Council Proceedings March 06
Special Session, March 2, 2006
67
DUBUQUE
CITY GOVERNING BOARD
OF THE MUNICIPAL HOUSING
AGENCY
OFFICIAL PROCEEDINGS
Governing Board of the Municipal Housing
Agency, March 2, 2006
Board met at 6:15 P.M. in the Pubiic Library
Auditorium
Present: Chairperson Buol, Members Braig,
Cline, Connors, Lynch, Michaiski, Plein
Absent: Jones
Chairperson Buol read the call and stated this
is a session of the Governing Board of the
Municipal Housing Agency called for the
purpose of discussing the FY 2007 Operating
Budget for the Assisted Housing Programs of
the Housing and Community Development
Department.
RESOLUTION NO. 63-06
APPROVING THE FISCAL YEAR 2007
OPERATING BUDGET FOR THE ASSISTED
HOUSING PROGRAMS OF THE HOUSING
AND COMMUNITY DEVELOPMENT
DEPARTMENT
Whereas, the US Department of Housing and
Urban Development (HUD) has required that a
governing board be constituted for purposes of
approving certain actions of the municipal
housing agency; and
Whereas, the City Council has duly constituted
the governing board of the municipal housing
agency of the City of Dubuque by passage of
Ordinance No. 5-02; and
Whereas, passage of the operating budget for
the Assisted Housing Programs of the Housing
and Community Development Department is an
action required of the governing board; and
Whereas, the governing board has detenmined
that approval of the operating budget is in the
best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The operating budget for the Assisted Housing
Programs of' the Housing and Community
Development Department for Fiscal year 2007 is
hereby approved.
Passed, approved and adopted this 2"' day of
March 2006.
Roy M. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Plein moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
There being no further business, Connors
moved to adjourn. Seconded by Michalski.
Motion carried 7-0. The meeting adjourned at
6:18 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 3/10
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk
68
Special Session, March 2, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, March 2, 2006
Council Met in Special Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
special session of the City Council called for the
purpose of conducting a public hearing on the
Fiscal Year 2007 budget and capital
Improvement program.
Proofs of publication on Notice of Public
Hearing on Budget Estimate for Fiscal Year
2007 and Notice of Pubiic Hearing on Five Year
Capital Improvement Program beginning July 1,
2006 through the fiscal year ending June 30,
2011, City Managers revised Fiscal Year 2007
budget recommendations, presented and read.
Michalski moved that the proofs and
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
Michalski moved that the rules be suspended
to allow anyone present to address the Council if
they so desire. Seconded by Cline. Motion
carried 7-0.
Public input and discussion on departments in
the following order:
Human Rights - Mauro Noeguelra from Brazil
spoke and requested that minorities in Dubuque
do the diversity training. Marcia Sola spoke in
regard to the involvement of minorities in the
diversity training.
Finance - no comments; Legal - no comments'
City Manager's Office - no comments; CitY
Council - no comments; City Clerk's Office - no
comments; Emergency Communications - no
comments; Emergency Management - no
comments; Fire Department - no comments'
Police Department ~ no comments; Building
Services Department -' no comments; Water
Department - no comments; Water Pollution
Control Plant - no comments; Public Works
Department - no comments; Engineering
Department - no comments; Civic Center
Division - no comments; Recreation Division -
no comments, Park Division - no comments'
Information Services Department - n~
comments; Cable TV Division - no comments'
Economic Development Department - n~
comments; Parking Division - no comments;
Transit Division - no comments; Library
Department - no comments; Housing and
Community Development Department - no
comments; Airport Department - no comments'
Health Services Department - no comments:
Planning Services Department - no comments:
Purchase of Services - no comments; Capitoi
Improvement Program - no comments.
Michalski moved that the rules be reinstated
iimiting discussion to the Council. Seconded by
Cline. Motion carried 7-0.
Communications from Katie Bahl, Dubuque
Main Street; Susan J. Riedel, Bell Tower
Theater; and Jeffrey S. Goldsmith, Dubuque
Symphony Orchestra, in support of continued
funding of the arts and cultural affairs in the City,
and commUnication from Chris Olson, President
of the Historic Bluffs Neighborhood Association
in support of the expansion of the COPS
Program, presented and read. Braig moved
that the communications be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 64..06
ADOPTING THE CITY OF DUBUQUE FISCAL
YEAR 2006 ANNUAL BUDGET
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the annual budget for the
fiscal year ending June 30, 2007, as set forth in
the Adoption of Budget and Certification of
Taxes and supporting state budget forms
showing the revenue estimates and
appropriation expenditures and allocations to
programs and activities for said fiscal year as
amended, is adopted. '
Section 2. The City Clerk is directed to make
the filings required by law.
Passed, approved and adopted this 2nd day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Braig moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 65-06
ADOPTING THE CITY OF DUBUQUE FIVE
YEAR CAPITAL IMPROVEMENT PROGRAM
Whereas, a recommended five year Capital
Improvement Program for the period beginning
July 1, 2006, and ending June 30, 2011, for the
City of Dubuque has been prepared and
submitted to the City Council; and
Whereas, the five year Capital Improvement
Program describes specific capital improvement
proJects, provides estimated costs for those
projects, proposes sources of funds for each of
them, and schedules the year during which each
project will be undertaken: and
Special Session, March 2, 2006
69
Whereas, the capital improvement projects for
the first year are included in the Fiscal Year
2007 budget for the City of Dubuque; and
Whereas, the five year Capital Improvement
Program will be reconsidered annually by the
City Council and appropriately revised; and
Whereas, the adoption of the five year Capital
Improvement Program is a prudent measure to
provide continuity of programs and is in the best
interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the five year Capital
Improvement Program for the period beginning
July 1, 2006, set out in the Fiscal Year 2007-
2011 Recommended Capital Improvement
Budget, is hereby approved and adopted as the
proposed allocation of City resources for capital
improvements as scheduled in the years shown,
subject to annual review and revision.
Passed, approved and adopted this 2nd day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Cierk
Braig moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 66-06
RESOLUTION ADOPTING THE FISCAL YEAR
2007 (PROGRAM YEAR 2006) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL PLAN
Whereas, the City of Dubuque has, through a
series of public meetings and hearings, finalized
a Fiscal Year 2007 (Program Year 2006)
Community Development Block Grant Annual
Action Plan addressing both housing and non-
housing needs in the community; and
Whereas, copies of the draft Fiscal Year 2007
(Program Year 2006) CDBG Annual Plan have
been available for public comment 30 days prior
to City Council action; and
Whereas, the City's Community Development
Advisory Commission has reviewed and
recommended adoption of the Annual Plan; and
Whereas, the City Council held a public
hearing on the proposed pian on February 21,
2006 and approved the FY 2007 Annual Plan as
amended.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Development
Block Grant Annual Action Plan, attached hereto
as Exhibit A and by this reference made a part
hereof, is hereby adopted.
Section 2. That the City Manager is hereby
authorized and directed to prepare and to submit
to the United States Department of Housing and
Urban Development the Fiscal Year 2007
(Program Year 2006) Annual Action Plan for the
use of Community Development Block Grant
funds based on this adopted budget.
Passed, approved and adopted this 2nd day of
March 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Braig moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa,
Sections 44-201 (a) Fixing water rates for
residential, commercial, industrial, and all other
uses, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 44-201(a) FIXING
WATER RATES FOR RESIDENTIAL,
COMMERICAL, INDUSTRIAL, AND ALL
OTHER USES
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 44-201 (a) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 44-201. Residential, Commercial,
Industrial and All Other Uses.
(a) The rates to be charged for water for
residential, commercial, industrial and all other
uses and purposes by any person, firm or
corporation within the City shall be based on
units of one-hundred cubic feet (748 gallons) as
follows:
Monthlv Consumetion lin Hundreds of Cubic
Feet) Charae Per Hundred Cubic Feet
First 30 $1.80
Next 120 $1.47
Next 350 $1.36
Next 500 $1.21
Next 1,000 $1.06
Rates shall be subject to the fallowing
minimum monthiy charge according to the size
of the meter
Meter Size (Inches)
Monthiv Consumetion
(In Hundreds of Cubic Feet)
Minimum Charae
5/8 2 $ 3.60
Y. 5 $ 9.00
1 8 $ 14.40
1 Y, 26 $ 46.80
2 46 $ 77.52
3 106 $ 165.72
4 168 $ 254.88
6 368 $ 526.88
8 625 $ 857.65
A $5.00 minimum monthly charge will be
assessed for meters not in service.
70
Special Session, March 2, 2006
Section 2. This Ordinance shall take effect
July 1, 2006.
