque has adopted
the Heritage Trail Master Plan and begun
construction of the Heritage Trail Riverfront
System; and
Whereas, the City of Dubuque has included
interpretive signs in the Vision Iowa project; and
Whereas, the State Historical Society of Iowa
has awarded the City an HRDP grant for
Heritage Trail Interpretive Signs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized
to sign the grant agreement with the State
Historical Society of Iowa for HRDP funds to
create interpretive signs for the Heritage Trail
Riverfront System.
Section 2. That the City of Dubuque agrees to
abide by all local, state, and federal
requirements applicable to the proposed project.
Passed, approved and adopted this 6th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Save America's Treasures Grant Agreement -
Shot Tower: City Manager recommending
approval of a $295,000 Save America's
Treasures grant agreement to stabilize and
rehabilitate the Shot Tower, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO, 449-04
RESOLUTION APPROVING A SAVE
AMERICA'S TREASURES GRANT AGREE-
MENT TO STABILIZE AND REHABILITATE
THE SHOT TOWER
Whereas, the National Park Services has
awarded the City of Dubuque a $295,000 Save
America's Treasures grant to stabilize and
rehabilitate the Shot Tower; and
Whereas, the City Council has budgeted funds
and received an Historic Sites Preservation
Grant from the State Historical Society of Iowa
to stabilize and rehabilitate the Shot Tower; and
Whereas, the stabilization and rehabilitation of
the Shot Tower is included in the City's Vision
Iowa project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
394
Regular Session, December 6, 2004
Section 1. That the Mayor is hereby authorized
to sign the Save America's Treasures grant
agreement with the National Park Services for
the stabilization and rehabilitation of the Shot
Tower.
Section 2. That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the project.
Passed, approved and adopted this 6th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Restore-O-Rama Workshop: Communication
from the Historic Preservation Commission
advising that the Midwest Office of the National
Trust for Historic Preservation (NTHP) has
asked the City to host a Restore-O-Rama
Workshop to be held in May, 2005, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Project Concern Purchase of Service
Agreement Amendment: City Manager
recommending approval of an amendment to the
Purchase of Service Agreement with Project
Concern to provide for completion of the
Downtown Resource Guide by December 31,
2004, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Section 8 Housing Program Assessment: City
Manager advising that the City's Section 8
Housing Project has received a High
Performance Rating from the U.S. Department
of Housing and Urban Development, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
West 32" Street Detention Basin Request for
Proposals: City Manager recommending
approval of the issuance of a Request for
Proposals (RFP) for design services for the
West 32" Street Detention Basin project,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Grand Excursion 2004: Report from the
Dubuque Area Chamber of Commerce
regarding the success of the Grand Excursion
2004, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Dubuque Area Workforce Recruitment
Campaign: Communication from Steward
Sandstrom regarding the Dubuque Area
Workforce Recruitment Campaign, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Zoning Board of Adjustment: Planning
Services Manager Laura Carstens advising that
Bill Felderman has resigned from the Zoning
Board of Adjustment due to time conflicts,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Highway 32 (Southwest Arterial) Consultant
Contract: City Manager recommending approval
of the Consultant Contract Scope of Services
and the associated cost proposal for the
Highway 32 (Southwest Arterial) design and
approaching the Dubuque County Board of
Supervisors and DMA TS for funding assistance,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 450-04
APPROVING THE CONSULTANT SCOPE OF
SERVICES AND THE ASSOCIATED COST
PROPOSAL ON BEHALF OF EARTH TECH,
INC. TO COMPLETE PRELIMINARY
ENGINEERING DESIGN SERVICES FOR THE
IMPROVEMENT OF IOWA HIGHWAY 32
(SOUTHWEST ARTERIAL)
Whereas, the City of Dubuque (City) is the
lead public agency responsible for the
administration of the Preliminary Design Phase
for improvement to Iowa Highway 32 (Southwest
Arterial) (the Project) which will include a
proposed four-lane freeway and an interim two-
lane highway on a new alignment between U.S.
Hwy 61/151 and U.S. Hwy 20; and
Whereas, a comprehensive Project Scope of
Services has been developed jointly between
Earth Tech, Inc. and both City and Iowa
Department of Transportation Staff and said
scope of services will become the foundation of
the Consultant Agreement for Professional
Services between Earth Tech, the City and the
Iowa DOT and will culminate in a Standard
Design Contract in accordance with the Iowa
Department of Transportation Policy #300.12;
and
Whereas, a comprehensive Project Scope of
Services has been developed and the
associated Cost Proposal to complete
Preliminary Engineering Design Services for the
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, December 6, 2004
395
Section 1. That said Project Scope of Services
and the associated Cost Proposal to complete
Preliminary Engineering Design Services for the
Project is hereby approved.
Section 2. That said Project Scope of Services
and the associated Cost Proposal amount is
subject to the completion and approval of the
pre-audit by the Iowa Department of
Transportation.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 451-04
AUTHORIZING THE CITY MANAGER TO
REQUEST ADDITIONAL FUNDING THROUGH
THE DUBUQUE METROPOLITAN AREA
TRANSPORTATION STUDY (DMATS) AND
TO REQUEST THAT DUBUQUE COUNTY
PARTICIPATE IN THE LOCAL MATCH TO
FUND THE PRELIMINARY ENGINEERING
DESIGN SERVICES FOR THE IMPROVEMENT
OF IOWA HIGHWAY 32 (SOUTHWEST
ARTERIAL)
Whereas, the City of Dubuque (City) is the
lead public agency responsible for the
administration of the Preliminary Design Phase
for improvement to Iowa Highway 32 (Southwest
Arteriai) (the Project) which will include a
proposed four-lane freeway and an interim two-
lane highway on a new alignment between U.S.
Hwy 61/151 and U.S. Hwy 20; and
Whereas, the City in partnership with Dubuque
County (County), the iowa Department of
Transportation and the Federal Highway
Administration (FHWA), secured a
Transportation Equity Act for the 21 st Century
(TEA-21) Surface Transportation Program (STP)
Grant (Project No. STP-U-2100 (634)--70-31)
which will finance the Consultant Preliminary
Design for the Project; and
Whereas, additional funding is required for the
completion of the Preliminary Engineering
Design Consultant Contract for the Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said City Council does hereby
authorize the City Manager to request additional
funding through Dubuque Metropolitan Area
Transportation Study (DMA TS) for the Project.
Section 2. That said City Council does hereby
authorize the City Manager to request that
Dubuque County participate in the 10% local
funding match.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Traffic Signal Removal - 16th and Sycamore
Streets: City Manager recommending ap,Rroval
of the removal of traffic signals at 16 and
Sycamore Streets, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO, 452-04
REQUIRING THE REMOVAL OF THE
TRAFFIC SIGNAL AT 16TH AND SYCAMORE
STREETS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the City Manager is hereby
directed to remove the traffic signal at 16th and
Sycamore Streets.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Human Rights Commission Annual Report:
City Manager transmitting the 2004 Human
Rights Commission Annual Report, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nichoison.
Motion carried 7-0.
Government Performance and Results Act
(GPRA) Annual Products Report: City Manager
transmitting the 2004 Government Performance
and Results Act (GPRA) Annual Products
Report, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Iowa League of Cities: Communication from
the Iowa League of Cities requesting that the
City Manager serve on the League's Policy
Committee, presented and read. Buol moved
that the communication be received and filed
and approved request. Seconded by Nicholson.
Motion carried 7-0.
Citizen Communication: Communication from
Dave Meyers, 835 Council Hill Drive, regarding
the intersection of Highway 20/John F. Kennedy
Road/Cedar Cross Road, presented and read.
Connors moved that the communication be
received and filed and referred to the City
Manager. Seconded by Nicholson. Motion
carried 7-0.
Business Licenses:
396
Regular Session, December 6, 2004
RESOLUTION NO. 453-04
Whereas, applications for Beer Permits have
been submitted and fiied 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 appiicants a Beer
Permit.
CLASS "C" BEER PERMIT
Molo Oil Company Big 10 Mart+
(Sunday Sale) 9th & Central Ave.
Rainbo Oil Company Kwik Stop Food Mart+
(Sunday Sale) 4039 Pennsylvania
Rainbo Oil Company Kwik Stop Food Mart+
(Sunday Sale) 2320 Hwy 61
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 454-04
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 "B" (HOTEUMOTEL) LIQUOR LICENSE
Design Center, Inc. Julien Inn+
(Sunday Sale) 200 Main St
Kinseth Hotel Corp. Holiday Inn Dubuque 5
Flags+{Sunday Sale) 450 Main St
WCB Hotels, Inc Hoffman House /3100 Club+
(Sunday/Outdoor Sale) 3100 Dodge St
CLASS "C" BEER/LIQUOR LICENSE
Bruggeman, Inc Andaluz
253 Main St
Instant Replay+
1602 Central Av
Cue Masters
900 Central Av
The White House
450 W. Locust St
Pepper Sprout
Pamela Arensdorf
(Sunday Sale)
Cue Masters Biliiards LLC
Billiards+(Sunday Sale)
David Hoffman
Pepper Sprout, Inc
378 Main St
The Moracco, Inc The Moracco+
(Sunday Sale) 1413 Rockdale Rd
CLASS "B" NATIVE WINE PERMIT
DBQ Area Chamber of Comm. DBQ Area
Chamber of Commerce 300 Main St
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Historic Preservation Revolving Loan Fund -
$200,000 General Obligation Capital Loan Note:
City Manager recommending that a public
hearing be set for December 20, 2004 to
consider approval of an offer by Premier Bank to
provide $200,000 to the City for ten years,
interest free, for the Historic Preservation
Revolving Loan Fund, financed with a $200,000
General Obligation Capital Loan Note,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 455-04
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF $200,000 URBAN RENEWAL TAX
INCREMENT REVENUE NOTE OF DUBUQUE,
IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
WHEREAS, it is deemed necessary and
advisable that the City of Dubuque, Iowa, should
issue an Urban Renewal Tax Increment
Revenue Note to the amount of $200,000, as
authorized by Section 403.9 of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out a project as hereinafter
described; and
WHEREAS, Section 403.9 sets forth the
procedural action required to be taken before
said Urban Renewal Tax Increment Revenue
Note may be issued, and it is therefore
necessary that the action hereinafter described
be taken and that the Clerk publish a notice of
the proposal and of the time and place of the
meeting at which the Council proposes to take
action thereon and to receive oral and/or written
objections from any resident or property owner
of said City to such action.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the
Auditorium, Carnegie-Stout Public Library,
Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th
day of December, 2004, for the purpose of
Regular Session, December 6, 2004
397
taking action on the matter of the issuance of a
$200,000 Urban Renewal Tax Increment
Revenue Note, the proceeds of which will be
used to provide funds to pay costs of aiding in
the planning, undertaking and carrying out of
urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa
and the Urban Renewal Plan for the Greater
Downtown Urban Renewai District, including the
funding of loans to property owners in
designated historic preservation districts or who
own a City designated landmark for exterior
rehabilitation projects.
Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a legal newspaper,
printed wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four clear days nor more than
twenty days before the date of said public
meeting on the issuance of said obligations.
Section 3. The notice of the proposed action
to issue said Urban Renewal Tax Increment
Revenue Note shall be in substantially the
following form:
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
$200,000 URBAN RENEWAL TAX
INCREMENT REVENUE NOTE OF SAID CITY,
AND THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the
Council of the City of Dubuque, Iowa, will hold a
public hearing on the 20th day of December,
2004, at 6:30 o'clock P.M., in the Auditorium,
Carnegie-Stout Public Library, Dubuque, Iowa,
at which meeting the Council proposes to take
additional action for the issuance of a $200,000
Urban Renewal Tax Increment Revenue Note in
order to provide funds to pay costs of aiding in
the planning, undertaking and carrying out of
urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa
and the Urban Renewal Plan for the Greater
Downtown Urban Renewal District, including the
funding of loans to property owners in
designated historic preservation districts or who
own a City designated landmark for exterior
rehabilitation projects.
At the above meeting the Council shall receive
oral or written objections from any resident or
property owner of said City to the above action.
After all objections have been received and
considered, the Council will at this meeting or at
any adjournment thereof, take additional action
for the issuance of said Urban Renewal Tax
Increment Revenue Note or will abandon the
proposal to issue said obligations. Said hearing
and appeals therefrom shall be held in
accordance with and governed by the provisions
of Section 403.9 of the Code of Iowa.
This notice is given by order of the Council of
Dubuque, Iowa, as provided by Section 403.9 of
the Code of Iowa. Code Section 403.9 shall
govern this meeting and action taken thereat.
Dated this 7th day of December, 2004.
Jeanne F. Schneider
City Clerk of Dubuque, Iowa
(End of Notice)
PASSED AND APPROVED this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
setting this date of publiC hearing for 12/20/04 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 Connors. Motion carried 7-0.
2004 Sanitary Sewer Lining Project - Initiate:
City Manager recommending initiation of the
public bidding process for the 2004 Sanitary
Sewer Lining Project and recommending that a
publiC hearing be set for January 17, 2005 on
adoption of the plans and specifications and
award of the contract, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 456-04
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
Sanitary Sewer Lining Project in the estimated
amount $163,956.65 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 457-04
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 2004 Sanitary Sewer Lining Project.
398
Regular Session, December 6, 2004
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 17th
day of January, 2005, 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 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution and
set date of hearing on plans and specifications
for 1/17/05 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 Connors.
Motion carried 7-0.
RESOLUTION NO. 458-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 2004 Sanitary Sewer Lining 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 29th day of December, 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'h day of January,
2005.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Highway 20 Sanitary Sewer Extension Project
- Initiate: City Manager recommending initiation
of the public bidding process for the Highway 20
Sanitary Sewer Extension Project and
recommending that a public hearing be set for
January 17, 2005 on adoption of the plans and
specifications and award of the contract,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 459-04
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 U.S.
Highway 20 Sanitary Sewer Extension Project in
the estimated amount $573,946.97 are hereby
approved and ordered filed in the office of the
City Cierk for public inspection.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 460-04
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 U.S. Highway 20 Sanitary 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'h
day of January, 2005, 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 pians 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.
399
Regular Session, December 6, 2004
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution setting
date of hearing on plans and specifications for
1/17/05 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 Connors.
Motion carried 7-0.
RESOLUTION NO. 461-04
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the U.S.
Highway 20 Sanitary Sewer Extension Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
Resolution of Necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property lying with the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from Sanitary Sewer
Construction Fund and special assessment
bonds may be issued in anticipation of deferred
payments of assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 6th day of December, 2004.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 462-04
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
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
for the U.S. Highway 20 Sanitary Sewer
Extension Project; and
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That on the 17'h day of January, 2005, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium in the City of Dubuque at
which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the final adoption of a Resolution of
Necessity and the City Clerk be and is hereby
authorized and 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
published once each week for two consecutive
weeks, the first publication of which shall be not
less than ten days prior to the day fixed for its
consideration. Unless property owners at the
time of the final consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objections
thereto.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 463-04
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, Page 1 to Page 1
inclusive, are hereby determined to be the
schedule of proposed assessments for the U.S.
Highway 20 Sanitary Sewer Extension Project
and the valuations set out herein are hereby
approved.
400
Regular Session, December 6, 2004
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO, 464-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the U.S. Highway 20 Sanitary 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 6TH day of January, 2005. 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'h day of January,
2005.
Passed, adopted and approved this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Harvest View Park Construction Project -
Initiate: City Manager recommending initiation of
the public bidding process for the Harvest View
Park Construction Project and recommending
that a public hearing be set for January 17, 2005
on adoption of the plans and specifications and
award of the contract, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 465-04
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
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 Harvest
View Park Development Project, in the
estimated amount of $100,440, are hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 466-04
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 Harvest View Park Development Project.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 17th day of
January, 2005, a public hearing will be held 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, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution setting
the date of hearing on plans and specifications
for 1/17/05 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 Connors.
Motion carried 7-0.
RESOLUTION NO. 467-04
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the HARVEST VIEW PARK
DEVELOPMENT PROJECT is hereby ordered
to be advertised for bids for construction,
BE IT FURTHER RESOLVED, that the arnount
of the security to accornpany 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
Regular Session, December 6, 2004
401
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 January, 2005. 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 17th day of January,
2005,
Passed, approved and adopted this 6th day of
December, 2004.
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commissions:
Human Rights Commission (One Unexpired 3-
Year Term Through 1/1/07; Three 3-Year Terms
Through 1/1/07 - Terms of Murray, Oswald and
Ross)
Applicants: James Jarrard, Gary McAlpin, Lou
Oswald, Bill Ross
James Jarrard, Gary McAlpin, Lou Oswald,
and Bill Ross spoke requesting consideration for
appointment.
Arts and Cultural Affairs Commission: (1) Four
Three-Year Terms Through 6/30/07 - Arts
Knowledge/Interest; (2) Two Two-Year Terms
Through 6/30/06 - Business/Professional (One
Applicant Must LivelWork Within District); (3)
One Two-Year Term Through 6/30/06 - At
Large
Applicants - Arts Knowledge/Interest: Ken
Bichell, Catherine Goodman, Richard Hall, Ellen
Henkels, Louise Kames, Jane Kenworthy, Paul
Kohl, loana Mamali, Michele McKinlay, Gene
Perry, Susan Riedel, John Tilton, Mark Wahlert,
Vincent Williams, John Woodin;
Applicants - Business/Professional (One
Applicant Must LivelWork Inside District):
Inside District: Mirdza Berzins, William
Intriligator, Louise Kames, Amy Link, John
Tilton; Outside District; Catherine Goodman,
Jim Grady, Ellen Henkels, Cheryl Jacobsen,
David Kessler, Karen Ridings
Applicants - At Large: Rebecca Fabricius,
Catherine Goodman, Jim Grady, Ellen Henkels,
Louise Kames, David Kessler, Susan Riedel,
John Tilton
The following spoke requesting consideration
for appointment to the Arts/Cultural Affairs
Advisory Commission: Rebecca Fabricius,
Richard Hall, Ellen Hartmann Henkels, William
Intrilligator, Cheryl Jacobsen, Louise Kames,
Jane Kenworthy, David Kessler, Paul Kohl, Amy
Link, loana Mamali, Susan Riedel, John Tilton,
Mark Wahlert, Vincent Williams, John Woodin.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Michalski. Motion carried 7-0.
Transit Fare Increase: Proof of publication on
notice of hearing to consider a recommendation
from the Transit Board to raise minibus fares
and to adopt other recommendations from the
Human Rights ADA Paratransit Review
conducted last summer and City Manager
recommending approval, presented and read.