Passed, approved and adopted this 2nd day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of March, 2006.
Jeanne F. Schneider, City Clerk
1t 3/15
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. Seconded by Lynch. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 7-0.
An Ordinance amending the City of Dubuque
Code of Ordinances Section 44-202 Fixing water
rates for fire sprinkler services, presented and .
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 18-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 44-202 FIXING
WATER RATES FOR FIRE SPRINKLER
SERVICE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 44-202 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 44-202 Fire Sprinkler Service
(a) Customers who have fire sprinkler service
shall be billed for this service on a monthly
basis. The monthly charge shall be as follows:
NUMBER OF HEADS CURRENT
MONTHLY CHARGES
Up to 200 (minimum monthly charge) $ 10.76
200-300 $ 12.92
300-400 $ 15.07
400-600 $ 17.21
600-800 $ 19.36
800-1,000 $ 21.53
1,000-1,200 $ 23.68
1,200-1,400 $ 25.81
1,400-1,600 $ 27.98
1,600-1,800 $ 30.13
1,800-2,000 $ 32.27
2,000-2,200 $ 34.43
2,200-2,400 $ 36.56
2,400-2,600 $ 38.73
2,600-2,800 $ 40.89
2,800-3,000 $ 43.09
3,000-3,500 $ 45.18
Over 3,500 (for each addijional 500 heads or
fraction thereof) $ 2.16
Section 2. This Ordinance shall take effect
July 1, 2006.
Passed, approved and adopted this 2"' day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officiall~ in the Telegraph Herald
newspaper this 15' day of March, 2006 and
republished June 20, 2006.
Jeanne F. Schneider, City Clerk
1 t 3/20 & 6120
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. Seconded by Lynch. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 7-0.
An Ordinance amending the Code of
Ordinances of the Cijy of Dubuque, Iowa,
Sections 44-83(a)(2) and 44-83(a)(3)g
Establishing basic sewer rates for residential
and commercial users by increasing the rates,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-06
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTIONS 44-83(a)(2) and
44-83 (a) (3)9 ESTABLISHING BASIC SEWER
RATES FOR RESIDENTIAL AND COM-
MERCIAL USERS BY INCREASING THE
RATES
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 44-83 (a)(2) of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Section 44-83 (a)(2) Schedule of Rates:
Rates per each one hundred (100) cubic
feet $1.97
Section 2. Section 44-83 (a)(3)g of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Where the quantity of water consumed is such
that the minimum service is charged, the
minimum sewer service charge, according to the
size of the meter, shall be as follows:
Meter size Minimum Allowance
(inches) Charge (cubic feet)
5/8 $ 3.95 200
3/4 $ 9.86 500
1 or larger $ 15.78 800
Section 3. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 2nd day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Special Session, March 2, 2006
71
Published officially in the Telegraph Herald
newspaper this 1 ih day of March, 2006.
Jeanne F. Schneider, City Clerk
1t 3/17
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. Seconded by Lynch. Motion
carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
An Ordinance amending the City of Dubuque
Code of Ordinances Section 40-1 Defining food
scraps and other compostable materials,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-06
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 40-1 DEFINING
FOOD SCRAPS AND OTHER COMPOST-
ABLE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-1 of the City of Dubuque
Code of Ordinances is hereby amended to read
as follows:
Sec. 40-1. Definitions:
For the purpose of this chapter the following
definitions shall apply:
Building Materials: Any material such as
lumber, fioor coverings, brick, plaster, sheet
metal or any other substances accumulated as a
result of repairs or additions to existing
buildings, construction of new buildings or
demolition of existing structures.
Class I Premises: Shall mean and include:
(1) Single-family dwellings;
(2) Multiple-family dwellings up to and including
six (6) dwelling units.
(3) Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or
joined dwelling units, including condominiums,
townhouses and row houses, in which each
dwelling unit has separate access and utility
service, each dwelling unit shall constitute a
single-family dwelling.
Class II Premises: Residential premises other
than class I residential premises, including:
(1) Dwellings in trailer courts;
(2) Schools, colleges, churches, convents,
nursing homes, rooming houses and other
semiprivate institutions; and
(3) Multiple-family dwellings exceeding six (6)
dwelling units.
Class III Premises: All business and commercial
premises, including that part of a residential
premises with a business or commercial use.
Dwelling: Shall mean and include any building or
portion thereof containing one or more dwelling
units.
Dwelling Unit: Shall mean and include one or
more connected rooms having complete kitchen
facilities and arranged, designed or used as
living quarters for one family only.
Food Scraps: Solid, semisolid and liquid animal
and vegetable residuals resulting from the
handling, preparing, cooking, storing, serving
and consuming of food.
Garbage: All solid and semisolid, putrescible
animal and vegetable wastes resulting from the
handling, preparing, cooking, storing, serving
and consuming of food or of material intended
for use as food, and all offal, excluding useful
industrial byproducts, and shall include all such
substances from all public and private
establishments and from all residences.
Hazardous Wastes: Waste materials, including,
but not limited to, poisons, pesticides,
herbicides, acids, caustics, biohazardous
wastes, flammable or explosive materials and
similar harmful wastes which require special
handling and which must be disposed of in such
a manner as to conserve the environment and
protect the public health and safety.
Other Compostable Materials: Napkins, plates,
cups, bowls, toweis, tissues, and take-out
containers made from paper as well as other
materiais as approved by the city manager.
Owner.' In addition to the record titleholder, any
person residing in, renting, leasing, occupying,
operating or transacting business in any
premises and as between such parties, the
duties, responsibilities, liabilities and obligations
hereafter imposed shall be joint and several.
Premises: A building or part of a building and its
grounds.
Recyclable Materials: Materials, including, but
not limited to, food container glass, aluminum,
steel (tin) cans, #1 and #2 plastic bottles,
uncontaminated newspapers and glossy paper
(magazines). Newspapers and glossy paper
shall be considered uncontaminated if they have
not been exposed to substances or conditions
rendering them unusable for recycling.
Refuse: Putrescible and nonputrescibie wastes
including, but not limited to, garbage, rubbish,
ashes, incinerator ash, incinerator residues,
street cleanings, market and industrial solid
wastes and sewage treatment wastes in dry or
semisolid form.
Rubbish: Nonputrescible solid waste consisting
of combustible and noncombustible wastes,
such as furniture, appliances, tires, building
materials or similar wastes.
Solid Waste: Garbage, refuse, rubbish, and
other similar discarded solid or semisolid
materials, including, but not limited to, such
materials resulting from industrial, commercial,
agricultural, and domestic activities. Solid waste
72
Special Session, March 2, 2006
includes vehicles. Solid waste does not include
toxic and hazardous wastes as defined by the
Iowa department of natural resources.
Yard Waste: Debris such as grass clippings,
ieaves, garden wastes, brush and trees as
defined by the iowa department of natural
resources. Yard waste does not include tree
stumps. (Ord. 54-93, ~ 1, 9-20-1993; Ord 19-97,
~ 1,3-4-1997, eff. 7-1-1997)
Section 2. This ordinance shall take effect on
the 3rd day of April, 2006.
Passed, approved and adopted this 2nd day of
March, 2006.
Roy D. Buo[, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 151h day of March, 2006.
Jeanne F. Schneider, City Clerk
11 3/15
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. Seconded by Lynch. Motion
carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 40-37 paragraphs
(a),(b), (c), and(e) establishing charges for the
collection and disposal of solid waste materials,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-06
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 40-37 PARA-
GRAPHS (a), (b), (c), and (e) ESTABLISHING
CHARGES FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-37, paragraphs (a), (b),
(c), and (e), of the City of Dubuque Code of
Ordinances are hereby amended to read as
follows:
Sec. 40-37. Charges-Amounts; Exceptionsl:
(a) Class I Premises: Except as qualified
below, a fee of nine dollars and forty six cents
($9.46) per dwelling unit per month shall be paid
to the city by the property owner of each class I
premises for such services. Said fee shall be in
payment for collection and disposal of one 35-
gallon can or one 35-gallon trash bag of "solid
waste" as defined in this chapter. There is no
limit on the number of bins allowed to be
collected containing acceptable "recyclable
materials" as defined in this chapter. Exceptions
to the collection charges for class I premises are
as follows:
(1) When a class [ premises has been
vacant for a period not less than three (3)
consecutive months, the owner may apply to the
city manager for a credit under procedures to be
established by the city manager. Such credit
shal[ continue only so long as the class I
premises is vacant.