Markham moved to receive and file the proof
and communication and approve the
recommendation to increase the fares.
Seconded by Cline. Motion failed due to the
following vote: Yeas-Duggan; Nays-Buol,
Cline, Connors, Markham, Michalski, Nicholson.
Bonnie Meyers and Sara Davidson spoke
objecting to any fare increase. Lou Oswald
objected also, citing a hardship on the very low
income riders and stating that $31,000 is a small
amount to find in the budget so as not to raise
fares.
Mark Munson, Transit Manager, stressed the
service is required by the ADA and the cost for
each ride is $6.00.
After Council discussion, Michalski moved to
refer back to the Transit Board. Seconded by
Cline. Motion carried 7-0.
Twelfth Street - Request to Vacate: Proof of
publication on notice of hearing to consider a
request from the Dubuque Community School
District for the vacating and disposal of a portion
of 12'h Street between Central Avenue and
White Street and the adjacent alley from 11 ~
Street to 13~ Street and City Manager
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
Communication from John Burgart,
Superintendent of Schools, advising that the
Dubuque Community School District will be
responsible for the relocation of publiC utilities on
the proposed vacated 12th Street and the
adjacent alley between 11'h and 13'h Streets
between Central Avenue and White Streets,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Communication from Gene Sands, 1516
Central Avenue, in opposition to the closing of
12'h Street, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
402
Regular Session, December 6, 2004
Doug Horstmann of the Dubuque Community
School Board spoke and gave the history and
specifics of this project. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Robert Felderman, 1980 Marion Street, spoke
voicing concem of the "island" mentality and
stressed using a temporary closing, rather than
fully closing Twelfth St. between Central and
White, presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
P.J. Anglin, 5130 Dunn Rd., East Dubuque,
IL, spoke stating he is a property owner in the
area and was not contacted and objects to the
closing, stating 13th Street can't handle the
additional traffic, presented and read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Tony Zelinskas with WHKS, spoke stating they
contacted over fifty business owners for the
study and received only eleven responses,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Council discussed the closing of Twelfth
Street, ultimately stating it was necessary for the
new school.
RESOLUTION NO. 468-04
APPROVING A PLAT OF PROPOSED
VACATED 12th STREET BETWEEN CENTRAL
AVENUE AND WHITE STREET AND THE
ADJACENT ALLEY FROM 11TH STREET TO
13TH STREET
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 8th day of November, 2004, a copy of
which is attached hereto, prepared by MSA
Professional Services, describing the proposed
vacated 12th Street between Central Avenue and
White Street and the adjacent alley from 11~
Street to 13th Street; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 8th day of
November, 2004, prepared by MSA Professional
Services, relative to the real estate hereinabove
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
An Ordinance Vacating 12'h Street between
Central Avenue and White Street and the
adjacent alley from 11th Street to 13~ Street,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 80-04
VACATING 12th STREET BETWEEN
CENTRAL AVENUE AND WHITE STREET
AND THE ADJACENT ALLEY FROM 11TH
STREET TO 13TH STREET
Whereas, Dubuque Community School District
has requested the vacating of 12th Street
between Central Avenue and White Street and
the adjacent alley from 11 ~ Street to 13~ Street;
and
Whereas, MSA Professional Services has
prepared and submitted to the City Council a
plat a copy of which is attached hereto showing
the proposed vacated 12th Street between
Central Avenue and White Street and the
adjacent alley from 11th Street to 13th Street and
has assigned lot numbers thereto, which
hereinafter shall be known and described as Lot
A and Lot B of City Lot 445 and Lot A of City Lot
446, in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, the City Council of Dubuque, Iowa
has determined that part of 12'h Street between
Central Avenue and White Street and the
adjacent alley from 11~ Street to 13'h Street is
no longer required for public use, that existing
utilities will be relocated at the expense of the
Dubuque Communit~ Schools and that the
vacating of said 12 Street between Central
Avenue and White Street and the adjacent alley
from 11th Street to 13th Street known as Lot A
and Lot B of City Lot 445 and Lot A of City Lot
446, in the City of Dubuque, Dubuque County,
Iowa should be approved.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot A and Lot B of City Lot 445 and Lot A of City
Lot 446 in the City of Dubuque, Dubuque
County, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 11th day of December, 2004.
Jeanne F. Schneider, City Clerk
Regular Session, December 6, 2004
403
11 12/11
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 Cline. Motion carried 7-0.
RESOLUTION NO. 469-04
DISPOSING OF CITY INTEREST IN VACATED
12th STREET BETWEEN CENTRAL AVENUE
AND WHITE STREET AND THE ADJACENT
ALLEY FROM 11TH STREET TO 13TH STREET
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 19th day of November, 2004, the
City Council of the City of Dubuque, Iowa met on
the 6th day of December, 2004, at 6:30 p.m. in
the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to
consider the proposal for the disposition of real
estate described as:
Lot A and Lot B of City Lot 445 and Lot A of
City Lot 446 in the City of Dubuque, Dubuque
County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposition of City of
Dubuque real property described as Lot A and
Lot B of City Lot 445 and Lot A of City Lot 446 in
the City of Dubuque, Iowa to the Dubuque
Community School District be and the same is
hereby approved for the costs of platting,
publication, and filing fees and the costs of
engineering, construction, and inspection of the
relocation of all utilities affected by the vacating
of 12'h Street between Central Avenue and
White Street and the adjacent alley from 11th
Street to 13th Street. Conveyance shall be by
Quit Claim Deed.
Section 2. That the relocation of all utilities
affected by the vacating of 12'h Street between
Central Avenue and White Street and the
adjacent alley from 11th Street to 13th Street. to
be engineered, constructed, and inspected at
the expense of the Dubuque Community School
District, shall be in accordance with City of
Dubuque Standards and Specifications.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
the Dubuque Community School District upon
payment of all costs referred to herein by the
Dubuque Community School District.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Southgate Center Second Addition - Request
to Vacate: Proof of publication on notice of
hearing to consider vacating and disposing of a
twenty-foot wide utility easement over and
across Lot 1 of 1 of Southgate Center Second
Addition as requested by IIW Engineers &
Surveyors, PC and City Manager recommending
approval, presented and read. Buol moved that
the proof and communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 470-04
RESOLUTION DISPOSING OF CITY
INTEREST AND VACATING A 20-FOOT WIDE
UTILITY EASEMENT OVER LOT 1 OF 1 OF
SOUTHGATE CENTER SECOND ADDITION
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 19th day of November, 2004, the
City Council of the City of Dubuque, Iowa met on
the 6th day of December, 2004, at 6:30 p.m. in
the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to
consider the proposal for the sale of real estate
described as:
A 20-foot utility easement over and across Lot
1 of 1 of Southgate Center Second Addition in
the City of Dubuque, Dubuque County, Iowa, as
shown on the attached Exhibit A
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of
interest of the City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of interest of the
City of Dubuque, Dubuque County, Iowa, in real
property described as a 20-foot utility easement
over and across Lot 1 of 1 of Southgate Center
404
Regular Session, December 6, 2004
Second Addition in the City of Dubuque,
Dubuque County. Iowa. to Dubuque Southgate
Development, Ltd. be and the same is hereby
approved for the cost of publication and filing
fees.
Section 2. That the Mayor be authorized and
directed to execute a Release of Easement, and
the City Clerk be and is hereby authorized and
directed to deliver said Release to Dubuque
Southgate Development, Ltd. upon receipt of the
above fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 6th day of
December. 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Markham moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
Proceedings to Acquire Vacant and
Abandoned Property - 409 Burch Street: City
Manager recommending approval to petition the
District Court to enter judgment for a vacant and
abandoned home located at 409 Burch Street
and awarding title of the property to the City,
presented and read.
Dave Stuart spake stating that John White, the
owner of the property, could not be in
attendance at this meeting but he was
authorized to speak for him. He stated
enormous work had been done on the house
and claimed there was no accumulated garbage
and that the roof was half finished.
Margaret Wimmer. 420 Burch, stated she has
looked at it every day and there has not been
much improvement in the last year.
Cline moved to table this matter. Seconded by
Michalski. Motion failed due to the following
vote: Yeas-Cline. Michalski. Nays-Buol,
Connors. Duggan, Markham, Michalski,
Nicholson.
Cline moved to receive and file the documents
and approve the proceedings to acquire the
property. Seconded by Markham. Motion carried
7-0.
Stonehill Sidewalk Removal Request (Tabled
at Meeting of November 1, 2004): Michalski
moved that the following item be removed from
the table. Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending approval of an
agreement which permits Stone hill Community
Association to remove the public sidewalk on
their property abutting Windsor Avenue with the
understanding that it will be replaced upon
development of the abutting property, presented
and read. Michalski moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
North Grandview Estates - Final Plat: City
Manager recommending approval of the final
plat of Lots 1 through 40. inclusive, and Lot A of
North Grandview Estates and further
recommending that the property owners extend
City utilities, including the installation of a
sanitary sewer main, for future development of
adjoining property. presented and read.
Joe Bitter, Attorney at Law, representing the
property owners. stated It was unreasonable to
make improvements for future development that
may not occur.
Richard Henkel spoke stating they have
worked with staff from day one and felt he
should not have to make improvements from
which his subdivision will not benefit.
Cline moved that the communication be
received and filed and the property owner be
required to install the manhole and dedicate the
easement but not install the sanitary sewer main
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 471-04
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND
LOT A OF NORTH GRANDVIEW ESTATES, IN
THE CITY OF DUBUQUE, IOWA.
Whereas. there has been filed with the City
Clerk a final plat of Lots 1 thru 40, Inclusive, and
Lot A of North Grandview Estates in the City of
Dubuque, Iowa; and;
Whereas, upon said final plat appears a street
to be known as Helen Ridge Court (Lot A),
together with certain public utility storm and
sanitary sewer easements all in North
Grandview Estates, which the owner, by said
final plat, has dedicated to the public forever:
and
Whereas. the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon: and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 3 below: and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
Regular Session, December 6, 2004
405
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Helen Ridge
Court (Lot A), and the easements for public
utilities, sanitary sewer and storm sewer as they
appear upon said final plat, be and the same are
hereby accepted; and
Section 2. That the final plat of Lots 1 thru 40,
Inclusive, and Lot A of North Grandview Estates,
is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners
of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Helen Ridge Court (Lot A) to
grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or
with concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer;
(b) To install sanitary sewer and service
laterals, water mains and water service laterals
into each individual lot, storm sewers and catch
basins, boulevard street lighting and erosion
control devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer;
(c) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(d) To construct storm water detention
facilities in a manner acceptable to the City
Engineer, in accordance with construction
improvement plans approved by the City
Engineer, prior to grading associated with the
proposed streets;
(e) To maintain the above public
improvements, for a period of two (2) years from
the date of the acceptance of those
improvements by the City of Dubuque, Iowa, at
the sole expense of the owners, or future owner;
And, further provided that said Grandview
Estates, LLC, as owner of said property, shall
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Parking on Helen Ridge court shall
be restricted to the north and west sides of the
street. Parking on Helen Ridge Court is being
restricted to one side of the street as the
developer is proposing to construct the street to
the City's reduced street standard of 27 -foot of
paving and 42 foot of right-of-way.
Section 4. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 5. The developer will maintain the
detention facilities constructed as part of North
Grandview Estates Subdivision until it has been
fully completed and 80% of the sum of the
platted lots in the entire North Grandview
Estates is fully developed and the remaining
20% of these lots have installed adequate
erosion control measures as approved by the
City. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lots 11 and 14) shall be
assessed against the lot owners of North
Grandview Estates, in equal amounts, and the
City Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in
the same manner as general property taxes in
accordance with provisions of law.
Section 6. That the City may install a portion
of the sanitary sewer mains and sewer service
laterals into each individual lot. The costs
associated with this installation shall be
reimbursed to the City from the developer, his
successors and assigns as each lot is sold, with
a balloon payment at the end of five years from
the date of this resolution, all in accordance with
the development agreement between the City of
Dubuque and Grandview Estates, LLC.
Section 7. That the City may install a portion of
the water mains and service laterals into each
individual lot. The costs associated with this
installation shall be reimbursed to the City from
the developer, his successors and assigns as
each lot is sold, with a balloon payment at the
end of five years from the date of this resolution,
all in accordance with the development
agreement between the City of Dubuque and
Grandview Estates, LLC.
Section 8. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
406
Regular Session, December 6, 2004
plans and City standard specifications and
accepted by City Council Resoiution.
Section 9. That in the event North Grandview
Estates, LLC fails to execute the acceptance
and furnish the guarantees provided in Section 2
hereof within 180 days after the date of this
Resoiution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 6th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 471-04
We, the undersigned, Richard Henkel and
Sandra Wiliiams, representing North Grandview
Estates, L.L.C., having read the terms and
conditions of Resolution No. 471-04 and being
familiar with the conditions thereof, hereby
accept the same and agree to the conditions
required therein.
Dated this 6th day of December 2004.
Isl Richard Henkel
Isl Sandra Williams
Cline moved that the property owner be
required to install the manhole and dedicate the
easement but not install the sanitary sewer, and
moved adoption of the Resolution. Seconded by
Buol. Motion carried 7-0.
Designation of "No Parking" Area: City
Manager recommending approval of the
designation of a "No Parking" area in the alley
that extends from Nevada Street east toward
Alpine Street and south to West 3'd Street.
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
An Ordinance Amending Section 32-262(d) of
the Code of Ordinances of the City of Dubuque,
Iowa prohibiting parking on designated streets or
portions thereof adding the alley from Nevada
Street to West Third Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 81-04
AN ORDINANCE AMENDING SECTION 32-
262(d) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
PROHIBITING PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF ADDING
THE ALLEY FROM NEVADA STREET TO
WEST THIRD STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Code of Ordinance of the
City of Dubuque, Iowa is amended by adding to
Subsection (d) of Section 32-262 the following:
Alley, both sides, from Nevada Street to West
Third Street.
Passed, approved and adopted this 6th day of
December, 2004.
Terrance A. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officiall~ in the Telegraph Herald
newspaper this 11 t day of December, 2004.
Jeanne F. Schneider, City Clerk
1t 12/11
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 Cline. Motion carried 7-0.
MidAmerica Housing Partnership Application:
City Manager recommending approval of a
resolution of support for the MidAmerica
Housing Partnership's application to the
Department of Economic Development for
HOME Program funds for construction of
affordable town homes in Eagle Valley
Subdivision, presented and read.
RESOLUTION NO. 472-04
A RESOLUTION OF SUPPORT FOR THE
CONSTRUCTION OF AFFORDABLE SINGLE
FAMILY TOWNHOMES IN THE EAGLE
VALLEY SUBDIVISION
Whereas, MidAmerica Housing Partnership
(MAHP) proposes to construct eight town homes
affordable to households earning less than 80%
of area median income, in the Eagle Valley
Subdivision in the City of Dubuque; and
Whereas, the City of Dubuque is supportive of
provision of new single family housing affordable
to low- and moderate-income families; and
Whereas, the City of Dubuque has provided
the developers of Eagle Valley Subdivision with
financial assistance in the interest of reducing
development costs and producing affordable
housing; and
Whereas, MAHP has requested Iowa
Department of Economic Development
assistance from the American Dream
Downpayment Initiative (ADD I) program in order
to reduce sale prices to lower-income families.
THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City of Dubuque supports the
application of MidAmerica Housing Partnership
to the Iowa Department of Economic
Development for HOME Program American
Dream Downpayment Initiative funds to assist in
development of the proposed MAHP housing in
the Eagle Valley Subdivision.
Section 2. City Community Development Block
Grant funds in the total amount of $44 000 are
Regular Session, December 6, 2004
407
authorized as a grant to MAHP for construction
subsidy of the affordable town house units.
Passed, approved and adopted this 6th day of
December 2004.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
American Public Works Association: City
Manager advising that Operations and
Maintenance Street and Sewer Maintenance
Supervisor John Klostermann has received the
American Public Works Association Iowa
"Leader of the Year" award, presented and read.
Michalski moved that the communication be
received and filed and offered congratulations to
John. Seconded by Nicholson. Motion carried
7-0.
Fiscal Year 2006 Budget Hearing Schedule:
City Manager recommending approval of the
Fiscal Year 2006 budget hearing schedule,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Fiscal Year 2006 Policy Guidelines: City
Manager recommending approval of the Policy
Guidelines for the Fiscal Year 2006 budget,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by Buol.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski commented that the WinterFest
weekend was remarkable. Markham reported
that a workshop at the National League of Cities
Conference regarding cooperation between a
city and local school board was very interesting
and that the City of Dubuque and Dubuque
Community School Board could be proud of their
working relationship.
PUBLIC INPUT
Scott Runde spoke stating he had been told he
could not stop City refuse pickup for his
apartment house and questioned the policy.
Michalski referred him to the Solid Waste
Agency and the City's Soiid Waste Management
Supervisor will contact him.
There being no further business, upon motion
meeting adjourned at 9:33 P.M.
Isl Jeanne F. Schneider, CMC
City Cierk
1t 12/15
2005
2005
Council Members
...,.- c::-'
/. c7&.
408
Special Session, December 13, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, December 13,
2004
Council met in Special Session at 6:00 P.M. in
the Library Auditorium
Present: Mayor Pro- Tem Markham, Council
Members Buol, Connors, Nicholson, City
Manager Van Milligen, Corporation Council
Lindahl
Absent: Mayor Duggan, Council Members
Cline, Michalski
Mayor Pro-Tem Markham read the call and
stated this is a special session of the City
Council called for the purpose of discussing the
design of the Bee Branch Creek Restoration
Project.
Dan Lau, CDM, presented a general overview
of the project background, preliminary design
(including alignment and design characteristics,
performance and appearance), and
implementation considerations. He discussed
the pros and cons of the alternative northeast
channel alignment from the railroad tracks to
Sixteenth Street versus the southem alignment
around the Smithfield property and the reasons
why the southern alignment was the preferred
channel alignment.
Lau discussed the amenities to be included as
part of the project along with aesthetic details,
including recommended green solutions.
Also discussed was the timeframe for
acquisition of the necessary property. Van
Milligen stated that acquisition could begin on
July 1, 2005 (Fiscal Year 2006) and continue
until construction begins, which is anticipated to
be Fiscal Year 2009, with completion of the
project in Fiscal Year 2013. Connors
questioned how many of the properties to be
purchased were owner-occupied versus rental
properties. This information will be provided.
There being no further business, Buol moved
to adjoum. Seconded by Connors. Motion
carried 4-0. The meeting adjourned at 7:23
P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
1t 12/22
2005
2005
Council Members
~
Regular Session, December 20, 2004
409
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, December 20,
2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council
Buol, Cline, Connors, Markham,
Nicholson, City Manager Van
Corporation Counsel Lindahl
Members
Michalski,
Milligen,
Mayor Duggan read the call and stated this is
the 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 Mark
Ressler, Pastor, St. Joseph the Worker Catholic
Church.
Proclamations: Appreciation to Bill Baum,
retiring Economic Development Director;
Appreciation to Jim Waller, County Supervisor.
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV
Regulatory Commission of 12/8; City Council of
12/6 and 12/13; Civil Service of 10/13;
Environmental Stewardship Advisory
Commission of 11/2 and 12/8; Human Rights
Commission of 11/8; Park and Recreation
Commission of 12/7; Zoning Advisory
Commission of 12/1, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
City of Dubuque Financial Reports for the
month ending November 30, 2004 (On file in the
City Clerk's Office), presented and read. Buol
moved that the reports be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Proof of publication of City Council
Proceedings of November 15, 2004 (On file in
the City Clerk's Office), presented and read.
Buol moved that the proof be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Library Board of Trustees Update from
Meeting of November 18, 2004, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Notice of Claims/Suits: Paula Ann Kaufmann
for personal injury; Karen S. Powers for personal
injury; Randel J. Roy for vehicle damage,
presented and read. Buol moved that the claims
and suits be received and filed and referred to
Legal for investigation. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsei advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Paula Ann
Kaufmann for personal injury; Karen S. Powers
for personal injury, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending approval
of the claim of Randel J. Roy for vehicle damage
and directing the Finance Department to issue
payment, presented and read. Buol moved that
the communication be received and filed and
concurred and Finance Department to issue
proper check. Seconded by Nicholson. Motion
carried 7-0.
Arts Funding: Communication from Melissa A.
Hancock urging the City Council to approve
$250,000 of general operating funds for
Dubuque arts organizations, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Administrative Services Agreement with
Express Scripts, Inc.: City Manager
recommending approval of an Administrative
Services Agreement between the City of
Dubuque and Express Scripts, Inc. to provide
management of the City's pharmacy benefits,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Purchase of Property - 695 West 32"' Street:
City Manager recommending approval of the
purchase of a residential dwelling located at 695
West 32"' Street as part of the acquisition
pro~ram associated with expansion of the West
32" Street detention basin, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 473-04
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 695 WEST 32"0 STREET, IN THE CITY OF
DUBUQUE
410
Regular Session, December 20, 2004
Whereas, the City of Dubuque intends to
acquire certain properties located in the area
adjacent to the West 32"' Street detention basin
for purposes of stormwater mitigation activities
as recommended in the 2001 HDR "Drainage
Basin Master Plan;" and
Whereas, a purchase agreement has been
finalized with the owner of the sixth property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
Lots 5 and 5A in Fink's Subdivision in the City
of Dubuque, Iowa according to the Plat thereof
in Dubuque County, Iowa at the cost of Eighty-
six thousand dollars ($86,000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Federal Legislative Priorities: City Manager
recommending approval of the "City of Dubuque
Federal Legislative Priorities," presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Flynn Addition - Plat of Survey: Zoning
Advisory Commission recommending approval
of the Plat of Survey of Lots 1 and 2 of Flynn
Addition located east of Schloth Road in
Dubuque County, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 474-04
RESOLUTION APPROVING THE PLAT OF
SURVEY OF LOTS 1 & 2 OF FLYNN
ADDITION IN DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a plat of survey of Lots 1 & 2 of Flynn
Addition in Dubuque County, Iowa; and
Whereas, said plat of survey has been
examined by the Zoning Advisory Commission
and its approval endorsed thereon; and
Whereas, the survey plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
and Lot 2 to have 0 feet of lot frontage, where 50
feet of lot frontage is required.
Section 2. That the plat of survey of Lots 1 & 2
of Flynn Addition is hereby approved, and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said plat of survey.
Section 3. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19(b), Lots and Blocks.
Passed, approved and adopted this 20th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Shot Tower - Save aUf His/ory Grant: City
Manager recommending approval of a $10,000
Save aUf His/ory grant application for the
Dubuque Shot Tower History Project, which is a
collaborative historical research project of the
Historic Preservation Commission and Central
Alternative High School, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 475-04
RESOLUTION AUTHORIZING SUBMITTAL OF
A SA VE OUR H/STORY GRANT
APPLICATION FOR THE DUBUQUE SHOT
TOWER HISTORY PROJECT
Whereas, the History Channel has announced
that the Save aUf His/ory National Grant
Program has funds available for historical
organizations that partner with educators on
unique, rewarding projects that help students
learn about and appreciate the history of their
local communities; and
Whereas, Central Alternative High School and
the City's Historic Preservation Commission
have agreed to collaborate on a historical
research project for the Shot Tower concurrent
with the City's restoration efforts, and then to
make this information available to the general
public; and
Regular Session, December 20, 2004
Whereas, the Dubuque Shot Tower History
Project is consistent with the Commission's
mission and goals as listed in the City's Historic
Preservation Ordinance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the submission of a $10,000
grant application to the History Channel for the
Dubuque Shot Tower History Project is hereby
approved.
Section 2. That the Planning Services
Manager is hereby authorized to submit the
application for the Dubuque Shot Tower History
Project on behalf of the City.
Passed, approved and adopted this 20th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Mercy Medical Center Replacement
Banners: City Manager recommending approval
of a request from Mercy Medical Center to install
58 light pole banners using existing banner
brackets previously approved by Council to
recognize the nursing services credentials
recently received, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
Declaration of Restrictive Covenants: City
Manager recommending approval of a
Declaration of Restrictive Covenants for the
Iowa Department of Natural Resources
regarding lead contamination at the site of the
new Municipal Services Center, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Request for Proposals - Interrelated Floodwall
Pumping Station Improvements: City Manager
recommending approval of the issuance of a
Request for Proposals for architectural and
engineering services for five interrelated
floodwall pumping station improvement projects,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
E-Community Program: Communication from
the Environmental Stewardship Advisory
Commission recommending City Council
endorsement of the E-Community Program on
behalf of the City of Dubuque and an overview
of the program submitted by Mark Henning, E-
Community Dubuque Coordinator, presented
411
and read. Buol moved that the communication
be received and filed and approved
endorsement. Seconded by Nicholson. Motion
carried 7-0.
Housing Trust Fund Award: Communication
from David Harris, Housing and Community
Development Director, to Linda Wilson, Project
Manager for Housing and Community
Development, in appreciation of the $4,000
Fannie Mae contribution toward the operation of
the City's Housing Trust Fund, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Tax Increment Financing Report: City
Manager transmitting the 2004 summary report
on the City's use of Tax Increment Financing to
support economic development projects,
presented and read. Buol moved that the
communication and report be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Delinquent Sewer Charges: City Manager
recommending approval of the submission of
delinquent sewer accounts to the DUbuque
County Treasurer in order to establish real
property liens for collection of such past due
accounts, presented and read.
RESOLUTION NO. 476-04
RESOLUTION AUTHORIZING COLLECTION
OF DELINQUENT SEWER ACCOUNTS IN
ACCORDANCE WITH SECTION 44-83 AND
44-86 OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, Section 44-83 of the Code of
Ordinances authorizes the City to levy and
collect just and equitable charges, rates or
rentals upon all lots, parcels or real estate and
buildings that are connected directly or indirectly
with the sanitary sewer system; and
Whereas, Section 44-86 of the Code of
Ordinances provides that the City shall have a
lien upon the real property served by the
sanitary sewer system for all delinquent rates
and charges; and
Whereas, delinquent sewer charges shall be
certified as December 31" of each year by the
City Clerk to the Dubuque County Treasurer for
collection with, and in the same manner as,
general property taxes.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons hereinafter
named, owning the following described property,
have unpaid sewer charges in the amount set
out and that said charges are delinquent.
NAME AND ADDRESS
PROPERTY DESCRIPTION
412
Regular Session, December 20, 2004
AMOUNT
Michael J. Schetgen 10-12-181-001 $281.10
3922 Inwood Ave
Lot 53 & 54 Oneills North Dub Add
J Foht 10-12-358-007 $306.58
723 Peru Rd Lot 20 Maple Leaf Add #2
Ricky J Hurst 10-12-177-005 $285.41
3975 Inwood Av Lot 39 & 40 Oneills North
Dub Add
Gary Bernhard 10-12-201-003 $281.65
1100 Roosevelt St Lot 4 Wersinger Sub
Section 2. That the City Clerk be and is hereby
ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the
persons named herein are delinquent in the
payment of sewer charges in the amounts set
forth above and that said delinquent sewer
charges shall be collected in the same manner
as general property taxes against the respective
parcels of property set opposite the name of the
property owner.
Section 3. That the delinquent sewer charges
shall be collected with, and in the same manner
as, general properly taxes as provided by law.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Delinquent Garbage and Refuse Collection
Accounts: City Manager recommending
approval of the submission of delinquent
garbage and refuse accounts to the Dubuque
County Treasurer in order to establish real
property liens for collection of such past due
accounts, presented and read.
RESOLUTION NO. 477-04
RESOLUTION AUTHORIZING THE CITY TO
COLLECT DELINQUENT GARBAGE AND
REFUSE COLLECTION ACCOUNTS IN
ACCORDANCE WITH SECTION 40-37 AND
40-38 (d) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, City garbage and refuse collection
from residential premises, as defined in the
Code of Ordinances of the City of Dubuque,
Iowa, is mandatory; and
Whereas, as of December 31", of each year,
delinquent garbage and refuse collection
charges shall be certified by the City Clerk to the
Dubuque County Treasurer for collection with,
and in the same manner as general property
taxes;
NOW, THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1. That the persons named
hereinunder, owning the property thereby set
forth, are delinquent in the payment of refuse
collection
NAME AND ADDRESS
PROPERTY DESCRIPTION AMOUNT
Gary Bernhard 10-12-201-003 $130.03
1110 Roosevelt St Lot 4 Wersinger Sub
Mark Krolich 10-12-356-004 $116.38
743 Louise St Lots 74 & 75 Maple Leaf Add #2
Michael J. Schetgen 10-12-181-001 $122.11
3922 Inwood Av Lot 53 & 54 Oneills North
Dub Add
J Foht 10-12-358-007 $126.07
723 Peru Rd Lot 20 Maple Leaf Add #2
Ricky J Hurst 10-12-177-005 $123.91
3975 Inwood Av Lot 39 & 40 Oneills North
Dub Add
Gary Bernhard 10-12-201-003 $122.74
1100 Roosevelt St Lot 4 Wersinger Sub
Max Rettenberger Lot 2-2 SE SW Sec 29
5210 Olde Hwy Rd. $126.06
Section 2. That the City clerk be and is hereby
ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the
persons named hereinbefore are delinquent in
the payment of refuse collection charges in the
amount set aside of the respective names, and
that said amounts shall be collected in; the same
manner as general property taxes against the
respective parcels of properly set opposite the
names of the owners.
Passed, approved and adopted this 20th day
of December 2004
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Delinquent Storm Water Management Accounts:
City Manager recommending approval of the
submission of delinquent storm water
management accounts to the Dubuque County
Treasurer in order to establish real properly liens
for collection of such past due accounts,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 478-04
RESOLUTION AUTHORIZING COLLECTION
OF DELINQUENT STORM WATER MANAGE-
MENT ACCOUNTS IN ACCORDANCE WITH
SECTION 44-282 AND 44-86 OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, Section 44-282 of the Code of
Ordinances authorizes the City to levy and
collect just and equitable charges, rates or
rentals upon all lots, parcels or real estate and
buildings that are connected directly or indirectly
with storm water management; and
Whereas, Section 44-86 of the Code of
Ordinances provides that the City shall have a
Regular Session, December 20, 2004
413
lien upon the real property served by the
sanitary sewer system for all delinquent rates
and charges; and
Whereas, delinquent storm water management
charges shall be certified as of December 31"
of each year by the City Clerk to the Dubuque
County Treasurer for collection with, and in the
sarne manner as, general property taxes.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That the persons hereinafter named,
owing the following described property, have
unpaid storm water management charges in the
amount set out and that said charges are
delinquent.
NAME AND ADDRESS
PROPERTY DESCRIPTION AMOUNT
Michael J. Schetgen 10-12-181-001
3922 Inwood Ave
Lot 53 & 54 One ills North Dub Add $23.61
J Foht 10-12-358-007 723 Peru Rd
Lot 20 Maple Leaf Add #2 $23.61
Ricky J Hurst 10-12-177-005
3975 Inwood Ave Lot 39 & 40 Oneills North
Dub Add $23.61
Gary Bernhard 10-12-201-003
1100 Roosevelt St. Lot 4 Wersinger Sub.
$22.62
Gary Bernhard 10-12-201-003
1110 Roosevelt St Lot 4 Wersinger Sub
$23.61
Mark Krolich 10-12-356-004
743 Louise St Lots 74 & 75 Maple Leaf Add #2
$23.61
Max Rettenberger
Lot 2-2 SE SW See 29 5210 Old Hwy Road
$23.61
Section 2. That the City Clerk be and is hereby
ordered and directed to certify to the County
Treasurer of DUbuque County, Iowa, that the
persons named herein are delinquent in the
payment of storm water management charges in
the amounts set forth above and that said
deiinquent storm water management charges
shall be collected in the same manner as
general property taxes against the respective
parcels of property set opposite the name of the
property owner.
Section 3. That the delinquent storm water
management charges shall be collected with,
and in the same manner as, general property
taxes as provided by law.
Passed, approved and adopted this 20'h day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
ECIA Annual Report: East Central
Intergovernmental Agency submitting the 2004
Annual Report, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Eagle Valley Subdivision: City Manager
recommending approval of the rescinding of
Resolution No. 386-04 due to a typographical
error and re-approving the final plat of Lots 1-4
and Lots A-B of Block 5 of Eagle Valley
Subdivision, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 479-04
A RESOLUTION RESCINDING RESOLUTION
NO. 386-04, AND APPROVING THE FINAL
PLAT OF LOTS 1-4, INCLUSIVE, AND LOTS
A-B, INCLUSIVE OF BLOCK 5 OF EAGLE
VALLEY SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1-4, Inclusive, and Lots
A-B, Inclusive, of Block 5 of Eagle Valley
Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street
to be known as Golden Eagle Drive (Lot B),
together with certain public utility easements, all
in Eagle Valley Subdivision, which the owner, by
said final plat, has dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had here approval
endorsed thereon, subject to the owners
agreeing to the conditions noted in Section 2
below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Golden Eagle
Drive (Lot B), and the easements for public
utilities, sanitary sewer, storm sewer and water
mains as they appear upon said final plat and
the same are hereby accepted; and
Section 2. That the final plat of Lots 1-4,
Inclusive, and Lots A-B, Inclusive, of Block 5, is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said final plat, provided by the owners of said
property herein named, execute their written
acceptance attached hereto.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
414
Regular Session, December 20, 2004
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. The developer will maintain erosion
control devices constructed in Block 5 of Eagle
Valley Subdivision until it has been fully
completed. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the city off Dubuque for the storm
water detention facility (Lot G, Eagle Valley
Subdivision) shall be assessed against the lot
owners of Eagle Valley Subdivision, in equal
amounts, and the City Manager shall certify
such costs to the City Clerk, who in turn shall
promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and city standard specifications and
accepted by the City Council Resolution.
Section 6. That in the event Arnold van Etten
and Fondell Excavating, Inc. fails to execute the
acceptance and furnish the guarantees provided
in Section 2 hereof within 180 days after the
date of this Resolution, the provisions hereof
shall be null and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed, approved and adopted this 20th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 479-04
I, Arnold Van Etten, property owner, having
read the terms and conditions of the foregoing
Ordinance No. 479-04 and being familiar with
the conditions thereof, hereby accept this same
and agree to the conditions required therein.
Dated in Dubuque, Iowa this 6'h day of
January, 2005.
Isl Arnold Van Etten
ACCEPTANCE OF ORDINANCE NO. 479-04
I, Mark Fondell, representing Fondell
Excavating, Inc., having read the terms and
conditions of the foregoing Ordinance No. 479-
04 and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Isl Mark Fondell
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Sanitation Driver, presented and
read.
December 14, 2004
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the position of
Sanitation Driver was given on November 18,
2004. We hereby certify that the individuals
listed below have passed this written
examination and the vacancy for this position
should be made from this list and that this list is
good for two (2) years from above date.
SANITATION DRIVER
Jared Welter Susan Davis
Elvy Kennedy James Welty
Jim Powers DaVon Higby
Jason Beau Paula Welu Jacobs
David Cole Raymond Behnke
Brian Cortez Randy Ludowitz
Respectfully submitted,
Merle Duehr,
Civil Service Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commissioners
Buol moved that the Civil Service certification
list for Sanitation Driver be received and filed
and made a matter of record. Seconded by
Nicholson. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 480-04
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
Hy-Vee # 2 Inc Hy-Vee # 2+
(Sunday Sale) 2395 NW Arterial
TFM CO. Oky Doky +
(Sunday Sale) 2010 Kerper Blvd
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Regular Session, December 20, 2004
415
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 481-04
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
L & M Wharf Corp. Michael's Bar X +
(Sunday Sale) 2616 Windsor
Dolores Weber Ten Pin Tap+
(Sunday Sale) 601 Rhomberg
Bowling & Beyond DBQ Inc. Bowling & Beyond+
(Sunday/Outdoor Sale) 1860 Hawthorne
Eric Vigen The Ave New+
(Sunday Sale) 1700 Central
CLASS "B" WINE
Hy-Vee # 2 Inc Hy-Vee # 2
2395 NW Arterial
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Indian Room Rest Room Renovation Project:
City Manager recommending initiation of the
public bidding process for the Indian Room Rest
Room Renovation Project and that a public
hearing on the plans and specifications be set
for February 7, 2005, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 482-04
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
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 Indian
Room Rest Room Renovation Project, in the
estimated amount of $35,900, are hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 483-04
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 Indian Room Rest Room Renovation
Project.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 7th day of
February, 2005, a public hearing will be held 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, approved and adopted this 20th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 484-04
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Indian Room Rest Room Renovation
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
416
Regular Session, December 20, 2004
prior to the receipt of said bids at 2:00 p.m. on
the 27th day of January, 2005. 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 7th day of February,
2005.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Commissions:
Human Rights Commission (One Unexpired 3-
Year Term through 1/1/07; Three 3-Year Terms
through 1/1/07 - Terms of Murray, Oswald and
Ross)
Applicants: James Jarrard, Gary McAlpin, Lou
Oswald, Bill Ross
Michalski moved that James Jarrad be
appointed to the unexpired three year term to
expire 1/1/07. Seconded by Markham. Carried
by the following vote: Yeas-Buol, Connors,
Markham, Michalski. Nays-Cline, Duggan,
Nicholson.