(2) Class I premises when the head of the
household is sixty five (65) years of age or older
and has an annual income equal to or less than
the income standards used by HUD for its
"section eight (8) housing program" for one- and
two-person households may, upon application to
the city manager, be exempted from one-half
(1/2) the established collection charge. After the
initial application, annual application shall be
made by the head of household on July 1 of
each year to verify annual income and eligibility.
(3) In cases of extreme financial hardship, the
city manager, may and is hereby authorized and
empowered to, make adjustments in the monthly
collection charges as the city manager may
deem appropriate. In such cases, the city
manager shall have the authority to require such
proof of vacancy, financial status, age or
extreme hardship, as the city manager may
deem necessary.
(4) Class I premises when a family household
of five (5) or more persons has an annual
income equal to or less than the income
standards used by HUD for its "section eight (8)
housing program" for the size of that household
may, upon application to the city manager, be
exempted from one-half (1/2) the established
collection charge. After the initial application,
annual application shall be made by the head of
household on July 1 of each year to verify
annual income and eligibility.
(b) Class 11 Premises: A fee of nine dollars
and forty six cents ($9.46) per month shal[ be
paid to the city by the property owner of eaclh
class II premises for such services. Said fee
shall be in payment for col[ection and disposal of
one 35-gallon can or one 35-gallon trash bag of
"solid waste" as defined. There is no limit on the
number of bins allowed to be collected
containing acceptable "recyclabie materials" as
defined.
The owner of a class II premises served by the
city solid waste collection may provide the city
manager with not less than fourteen (14) days'
written notice of intent to temninate the service.
Such termination of service shall be effective at
the beginning of the next billing period after such
fourteen (14) day notice period.
(c) Class 111 Premises: A fee of nine dollars
and forty six cents ($9.46) per month shall be
paid to the city by the property owner of each
class III premises for such services. Said fee
shall be in payment for collection and disposal of
one 35-9allon can or one 35-gallon trash bag of
"solid waste" as defined. There is no limit on the
Special Session, March 2, 2006
73
number of bins allowed to be collected
containing acceptable "recyclable materials" as
defined.
The owner of a class III premises served by city
solid waste collection may provide the city
manager with not iess than fourteen (14) days'
written notice of intent to terminate the service.
Such tenmination of service shall be effective at
the beginning of the next billing period after such
fourteen (14) day notice period.
(d) Class I, II Or III Premises: Collection
options and charges under unit based pricing for
class I, II and III premises are as follows:
(1) A yearly subscription for weekly collection
of an additional standard solid waste container,
or containers, may be subscribed for an
additional five dollars ($5.00) each per month.
The subscription ends each year on June 30. A
subscription may not be canceled before June
30.
(2) A three (3) month subscription for weekly
collection of an additional standard solid waste
container, or containers, may be subscribed for
an additional five dollars ($5.00) each per
month. The four (4) subscription periods are
July, August and September; October,
November and December; January, February
and March; and, April, May and June. A
subscription may not be canceled.
(3) Oversize, nonstandard rigid solid waste
containers of up to fifty (50) gallons in capacity
may be subscribed as the one container covered
under the base monthly solid waste fee for an
additional two dollars ($2.00) per month. Such
containers shall be holders for standard trash
bags for manual removal by city crews, shall not
contain any loose material, and shall not be
lifted and dumped by crews. Individual trash
bags held in the oversized container shall weigh
no more than forty (40) pounds.
(4) A yearly subscription for weekly collection
of an additional oversized solid waste container,
or containers, may be subscribed for an
additionai seven dollars ($7.00) each per month.
The subscription ends each year on June 30. A
subscription may not be canceled before June
30.
(5) A three (3) month subscription for weekly
collection of an additional oversize solid waste
container, or containers, may be subscribed for
an additional .seven dollars ($7.00) each per
month. The four (4) subscription periods are
Juiy, August and September; October,
November and December; January, February
and March; and, April, May and June. A
subscription may not be canceled.
(6) Solid waste carts, owned by the city for
semi automated lifting, may be subscribed by
owners and/or property managers of dass I, II
and III premises. The customer shall choose the
number and size of the cart. The fee for a sixty-
five (65) gallon city cart shall be eighteen dollars
and fifty cents ($18.50) each per month. The
fee for a ninety-five (95) gallon city cart shall be
twenty seven dollars ($27.00) each per month.
(7) Official city of Dubuque single use
stickers costing one dollar and twenty cents
($1.20) shall be applied to each additional
standard solid waste container or small bulky or
bundled item in excess of the one standard solid
waste container collected under the base
monthly solid waste fee or any additional
subscribed container(s).
(8) Multiple-family dwellings of three (3), four
(4), five (5), and, six (6) dwelling units as well as
class II or class III premises sharing a common
set out iocation with other city solid waste
customers shall only use approved rigid solid
waste containers with permanent identification
as to the specific premises. However, for the two
(2) weeks following Christmas excess solid
waste may be set out in trash bags with applied
city of Dubuque single use stickers.
(e) Special Collection: The charge for a
special collection service for large and bulky
rubbish to each dwelling unit receiving such
service when requested by the owner shall be
as follows:
(1) A fee of seven dollars ($7.00) shall be
paid by the owner for each time the service is
provided for up to the equivalent of three (3)
cubic yards of solid waste.
(2) An additional fee of seven dollars ($7.00)
shall be paid for each additional three (3) cubic
yards of solid waste.
(3) An additional fee for tires, equal to the
disposal fees charged at the Dubuque Metro
landfill, shall be paid to the city by the owner for
each tire.
(4) An additional fee of twelve dollars and
fifty cents ($12.50) shall be paid to the city by
the owner for each appliance collected in the
service.
(5) An additional fee of ten dollars ($10.00)
shall be paid to the city by the owner for each
collection requested by the owner to be
scheduled for service on a day not receiving
weekly collection at the service address.
(6.) An additional fee of ten dollars ($10.00)
shall be paid to the city by the owner for each
collection requested by the owner to be
scheduled for immediate service or whenever
crews are sent back to the service address to
collect items that were not properly set out on
time as previously scheduled.
Section 2. This ordinance shall take effect on
the 1 st day of July, 2006.
Passed, approved and adopted this 2nd day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of March, 2006.
Jeanne F. Schneider, City Clerk
74
Special Session, March 2, 2006
11 3/15
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Councii Meetings prior to
the meeting at which it is to be finally passed be
suspended. Seconded by Lynch. Motion
carried 7-0. Michalski moved final consideration
and passage of the Ordinance. Seconded by
Lynch. Motion carried 7-0.
An Ordinance amending the City of Dubuque
Code of Ordinances Section 40-39 by amending
paragraph (b), adding a new paragraph (e) and
renumbering former paragraph (e) as paragraph
(I), establishing rules and charges for the
collection and disposal of food scraps and other
household compostable materials with yard
waste materials, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 22-06
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 40-39 BY
AMENDING PARAGRAPH (b), ADDING A
NEW PARAGRAPH (e), AND RENUMBERING
FORMER PARAGRAPH (e) AS PARAGRAPH
(f), ESTABLISHING RULES AND CHARGES
FOR THE COLLECTION AND DISPOSAL OF
FOOD SCRAPS AND OTHER HOUSEHOLD
COMPOSTABLE MATERIALS WITH YARD
WASTE MATERIALS.
NOW, THEREFORE, BE IT ORDAINED BY
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA;
Section 1. Section 40-39 (b) of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows;
Sec. 40-39. Yard Waste And Food Scraps;
(a) Yard waste shall be separated by the
owner of a premises from all other solid waste.
(b) An owner may compost such person's own
yard waste' and food scraps on such person's
own premises provided the same is stored in
such a manner as to not create a fire, health or
safety hazard.
(c) Yard waste that has not been composted
by the owner of the premises shall be collected
by the city not more than once each week
according to the collection schedule established
by the city manager from April through
November each year: Christmas trees shall be
collected separately from all other solid waste
once each week for two (2) weeks after the
Christmas holiday according to the provisions of
this chapter.
(d) Yard waste collected by the city shall be
placed in degradable paper bags with an affixed
single use tag or in permanent waste containers
with an affixed single use tag or in permanent
waste containers with an affixed annual yard
waste permit or be contained by tying devices
approved by the city manager. The charges for
collection and disposal of "yard waste" as
defined shall be as follows;
(1) The fee for tying devices approved by the
city manager shall be one dollar and 20 cents
($1.20) each.
(2) The fee paid to the city by a property
owner for an annual yard waste permit for a
permanent waste container shall be twenty six
dollars ($26.00) each through June 30 of each
year. The fee shall be reduced by one-half (112)
on July 1 of each year, and again by one-half
(1/2) on September 1 of each year. A permit
shall only be used by the property owner who
purchased it.
(3) The fee for single use tags shall be one
dollar and twenty cents ($1.20) each.
Section 2. The following new Section is hereby
adopted;
(e) Subscribers to the food scrap collection
pilot program, commencing April 3, 2006, and
ending November 30, 2007, shall set out city-
owned carts containing food scraps and other
compostable materials.
(1) Such carts shall be co-collected with yard
waste from April through November.
(2) Such carts shall be set out with attached
annual yard waste permits or single use tags as
approved by the city manager.
(3) Such carts shall be set out weekly to
reduce potential nuisance concems. Failure to
use, store or set out the cart properly shall
cause the subscription to be terminated.
Section 3. Section 40-39 (e) is renumbered
and adopted as follows;
(I) No person shall deposit any yard waste or
food scraps in any public right of way. (Ord. 54-
93, S 1, 9-20-1993; Ord. 16-95, S 1, 3-8-1995;
Ord. 16-96, S 1, 3-18-1996; Ord. 14-02, S 3, 3-5-
2002)
Section 4. This ordinance shall take effect on
the 3rd day of April, 2006.
Passed, approved and adopted this 2nd day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of March, 2006.
Attest: Jeanne F. Schneider, City Clerk
1t 3/15
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. Seconded by Lynch. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 7-0.
An Ordinance amending the City of Dubuque
Code of Ordinances Section 440274(d) SFJ
Rate, Charges, Utility Revenues for the
Stormwater Utility, presented and read.
Special Session, March 2, 2006
75
OFFICIAL PUBLICATION
ORDINANCE NO. 23-06
AMENDING CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 44-247(d) SFU
RATE, CHARGES, UTILITY REVENUES.
NOW, THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That City of Dubuque Code of
Ordinances Section 44-274(d) is amended to
read as follows:
(d) The SFU rate to be applied to residential
and nonresidential properties shall be as follows:
(1) For the period July 1. 2006 through
June 30, 2007 the SFU rate shall be $2.25 per
SFU;
(2) For the period July 1. 2007 through
June 30, 2008 the SFU rate shall be $3.25 per
SFU;
(3) For the period July 1, 2008 through
June 30. 2009 the SFU rate shall be $4.00 per
SFU;
(4) For the period July 1, 2009 through
June 30. 2010 the SFU rate shall be $4.25 per
SFU;
(5) For the period July 1, 2010 through
June 30. 2011 the SFU rate shall be $4.25 per
SFU;
(6) For the period July 1, 2011 through
June 30, 2033 the SFU rate shall be $5.00 per
SFU.
Passed, approved and adopted this 2nd day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of March, 2006.
Jeanne F. Schneider, City Clerk
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. Seconded by Lynch. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 7-0.
An Ordinance Amending Section 32-314 of the
City of Dubuque Code of Ordinances - Meters -
Time and Fee Schedules for Specific Lots,
presented and. read.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-06
AMENDING SECTION 32-314 OF THE CITY
OF DUBUQUE CODE OF ORDINANCES
METERS - TIME AND FEE SCHEDULES FOR
SPECIFIC LOTS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 32-314 of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Section 32-314. Meters-Time and Fee
Schedule for Specific Lots:
Parking meters on municipally owned parking
lots, when installed and properly operated, shall
show legal parking upon and after the deposit of
United States coins. and in the nonmetered
parking lots, parking spaces shall be reserved in
accordance with the following schedules:
(1) On parking lots no. 1, 2, 3, 5, 6, 7 and 10 the
amount of fee shall be displayed on each
parking meter and shall indicate the period of
time allowed for the particular United States coin
deposit after meter has been placed in
operation. The maximum parking time allowed
shall be indicated on the parking meter assigned
to the meter space to which it applies.
(2) On parking lot no. 3, reserved parking for
each space for the sixteen (16) parking spaces
for which parking meters have not been installed
shall be rented through lease and agreement
approved by city council.
(3) On parking lot no. 5, reserved parking for
each space for which a parking meter has not
been installed shall be reserved by the city for
assignment by the city manager for purposes of
carrying out the business of city government.
(4) On parking lot no. 10, reserved parking for
nonmetered spaces shall be between the hours
of six o'clock (6:00) A.M. and six o'clock (6:00)
P.M. dally excluding Saturdays, Sundays and
holidays at a monthly rate of thirty-seven
($37.00), payable each month.
(5) On parking lot no. 12, reserved parking for
nonmetered spaces shall be between the hours
of six o'ciock (6:00) AM. and six o'clock (6:00)
P.M. daily, excluding Saturdays, Sundays and
holidays at a monthly rate of twenty five dollars
($25.00), payable each month.
(6) On parking lot no. 2, reserved parking for
each space for the thirty (30) parking spaces for
which parking meters have not been installed
shall be rented through a lease agreement
approved by city council. Reserved parking for
nonmetered spaces shall be between the hours
of six o'clock (6:00) AM. and six o'clock (6:00)
P.M. daily, excluding Saturdays, Sundays and
holidays at a monthly rate of twenty seven
dollars ($27.00), payable each month.
(7) On parking lot no. 1, reserved parking for
each space for the thirty (30) parking spaces for
which parking meters have not been Installed
shall be rented through a lease agreement
approved by city council. Reserved parking for
nonmetered spaces shall be between the hours
of six o'clock (6:00) AM. and six o'clock (6:00)
P.M. daily, excluding Saturdays, Sundays and
holidays at a monthly rate of twenty seven
dollars ($27.00), payable each month.
76
Special Session, March 2, 2006
Notice of such restrictions, as provided for in this
section, shall be displayed at each lot. The
owner or operator of any vehicle who shall
receive notice either personally or by the
attaching of such notice to said vehicle If said
vehicle is parked in violation of this section shall,
when such notice is served upon such owner or
operator or attached to said vehicle, pay to the
city treasurer as a penalty for such violation the
sum of seven dollars ($7.00).
In addition the foregoing, the City Manager is
authorized to establish fees and charges for the
rental of city parking lots or areas for special
events.
Section 2. This ordinance shall take effect on
July 1, 2006.
Passed, approved and adopted this 2'd day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially .in the Telegraph Herald
newspaper this 15th day of March, 2006.
Jeanne F. Schneider, City Clerk
113/15
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. Seconded by Lynch. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances by adding Section 32-306
Establishing Special Use Fees for the Municipal
Parking Garages, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO, 25-06
ADDING SECTION 32-306 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
ESTABLISHING SPECIAL USE FEES FOR
THE MUNICIPAL PARKING GARAGES
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 32 of City of Dubuque
Code of Ordinances is hereby amended by
adding the following new section:
Section 32-306 Establishing Special Use Fees
for Municipal Parking Garages:
The City Manager is authorized to establish
fees and charges for the rental of municipal
parking garages for special events.
Section 2. This ordinance shall take effect
July 1, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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. Seconded by Lynch. Motion carried
7-0. Michalski moved final consideration and
passage of the Ordinance. Seconded by Lynch.
Motion carried 7-0.
Michalski expressed regret that the decision
packages regarding youth activities in the
Recreation Division budget could not be funded
and requested they be looked at again during
the next budget process.
Braig spoke stressing that additional staffing
requests by the various departments were
important and that this would be one of her
priorities in future years.
Cline expressed appreciation to the Budget
Director and City Manager for their response to
her questions regarding funding of overtime
versus additional staff.
Buol thanked City Manager Van Milligen,
Budget Director Dawn Lang, and the department
heads for another outstanding year.
There being no further business, Cline moved
to adjourn. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 6:51 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
113/13
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk
Regular Session, March 6, 2006
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, March 6, 2006
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Buoi, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski,
Assistant City Manager Steinhauser, City
Attorney Lindahl
Mayor Buol read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
properly come before the City Council.
Invocation was given by Reverend Joan Haug,
Chaplain of Mercy Health Center
Prociamation: Mental Retardation Awareness
Month (March 2006) received by Julie Jordahl of
ARC Advocates
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 2/14, 2120, 2121, and 2/23; Housing
Commission Trust Fund Committee of 6123;
Park and Recreation Commission of 2/14;
Zoning Board of Adjustment of 2123, presented
and read. Connors moved that the minutes be
received and filed. Seconded by Cline. Motion
carried 7-0.
Proofs of publication of City Council
Proceedings of February 6 and February 7,
2006 and List of Claims and Summary of
Revenues for month ending January 31, 2006,
presented and read. Connors moved that the
proofs be received and filed. Seconded by Cline.
Motion carried 7-0.