Vote on the other three appointments was as
follows: Buol voted for McAlpin, Oswald and
Ross; Cline voted for McAlpin; Connors voted
for McAlpin, Oswald and Ross; Duggan voted
for McAlpin and Oswald, Markham voted for
McAlpin, Oswald and Ross; Michalski voted for
McAlpin, Oswald and Ross; Nicholson voted for
McAlpin. Therefore, Gary McAlpin appointed
and Lou Oswald and Bill Ross reappointed to
three year terms to expire 1/1/08.
Arts and Cultural Affairs Commission:
(1) Four Three-Year Terms through 6/30/07 -
Arts Knowledgellnterest
(2) Two Two-Year Terms through 6/30/06 -
Business/Professional (One Applicant Must
L1velWork Within District)
(3) One Two-Year Term through 6/30/06 - At
Large
Applicants - Arts Knowledge/Interest:
Ken Bichell, Catherine Goodman, Richard Hall,
Ellen Henkels, Louise Kames, Jane Kenworthy,
Paul Kohl, loana Mamali, Michele McKinlay,
Gene Perry, Susan Riedel, John Tilton, Mark
Wahlert, Vincent Williams, John Woodin
Vote on appointments for four terms for Arts
Knowledgellnterest:
Buol voted for Hall, Kenworthy, Riedel and
Wahlert; Cline voted for Hall, Kenworthy, Kohl
and Mamali; Connors voted for Kames, Kohl,
Riedel and Woodin; Duggan voted for Kohl,
Mamali, Riedel and Wahlert; Markham voted for
Hall, Kenworthy, Riedel and Wahlert; Michalski
voted for Henkels, Riedel, Wahlert and Woodin;
Nicholson voted for Henkels, Riedel, Wahlert
and Woodin.
Therefore, on the first vote, Susan Riedel and
Mark Wahlert were appointed.
Applicants (second highest vote getters) for
the second vote - Hall, Kenworthy, Kohl and
Woodin: Buol voted for Hall and Kenworthy;
Cline voted for Hall and Kenworthy; Connors
voted for Kenworthy and Kohl; Duggan voted
for Kenworthy and Kohl; Markham voted for Hall
and Kenworthy; Michalski voted for Kenworthy
and Woodin; Nicholson voted for Kohl &
Woodin.
Therefore, Jane Kenworthy appointed as an
Arts InteresUKnowledge representative to the
Commission.
Third vote applicants: Hall, Kohl. Buol voted
for Hall; Cline voted for Hall, Connors voted for
Kohl; Duggan voted for Kohl; Markham voted
for Hall; Michalski voted for Kohl; Nicholson
voted for Kohl.
Therefore, Paul Kohl appointed as an Arts
InteresUKnowledge representative to the
Commission.
Jane Kenworthy, Paul Kohl, Susan Riedel and
Mark Wahlert were appointed to three year
terms on the Arts and Cultural Affairs Committee
to represent the Arts Knowledge/Interest.
Applicants - Business/Professional
(One Applicant Must L1velWork Inside District):
Inside District: Mirdza Berzins, William
Intriligator, Louise Kames, Amy Link, John Tilton
Vote on the Business/Professional - Inside
District was as follows: Buol voted for Link;
Cline voted for Link, Connors voted for Link;
Duggan voted for Intrilligator; Markham voted for
Intrilligator; Michalski voted for Intrilligator;
Nicholson voted for Link. Therefore, Amy Link
appointed to represent the Business /
Professional who works inside the District.
Outside District Applicants: Catherine
Goodman, Jim Grady, Ellen Henkels, Cheryl
Jacobsen, David Kessler, Karen Ridings plus
the other non-appointed applicants from inside
the district:
Vote on the appointment was as follows: Buol
voted for Goodman, Cline voted for Kessler,
Connors voted for Kames; Duggan voted for
Kessler; Markham voted for Kessler; Michalski
voted for Intrilligator; Nicholson voted for
Intrilligator;
There being no majority there was another
vote of the top vote getters of Intrilligator and
Kessler. Vote was as follows: Buol voted for
Intrilligator; Cline voted for Kessler; Connors
voted for Intrilligator; Duggan voted for Kessler;
Markham voted for Kessler; Michalski voted for
Intrilligator; Nicholson voted for Intrilligator.
Therefore, William Intrilligator was appointed to
Regular Session, December 20, 2004
417
represent the Business/Professional outside the
district.
Applicants - At Large: Rebecca Fabricius,
Catherine Goodman, Jim Grady, Ellen Henkels,
Louise Kames, David Kessler, Susan Riedel,
John Tilton
Vote on the appointment was as follows: Buol
voted for Tilton; Cline voted for Kames;
Connors voted for Fabricius; Duggan voted for
Fabricius; Markham voted for Fabricius;
Michalski voted for Fabricius; Nicholson voted
for Fabricius. Therefore Rebecca Fabricius was
appointed to represent At Large on the Arts &
Cultural Affairs Commission.
PUBLIC HEARINGS
Michaiski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Markham. Motion carried 7-0.
Radford Road and Radford Court - PUD
Amendment: Proof of pubiication on notice of
hearing to consider amending the PC Planned
Commercial District on the northeast corner of
Radford Road and Radford Court, to include
indoor restaurants and drive-in/carry-out
restaurants at the request of Wayne
Briggs/Radford Road Real Estate LLC, and
Zoning Advisory Commission recommending
approval; communication from Brian J. Kane,
representing Radford Road Real Estate, LLC, in
support of the rezoning request and responding
to concerns expressed in the communication
from Daie Lass; and communication from Dale
Lass, 2945 Kristen Court and appointed
Principal of the new west end middie school, in
opposition to the proposed PC Planned
Commercial District amendment, presented and
read. Buol moved that the proof and
communications be received and filed.
Seconded by Markham. Motion carried 7-0.
Attorney Brian Kane, representing Radford
Road Real Estate, LLC, spoke in support of the
requested rezoning.
Dale Lass, 2945 Kristen Ct., as Principal of the
new Eleanor Roosevelt Middle School, spoke in
opposition to the proposed rezoning, stating it
could become an attractive area for the students
to congregate after school.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances for hereinafter described property
located at the northeast corner of Radford Road
and Radford Court to amend Ordinance #86-02
that established a PUD Planned Unit
Development District with a PC Planned
Commercial District designation, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 82-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES FOR
HEREINAFTER DESCRIBED PROPERTY
LOCATED AT THE NORTHEAST CORNER OF
RADFORD ROAD AND RADFORD COURT TO
AMEND ORDINANCE 86-02 THAT
ESTABLISHED A PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC
PLANNED COMMERCIAL DISTRICT
DESIGNATION AND ADOPTING AN
AMENDED CONCEPTUAL DEVELOPMENT
PLAN, 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 providing for
the amendment of Ordinance 86-02 which
adopted regulations for a PUD Planned Unit
Development district with a PC Planned
Commercial District designation, and adopting a
conceptual development plan, a copy of which is
attached to and made a part hereof, with
conditions, as stated below, to wit:
Lot D, Block 11 Sunny Slope Estates, and to the
centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5(1993) and as an express condition of the
reclassification, the undersigned property owner
agrees to the following conditions, all of which
the property owner further agrees are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
Use Reaulations
The following regulations shall apply to all land
uses in the above-described PUD District.
Principal permitted uses of the lots designated
for commercial development shall be limited to:
Residential sues above the first floor only - [6]
General offices - [14]
Medical/office/clinic - [36J
Indoor restaurant - [20]
Drive-in/carry-out restaurant - [28]
Dental medical lab - [8]
Schools of private instruction - [4]
Barber/beauty shops - [16]
Retail sales/services - [17]
Laundry/dry cleaner - [19]
Shoe repair - [18]
Tailoring/alterations - [18]
Catalog center - [23]
Laundromat - [22J
Artist studio - [5]
Photographic studio - [23]
Neighborhood shopping center - [17]
Furniture/home furnishings - [27]
418
Regular Session, December 20, 2004
Appliance sales and service - [27]
Office supply - [19]
Vending/game machines sales and service -
[19]
Mail order houses - [23]
Auto parts/supply - [17]
Vehicle rental- [47]
Upholstery shop - [42]
Contractor shop/yard - [33]
Wholesale sales/distributor - [29]
Miniwarehousing - [47]
Refrigeration equipment and supply, sales and
service -[10]
Landscaping services - [29]
Animal hospital/clinic - [23]
Personal services - [14J
Automated gas station - [18]
Gas station - [21]
Service station - [21]
Bakery (wholesale/commercial) - [19]
Drive-up automated bank teller - [8]
Self-service car wash - [8]
Full-service car wash - [8]
Animal hospital/clinic - [28]
Furniture upholstery repair - [18]
Business services - [29]
Banks, savings and loans, and credit unions -
[31]
Indoor recreation facilities - [37]
Printing and publishing - [32]
Laboratories for research or engineering - [33]
Group daycare center provided that:
Forty (40) square feet of indoor floor area
(excluding halls and bathrooms) is provided per
child in areas occupied by cribs, thirty-five (35)
square feet of indoor area (excluding halls and
bathrooms) is provided per child in areas not
occupied by cribs times the licensed capacity;
and seventy-five (75) square feet of fenced
outdoor recreation space is provided per child
using the space at a given time;
That parking group requirements can be met [8];
Such facility shall supply loading and unloading
of children so as not to obstruct public streets or
create traffic or safety hazards;
All licenses have been issued or have been
applied for awaiting the outcome of the Boards'
decision;
Signage for a single-family home shall be
limited to one non-illuminated, wall-mounted
sign, not to exceed four (4) square feet in area;
and
No group daycare center may be located
within the same structure as any gas station,
bar/tavern, automated gas station or facility
selling, servicing, repairing or renting vehicles.
2. Accessory uses shall include any use
customarily incidental and subordinate to the
principle use it serves.
[ ] Parking group - see Section 4-2 of the Zoning
Ordinance.
Lot and Bulk Reaulations
Development of land in the PUD District shall be
regulated as follows:
All buildings and structures located on lots
designated for commercial development shall
meet bulk regulations set forth in the Zoning
Ordinance for the C-2 Neighborhood Shopping
Center, Section 3-3.2(F).
Performance Standards
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
Indoor restaurants and drive-in/carry-out
restaurants are restricted to the north 1.3 acres
of the Planned Commercial District.
Public streets within the Planned Unit
Development District shall be designed and built
to City Engineering specifications.
Erosion control shall be provided during all
phases of construction.
Parking requirements for allowed uses in the
PUD District shall be as per the parking group
for the designated use, in accordance with
Section 4-2 of the Zoning Ordinance.
Storm water detention facilities will be provided
as per City Engineering requirements.
Adequate illumination shall be provided to areas
used for vehicle and pedestrian circulation.
Light fixtures shall be of a cut-off design and be
mounted at a 72-degree angle to a vertical light
standard.
Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance of the City of Dubuque, Iowa
prior to construction of any buildings.
Screening shall be placed along the boundary of
the residential district as per City standards.
Outdoor storage must be screened to a height
that obscures the stored material from adjacent
residential property, but in no case shall
screening be less than six (6) feet in height.
Open Spaces and Landscapina
Open space and landscaping in the PUD District
shall be regulated as follows:
Those areas not designated on the conceptual
plan for development shall be maintained as
open space as defined by Section 8 of the
Zoning Ordinance by the property owners and/or
association.
Sian Reaulations
Signs in the PUD District shall be regulated as
follows:
Sign age shall be regulated by the C-2
Neighborhood Shopping Center District sign
regulations of Section 4-3.11 of the Zoning
Ordinance.
Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
Regular Session, December 20, 2004
conditions authorizing the establishment of the
PUD District.
Reclassification of Subiect Prooertv
The City of Dubuque, Iowa, may initiate zoning
reclassification proceedings to the C-2
Neighborhood Shopping Center District in
accordance with Section 6 of the Zoning
Ordinance if the property owner fails to complete
or maintain any of the conditions of this
ordinance.
Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
Recordino
A copy of this ordinance shall be recorded at the
expense of the property owner with the Dubuque
County Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within thirty (30) days
after adoption of this ordinance. This ordinance
shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing amendment shall
take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 20th day of
December, 2004.
/s/ Terrance M. Duggan, Mayor
Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF ORDINANCE NO. 82-04
I, Wayne A. Briggs, representing Radford
Road Real Estate, L.L.C., property owner,
having read the terms and conditions of the
foregoing Ordinance No. 82-04 and being
familiar with the conditions thereof, hereby
accept the same and agree to the conditions
required therein.
Dated this 23"' day of December, 2004.
/s/ Wayne A. Briggs
Published officially in the Telegraph Herald
Newspaper the 10th day of January, 2005.
Is/Jeanne F. Schneider, CMC, City Clerk
11 1/10
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 7-0.
Dubuque Industrial Center West - PUD
Amendment: Proof of publication on notice of
hearing to consider amending the PUD Planned
Unit Development District to provide for
expansion of the Dubuque Industrial Center
West as requested by the City of Dubuque and
the Zoning Advisory Commission recommending
denial; City Manager advising that the City has
been awarded $1.26 million by the Iowa
419
Department of Transportation Commission from
their Revitalize Iowa's Sound Economy (RISE)
program to assist with the extension of
Chavenelle Road; communication from Dianne
and Douglas Fritsch, 14238 Middle Road, in
opposition to the proposed expansion of the
Dubuque Industrial Center West, presented and
read.
Attorney Tom Bitter, representing the residents
of Middle Road, spoke in opposition to the
proposed ordinance.
Elaine White of 1466 Middle Road, Jane
Steffen of 14480 Middle Road, Alan Lex of
14512 Middle Road, Douglas Fritsch of 14238
Middle Road, and Joseph Behnke, of 14078
Middle Road, all spoke objecting to the
proposed rezoning, citing drastically reduced
property values for their properties.
Rick Dickinson, Executive Director of Greater
Dubuque Development Corporation, spoke of
the need for industrial development expansion
and urged adoption of the Ordinance, citing loss
of development momentum and denial of the
needed RISE grant if the Ordinance is not
adopted.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances amending Ordinances No. #14-98
and No. #07-01 by reclassifying hereinafter
described property located east of Seippel Road
and south of Middle Road from AG Agricultural
District to PUD Planned Unit Development
District with a PI Planned Industriai District
designation and adopting an amended
Conceptual Development Plan, with conditions,
for the Dubuque Industrial Center West,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 83-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
AMENDING ORDINANCES NO. 14-98 AND
NO. 07-02 BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED EAST OF SEIPPEL ROAD AND
SOUTH OF MIDDLE ROAD FROM AG
AGRICULTURAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PI PLANNED INDUSTRIAL DISTRICT
DESIGNATION AND ADOPTING AN
AMENDED CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS, FOR THE
DUBUQUE INDUSTRIAL CENTER WEST.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances Is
hereby amended by reclassifying the hereinafter
420
Regular Session, December 20, 2004
described property from AG District to PUD
Planned Unit Development District with a PI
Planned Industrial designation and adopting an
amended conceptual development plan, a copy
of which is attached to and made a part hereof,
with conditions for the Dubuque Industrial
Center West as stated below, to wit:
Lot H and Lot J in Dubuque Industrial Center
West Third Addition, Lot 1 of Lot 1 of the NW X
of the NE X; the SW X of the NE X; Lot 1 of the
east 10 acres of the NE X of the NW X; the
west 30 acres of the NE X of the NW X; Lot 1 of
Lot 1 of the SE X of the NW X; Lot 2 of the Lot
1 of the SE X of the SW X; Lot 2 of the SW X of
the W X, all in Section 30, Township 89 North,
Range 2 east of the 5th P.m., all in the City of
Dubuque, Iowa.
Section 2. Attached hereto and made a part of
this zoning reclassification approval is the
Conceptual Development Plan for the Dubuque
Industrial Center West Planned Unit
Development marked Exhibit A. It is recognized
that minor shifts or modifications to the general
plan layout may be necessary and compatible
with the need to acquire workable street
patterns, grades, and usable building sites. The
general plan layout, including the relationship of
land uses to the general plan framework and the
development requirements shall be used as the
implementation guide.
Section 3. Pursuant to Iowa Code Section
414.5 (2001), and as an express condition of the
reclassification, the undersigned property owner
agree to the following conditions, all of which the
property owner further agrees are reasonable
and imposed to satisfy the public needs that are
caused directly by the zoning reclassification:
A) Definitions
1. Building Related Features
Building related features are defined as all
constructed items which rise above the grade
surface of the lot. These include:
a) The primary building.
b) All accessory or secondary buildings.
c) All exterior storage areas.
d) Exterior refuse collection areas.
e) Exterior mechanical equipment.
f) Containerized or tank storage of liquids,
fuels, gases and other materials.
2) Vehicle-Related Features
Vehicle-related features are defined as all
areas used for the movement and parking of all
vehicles within the lot. These include:
a) Employee and visitor parking spaces.
b) Driveways from the street right-of-way line
to and from parking spaces.
c) Loading spaces outside of the building.
d) Maneuvering spaces outside of the
building.
e) Parking spaces for company-owned
commercial vehicles.
f) Fire lanes.
g) Railroad tracks.
3) Open Space Features
Open space features are defined as those
exterior areas and developed features of the lot
which include:
a) Landscaped space containing lawn areas
and plantings.
b) Paved, hard-surfaced, pedestrian areas
such as walkways, plazas, entryways and
courtyards.
c) Surface storm water detention areas not
otherwise used for building-related or vehicle-
related purposes.
d) Open recreation areas and recreational
trail.
e) Other non-building and non-vehicular
related space.
B) Use Reaulations.
The following regulations shall apply to all uses
made of land in the above-described PUD
District:
Zone A: General Purpose and Description.
Zone A is intended to provide for a limited
amount of commercial development that will
serve industrial park employees with daily
commercial and service needs. The
development of Zone A shall resemble a small
shopping center with shared access, parking
and signage to promote a unified commercial
appearance. Exterior storage is prohibited.
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities including
substations-[47].
b) Business services-[29].
c) Gas stationlconveniencelcar wash-[17]
and [18].
d) Laundryldry cleaner-[19].
e) Indoor restaurant-[30j.
f) Drive-in/carry-out restaurant-[28].
g) Drive-up automated bank teller-[8].
h) Banks, savings and loans, and credit
unions-[31j.
i) Group day care center-[8].