Notice of Claims/Suits: Tina Marie Hessel vs
City of Dubuque, et ai, presented and read.
Connors moved that the communication be
received and filed and referred to the City
Attorney for investigation/report. Seconded by
Cline. Motion carried 7-0.
City Attorney recommending settlement of
the claim of Randy Seay for property damage
and directing the Finance Department to issue
payment, presented and read. Connors moved
that the communication be received and filed
and concurred and Finance Department to issue
payment. Seconded by Cline. Motion carried 7-
O.
77
Iowa State University - Dubuque County
Extension: Nancy Everman, County Extension
Education Director, submitting the annuai
Stakeholders Report for Dubuque County,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
U.S. Conference of Mayors: City Manager
recommending approval of funding for the City
of Dubuque to participate in the U.S. Conference
of Mayors beginning in Fiscal Year 2006,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Legislative Correspondence:
City Manager correspondence to area
legisiators urging a "no" vote on HSB 697 and
SSB 3179 - Deferred Retirement Option Plan
(DROP), presented and read. Connors moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
City Manager correspondence to members of
the State Senate Judiciary Committee, Ways
and Means Committee, Local Government
Committee and local legislators encouraging
their opposition to HF 2351 regarding changes
to the requirements when a city is considertng
the use of eminent domain, presented and read.
Connors moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
City Manager correspondence to local State
Representatives advising that he has written to
members of the State Senate encouraging
opposition to HF 2351 regarding eminent
domain and City Manager correspondence to
local legislators encouraging their opposition to
HF 2321 (HF 2351) regarding changes to the
requirements when a city is considering the use
of eminent domain, presented and read.
Connors moved that the communications be
received and filed. Seconded by Cline. Motion
carried 7-0.
City Manager correspondence to
Representatives Pam Jochum, Pat Murphy, Rick
Olson and Walt Tomenga thanking them for their
eflorts and vote to oppose HF 2351 regarding
the use of eminent domain, presented and read.
Connors moved that the communications be
received and filed. Seconded by Cline. Motion
carried 7-0.
City Manager correspondence to local
legislators urging support for HSB 530 regardin9
the use of withhoiding tax credits for job creation
in urban renewal districts, presented and read.
Connors moved that the communications be
received and filed. Seconded by Cline. Motion
carried 7-0.
78
Regular Session, March 6, 2006
City Manager correspondence to local
legislators encouraging them to support an
amendment to Iowa Code 9364.2 to clarify a
city's authority to charge a franchise fee to a
utility based on the gross revenue from the sale
of the utility's product, presented and read.
Connors moved that the communications be
received and filed. Seconded by Cline. Motion
carried 7-0.
City Manager correspondence to Senators
Mike Connolly, Tom Hancock, and Roger
Stewart encouraging them to oppose SSB 3146
that establishes a State Communication
Franchise which would, as proposed, eliminate
all existing municipal franchise agreements and
replace them with a State Franchise Agreement,
presented and read. Connors moved that the
communications be received and filed.
Seconded by Cline. Motion carried 7-0.
City Manager correspondence to
Representatives Pam Jochum, Pat Murphy,
Thomas Schueller, Steve Lukan, and Ray
Zirkelbach urging them to oppose HSB 670,
which establishes a State Communication
Franchise which would, as proposed, eliminate
all existing municipal franchise agreements and
replace them with a State Franchise Agreement,
presented and read. Connors moved that the
communicatiOns be received and filed.
Seconded by Cline. Motion carried 7-0.
University Avenue Embankment Stabilization
Project: City Manager recommending approval
to hire IIW Engineers & Surveyors, P.C. to
complete the engineering design services for the
University Avenue Embankment Stabilization
Project in an amount not to exceed $13,900,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
University Avenue Culvert Extension/Sanitary
Sewer Reconstruction Project: City Manager
recommending approval to hire IIW Engineers
for design services associated with the
University Avenue Culvert Extension and
Sanitary Sewer Reconstruction projects,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Upper Catfish Creek Watershed Project: City
Manager recommending approval of a letter of
support for the Dubuque County Soil and Water
Conservation District grant application to fund
the Upper Catfish Creek Watershed Project,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Bergfeld Recreation Area Development
Project: City Manager recommending
acceptance of the Bergfeld Recreation Area
Development Project as completed by Drew
Cook & Sons Excavating in the final contract
amount of $506,512.99, presented and read.
Connors moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 67-06
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Bergfeld
Recreation Area Development 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, pians and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resoiution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 68-06
FINAL ESTIMATE
WHEREAS, the contract for the Bergfeld
Recreation Area Development Project has been
completed and the Engineer has submitted his
final estimate showing the cost thereof including
the cost of estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $506,512.99, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Golf Cart Lease Agreement: City Manager
recommending approval of a five-year lease
Regular Session, March 6, 2006
79
agreement with Dubuque Bank and Trust
Company, the leasing agent for Harris Golf
Cars, for fifty golf cars for the Bunker Hill Golf
Course, presented and read. Michalski moved
that the communication be received and filed
and approved recommendation. Seconded by
Braig. Motion carried 7-0.
Bunker Hill Golf Course Management
Agreement: City Manager recommending
approval of a management agreement with
G.M.S" Inc. (George Stephenson) for the
Bunker Hill Golf Course for the period beginning
March 1, 2006 through November 30, 2006,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Five Flags HVAC Phase II Project: City
Manager recommending acceptance of the Five
Flags HVAC Phase II Project as completed by
Geisler Brothers Company in the final contract
amount of $119,588.05, presented and read.
Connors moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 69-06
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Five Flags
Center HVAC, Phase II 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:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 6th day of
March, 2006. .
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 70-06
FINAL ESTIMATE
WHEREAS, the contract for the Five Flags
Center HVAC Phase II Project has been
completed and the Engineer has submitted his
final estimate showing the cost thereof including
the cost of estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $119,588.05, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Five Flags Center Renovation Project: City
Manager recommending acceptance of the Five
Flags Center Renovation Project as completed
by Conlon Construction Company In the final
contract amount of $1,694,578.48, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 71-06
ACCEPTING IMPROVEMENT
Whereas, the contract for the Five Flags
Center Renovation Project has been completed
and the City Manager has examined the work
and filed his certificate stating that the same has
been compieted according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE. BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 72-06
FINAL ESTIMATE
Whereas, the contract for the Five Flags
Center Renovation Project has been completed
and the Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs;
80
Regular Session, March 6, 2006
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 ,694,578.48, and
the said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Swimming Pool Concession Agreement: City
Manager recommending approval of a
concession agreement with Choo Choo
Charlie's to operate the concession stands at
Flora and Sutton swimming pools, presented
and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
2006 Sidewalk Inspection Program: City
Manager recommending approval of a
modification to the Sidewalk Inspection Program
allowing a 50 percent permit fee reduction if the
sidewalk repair Is completed prior to the initial
30-day deadline, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Cline. Motion carried 7-0.
Stormwater Facilities Fee Agreement: City
Manager recommending approval of a proposed
Stormwater Facilities Fee Agreement with the
development group of The Finley Hospital,
Hartig Drug and Dubuque Bank and Trust to
provide detention basin services for the
development at University Avenue and North
Grandview Avenue, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Cline. Motion
carried 7-0.
West 32nd Street Detention Basin: City
Manager recommending approval to establish
the fair market value of a property located at 655
Gillespie Street for purchase of the property for
expansion of the West 32nd Street Detention
Basin, presented and read. Connors moved that
the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 73-06
ESTABLISHING THE FAIR MARKET VALUE
OF REAL PROPERTY OWNED BY GARY A.
ANDERSON LOCATED AT 655 GILLESPIE
STREET IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque (City) intends
to acquire certain properties located in the area
adjacent to the West 32nd Street detention
basin for purposes of storm water mitigation
activities as recommended in the 2001 HDR
"Drainage Basin Master Plan;" and
WHEREAS, the City intends to purchase real
property owned by Gary A Anderson legally
, described as:
Lot 2-1-8 Gillespies Subdivision, in the City of
Dubuque, County of Dubuque, Iowa, (the
Property) according to the recorded plat thereof;
and
WHEREAS, Iowa iaw requires City to make a
good faith effort to negotiate with an owner to
purchase an interest in real property before
proceeding with acquisition by eminent domain;
and
WHEREAS, City may not make an offer to
purchase an interest in property which is less
than the fair market value the City has
established for the property; and
WHEREAS, the City has caused an appraisal
of the Property to be made and the appraised
value of the Property is One Hundred and Fifty
Thousand Dollars ($150,000); and
WHEREAS, the City Council now desires to
establish the fair market value of the Property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the
Property is One Hundred and Fifty Thousand
Dollars ($150 000).
Section 2. The City Manager and Corporation
Counsel are hereby authorized to commence
negotiations with the owner for purchase of the
Property at a price not less than the fair market
value established by this resolution.
Passed, adopted and approved this 6th day of
March, 2006.
Roy 0 Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Washington Neighborihood Park: City Manager
recommending approval of the acquisition of
three properties in the Washington Street
neighborhood for the purpose of developing a
park at the intersection of 18th Street and
Washington Street, presented and read.
Connors moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 74-06
A RESOLUTION APPROVING THE
ACQUISITION OF THREE PARCELS OF
REAL ESTATE, LOCATED AT THE NORTH-
WEST CORNER OF THE INTERSECTION OF
18TH AND WASHINGTON STREETS, AT 1837
Regular Session, March 6, 2006
81
WASHINGTON STREET AND AT 1839
WASHINGTON STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque supports the
efforts of the Washington Neighborhood
Association in activities to improve the quality of
life in this area; and
WHEREAS, the Association has expressed a
priority for development of a neighborhood park
to be located within the boundaries of the
Washington Neighborhood for the purpose of a
play area for younger children.
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:
Lot 92 in East Dubuque Addition in the City of
Dubuque, Iowa, according to the recorded plat
thereof.
At the cost of Fifty thousand dollars ($50 000).
Section 2. That the City of Dubuque hereby
approves the acquisition of the following legally-
described property:
South one-half (112) of Lot 93 in East Dubuque
Addition in the City of Dubuque, Iowa, according
to the recorded plat thereof.
At the cost of Fifty-five thousand dollars ($55
000).
Section 3. That the City of Dubuque hereby
approves the acquisition of the following legally-
described property:
North one-half (112) of Lot 93 in East Dubuque
Addition in the City of Dubuque, Iowa, according
to the recorded plat thereof.
At the cost of Fifty-nine thousand dollars ($59
000).
Section 4. That the City of Dubuque be and is
hereby authorized to accept a Quit Clam Deed
from the owners, conveying the owners' interest
to the City of Dubuque, Iowa for the herein-
described real estate.
Section 5. 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 6. 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 6th day of
March, 2006.
Roy D Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
U.S. Department of Housing and Urban
Development: Communication from the U.S.
Department of Housing and Urban Development
advising that they are in receipt of the City's third
amendment to the Fiscal Year 2006 Community
Development Block Grant Annual Action Plan,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Dakota, Minnesota and Eastern Railroad
Corporation: City Manager correspondence to
the City's federal legislators regarding the plans
of the Dakota, Minnesota and Eastern Railroad
Corporation to extend their rail line, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Voiuntary Annexation Requests:
Communications from Gary and Mary Beth
Valentine and Martin J. McNamer, North
Cascade Road Developers, L.L.C., requesting
voluntary annexation into the City of Dubuque,
presented and read. Connors moved that the
communications be received and fiied and
referred to the City Manager. Seconded by
Cline. Motion carried 7-0.
Transient Boat Dock Contract: City Manager
recommending approval of a contract with
Abonmarche Group to complete engineering
design services for the Port of Dubuque - Ice
Harbor Transient Boat Dock Facility Project in
the amount of $24,000, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Cline. Motion
carried 7-0.
Sam's Club Escrow Agreement: City Manager
recommending approval of an Escrow
Agreement with Wal-Mart related to the required
street improvements for the Sam's Club
development at the Northwest Arterial and
Asbury Road, presented and read. Connors
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 75-06
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:
82
Regular Session, March 6, 2006
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Dubuque Discount Gas, inc Dubuque Discount
Gas+(Sunday Sale) 4110 Dodge St
Passed, approved and adopted this 6th day
of, March 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 76-06
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 compiy
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 "CO BEER/LIQUOR LICENSE
DUbuque Order of Eagles Eagles Club+
(Sunday Sale) 1175 Century Dr
Lana LuGrain PJ's+
(Sunday Sale) 500 Rhomberg Ave
Rafters, Inc. Rafters+
(Sunday/Outdoor Sale) 2728 Asbury Rd
Yardarm Inc Yardarm
Bar+(Sunday/Outdoor Sale) 1201 Shiras Exten.
Passed, approved and adopted this 6th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 77-06
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 "CO BEER/LIQUOR LICENSE
Marsha M. Saunders Water Hole+
(Outdoor Sale) 1046 Central Avenue
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
General Obligation Bonds - Stormwater
Projects: City Manager recommending that a
public hearing be set for March 20, 2006 to
consider issuing $2,900,000 in General
Obligation Bonds to support storrnwater
projects, presented and read. Cline moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 78-06
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $2,900,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL
CORPORATE PURPOSES) 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 General Obligation Bonds to the amount of
not to exceed $2,900,000, as authorized by
Section 384.25, of the City Code of Iowa, for the
purpose of providing funds to pay costs of
carrying out essential corporate purpose
projects as hereinafter described; and
WHEREAS, before said Bonds may be issued,
it is necessary to comply with the provisions of
said Code, and to publish a notice of the
proposal to issue such Bonds and of the time
and place of the meeting at which the Council
proposes to take action for the issuance of the
Bonds 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 March, 2006, for the purpose of
taking action on the matter of the issuance of not
to exceed $2,900,000 General Obligation Bonds
for essential corporate purposes of said City, the
proceeds of which Bonds will be used to provide
funds to pay costs of the acquisition,
construction and installation of stormwater and
storm sewer utility facilities and improvements,
including the 32nd Street Detention Basin
construction, Bee Branch land acquisition, North
Fork Catfish Creek Ditch and Culvert
Regular Session, March 6, 2006
83
construction, and other storm sewer, stream
bank and detention basin improvements.
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 Bonds.
Section 3. The notice of the proposed action
to issue said Bonds 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
NOT TO EXCEED $2,900,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL
CORPORATE PURPOSES) 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 March, 2006,
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 not to
exceed $2,900,000 General Obligation Bonds
for essential corporate purposes of said City, in
order to provide funds to pay costs of the
acquisition, construction and installation of
stormwater and storm sewer utility facilities and
improvements, including the 32nd Street
Detention Basin construction, Bee Branch land
acquisition, North Fork Catfsh Creek Ditch and
Cuivert construction, and other stonm sewer,
stream bank and detention basin improvements.
At the above meeting the Council shall receive
oral or written objections from any resident or
property owner of said Cily, 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 Bonds or will abandon
the proposal to issue said Bonds.
This notice is given by order of the Council of
Dubuque, Iowa, as provided by Section 384.25
of the City Code of Iowa.
Dated this 6th day of March, 2006.
/s/ Jeanne F. Schneider
City Clerk of Dubuque, Iowa
(End of Notice)
PASSED AND APPROVED this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 3/20/06 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.
General Obligation Urban Renewal Bonds -
Parking Ramp Restoration Projects: City
Manager recommending that a public hearing be
set for March 20, 2006 to consider issuing
$910,000 in General Obligation Urban Renewal
Bonds to support restoration projects at the
Locust Street and Iowa Street Parking Ramps,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 79.06
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $910,000 GENERAL
OBLIGATION URBAN RENEWAL BONDS 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 General Obligation Urban Renewal Bonds
to the amount of not to exceed $910,000, as
authorized by Section 403.12 of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out the urban renewal projects
as hereinafter described; and
WHEREAS, before said Bonds may be issued,
it is necessary to comply with the provisions of
said Code, and to publish a notice of the
proposal to issue such Bonds and of the time
and place of the meeting at which the Council
proposes to take action for the issuance of the
Bonds and the right to petition for an election
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, Carne9ie-Stout Public Library,
Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th
day of March, 2006, for the purpose of taking
action on the matter of the issuance of not to
exceed $910,000 General Obligation Urban
Renewal Bonds for urban renewal project
purposes of said Cily, the proceeds of which
Bonds 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 Renewal District,
including those costs associated with the
construction of improvements to the Iowa Street
and Locust Street publiC parking ramp facilities.
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,
84
Regular Session, March 6, 2006
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 ten clear days before the
date of said public meeting on the issuance of
said Bonds.
Section 3. The notice of the proposed action
to issue said Bonds 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
NOT TO EXCEED $910,000 GENERAL
OBLIGATION URBAN RENEWAL BONDS 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 March, 2006,
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 not to
exceed $910,000 General Obligation Urban
Renewal Bonds for urban renewal project
purposes of said City, in order to provide funds
to pay costs of aiding in the planning,
undertaking and canrying 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 those costs associated with
the construction of improvements to the Iowa
Street and Locust Street public parking ramp
facilities.