[ ] Parking group - see Section 4.2 of the
Zoning Ordinance.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the
following:
a) Any use customarily incidental and
subordinate to the principal use it serves.4)
Temporary uses shall be limited to the
following:Any use listed as a permitted use
within the PUD District of a limited duration as
established in Section 2-5.3 and as defined in
Section 8 of the Zoning Ordinance.
Zone B: General Purpose and Description.
Zone B is intended to provide for a variety of
uses primarily involving light manufacturing,
assembly and fabrication, warehousing,
wholesaling, office uses and business services.
Exterior storage is prohibited.
1) Principal permitted uses shall be limited to:
Regular Session, December 20, 2004
421
a) Railroads and public or quasi-public
utilities -[47].
b) Corporate offices -[14].
c) Medicalldentai lab-[8].
d) Mail-order houses-[23].
e) Printing and publishing-[32].
f) Laboratories for research and engineering-
[33J.
g) Wholesale sales/distributor-[29J.
h) Vending/game machine sales/service-
[19].
i) Cold storagenocker plants-[15].
j) Packing and processing of meat, dairy or
food products, not to include stockyards or
slaughter houses-[33].
k) Tool, die, and pattern making-[33].
I) Manufacture, assembly, repair or storage
of electrical and electronic products,
components or equipment-[33]).
m) Warehousing and storage facilities, not to
include mini-warehouses-[33].
n) Manufacturing, processing, fabrication,
assembling, packaging or other comparable
treatment of goods or materials, entirely within
enclosed buildings-[33].
[ ] Parking Group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses shall be limited to the
following:
a) Day care center, within a primary
officelindustrial building or as an accessory
structure on the same lot. Day care centers are
subject to state and local regulations.
1) Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
occupied by cribs as per State Code;
2) Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
not occupied by cribs times the licensed
capacity as per State code;
3) Fenced outdoor recreation space must be
provided per child using the space at a given
time as per State code;
4) Such facility shall provide for the loading
and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
5) All licenses have been issued or have
been applied for awaiting the outcome of the
Board's decision;
6) No group day care center may be located
within the same structure as any gas station,
barltavern, automated gas station or any facility
selling, servicing, repairing or renting vehicles;
7) The parking group requirements can be
met-[8];
8) The conditional use applicant certifies that
the premises on which the group day care
center will be located complies with, and will for
so long as the group day care center is so
located, continue to comply with all local, state
and federal regulations governing hazardous
substances, hazardous wastes, and hazardous
materials, including, but not limited to Iowa Code
chapter 455B (1991); 42 U.S.C. Section 9601 of
the Federal Comprehensive Environmental
Response Compensation and Liability Act; 40
C.F.R. Section 3-2.4; and Section 302 of the
Superfund Amendments and Reauthorization
Act of 1986; and
9) If the applicant is subject to the
requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986,
the Emergency Management Director shall
certify whether or not the applicant has
submitted a current inventory of extremely
hazardous substances kept or stored on the
premises. If any such extremely hazardous
substances are kept or stored on the premises,
the applicant shall also post in a conspicuous
place on the premises a notice indicating a
description of the extremely hazardous
substances, and the physical and heaith
hazards presented by such substances.
3) Accessory uses shall be limited to the
following:
a) Retail outlets within a primary
officelindustrial building, selling products
produced on-site and only as accessory to the
principal use.
b) Any use customarily incidental and
subordinate to the principal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone C: General Purpose and Description.
Zone C is intended to provide for a variety of
uses primarily involving light manufacturing,
assembly and fabrication, warehousing,
wholesaling, and office uses. Exterior storage is
allowed with restrictions, and must be screened
from view from both the public right-of-way and
surrounding privately owned property.
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public
utilities -[47].
b) Corporate offices -[14].
c) Medicalldentallab-[8].
d) Mail-order houses-[23].
e) Printing and publishing-[32].
f) Laboratories for research and engineering-
[33].
g) Moving/storage facilities-[33].
h) Wholesale sales/distributor-[29].
i) Freight transfer facilities-[44].
j) Vending/game machine sales/service-[19].
k) Cold storagellocker plants-[15].
I) Packing and processing of meat, dairy or
food products, not to include stockyards or
slaughter houses-[33].
m) Tool, die, and pattern making-[33].
422
Regular Session, December 20, 2004
n) Manufacture, assembly, repair or storage
of electrical and electronic products,
components or equipment-[33]).
0) Warehousing and storage facilities, not to
include mini-warehouses-[33].
p) Manufacturing, processing, fabrication,
assembling, packaging or other comparable
treatment of goods or materials, entirely within
enclosed buildings-[33].
[ J Parking Group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses shall be limited to the
following:
a) Day care center, within a primary
office/industrial building or as an accessory
structure on the same lot. Day care centers are
subject to state and local regulations.
1) Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
occupied by cribs as per State Code;
2) Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
not occupied by cribs times the licensed
capacity as per State code;
3) Fenced outdoor recreation space must be
provided per child using the space at a given
time as per State code;
4) Such facility shall provide for the loading
and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
5) All licenses have been issued or have
been applied for awaiting the outcome of the
Board's decision;
6) No group day care center may be located
within the same structure as any gas station,
bar/tavern, automated gas station or any facility
selling, servicing, repairing or renting vehicles;
7) The parking group requirements can be
met-[8];
8) The conditional use applicant certifies that
the premises on which the group day care
center will be located complies with, and will for
so long as the group day care center is so
located, continue to comply with all local, state
and federal regulations governing hazardous
substances, hazardous wastes, and hazardous
materials, including, but not limited to Iowa Code
chapter 455B (1991); 42 U.S.C. Section 9601 of
the Federal Comprehensive Environmental
Response Compensation and Liability Act; 40
C.F.R. Section 302.4; and Section 302 of the
Superfund Amendments and Reauthorization
Act of 1986; and
9) If the applicant is subject to the
requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986,
the Emergency Management Director shall
certify whether or not the applicant has
submitted a current inventory of extremely
hazardous substances kept or stored on the
premises. If any such extremely hazardous
substances are kept or stored on the premises,
the applicant shall also post in a conspicuous
place on the premises a notice indicating a
description of the extremely hazardous
substances, and the physical and health
hazards presented by such substances.
3) Accessory uses shall be limited to the
following:
a) Retail outlets within a primary
office/industrial building, selling products
produced on-site and only as accessory to the
principal use.
b) Any use customarily incidental and
subordinate to the principal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone D: General Purpose and Description.
Zone D is intended to provide a location for
heavy industrial uses. Exterior storage is
allowed, provided it is screened from view from
publiC right-of-way.
1) Principal permitted uses shall be limited to:
a) Railroad and public or quasi-public
utilities -[47].
b) Corporate offices -[14J.
c) Mail Order houses -[23].
d) Printing and publishing-[32].
e) Laboratories for research and
engineering-[33].
f) Moving/storage facilities-[33]
g) Wholesale sales/distributor-[29].
h) Freight transfer facilities-[44J.
i) Fuel and ice dealers-[33J.
j) Cold storage/locker plants-[15].
k) Packing and processing of meat, dairy or
food products, not to include stockyards or
slaughter houses-[33].
I) Compounding, processing and packaging
of chemical products-[33].
m) Manufacture, assembly, repair or storage
of electrical and electronic products,
components or equipment-[33]).
n) Warehousing and storage facilities, not to
include mini-warehouses-[33].
0) Manufacturing, processing, fabrication,
assembling, packaging or other comparable
treatment of goods or materials -[33J.
[ ] Parking Group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses shall be limited to the
following:
a) Day care center, within a primary
office/industrial building or as an accessory
structure on the same lot. Day care centers are
subject to state and local regulations.
1) Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
occupied by cribs as per State Code;
Regular Session, December 20, 2004
423
2) Indoor floor area (excluding halls and
bathrooms) must be provided per child in areas
not occupied by cribs times the licensed
capacity as per State code;
3) Fenced outdoor recreation space must
be provided per child using the space at a given
time as per State code;
4) Such facility shall provide for the ioading
and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
5) All licenses have been issued or have
been applied for awaiting the outcome of the
Board's decision;
6) No group day care center may be located
within the same structure as any gas station,
bar/tavern, automated gas station or any facility
selling, servicing, repairing or renting vehicles;
7) The parking group requirements can be
met-[8J;
8) The conditional use applicant certifies
that the premises on which the group day care
center will be located complies with, and will for
So long as the group day care center is so
located, continue to comply with all local, state
and federal regulations governing hazardous
substances, hazardous wastes, and hazardous
materials, including, but not limited to Iowa Code
chapter 455B (1991); 42 U.S.C. Section 9601 of
the Federal Comprehensive Environmental
Response Compensation and Liability Act; 40
C.F.R. Section 302.4; and Section 302 of the
Superfund Amendments and Reauthorization
Act of 1986; and
9) If the applicant is subject to the
requirements of Section 302 of the Superfund
Amendments and Reauthorization Act of 1986,
the Emergency Management Director shall
certify whether or not the applicant has
submitted a current inventory of extremely
hazardous substances kept or stored on the
premises. If any such extremely hazardous
substances are kept or stored on the premises,
the applicant shall also post in a conspicuous
place on the premises a notice indicating a
description of the extremely hazardous
substances, and the physical and health
hazards presented by such substances.
3) Accessory uses shall be limited to the
following:
a) Retail outlets within a primary
office/industrial building, selling products
produced on-site and only as accessory to the
principal use.
b) Any use customarily incidental and
subordinate to the principal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone E: General Purpose and Description:
Zone E is intended to provide a location for
businesses that require exterior handling or
storage of materials or equipment. Exterior
handling or storage is allowed, except along
Seippel Road, where it is prohibited.
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities -[47].
b) Corporate offices -[14].
c) Mail-order houses-[23].
d) Printing and publishing-[32].
e) Laboratories for research and
engineering-[33].
f) Moving/storage facilities - [33J
g) Wholesale sales/distributor-[29].
h) Freight transfer facilities-[44J
i) Fuel and ice dealers-[33]
j) Cold storage/locker plants-[15].
k) Packing and processing of meat, dairy or
food products, not to include stockyards or
slaughter houses-[33].
I) Compounding, processing and
packaging of chemical products-[33].
m) Manufacture, assembly, repair or
storage of electrical and electronic products,
components or equipment-[33]).
n) Warehousing and storage facilities, not to
include mini-warehouses -[33].
0) Manufacturing, processing, fabrication,
assembling, packaging or other comparable
treatment of goods or materials, entirely within
enclosed buildings-[33].
p) Contractors shop/yard-[33J
q) Recycling industries entirely within
enclosed buildings with no outdoor storage-[44]
r) Timber processing-[44]
[ J Parking group-See Section 4.2 of the Zoning
Ordinance.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the
following:
a) Retail outlets within a primary
office/industrial building, selling products
produced on-site and only as accessory to the
principal use it serves.
b) Any use customarily incidental or
subordinate to the principle use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as established
in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone 0: General Purpose and Description.
Zone 0 is intended to serve as an amenity to the
industrial park, providing an open space area
and control of storm water to protect
downstream properties.
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public
utilities-[47]
424
Regular Session, December 20, 2004
b) Parks, nature areas, playgrounds and
similar recreational uses-[47]
c) Picnic areas-[47]
d) Recreational trails-[47]
e) Club houses, shelter houses, tennis
courts, or playground equipment, or other
recreational buildings and structures when
associated with parks, nature areas,
playgrounds, recreational facilities-[47]
f) Construction of dams, reservoirs, or
detention ponds-[N/AJ
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the
following:
a) Any use customarily incidental and
subordinate to the principle use it serves.
4) Temporary uses reserved for future use.
C. Lot and Bulk Reaulations.
Development of land in Zones A, B, C, D, E and
o shall be regulated as follows:
1) All building structures and activities shall be
located in conformance with the attached
conceptual development plan and all final site
development plans shall be approved in
accordance with provisions of the PUD District
regulations of this ordinance and of Section 3-
5.5 of the Zoning Ordinance.
2) All buildings related features in Zones A, B,
C, D, E and 0 shall be in accordance with the
following bulk regulations chart:
Minimum Lot Front Side Yard Rear Yard Building
Lot area Frontage Yard Setback Setback Height
In Acres Minimum Setback Minimum Minimum Maximum
Feet Minimum Feet Feet Feet
Feet
Zone A Yo acre 100 20 10. 20 30
Zone B 2 acres 100 50 10 25 50
Zone C 2 acres 100 50 25 25 75
Zone D 2 acres 100 50 25 50 100
Zone E 2 acres 100 50 10 25 50
Zone 0 N/A N/A N/A N/A N/A N/A
*0 foot side yard setbacks from property lines shall be pennitted for attached buildings.
Regular Session, December 20, 2004
425
a) Lots smaller than minimum will be allowed
if the parcel is consolidated or combined with a
larger lot. Substations for public and quasi-
public utilities shall be exempt from lot frontage
and lot area requirements.
b) Maximum lot coverage shall be 80 percent.
All building and vehicle related features shall be
considered when calculating total land area
coverage, except fire lanes and railroad tracks.
c) Maximum building height shall be as
stipulated in the bulk regulations chart above,
except the following may exceed the height limit:
cooling towers, condensers, elevator bulkheads,
stacks and other necessary mechanical
equipment and their protective housing.
Heating, ventilating and air conditioning (HVAC)
equipment is limited to 10 feet above height
limitation, except in Zone A where 30 feet
maximum height includes HVAC equipment.
d) Within required front, side and rear
setbacks, only driveways, fire lanes, railroad
tracks, open space features, and primary and
secondary signage are allowed. Parking lots
may encroach up to 50% into a required front
yard setback.
D. Parkina and Loadina Reaulations
1) All vehicle-related features, except for
railroad tracks, shall be surfaced with either
asphalt or concrete.
2) All parking and loading spaces shall be
delineated on the surfacing material by painted
strips or other permanent means.
3) The number, size and design of parking
spaces shall be governed by applicable
provisions of City of Dubuque Zoning Ordinance
and City standards.
4) The number, size and design and location
of parking spaces designated for persons with
disabilities shall be according to the local, state
or federal requirements in effect at the time of
development.
5) The location and number of private
driveway intersections with public streets shall
be reviewed and approved by the City Engineer.
Access shall generally be limited to internal
streets.
6) No on street maneuvering of delivery
vehicles will be allowed on any street. Lots shall
provide all necessary maneuvering space for
delivery vehicles within the boundaries of the
lots.
7) All loading docks for shipping and receiving
of raw and manufactured goods shali be
designed to provide for the direct movement of
goods between the deliver vehicle and the
interior of the building.
E. Sian Reaulations
1) Applicability of City of Dubuque
Ordinances: The provisions of the City of
Dubuque Zoning Ordinance Section 4-3 Sign
Regulations shall apply unless further regulated
by this section.
2) Off-Premise Signs: Off-premise signs shall
be prohibited.
3) On-Premise Signs: On-premise signs shall
be erected or constructed in accordance with the
following regulations.
a) Allowable content: signs, messages and
graphics shall be limited to the following
contents:
1) Industrial Center signs: limited to
identification of Dubuque Industrial Center West
Entrance signs
Directory sign
2) Company Primary signs: limited to
identification of uses in Zones B, C, D and E .
Identification of company name
Identification of company products or
services by generic name only
Graphic symbol or logo identified with the
company
3) Commercial Primary signs: limited to
identification of uses in Zone A
Identification of business name
Identification of business products or services by
generic names only
Graphic symbol or logo identified with the
business
4) Secondary signs: allowable in all zones
Street address
Directional messages necessary for the
safe and efficient flow of vehicular and
pedestrian traffic on the lot
Identification of visitor entrances to the
building, shipping and receiving docks and other
delivery pOints
Identification of assigned parking spaces
and parking spaces accessible to persons with
disabilities
Temporary announcements of pending or
new construction
Commemorative messages
b. Schedule of sign regulations: allowable
structural type, size, number and height shall be
limited to the following requirements.
426
Regular Session, December 20, 2004
Type of Sign Maximum Size Maximum Number Allowable Maximum
Structure Height*
TVDe
Industrial Center 200 square feet per sign Six (6) signs Monument 12 feet
Entrance Sions face
Industrial Center 30 square feet per sign Three (3) signs Monument 8 feet
Directorv Sions face
Company 10% of building wall sign 2 signs per street Wall- Below eave
Primary Signs is mounted on or 400 frontage per mounted or parapet
total square feet of sign business
area whichever is less.
150 square feet per sign 1 sign per business Monument 10 feet
face restricted to interior
street frontages
. . onlv.
Commercial 100 square feet per s\gn 2 signs per Wall- Below eave
Primary Signs face business provided mounted or parapet
only 1 sign may be Monument 10 feet
a monument-style
sion
Secondary ,l?igns 6 square feet per sign No maximum Wall- Below eave
face num ber mounted or parapet
Monument 6 feet
.
. .. -
"The height of monument-style signs shall be opaque or translucent materials, or internally
measured from average grade to top of sign illuminated by means of a light source
structures. completely enclosed by the sign panel.
c) Variances: Variances from sign requirements e) Motion: No signs may Include any device or
for size, number and height may be requested. means, mechanical, electrical or natural, which
Such variances shall be reviewed by the shall cause any motion of the sign panel or any
Zoning Soard of Adjustment in accordance with part thereof. No flashing lights or changing
Section 5 of the Zoning Ordinance. colors shall be allowed.
d) Lighting: Signs may be illuminated only by F. Exterior Storaoe Reoulations
means of indirect lighting, whereby all light Exterior storage shall be in accordance with the
sources and devices are shielded from view by following reguiations:
Allowable Allowable Allowable Screening Minimum Maximum
Products Location Materials Opacity Height of
Stored Screening
Zone A PROHIBITED
Zone B PROHIBITED
Zone C Finished Rear or Synthetic materials, wood, 50% 10 feet
Goods side yards masonry, brick or stone
similar to buildinQ color
Zone D Raw or Rear or Similar to building color 50% 12 feet
finished side yards
goods;
eQuipment
Zone E* Raw of Rear or Similar to building color 100% 15 feet
finished side yards
goods;
eQuioment
Zone 0 PROHIBITED
.Exterior storage is prohibited on lots fronting Seippel Road.
Regular Session, December 20, 2004
427
*Exterior storage is prohibited on lots
fronting Seippel Road,
1) Exterior storage of materials, which could be
blown into the air or strewn about by the wind,
shall
be prohibited.
2) Exterior storage, where allowed, shall not
encroach into a front yard, A front yard may
exceed required front yard setback.
3) The ground area coverage of exterior storage
areas shall be the area contained inside the
required screening. This area shall be
considered to be a building-related feature for
purposes of calculating total land area coverage.
4) Exterior storage (where allowed) must be
screened from view from adjacent publiC right-
of-way, In Zone C exterior storage must be
screened from both the publiC right-of-way and
surrounding privately owned property.
5) The screening height shall be measured
from the ground level outside the line of the
screen. Screens built on sloping grades shall be
stepped so that their top line shall be horizontal.
6) Required screening is intended to buffer
surrounding property from the negative visual
impact created by the storage of raw or finished
goods, materials and equipment that can
adversely impact the value of adjacent property.
7) The City Planner may grant a waiver for
screening to exceed the maximum height
allowed, when topography or height of individual
finished products or equipment could make it
impossible to completely screen a storage area
from every vantage point. The City Planner may
not grant waiver in maximum screening height
for raw materials or stacked goods.
8) All exterior entrances to a screened
storage area shall be provided with a gate or
door of simiiar design to that of the screen,
9) Long-term storage of products or materials
in semi-trailers or shipping containers is
prohibited.
G. Exterior Trash Collection Area Reauirements
1) Exterior trash collection areas shall include
collection bins, dumpsters, and similar waste
receptacles for the short-term storage and
collection of trash, Trash shall include garbage,
scrap, recyclables, debris and similar materials.
2) The storage of trash shall be limited to that
produced by the principal permitted use and
accessory uses of the lot. Exterior storage of
trash, which could be blown into the air or
strewn about by the wind, shall be prohibited.
3) The ground area coverage of exterior trash
collection areas shall be the area contained
inside the required screening. This area shall be
considered a building-related feature for
purposes of caiculating total land area
coverages.
4) Exterior trash collection areas shall be
iocated in rear or side yards only. Exterior trash
collection areas shall not encroach into a front
yard, A front yard may exceed the required front
yard setback.
5) All exterior trash collection areas and the
materials contained therein shall be screened
from view from the adjacent public right-of-way.
6) The screening shall be a completely
opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the
ground level outside the line of the screen.
Screens built on sloping grades shall be stepped
so that their top line shall be horizontal.
7) Exposed materials used to construct the
opaque screen shall be similar in appearance to
materials used for exterior building walls. All
exterior entrances to a screened trash area shall
be provided with a gate or door of similar design
to that of the screen.
8) If a 10-foot high screen fails to shield the
exterior trash collection area from view from the
adjacent public right-of-way, evergreen plantings
may be required in addition to the screening.
Evergreen plant materials shall be selected and
designed so that they will screen the area from
the adjacent publiC right-of-way within five (5)
years.
H. Landscaoina Reaulations
The following Landscape Regulations shall
apply to each lot:
1) Plant Materials: The open space area of
each lot shall be planted with permanent lawn
and ground covers, shrubs and trees. It is the
intent of these regulations that the development
of required open spaces shall reflect a high
quality of environmental design.
2) Landscaping: The following is the minimum
requirement of trees and shrubs, by number and
size, and the type of ground cover required.
Street trees planted in public street right-of-way
shall not be counted toward fulfillment of the
minimum site requirements set forth below.
Plant species to be used for landscaping shall
be in accordance with the City of Dubuque street
tree policy. Existing trees and shrubs to be
retained on site may be counted toward
fulfillment of the landscaping requirements.
a) Minimum tree planting requirements for
any new development in the Dubuque Industrial
Center West shall be one (1) tree of the
following size per 1,600 square feet of required
open space :
40% minimum: 2-2 1/2" caliper diameter
deciduous and/or 8-foot height or greater
evergreen.
Balance: 1 Y, - 2" caliper diameter deciduous
and/or 6-foot height evergreen.
b) Minimum shrub requirements at the time
of planting for any development in the PUD
District, shall be 6 shrubs, or 1 shrub per 1,000
square feet of required open space, whichever is
greater. Shrubs shall be a minimum of 18"
height or minimum of one (1) gallon potted.
428
Regular Session, December 20, 2004
3) Landscape berms and/or plantings shall be
required as screening for parking areas adjacent
to public streets and shall be a minimum of three
(3) feet in height and can utilize natural grade
changes to achieve the required 50% opacity
landscaping screen. Parking lot screening is in
addition to required landscaping of open space
areas.
4) Trees shall be provided in all parking lot
isiands, which are of sufficient size to ensure the
growth and survival of the trees. Trees planted
in parking lot islands may be counted toward the
minimum tree planting requirements.
5) The developer of any lot fronting Seippel
Road andlor Chavanelle Road shall participate
in the planting trees compatible in species and
spacing with tree plantings, which have
previously been completed by the City along
said streets.
6) The installation of required planting
materials may be phased in direct proportion to
the phasing of building construction. Required
landscaping shall be installed by the date the
Building Services Department issues an
occupancy certificate, or if winter weather
prevents planting, within six months of being
issued an occupancy certificate.
7) To reduce erosion, all disturbed open
space areas shall have ground cover of grass or
native vegetation, which is installed as sod, or
seeded, fertilized and mulched.
8) The lot owner is required to replant any
and all plant materials, which have died due to
any cause during the effective period of this
PUD Ordinance.
9) A detailed landscape plan shall be required
as part of submittal for final site development
plan approval.
10) The area between the public street and the
right-of-way line shall be planted with grass and
maintained by the lot owner.
11) Industrial Center landscaping: Common
areas and streetscapes of the PUD District shall
be in accordance with the landscape plan, a
copy of which is attached and made a part of
this PUD ordinance.
I. Performance Standards.
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
1) Site Lighting: exterior illumination of site
features and location and design of site lighting
shall be in accordance with the following
requirements:
a) Exterior Illumination of site features shall
be limited to the illumination of the following:
Parking areas, driveways and loading
facilities
Pedestrian walkway surfaces and entrances
to building
Screened storage areas
Building exterior
b) Location and design of site lighting shall
be in accordance with the following
requirements:
All exterior lighting shall be designed,
installed and maintained so as not to cause
glare or to shine in adjacent lots and streets.
No light source shall provide illumination onto
adjacent lots, buildings or streets in excess of
1.0-foot candle.
All exterior lighting iuminaries shall be
designed and installed to shield light from the
luminaire at angles above 72 degrees from
vertical.
Fixtures mounted on a building shall not be
positioned higher than the roofline of the
building.
Wooden utility type poles are acceptable only for
temporary use during construction.
All electrical service lines to posts and fixtures
shall be underground and concealed inside the
posts.
2) Utility Locations: Service lines and
mechanical equipment for utilities shall be
located in accordance with the following
requirements.
a) Service Lines: All electrical, telephone
cable and other similar utility lines serving the
building and other site features shall be located
underground.
b) Mechanical Equipment: All ground-
mounted electrical transformers, switching gear,
relay boxes, meters, air conditioning units, heat
pumps and other similar mechanical equipment
shall be screened from view. Screening may
consist of plantings or masonry walls. Plantings
shall achieve 50% opacity after three (3)
growing seasons and a masonry wall shall
appear to be an integral part of the building's
overall architectural design.
3) Site Plans: Final site development pians
shall be submitted in accordance with Section 4-
4 of the Zoning Ordinance prior to construction
of each building and vehicle-related feature
unless otherwise exempted by Section 4-4.
4) Storm Water Conveyance: The developer
of each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm
water from the lot to existing storm sewers or to
flow line of open drainage ways outside the lot in
a means that is satisfactory to the Public Works
Department of the City of Dubuque. Other
applicable regulations enforced by the City of
Dubuque relative to storm water management
and drainage shall apply to properties in the
PUD District.
5) Platting: The conceptual development plan
shall serve as the preliminary plat for this PUD
District. Subdivision plats and improvement
plans shall be submitted in accordance with
Chapter 42, Subdivision Regulations, of the City
of Dubuque Code of Ordinances.
Regular Session, December 20, 2004
429
6) Noises: Noises generated within the PUD
District shall be regulated by Chapter 33, Article
IV Noises, of the City of Dubuque Code of
Ordinances.
7) Street Lighting: Streetlights shall be
installed in accordance with City of Dubuque
standards.
8) Flood Plain Regulations: The area of the
PUD District that lies within the flood plain of
Catfish Creek shall be subject to the regulations
of Section 3-5.3 of the Zoning Ordinance.
g) Phased construction of Buildings and
Parking Spaces: The construction of off-street
parking spaces may be phased in proportion to
the percentage of total building floor area
constructed at anyone time. Ground area set
aside for future parking, loading spaces or
driveways or for parking provided in excess of
the minimum required number of parking spaces
shall not reduce the minimum required area for
open space.
10) Other Codes and Regulations: These
regulations do not relieve an owner from other
applicable City, County, State and Federal
codes, regulations, laws and other controls
relative to the planning, construction, operation
and management of property in the PUD District.
J.Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan as "open" shall be maintained
as open space, as defined by Section 8 of the
Zoning Ordinance by the property owner and/or
association. The recreational trail shall be
maintained by the property owner and/or
association.
K. Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
L. Modifications.
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
M. Recordino.
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within ten (10) days
after the adoption of this ordinance. This
ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 4. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of DUbuque,
Iowa.
Section 5. The foregoing amendment shall
take effect upon publication, as provided by law.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28'h day of December, 2004.
Jeanne F. Schneider, City Clerk
11 12/28
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 7-0.
Council, by consensus, directed that staff work
with the affected property owners.
Historic Preservation Revolving Loan Fund -
$200,000 General Obligation Capital Loan Note:
Proof of publication on notice of hearing to
consider approval of an offer by Premier Bank to
provide $200,000 to the City for ten years,
interest free, for the Historic Preservation
Revolving Loan Fund, financed with a $200,000
General Obligation Capital Loan Note and City
Manager recommending approval, presented
and read.
RESOLUTION NO. 485-04
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT
AND THE ISSUANCE OF $200,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to
institute proceedings for the authorization of a
Loan Agreement and the issuance of $200,000
General Obligation Capital Loan Notes, for a
general corporate purpose, for the purpose of
paying costs of funding the City's Historic
Preservation Revolving Loan Fund and the
making of loans to property owners in
designated historic preservation districts or who
own a City designated landmark for exterior
rehabilitation projects, and no petition was filed
calling for a referendum thereon. The following
action is now considered to be in the best
interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the authorization of a Loan Agreement and
issuance in the manner required by law of
$200,000 General Obligation Capital Loan Notes
to evidence the obligation thereof for the
foregoing general corporate purpose.
430
Regular Session, December 20, 2004
Passed, approved and adopted this 20th day of
December, 2004.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 486-04
RESOLUTION APPROVING AND AUTHOR-
IZING A FORM OF LOAN AGREEMENT AND
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF A $200,000 GENERAL
OBLIGATION CAPITAL LOAN NOTE, AND
LEVYING A TAX TO PAY THE NOTE
WHEREAS, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to
pay costs of funding the City's Historic
Preservation Revolving Loan Fund and the
making of loans to property owners in
designated historic preservation districts or who
own a City designated landmark for exterior
rehabilitation projects, a general corporate
purpose, and It is deemed necessary and
advisable that its General Obligation Capital
Loan Note in the amount of $200,000 be issued
for said purpose; and
WHEREAS, the City has a population of more
than 5,000 but not more than 75,000; and
WHEREAS, pursuant to notice published as
required by Sections 384.24, 384.24A, 384.25
and 384.26 of said Code, the Council of the City
has held public meeting and hearing upon the
proposal to institute proceedings for the
authorization to enter into a loan agreement and
the issuance of Notes for general corporate
purposes in the amounts as above set forth,
and, no petition for referendum having been
received, the Council is therefore now
authorized to proceed with the issuance thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this
Resolution unless the text expressly or by
necessary implication requires otherwise:
, "Issuer" and "City" shall mean the City of
Dubuque, Iowa.
, "Loan Agreement" shall mean a Loan
Agreement between the Issuer and the Original
Purchaser in substantially the form attached to
and approved by this Resolution.
, "Note Fund" shall mean the fund required to
be established by Section 4 of this Resolution.
, "Notes" or "Note" shall mean the $200,000
General Obligation Capital Loan Note, In
substantially the form attached to and authorized
to be issued by this Resolution.
, "Original Purchaser" shall mean Premier
Bank, Dubuque, Iowa.
,"Paying Agent" shall mean the City
Treasurer, or such successor as may be
approved by Issuer as provided herein and who
shall carry out the duties prescribed herein as
Issuer's agent to provide for the payment of
principal of the Notes as the same shall become
due.
, "Project" shall mean the costs of funding the
City's Historic Preservation Revolving Loan
Fund and the making of loans to property
owners in designated historic preservation
districts or who own a City designated landmark
for exterior rehabilitation projects.
, "Project Fund" shall mean the fund required
to be established by this Resolution for the
deposit of the proceeds of the Notes.
, "Registra~' shall mean the City Treasurer of
Dubuque, Iowa, or such successor as may be
approved by Issuer as provided herein and who
shall carry out the duties prescribed herein with
respect to maintaining a register of the owners
of the Notes. Unless othelWise specified, the
Registrar shall also act as Transfer Agent for the
Notes.
,"Resolution" shall mean this resolution
authorizing the issuance of
the Notes.
, "Treasure~' shall mean the City Treasurer or
such other officer as shall succeed to the same
duties and responsibilities with respect to the
recording and payment of the Notes issued
hereunder.
Section 2. Loan Aoreement and Note. The
forms of Loan Agreement and Note in
substantially the form attached to this Resolution
are hereby approved and are authorized to be
executed and issued on behalf of the Issuer by
the Mayor and attested by the City Clerk. Upon
execution, the Loan Agreement and Note shall
be delivered to the Original Purchaser in
exchange for the principal amount thereof.
Section 3. Levv and Certification of Annual
Tax: Other Funds to be Used.
(a) Levv of Annual Tax. That for the purpose of
providing funds to pay the principal of the Notes
hereinafter authorized to be issued, there shall
be levied in the Debt Service Fund for each
future year the following direct annual tax on all
of the taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$200,000 2014/2015
(NOTE: For example the levy to be made and
certified against the taxable valuations of
January 1, 2004. will be collected during the
fiscal year commencing July 1,2005).
(b) Resolution to be Filed With County Auditor.
A certified copy of this Resolution shall be filed
with the County Auditor of Dubuque County,
Iowa, and the Auditor is hereby instructed in and
for each of the years as provided, to levy and
assess the tax hereby authorized in Section 3 of
Regular Session, December 20, 2004
this Resolution, in like manner as other taxes
are levied and assessed, and such taxes so
levied in and for each of the years aforesaid be
collected in like manner as other taxes of the
City are collected, and when collected be used
for the purpose of paying principal on said Notes
issued in anticipation of the tax, and for no other
purpose whatsoever.
(c) Additional Citv Funds Available. Principai
coming due at anytime when the proceeds of
said tax on hand shall be insufficient to pay the
same shall be promptly paid when due from
current funds of the City available for that
purpose and reimbursement shall be made from
such special fund in the amounts thus
advanced.
Section 4. Note Fund. Said tax shall be
assessed and collected each year at the same
time and in the same manner as, and in addition
to, all other taxes in and for the City, and when
collected they shall be converted into a special
fund within the Debt Service Fund to be known
as the "GENERAL OBLIGATION CAPITAL
LOAN NOTE FUND 2004 No. ONE" (the "Note
Fund"), which is hereby pledged for and shall be
used only for the payment of the principal on the
Notes hereinafter authorized to be issued.
Section 5. Aoolication of Note Proceeds.
Proceeds of the Notes shall be credited to the
Project Fund and expended only for the
purposes of the Project. Any amounts on hand
in the Project Fund shall be available for the
payment of the principal on the Notes at any
time that other funds shall be insufficient to the
purpose, in which event such funds shall be
repaid to the Project Fund at the earliest
opportunity. Any balance on hand in the Project
Fund and not immediately required for its
purposes may be invested not inconsistent with
limitations provided by law or this Resolution.
Section 6. Investments of Note Fund
Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in
investments permitted by Chapter 12B, Code of
Iowa, 2003 (formerly Chapter 452, Code of
Iowa, as amended) or deposited in financial
institutions which are members of the Federal
Deposit Insurance Corporation and the deposits
in which are insured thereby and all such
deposits exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in anyone financial
institution shall be continuously secured in
compliance with the State Sinking Fund
provided under Chapter 12C of the Code of
Iowa, 2003, as amended or othelWise by a valid
pledge of direct obligations of the United States
Government having an equivalent market value.
All such interim investments shall mature before
the date on which the moneys are required for
payment of principal of the Notes as herein
provided.
431
Section 7. Note Details. Execution and
Redemotion.
(a) Note Details. The Loan Agreement and
Note of the City in the principal amount of
$200,000 shall be issued pursuant to the
provisions of Section 384.24A and 384.26(5) of
the City Code of Iowa for the aforesaid
purposes. The Note and Loan Agreement shall
be executed by the manual signature of the
Mayor and attested by the manual signature of
the City Clerk, and impressed with the seal of
the City. The Note shall be fully registered as
provided in this Resolution; principal shall be
payable at the office of the Paying Agent by
mailing of a check to the registered owner of the
Note. The Note shall be issued as a single Note
in the form attached hereto, in the principal
amount described herein, and shall mature on
January 1, 2015 (or on such later date as may
be acceptable to the Original Purchaser and set
forth therein). No interest shall accrue on the
Note or the Loan Agreement.
(b) Redemotion. The Note is subject to
redemption prior to maturity by the Issuer and
may be paid before maturity on any date, from
any funds regardless of source, in whole or from
time to time in part, as provided in the Note.
The terms of redemption shall be par.
Section 8. Reaistration of Notes: Aooointment
of Reaistrar: Transfer: Ownershio: Deliverv: and
Cancellation.
(a) Reaistration. The ownership of Notes may
be transferred only by the making of an entry
upon the books kept for the registration and
transfer of ownership of the Notes, and in no
other way. The City Treasurer is hereby
appointed as Registrar under the terms of this
Resolution. Registrar shall maintain the books
of the Issuer for the registration of ownership of
the Notes for the payment of principal of the
Notes as provided in this Resolution. All Notes
shall be negotiable as provided in Article 8 of the
Uniform Commercial Code subject to the
provisions for registration and transfer contained
in the Notes and in this Resolution.
(b) Transfer. The ownership of any Note may
be transferred only upon the Registration Books
kept for the registration and transfer of Notes
and only upon surrender thereof at the office of
the Registrar together with an assignment duly
executed by the holder or his duly authorized
attorney in fact in such form as shall be
satisfactory to the Registrar, along with the
address and social security number or federal
employer identification number of such
transferee (or, if registration is to be made in the
name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Note (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the
432
Regular Session, December 20, 2004
Registration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Note, a new fully registered
Note, of any denomination or denominations
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Note, and maturing
on the same date or dates shall be delivered by
the Registrar.