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 Bonds or will abandon
the proposal to issue said Bonds.
At any time before the date of said meeting, a
petition, asking that the question of issuing such
Bonds be submitted to the legal voters of said
City, may be filed with the Clerk of said City in
the manner provided by Section 362.4 of the
Code of Iowa, pursuant to the provisions of
Sections 403.12 and 384.24(3)(q) of the Code of
Iowa. -
This notice is given by order of the Council of
Dubuque, Iowa, as provided by Sections 403.12
and 384.24(3)(q) of the City Code of Iowa.
Dated this 6th day of March, 2006.
/s/ Jeanne F. Schneider
City Clerk of Dubuque, Iowa
(End of Notice)
PASSED AND APPROVED this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 3/20/06 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.
Refunding of General Obligation Bonds: City
Manager recommending that a publiC hearing be
set for March 20, 2006 to consider issuing
$3,730,000 in General Obligation Bonds to
refund the outstanding balance on 2000 Series
Band C bonds, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 80-06
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $3,730,000 GENERAL
OBLIGATION REFUNDING BONDS (FORAN
ESSENTIAL CORPORATE PURPOSE) 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 General Obligation Refunding Bonds to
the amount of not to exceed $3,730,000, as
authorized by Section 384.25 of the City Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out an essential corporate
purpose project as hereinafter described; and
WHEREAS, before said Bonds may be issued,
it is necessary to comply with the provisions of
said Code, and to publish a notice of the
proposal to issue such Bonds and of the time
and place of the meeting at which the Council
proposes to take action for the issuance of the
bonds 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, Camegie-Stout Public Library,
Dubuque, iowa, at 6:30 o'clock P.M., on the
20th day of March, 2006, for the purpose of
taking action on the matter of the issuance of not
to exceed $3,730,000 General Obligation
Refunding Bonds for an essential corporate
purpose of said City, the proceeds of which
bonds will be used to provide funds to pay costs
of refunding and refinancing of outstanding City
indebtedness, consisting of the General
Obligation Bonds, Series 2000B, dated June 1,
2000, and the General Obligation Bonds, Series
2000C, dated November 1, 2000.
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,
Regular Session, March 6, 2006
85
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 Bonds.
Section 3. The notice of the proposed action
to issue said Bonds 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
NOT TO EXCEED $3,730,000 GENERAL
OBLIGATION REFUNDING BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) 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 March, 2006,
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 not to
exceed $3,730,000 General Obligation
Refunding Bonds for an essential corporate
purpose of said City, in order to provide funds to
pay costs of refunding and refinancing of
outstanding City indebtedness, consisting of the
General Obligation Bonds, Series 2000B, dated
June 1, 2000, and the General Obligation
Bonds, Series 2000C, dated November 1,2000.
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 Bonds or will abandon
the proposal to issue said Bonds.
This notice is given by order of the Council of
Dubuque, Iowa, as provided by Section 384.25
of the City Code of Iowa.
Dated this 61h day of March, 2006.
/s/ Jeanne F. Schneider
City Clerk of Dubuque, Iowa
(End of Notice)
PASSED AND APPROVED this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set for public hearing on 3/20/06 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.
Bonson Road Reconstruction Project: City
Manager recommending initiation of the publiC
bidding process for the Bonson Road
Reconstruction Project and setting a publiC
hearing for April 3, 2006, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 81-06
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed pians, specifications, form
of contract and estimated cost for the Bonson
Road Reconstruction Project in the estimated
amount of $651,702.70 are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 61h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 82-06
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 Bonson Road Reconstruction 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 3'"
day of April, 2006, 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 pians, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 83-06
RESOLUTION OF NECESSITY
86
Regular Session, March 6, 2006
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
Bonson Road Reconstruction 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 phvately 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 the Fiscal Year 2007
Street Construction Program, Watermain
Replacement Program, Street Program Related
Sanitary Sewer Improvements, Fiber Optic
Conduit - Paving Projects, and special
assessment bonds may be issued in anticipation
of deferred payments of special assessments
when a contract has been perfonned 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 6'h day of March, 2006.
Approved and placed on file for final action.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 84-06
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the CRy Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and fonn of contract and placed same on file in
the office of the City Clerk for public inspection
for the Bonson Road Reconstruction 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 3"' day of Aphl, 2006, a public
hearing will be held at 6:30 p.m. in the Pubiic
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 Resoiution of
Necessity and the City Clerk be and is hereby
authorized and directed to cause a notice of time
and place of such heahng 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 phor 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
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set publiC heahng for April 3, 2006 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. 85-06
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheet(s), Page 1 to Page 1
inclusive, are hereby detennined to be the
schedule of proposed assessments for the
Bonson Road Reconstruction Project and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 6th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Regular Session, March 6, 2006
87
RESOLUTION NO. 86-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Bonson Road Reconstruction 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 pubiished
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 11th day of April, 200S. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
S:30 p.m. on the 17'h day of April, 200S.
Passed, adopted and approved this S'" day of
March, 200S.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Former Water Department and Stea~h Racing
- Building Demolition Project: City Manager
recommending initiation of the public bidding
process for the Former Water Department and
Stealth Racing - Building Demolition Project and
setting a public hearing for April 3, 200S,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 87-06
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 Former
Water Department and Stealth Racing - Building
Demolition and Site Clearance Project in the
estimated amount of $SO,OOO.OO are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this Sth day of
March, 200S.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 88-06
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 Former Water Department and Stealth
Racing - Building Demolition and Site Clearance
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 3'"
day of April, 2006, at S: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 Sth day of
March,200S.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution
and set the publiC hearing for 4/3/06 at a
meeting to commence at S:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law,
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 89-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Former Water Department and
Stealth Racing - Building Demolition and Site
Clearance 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
88
Regular Session, March 6, 2006
prior to the receipt of said bids at 2:00 p.m. on
the 23" day of March, 2006. Bids shall be
opened and read by the City Cierk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 3" day of Aprilh 2006.
Passed, adopted and approved this 6' day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Custer Street / Allison Henderson Sewer and
Detention Basin Project: City Manager
recommending initiation of the public bidding
process for the Custer Street / Allison
Henderson Sewer and Detention Basin Project
and setting a public hearing for April 3, 2006,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 90-06
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
Custer/Allison-Henderson Sewer and Detention
Basin Project in the estimated amount of
$252,450.00 are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 61h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 91-06
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approvai on the proposed plans, specifications,
and form of contract and pi aced same on file in
the office of the City Clerk for public inspection
of the Custer/Allison-Henderson Sewer and
Detention Basin 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 3"
day of April, 2006, 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 6'h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 4/3/06 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, 92-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Custer/Allison-Henderson Sewer and
Detention Basin 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 23" day of March, 2006. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p,m. on the 3" day of Aprilh 2006.
Passed, adopted and approved this 6' day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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
Boards/Commissions:
Community Development Advisory Com-
mission (One At-Large position [Wainwright]
through 2/15/09 and one Low/Moderate Income
position [isenhart] through 2/15/09)
Regular Session, March 6, 2006
89
Applicants for At-Large Position: R.J. Sullivan,
Thomas C. Wainwright
Applicant for Low/Moderate Position: Hillary
A. Stubben
Ms. Stubben spoke requesting consideration
for appointment.
Electrical Code Board (One Journeyman /
Maintenance position [Pfohl] through 5/21/08,
one At-Large position [Pregler] through 5/21/08,
and two Electrical Background positions [new]
through 5/21/09) Applicants: Bob Schmidt,
Paul J. Uhirich Mr. Uhlrich spoke requesting
consideration for appointment.
TV Cable Teleprogramming Commission (one
vacant term through 6130/06 and one vacant
term through 6/30/07) Applicant: Burton Everist
ACTION ITEMS
River Pointe Development, LLC - Request to
Rezone (First Reading on February 20.2006):
George Murphy, River Pointe Development,
LLC, submitting a revised design for the
development, presented and read. Connors
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
Communication from Sister Margaret Ann
Willging regarding the River Pointe Development
project, presented and read. Connors moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Communication from Robin M. Kennicker
regarding the River Pointe Development project,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Steve Juergens, representing River Pointe,
LLC, reviewed the three architectural renderings
that had been submitted to the City Council and
stated that the final design has not been
determined. Council discussed various aspects
of the development including the soil borings
that had been performed, stability of the bluff
face, erosion control and the type of materials
that would be used on the buildings.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances. by reclassifying property located
at 600 Mazzuchelli Drive from R-2 Residential
District to PUD Planned Unit Development
District with a Planned Residential designation,
said Ordinance having been presented and read
at the Council Meeting of February 20, 2006,
now presented for further action. Connors
moved that this be considered the second
reading of the Ordinance. Seconded by
Michalski. Motion carried 7-0.