(c) Reaistration of Transferred Notes. In all
cases of the transfer of the Notes, the Registrar
shall register, at the earliest practicable time, on
the Registration Books, the Notes, in
accordance with the provisions of this
Resolution.
(d) Ownershio. As to any Note, the person in
whose name the ownership of the same shall be
registered on the Registration Books of the
Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and
payment of or on account of the principal of any
such Notes shall be made only to or upon the
order of the registered owner thereof or his legal
representative. All such payments shall be valid
and effectual to satisfy and discharge the liability
upon such Note, to the extent of the sum or
sums So paid.
(e) Cancellation. All Notes which have been
redeemed shall not be reissued but shall be
cancelled by the Registrar. All Notes which are
cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall
be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar
shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event
any payment check representing payment of
principal of the Notes is returned to the Paying
Agent or if any note is not presented for
payment of principal at the maturity or
redemption date, if funds sufficient to pay such
principal of Notes shall have been made
available to the Paying Agent for the benefit of
the owner thereof, all liability of the Issuer to the
owner thereof for such payment of such Notes
shall forthwith cease, terminate and be
completely discharged, and thereupon it shall be
the duty of the Paying Agent to hold such funds,
without liability for interest thereon, for the
benefit of the owner of such Notes who shall
thereafter be restricted exclusively to such funds
for any claim of whatever nature on his part
under this Resolution or on, or with respect to,
such interest or Notes. The Paying Agent's
obligation to hold such funds shall continue for a
period equal to two years and six months
following the date on which such principal
became due, whether at maturity, or at the date
fixed for redemption thereof, or otherwise, at
which time the Paying Agent, shall surrender
any remaining funds so held to the Issuer,
whereupon any claim under this Resolution by
the Owners of such interest or Notes of
whatever nature shall be made upon the Issuer.
Section 9. Record Date. Payments of
principal, otherwise than upon full redemption,
made in respect of any Note, shall be made to
the registered holder thereof or to their
designated agent as the same appear on the
books of the Registrar on the 15th day
preceding the payment date. All such payments
shall fully discharge the obligations of the Issuer
in respect of such Notes to the extent of the
payments so made. Final payment of principal
shall only be made upon surrender of the Note
to the Paying Agent.
Section 10. Riaht to Name Substitute Pavina
Aaent or Reaistrar. Issuer reserves the right to
name a substitute, successor Registrar or
Paying Agent upon giving prompt written notice
to each registered note holder.
Section 11. Resolution a Contract. The
provisions of this Resolution shall constitute a
contract between the Issuer and the holder or
holders of the Note, and after the issuance of
the Note no change, variation or alteration of
any kind in the provisions of this Resolution shall
be made in any manner, except with the consent
of the Original Purchaser or other registered
holder of the Note, until such time as the Note
shall have been satisfied and discharged as
provided in this Resolution.
Section 12. Severabilitv. If any section,
paragraph, or provision of this Resolution shall
be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect
any of the remaining provisions.
Section 13. Reoeal of Conflictina Ordinances
or Resolutions and Effective Date. All other
ordinances, resolutions and orders, or parts
thereof, in conflict with the provisions of this
Resolution are, to the extent of such conflict,
hereby repealed; and this Resolution shall be in
effect from and after its adoption.
Passed, approved and adopted this 20'h day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Park Maintenance Headquarters Roofing
Project: Proofs of publication on notice of
hearing on plans and specifications for the Park
Maintenance Headquarters Roofing Project and
City Manager recommending award of the
contract to Stumpf Construction in the amount of
$44,510, presented and read. Cline moved that
the proofs and communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Regular Session, December 20, 2004
433
RESOLUTION NO. 487-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1 st day of November, 2004,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Park Maintenance Roof
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, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO, 488-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Park
Maintenance Roof Project pursuant to
Resolution No. 411-04, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 5th day of November,
2004.
Whereas, said sealed proposals were opened
and read on the 9th day of December, 2004, and
it has been determined that the bid of Stumpf
Construction in the amount of $44,510 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 Stumpf Construction, 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 contracto~s bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Buol moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Petition for Public Skating Sessions: Loras
Kluesner to present a petition to City Council
requesting that public ice skating at the Five
Flags Civic Center be provided on Saturday and
Sunday afternoons for the remainder of the
season, presented and read. Nicholson moved
that the petition be received and filed and
referred to Staff to investigate and look at
expanded hours. Seconded by Michalski.
Motion carried 7-0.
Loras Kluesner, 440 Maplewood, spoke
explaining that these were the same hours
previously available and requested that the
hours be reinstated for the remainder of the
season.
Eagle Point Bluff Stabilization - Request for
Proposals: City Manager recommending
approval to release a Request for Proposal for
qualified consulting/engineering firms for the
Eagle Point Bluff Study, presented and read.
Markham moved that the communication be
received and filed and approved
recommendation. Seconded by Buol. Motion
carried 7-0. Michaiski stressed that the City is
requesting the best solution/answer to the
problem.
Cedar Ridge Farm Place No. 7 - Final Plat:
City Manager recommending approval of the
final plat of Cedar Ridge Farm Place NO.7 being
developed by Nemmers Cedar Ridge Farm,
LLC, presented and read. Cline moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
RESOLUTION NO. 489-04
A RESOLUTION APPROVING THE FINAL
PLAT OF CEDAR RIDGE FARM PLACE NO.7
IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Cedar Ridge Farm Place No.
7 in the City of Dubuque, Iowa: and
Whereas, upon said final plat appears a street
to be known as Cedar Ridge Court (Lot A),
together with certain public utility and sewer
easements which the owners by said final plat
have dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
434
Regular Session, December 20, 2004
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Cedar Crest
Court (Lot A) , together with the easements for
public utilities, sanitary sewer, storm sewer and
water mains as they appear upon said final plat,
be and the same are hereby accepted; and
Section 2. That the plat of Cedar Ridge Farm
Place No. 7 is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
a. To reduce Cedar Crest Court (Lot A) to
grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or
with concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, and in conformance with
construction improvement plans approved by the
City Engineer, and inspected by the City
Engineer.
b. To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque Standard Specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
c.To dedicate a storm water detention facility in
a manner acceptable to the City Engineer as
part of a future final plat in accordance with the
site grading improvement plans dated May 25,
2004 and in compliance with City of Dubuque
Standard Specifications approved by the City
and inspected by the City Engineer.
d. To construct said improvements, prior to two
(2) years from the date of acceptance of this
resolution, at the sole expense of the owner, or
future owner.
d. To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owner, or future owner.
And further provided that said Nemmers Cedar
Ridge Farm Limited Partnership, as owner of
said property, shall secure the performance of
the foregoing conditions provided in this Section
by providing guarantees in such form and with
such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public right-of-way, as required by
City Code 41-161 through 41-164. The
responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will
not be required until the development of the lot
has been completed, except as required herein.
In sparsely developed subdivisions, sidewalks
on developed lots will not be required until 50%
of the lots approved by the plat have been
developed. All vacant lots shall have sidewalks
installed upon development of 80% of the lots
approved by the plat.
Section 4. The undersigned owner hereby
agrees to continue to maintain the detention
facility until all of the following has been
compiled with:
a. The detention basin has been fully
completed.
b. 80% of Lot B and subdivision thereof have
been developed
c. Adequate erosion control measures, as
approved by the City, have been installed on the
remaining 20% of said Lot B.
Section 5. Upon the City's acceptance of the
detention facility, the undersigned owner hereby
agrees that periodic inspection, administrative
and maintenance expenses incurred by the City
of Dubuque for the storm water detention facility
shall be assessed against Lot B and all
subdivisions of Lot B in proportion to the
acreage of each lot as a percentage of the
acreage in the subdivision. Such costs will be
dependent upon the condition of the facility. The
City Manager shall certify such costs to the City
Clerk, who in turn shall then be collected with
and in the same manner as general property
taxes in accordance with provisions of law.
Section 6. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 7. That in the event Nemmers Cedar
Ridge Farm Limited Partnership shall fail to
execute the acceptance and furnish the
guarantees provided in Section 2 hereof within
180 days after the date of this Resolution, the
provisions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 20th day of
December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 489-04
Regular Session, December 20, 2004
435
I, the undersigned, Julian Nemmers,
representing Nemmers Cedar Ridge Farm
Limited Partnership, having read the terms and
conditions of the Resolution No. 489-04 and
being familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 27th day of
December, 2004.
/s/ Julian Nemmers
Nemmers Cedar Ridge Farm Limited
Partnership
Cline moved adoption of the Resolution.
Seconded by Buol. Motion carried 6-0 with
Duggan temporarily out of the room.
Community Economic Betterment Account
(CEBA) Application: City Manager
recommending approval of an application for
Community Economic Better Account (CEBA)
funds to assist Prudential in an expansion
project to add sixty-nine new full-time positions
within the next three years, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 490-04
A RESOLUTION AUTHORIZING THE FILING
OF A COMMUNITY ECONOMIC BETTER-
MENT ACCOUNT (CEBA) APPLICATION ON
BEHALF OF PRUDENTIAL RETIREMENT
INSURANCE & ANNUITY COMPANY
Whereas, PRUDENTIAL RETIREMENT
INSURANCE & ANNUITY COMPANY has
proposed the expansion of its existing
operations; and
Whereas, the City Council of Dubuque, Iowa
has considered said proposal and has
determined that the proposed project will
contribute to the local economy through the
creation of over 69 new jobs for area residents;
and
Whereas, the Iowa Department of Economic
Development's Community Economic
Betterment Account (CEBA) was designed to
assist in the economic development efforts of
local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible
to apply for funding from the Community
Economic Betterment Account program:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for
participation in the Iowa Community Economic
Betterment Account program on behalf of
Prudential Retirement Insurance & Annuity
Company is approved.
Section 2. That a local match of $62,000 be
provided by the City of Dubuque as a loan to the
company, subject to the approval and execution
of a formal loan agreement.
Section 3. That the Mayor is hereby
authorized to execute, and the City Manager is
hereby directed to submit said application to the
State of Iowa Economic Development
Commission together with such documents as
may be required.
Passed, approved, and adopted this 20th day
of December 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0 with
Duggan clarifying he will abstain from the vote
when the application is considered by the Iowa
Department of Economic Development Board of
Directors, of which he is a member.
Outdoor Storage Regulations: City Manager
recommending approval of the prohibition of
exterior commercial storage containers effective
July 1, 2005, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried
7-0.
An Ordinance Amending Chapter 11 Building
and Building Regulations of the City of Dubuque
Code of Ordinances by adopting a new Article
VII. Exterior Storage Containers prohibiting the
use of exterior storage containers, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 84-04
AMENDING CHAPTER 11 BUILDING AND
BUILDING REGULATIONS OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
ADOPTING A NEW ARTICLE VII. EXTERIOR
STORAGE CONTAINERS PROHIBITING THE
USE OF EXTERIOR STORAGE CONTAINERS
WHEREAS, the City Council of the City of
Dubuque finds that storage containers used for
the exterior storage of materials, inventory or
equipment constitute an eyesore to the
community; and
WHEREAS, the City Council finds that storage
containers constitute a threat to public health
and safety because their location may and do
block or prevent proper access to buildings and
building exits, emergency exists, fire
connections to sprinkler systems and utility
disconnects; and
WHEREAS, The City Council finds that
storage containers constitute a threat to public
health and safety because they may and do
contain unknown and sometime hazardous
contents; and
WHEREAS, the City Council finds that storage
containers may be and are converted into
permanent structures without any practical
436
Regular Session, December 20, 2004
means of complying with building and fire code
requirements.
NOW, THEREFORE, BE IT ORDAiNED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 11 of the City of Dubuque
Code of Ordinances is amended by adding the
following new article:
ARTICLE VII. EXTERIOR STORAGE
CONTAINERS PROHIBITED
Section 11-83. Exterior Storage Containers
Prohibited:
(a) For purposes of this article, storage container
means any receptacle designed, built or
intended to be used for the shipment,
transportation or storage of goods.
(b) The use of storage containers for the exterior
storage of materials, inventory or equipment is
hereby prohibited. This prohibition shall not
apply to a truck trailer or semi-trailer while it is
actively being used for the transportation of
materials, inventory or equipment and is
temporarily located adjacent to a loading dock.
(c) Notwithstanding subparagraph (b), a storage
container may be used as a construction site
trailer but only during construction on the site.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 28th day of December, 2004.
Jeanne F. Schneider, City Clerk
1t 12/28
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Bee Branch Creek Restoration Design
Standards: City Manager recommending
approval of the proposed Bee Branch Creek
Restoration Design Standards, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Carried by the following vote: Yeas-Buol, Cline,
Connors, Markham, Michalski, Nicholson.
Nays-Duggan.
RESOLUTION NO. 491-04
APPROVING THE ENTIRE ALIGNMENT OF
THE BEE BRANCH CREEK RESTORATION
PROJECT
Whereas, approving the establishment of the
entire alignment of the Bee Branch Creek
Restoration Project in the City of Dubuque; and
Whereas, the City Council deems that it is in
the best interest of the City to adopt the entire
alignment of the Bee Branch Creek Restoration
Project as outlined in Figure 5-6.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached alignment of the Bee
Branch Creek Restoration Project, as outlined in
Figure 5-6, be approved.
Passed, approved and adopted this 20th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City
Buol moved adoption of the Resolution.
Seconded by Nicholson. Carried by the
following vote: Yeas-Buol, Cline, Connors,
Markham, Michalski, Nicholson. Nays-Duggan.
RESOLUTION NO. 492-04
APPROVING THE DESIGN ELEMENTS AND
CONCEPTS AS OUTLINED BY THE
PRELIMINARY DESIGN FOR THE BEE
BRANCH CREEK RESTORATION PROJECT
Whereas, approving the design elements and
concepts as outlined by the preliminary design
for the Bee Branch Creek Restoration Project in
the City of Dubuque; and
Whereas, the City Council deems that it is in
the best interest of the City to approve the
design elements and concepts as outlined by
the preliminary design of the Bee Branch Creek
Restoration Project.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The design elements and concepts
as outlined by the preliminary design of the Bee
Branch Creek Restoration Project be approved.
Passed, approved and adopted this 20th day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Carried by the following
vote: Yeas-Buol, Cline, Connors, Markham,
Michalski, Nicholson. Nays-Duggan.
Cline and Markham stressed addressing
concerns in Wayne Klostermann's letter.
An Ordinance Repealing Ordinance No. 50-04
and amending the City of Dubuque Code of
Ordinances, Chapter 11 Buildings and Building
Regulations by adding a new Section 11-58.5
Adopting a moratorium on the issuance of
building permits for commercial and new
residential construction in the Bee Branch Creek
Restoration Alignment Study area, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 85-04
Regular Session, December 20, 2004
437
REPEALING ORDINANCE NO. 50-04 AND
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES CHAPTER 11 BUILDINGS
AND BUILDING REGULATIONS BY ADDING
A NEW SECTION 11-58.5 ADOPTING A
MORATORIUM ON THE ISSUANCE OF
BUILDING PERMITS FOR COMMERCIAL AND
NEW RESIDENTIAL CONSTRUCTION IN THE
BEE BRANCH CREEK RESTORATION
ALIGNMENT STUDY AREA
Whereas, the City Council of the City of
Dubuque, Iowa is undertaking a study of an
alignment for the proposed Bee Branch
Restoration Project in the City of Dubuque
between 24th Street and the 16th Street
Detention Basin, which will include the
acquisition of property necessary for said
project; and
Whereas, the City Council believes that it is in
the best interest of the City and its citizens to
minimize the inconvenience and disruption to
property owners in the study area and to
minimize property acquisition costs for the
construction of the Bee Branch Restoration
Project and that a moratorium for the study area
should be adopted; and
Whereas, the City Council adopted Ordinance
No. 50-04, providing for a moratorium, which
Ordinance should now be repealed and a new
moratorium adopted in lieu thereof.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Section 1. Ordinance No.
50-04 is hereby repealed.
Section 2. The City of Dubuque Code of
Ordinances, Chapter 11, Buildings and Building
Regulations are hereby amended by adding the
following new section:
Section 11-58.5 Moratorium Bee Branch Creek
Restoration Alignment Area. The Building
Official shall not issue any permit for any
commercial construction or for any new
residential construction, including a new house
or new garage, but not including demolition and
emergency repairs, without the approval of the
City Council, in the Bee Branch Creek
Restoration Alignment area as shown on the
map on file in the office of the City Clerk, 50 W.
13'" Street, Dubuque, Iowa, during the period
from the effective date of this ordinance until
July 1, 2010, except where a vested right to the
issuance of such permit accrued prior to
December 1 g, 2003.
Section 3. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Pubiished officiall~ in the Telegraph Herald
newspaper this 28t day of December, 2004.
Jeanne F. Schneider, City Clerk
11 12/28
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Carried by the
following vote: Yeas-Buol, Cline, Connors,
Markham, Michalski, Nicholson. Nays-
Duggan.
Sidewalk Installation Ordinance: City Manager
recommending approvai of establishment of a
requirement to install sidewalks on all lots on a
public street for which a building permit or site
plan approval is sought in order to provide an
adequate safe area for pedestrian traffic and
that exceptions be granted only by action of the
City Council, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending Chapter 41, Streets,
Sidewalks and Public Places, of the City of
Dubuque Code of Ordinances by adding a new
Section 41-100 requiring sidewalk installation
and by retitling Article V as Sidewalk Installation
and Repair, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 86-04
AMENDING CHAPTER 41, STREETS,
SIDEWALKS AND PUBLIC PLACES, OF THE
CITY OF DUBUQUE CODE OF ORDINANCES
BY ADDING A NEW SECTION 41-100
REQUIRING SIDEWALK INSTALLATION AND
BY RETITLING ARTICLE V. AS SIDEWALK
INSTALLATION AND REPAIR
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Art. V of the Code of
Ordinances, City of Dubuque, is retitled
Sidewalk Installation and Repair and is further
amended by adding the following new Section
41-100:
Section 41-100. Installation
(a) The owner of any lot or parcel in any area
of the city, whether such lot or parcel is
residential, commercial or industrial, that abuts
upon any improved public street that has curb
and gutter shall, at the owner's cost, install
sidewalk on such lot or parcel when said lot or
parcel is developed or redeveloped or at the
direction of City Council. For purposes of this
paragraph, development or redevelopment
means any improvement that requires a building
permit or site plan approval.
(b) No exception to the requirement of
paragraph (a) shall be permitted except by the
438
Regular Session, December 20, 2004
City Council upon written appeal filed with the
City Clerk.
Passed, approved and adopted this 20'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 28" day of December, 2004.
Jeanne F. Schneider, City Clerk
1112/28
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Sidewalk Inspection and Abatement Policy:
City Manager recommending approval of a
revised Sidewalk Inspection and Abatement
POlicy that will better reflect the definition of
"sidewalk," "sidewalk defects," extension criteria,
and an added appeal section, presented and
read. Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 493-04
APPROVING REVISIONS TO THE CITY OF
DUBUQUE SIDEWALK INSPECTION POLICY
Whereas, this is a resolution approving
revisions to the City of Dubuque Sidewalk
Inspection Policy; and
Whereas, the City Council deems that it is in
the best interest of the City to adopt the revised
Sidewalk Inspection Policy.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.The attached revisions to the City of
Dubuque Sidewalk Inspection Policy are hereby
approved.
Passed, approved and adopted this 20'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Asbury Road Sidewalk: City Manager
recommending approval of the installation of
sidewalks along the north side of Asbury Road
from John F. Kennedy Road to the Northwest
Arterial in response to several requests from
citizens, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Eagle Valley Subdivision Parking
Restrictions: City Manager recommending
approval of no parking zones for five streets in
Eagle Valley Subdivision pursuant to an
agreement between the City and Fondell
Excavating, Inc., which was approved on
December 2, 2003 for the Eagle Valley
Subdivision, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending Section 32-262(d) of
the Code of Ordinances of the City of Dubuque,
Iowa, prohibiting parking on designated streets
or portions thereof by adding portions of Bald
Eagle Court, Harpy Eagle Court, Stellar Eagle
Drive, Golden Eagle Drive and Eagle Valley
Drive, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 87-04
AN ORDINANCE AMENDING SECTION 32-
262(d) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA,
PROHIBITING PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF BY
ADDING PORTIONS OF BALD EAGLE
COURT, HARPY EAGLE COURT, STELLAR
EAGLE DRIVE, GOLDEN EAGLE DRIVE, AND
EAGLE VALLEY DRIVE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
to Subsection (d) of Section 32-262 the
following:
Eagle Valley Drive, both sides, from Roosevelt
Street to Golden Eagle Drive.
Golden Eagle Drive, west and south sides,
from its northerly terminus to and including the
cul-de-sac at its easterly terminus.
Stellar Eagle Drive, east side, from Golden
Eagle Drive to Bald Eagle Court.
Harpy Eagle Court, north side, from Stellar
Eagle Drive to and including the cul-de-sac at its
easterly terminus.
Bald Eagle Court, south side, from Golden
Eagle Drive to and including the cul-de-sac at its
easterly terminus.
Passed, approved and adopted this 20'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Prairie and Walnut Streets - Through Streets:
City Manager recommending that Prairie Street
and Walnut Street be designated as "through
streets" to provide authority for the installation of
stop signs on all the side streets without the
necessity of individual stop sign ordinances for
each intersection, presented and read. Buol
Regular Session, December 20, 2004
439
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
adding Prairie Street and Walnut Street to
Subsection (b) of Section 32-213 thereof
providing for the designation of through streets,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 88-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY ADDING PRAIRIE STREET AND
WALNUT STREET TO SUBSECTION (b) OF
SECTION 32-213 THEREOF PROVIDING FOR
THE DESIGNATION OF THROUGH STREETS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
Prairie Street and Walnut Street to Subsection
(b) of Section 32-213 thereof as follows:
Sec. 32-213. Throuah Streets.
(b)
* * * '" *
Prairie Street, from the north right-of-way line
of Loras Boulevard to the south right-of-way line
of West Eleventh Street.
Walnut Street, from the north right-of-way line
of Loras Boulevard to the south right-of-way line
of University Avenue.
Passed, approved and adopted this 20'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 28'h day of December, 2004.
Jeanne F. Schneider, City Clerk
11 12/28
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Holliday Drive - Through Street: City Manager
recommending that Holliday Drive be designated
as a "through street" to provide authority for the
installation of stop signs on all the side streets
and to give priority to traffic along Holliday Drive,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
adding Holliday Drive to Subsection (b) of
Section 32-213 thereof providing for the
designation of through streets, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 89-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY ADDING HOLLIDAY DRIVE TO
SUBSECTION (b) OF SECTION 32-213
THEREOF PROVIDING FOR THE
DESIGNATION OF THROUGH STREETS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
Holliday Drive to Subsection (b) of Section 32-
213 thereof as follows:
Sec. 32-213. Throuah Streets.
(b)
"" '" * '" *
Holliday Drive, from Asbury Road to its
southerly terminus.
Passed, approved and adopted this 20'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 28'h day of December, 2004.
Jeanne F. Schneider, City Clerk
1t 1/28
Connors 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 7-0.
Economic Development Revolving Loan Fund .
(RLF) Programs: City Manager recommending
approval of the establishment of two Revolving
Loan Fund (RLF) Programs for the Economic
Development Department from the Community
Development Block Grant Program, presented
and read. Markham moved that the
communication be received and filed and
approved recommendation. Seconded by Buol.
Motion carried 7-0.
RESOLUTION NO. 494-04
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT
AND THE ISSUANCE OF $200,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES
Whereas, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to
institute proceedings for the authorization of a
440
Regular Session, December 20, 2004
Loan Agreement and the issuance of $200,000
General Obligation Capital Loan Notes, for a
general corporate purpose, for the purpose of
paying costs of funding the City's Historic
Preservation Revolving Loan Fund and the
making of loans to property owners in
designated historic preservation districts or who
own a City designated landmark for exterior
rehabilitation projects, and no petition was filed
calling for a referendum thereon. The following
action is now considered to be in the best
interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and take additional action
for the authorization of a Loan Agreement and
issuance in the manner required by law of
$200,000 General Obligation Capital Loan Notes
to evidence the obligation thereof for the
foregoing general corporate purpose.
Passed, approved and adopted this 20th day
of December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 495-04
RESOLUTION APPROVING AND
AUTHORIZING A FORM OF LOAN
AGREEMENT AND AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF A
$200,000 GENERAL OBLIGATION CAPITAL
LOAN NOTE, AND LEVYING A TAX TO PAY
THE NOTE
Whereas, the Issuer is duly incorporated,
organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay
costs of funding the City's Historic Preservation
Revolving Loan Fund and the making of loans to
property owners in designated historic
preservation districts or who own a City
designated landmark for exterior rehabilitation
projects, a general corporate purpose, and it is
deemed necessary and advisable that its
General Obligation Capital Loan Note in the
amount of $200,000 be issued for said purpose;
and
Whereas, the City has a population of more
than 5,000 but not more than 75,000; and
Whereas, pursuant to notice published as
required by Sections 384.24, 384.24A, 384.25
and 384.26 of said Code, the Council of the City
has held public meeting and hearing upon the
proposal to institute proceedings for the
authorization to enter into a loan agreement and
the issuance of Notes for general corporate
purposes in the amounts as above set forth,
and, no petition for referendum having been
received, the Council is therefore now
authorized to proceed with the issuance thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Definitions. The following terms
shall have the following meanings in this
Resolution unless the text expressly or by
necessary implication requires otherwise:
, "Issue~' and "City" shall mean the City of
Dubuque, Iowa.
,"Loan Agreement" shall mean a Loan
Agreement between the Issuer and the Original
Purchaser in substantially the form attached to
and approved by this Resolution.
, "Note Fund" shall mean the fund required to
be established by Section 4 of this Resolution.
, "Notes" or "Note" shall mean the $200,000
General Obligation Capital Loan Note, in
substantially the form attached to and authorized
to be issued by this Resolution.
, "Original Purchaser" shall mean Premier
Bank, Dubuque, Iowa.
,"Paying Agent" shall mean the City
Treasurer, or such successor as may be
approved by Issuer as provided herein and who
shall carry out the duties prescribed herein as
Issue~s agent to provide for the payment of
principal of the Notes as the same shall become
due.
, "Project" shall mean the costs of funding the
City's Historic Preservation Revolving Loan
Fund and the making of loans to property
owners in designated historic preservation
districts or who own a City designated landmark
for exterior rehabilitation projects.
, "Project Fund" shall mean the fund required
to be established by this Resolution for the
deposit of the proceeds of the Notes.
, "Registra( shall mean the City Treasurer of
Dubuque, Iowa, or such successor as may be
approved by Issuer as provided herein and who
shall carry out the duties prescribed herein with
respect to maintaining a register of the owners
of the Notes. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the
Notes.
"Resolution" shall mean this resolution
authorizing the issuance of the Notes.
"Treasure( shall mean the City Treasurer or
such other officer as shall succeed to the same
duties and responsibilities with respect to the
recording and payment of the Notes issued
hereunder.
Section 2. Loan Aoreement and Note. The
forms of Loan Agreement and Note in
substantially the form attached to this Resolution
are hereby approved and are authorized to be
executed and issued on behalf of the Issuer by
the Mayor and attested by the City Clerk. Upon
execution, the Loan Agreement and Note shall
Regular Session, December 20, 2004
be delivered to the Original Purchaser in
exchange for the principal amount thereof.
Section 3. Levv and Certification of Annual
Tax: Other Funds to be Used.
(a) Levv of Annual Tax. That for the purpose
of providing funds to pay the principal of the
Notes hereinafter authorized to be issued, there
shall be levied in the Debt Service Fund for each
future year the following direct annual tax on all
of the taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$200,000 2014/2015
(NOTE: For example the levy to be made and
certified against the taxable valuations of
January 1, 2004, will be collected during the
fiscal year commencing July 1,2005).
(b) Resolution to be Filed With Countv Auditor.
A certified copy of this Resolution shall be filed
with the County Auditor of Dubuque County,
Iowa, and the Auditor is hereby instructed in and
for each of the years as provided, to levy and
assess the tax hereby authorized in Section 3 of
this Resolution, in like manner as other taxes
are levied and assessed, and such taxes so
levied in and for each of the years aforesaid be
collected in like manner as other taxes of the
City are collected, and when collected be used
for the purpose of paying principal on said Notes
issued in anticipation of the tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available. Principal
coming due at anytime when the proceeds of
said tax on hand shall be insufficient to pay the
same shall be promptly paid when due from
current funds of the City available for that
purpose and reimbursement shall be made from
such special fund in the amounts thus
advanced.
Section 4. Note Fund. Said tax shall be
assessed and collected each year at the same
time and in the same manner as, and in addition
to, all other taxes in and for the City, and when
collected they shall be converted into a special
fund within the Debt Service Fund to be known
as the "GENERAL OBLIGATION CAPITAL
LOAN NOTE FUND 2004 No. ONE" (the "Note
Fund"), which is hereby pledged for and shall be
used only for the payment of the principal on the
Notes hereinafter authorized to be issued.
Section 5. Application of Note Proceeds.
Proceeds of the Notes shall be credited to the
Project Fund and expended only for the
purposes of the Project. Any amounts on hand
in the Project Fund shall be available for the
payment of the principal on the Notes at any
time that other funds shall be insufficient to the
purpose, in which event such funds shall be
repaid to the Project Fund at the earliest
opportunity. Any balance on hand in the Project
Fund and not immediately required for its
441
purposes may be invested not inconsistent with
limitations provided by law or this Resolution.
Section 6. Investments of Note Fund
Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in
investments permitted by Chapter 12B, Code of
Iowa, 2003 (formerly Chapter 452, Code of
Iowa, as amended) or deposited in financial
institutions which are members of the Federal
Deposit Insurance Corporation and the deposits
in which are insured thereby and all such
deposits exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in anyone financial
institution shall be continuously secured in
compliance with the State Sinking Fund
provided under Chapter 12C of the Code of
Iowa, 2003, as amended or otherwise by a valid
pledge of direct obligations of the United States
Government having an equivalent market value.
All such interim investments shall mature before
the date on which the moneys are required for
payment of principal of the Notes as herein
provided.
Section 7. Note Details. Execution and
Redemption.
(a) Note Details. The Loan Agreement and
Note of the City in the principal amount of
$200,000 shall be issued pursuant to the
provisions of Section 384.24A and 384.26(5) of
the City Code of Iowa for the aforesaid
purposes. The Note and Loan Agreement shall
be executed by the manual signature of the
Mayor and attested by the manual signature of
the City Clerk, and impressed with the seal of
the City. The Note shall be fully registered as
provided in this Resolution; principal shall be
payable at the office of the Paying Agent by
mailing of a check to the registered owner of the
Note. The Note shall be issued as a single Note
in the form attached hereto, in the principal
amount described herein, and shall mature on
January 1, 2015 (or on such later date as may
be acceptable to the Original Purchaser and set
forth therein). No interest shall accrue on the
Note or the Loan Agreement.
(b) Redemption. The Note is subject to
redemption prior to maturity by the Issuer and
may be paid before maturity on any date, from
any funds regardless of source, in whole or from
time to time in part, as provided in the Note.
The terms of redemption shall be par.
Section 8. Reaistration of Notes: Appointment
of Reaistrar: Transfer: Ownership. Deliverv: and
Cancellation.
(a) Reaistration. The ownership of Notes may
be transferred only by the making of an entry
upon the books kept for the registration and
transfer of ownership of the Notes, and in no
other way. The City Treasurer is hereby
appointed as Registrar under the terms of this
Resolution. Registrar shall maintain the books
442
Regular Session, December 20, 2004
of the Issuer for the registration of ownership of
the Notes for the payment of principal of the
Notes as provided in this Resolution. All Notes
shall be negotiable as provided in Article 8 of the
Uniform Commercial Code subject to the
provisions for registration and transfer contained
in the Notes and in this Resolution.
(b) Transfer. The ownership of any Note may
be transferred only upon the Registration Books
kept for the registration and transfer of Notes
and only upon surrender thereof at the office of
the Registrar together with an assignment duly
executed by the holder or his duly authorized
attorney in fact in such form as shall be
satisfactory to the Registrar, along with the
address and social security number or federal
employer identification number of such
transferee (or, if registration is to be made in the
name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Note (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the
Registration Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Note, a new fully registered
Note, of any denomination or denominations
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Note, and maturing
on the same date or dates shall be delivered by
the Registrar.
(c) Reaistration of Transferred Notes. In all
cases of the transfer of the Notes, the Registrar
shall register, at the earliest practicable time, on
the Registration Books, the Notes, in
accordance with the provisions of this
Resolution.
(d) Ownership. As to any Note, the person in
whose name the ownership of the same shall be
registered on the Registration Books of the
Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and
payment of or on account of the principal of any
such Notes shall be made only to or upon the
order of the registered owner thereof or his legal
representative. All such payments shall be valid
and effectual to satisfy and discharge the liability
upon such Note, to the extent of the sum or
sums so paid.
(e) Cancellation. All Notes which have been
redeemed shall not be reissued but shall be
cancelled by the Registrar. All Notes which are
cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall
be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar
shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event
any payment check representing payment of
principal of the Notes is returned to the Paying
Agent or if any note is not presented for
payment of principal at the maturity or
redemption date, if funds sufficient to pay such
principal of Notes shall have been made
available to the Paying Agent for the benefit of
the owner thereof, all liability of the Issuer to the
owner thereof for such payment of such Notes
shall forthwith cease, terminate and be
completely discharged, and thereupon it shall be
the duty of the Paying Agent to hold such funds,
without liability for interest thereon, for the
benefit of the owner of such Notes who shall
thereafter be restricted exclusively to such funds
for any claim of whatever nature on his part
under this Resolution or on, or with respect to,
such interest or Notes. The Paying Agent's
obligation to hold such funds shall continue for a
period equal to two years and six months
following the date on which such principal
became due, whether at maturity, or at the date
fixed for redemption thereof, or otherwise, at
which time the Paying Agent, shall surrender
any remaining funds so held to the Issuer,
whereupon any claim under this Resolution by
the Owners of such interest or Notes of
whatever nature shall be made upon the Issuer.
Section 9. Record Date. Payments of
principal, otherwise than upon full redemption,
made in respect of any Note, shall be made to
the registered holder thereof or to their
designated agent as the same appear on the
books of the Registrar on the 15th day
preceding the payment date. All such payments
shall fully discharge the obligations of the Issuer
in respect of such Notes to the extent of the
payments so made. Final payment of principal
shall only be made upon surrender of the Note
to the Paying Agent.
Section 10. Riaht to Name Substitute Pavina
Aaent or Reaistrar. Issuer reserves the right to
name a substitute, successor Registrar or
Paying Agent upon giving prompt written notice
to each registered noteholder.
Section 11. Resolution a Contract. The
provisions of this Resolution shall constitute a
contract between the Issuer and the holder or
holders of the Note, and after the issuance of
the Note no change, variation or alteration of
any kind in the provisions of this Resolution shall
be made in any manner, except with the consent
of the Original Purchaser or other registered
holder of the Note, until such time as the Note
shall have been satisfied and discharged as
provided in this Resolution.
Section 12. Severabilitv. If any section,
paragraph, or provision of this Resolution shall
be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect
any of the remaining provisions.
Regular Session, December 20, 2004
443
Section 13. ReDeal of Confiictina Ordinances
or Resolutions and Effective Date. All other
ordinances, resolutions and orders, or parts
thereof, in conflict with the provisions of this
Resolution are, to the extent of such conflict,
hereby repealed; and this Resolution shall be in
effect from and after its adoption.
Passed, approved and adopted this 20'h day of
December, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Water Works Park Update: City Manager
submitting an updated plan for Water Works
Park and recommending approval of the
conceptual design, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Buol. Carried by the following vote: Yeas-
Buol, Cline, Connors, Duggan, Markham,
Michalski. Nays-Nicholson.
Carnegie Stout Public Library Community
Survey: Request of Library Director Susan
Henricks to address the City Council to provide
an overview of the Library's community survey,
presented and read. Susan Henricks spoke
reviewing the survey. Cline moved that the
report be received and filed. Seconded by
Nicholson. Motion carried 7-0.
At 9:15 P.M. Michalski moved to go into
Closed Session re: Property Acquisition -
Chapter 21.5(1)fj) 2003 Code of Iowa.
Seconded by Nicholson. Motion carried 7-0.
At 9:27 P.M. Council reconvened regular
session stating that staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Nicholson.
Motion carried 7-0. The meeting adjoumed at
9:28 P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
1t 12/30
APproved:~~ 2005
AdoPte~ -n
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Mayor
Council Members