Storage Container Ordinance (First Reading
on February 6, 2006 and Second Reading on
February 20, 2006)
City Manager submitting a revised scheduie of
fees for exterior storage containers to be
implemented should the ordinance be passed,
presented and read.
Steward Sandstrom, President of the Dubuque
Area Chamber of Commerce, spoke objecting to
the Ordinance and its fee schedule and
requested Council use this last chance to make
a right decision for Dubuque.
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 and Storage
Trailers establishing requirements for the use of
exterior storage containers and storage trailers,
said Ordinance having been presented and read
on 2/6/06 and 2/20/06, now presented for further
action.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-06
AMENDING CHAPTER 11 BUILDING AND
BUILDING REGULATIONS OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
ADOPTING A NEW ARTICLE VII. EXTERIOR
STORAGE CONTAINERS AND STORAGE
TRAILERS ESTABLISHING REQUIREMENTS
FOR THE USE OF EXTERIOR STORAGE
CONTAINERS AND STORAGE TRAILERS.
WHEREAS, the City Council of the City of
Dubuque finds that storage containers and
storage trailers used for the exterior storage of
materials, inventory or equipment may constitute
an eyesore to the communrty when not properly
maintained; and
WHEREAS, the City Council finds that storage
containers and storage trailers constitute a
threat to public health and safety because their
location can block or prevent proper access to
buildings and building exits, emergency exits,
fire connections to sprinkler systems and utility
disconnects; and
WHEREAS, the City Council finds that storage
containers and storage trailers constitute a
threat to public health and safety because they
can contain unknown and sometimes hazardous
contents; and
WHEREAS, the City Council finds that storage
containers and storage trailers can be converted
into permanent structures without any practical
means of complying with building and fire code
reqLlirements.
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:
90
Regular Session, March 6, 2006
ARTICLE VII. EXTERIOR STORAGE
CONTAINERS AND STORAGE TRAILERS
Section 11-83. Definitions:
As used in this article, the following terms shall
have the following meanings:
Storage Container - Any enclosed receptacle
without wheels twenty (20') feet or more in
length designed, built or intended to be used for
the shipment, transportation or storage of goods
and not being used primarily for the shipment or
transportation of goods, but not inciuding a
construction trailer. Storage container also does
not include a truck trailer or semi-truck trailer
while it is actively being used for the
transportation of materials, inventory or
equipment.
Storage Trailer - Any enclosed receptacle with
wheels twenty (20') feet or more in length
designed, built or intended to be used for the
shipment, transportation or storage of goods but
not including a construction trailer. Storage
trailer also does not include a truck trailer or
semi-truck trailer while it is being used for the
transportation of materiais, inventory or
equipment.
Section 11-84. Storage Containers or Storage
Trailers Permitted; Exemptions:
This Article shall apply to use of any storage
container or storage trailer for the exterior
storage of materials, equipment or inventory.
Notwithstanding the foregoing, this Article shall
not apply to the following:
(1) Storage containers or storage trailers
attached to a loading dock, construction trailers
or containers or licensed and federally inspected
vehicles such as a truck trailer or semi-truck
trailer while it is not being used for the storage of
goods;
(2) A business that rents storage trailers or
storage containers to others.
Section 11-85. Required Conditions:
Storage containers or storage trailers permitted
by this Article shall be subject to the. following
conditions:
(1) Storage containers or storage trailers shall
not be stacked;
(2) Storage containers or storage trailers not
connected to a loading dock shall be located not
less than 20' from any building and shall not
block any fire exit doors of the building;
(3) Storage containers or storage traiiers shall at
all times be kept good in appearance and shall
not be in a state of neglect, including, but not
limited to, substantial peeling paint, rust holes or
missing or broken parts;
(4) Storage containers or storage trailers shall
not have any attachments such as utilities, roof,
siding, stairs or other conditions such that the
container or trailer constitutes a permanent
structure unless such container or trailer
complies with all applicable electrical and
building code requirements;
(5) Storage containers or storage trailers shall
have no goods or materials underneath the
container or trailer;
(6) Storage containers or trailers shall not be
used for the storage of hazardous waste or
materials unless the container or trailer complies
with all applicable federal, state or local
regulations; and
(7) Storage containers or storage trailers shall at
all times be kept secure; and
Section 11-86. Permit Required:
No person shall use or maintain or permit to be
used or maintained an exterior storage container
or storage trailer without first obtaining an
annual permit therefore as provided in this
Article.
Section 11-87. Application for Permit; Site Plan:
An application for an exterior storage container
or storage trailer permit shall be filed with the
City Manager on a form provided by the City
Manager. The application shall include the
following information:
(1 )The name, address and telephone number of
the applicant;
(2) A slle plan which shall be a dimension
drawing showing the following:
a. North arrow;
b. Property lines;
c. Location of all structure(s) on the subject
property, including dumpsters, and dimensions;
d. Location of emergency lanes, location of
ingress and egress to the property, location of
parking areas;
e. Location of each proposed storage
container or storage trailer and dimensions from
building(s);
f. Contents of each storage container or
storage trailer.
Falsification of information on an application
shall be grounds for denial or revocation of a
permll.
Section 11-88. Consideration of Application:
The City Manager shall, upon consideration of
the application and the information required
herein, approve or reject the application.
Section 11-89. Fees:
At the time of filing the application, the
applicant shall pay to the City a non-refundable
permll fee established by the City Manager.
Section 11-90. Revocation of Permit:
A permll may be revoked or suspended by the
City Manager for a violation of any of the
provisions of this Article or any other ordinances
of the City or the laws of the United States or the
state of Iowa.
The permittee shall be given not less than ten-
day's written notice of the proposed action to be
taken prior to suspension or revocation. The
permittee may file with the City Clerk a written
notice of appeal to the City Council from the
suspension or revocation.
Section 11-91. Variance:
Regular Session, March 6, 2006
91
The City Manager may grant a variance in a
specific case and from a specific provision of
this Article based on the City Manager's
determination of the following:
(1) That there are practical difficulties or
unnecessary hardships in canrying out the strict
letter of a requirement of this Article;
(2) That the effect of the application of the
provisions of this Article would be arbitrary in the
specific case;
(3) That an extension of time would not
constitute an appropriate remedy for such
practical difficulties or unnecessary hardships;
and
(4) That such variance is in harmony with the
general purpose and intent of this Article in
securing the public heaith, safety and general
welfare and does not constitute an imminent
danger to the public.
Section 2. Effective Date. This Ordinance shall
take effect July 1, 2006.
Passed, approved and adopted this 6th day of
March 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 16th day of March, 2006.
Jeanne F. Schneider, City Clerk
11 3/15
Connors moved final consideration and
passage of the Ordinance. Seconded by Jones.
Carried by the following vote: Yeas-Buol,
Connors, Jones, Michalski. Nays-Braig, Cline,
Lynch.
Connors moved to remove the following item
from the table. Seconded by Michalski. Motion
carried 7-0.
Organizational Development and Diversity
Training (Tabled on February 20, 2006): City
Manager recommending approval to authorize
staff to negotiate a contract with One Ummah
Consulting to perform Organizational
Development and Diversity Training for City
employees at a cost not to exceed $79,200,
presented and read. Michalski moved that the
communication be received and filed and
recommendation approved. Seconded by
Connors. Motion carried 7-0.
Sedgwick Claims Management Services, Inc.
CEBA Application: City Manager
recommending approval of the submission of a
Community Economic Betterment Account
(CEBA) Application on behalf of Sedgwick
Claims Management Services, Inc., presented
and read. Cline moved that the communication
be received and filed. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 93-06
A RESOLUTION AUTHORIZING THE FILING
OF A COMMUNITY ECONOMIC BETTER-
MENT ACCOUNT (CEBA) APPLICATION ON
BEHALF OF SEDGWICK CLAIMS
MANAGEMENT SERVICES, INC.
Whereas, Sedgwick Ciaims Management
Services, Inc. has proposed the expansion of its
operations to Dubuque, Iowa; and
Whereas. the City Council of Dubuque. Iowa
has considered said proposai and has
determined that the proposed project will
contribute to the local economy through the
creation of 75 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 CEBA 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 Community Economic
Betterment Account program on behalf of
Sedgwick Claims Management Services, Inc. is
hereby approved.
Section 2. That the local match of $100,000
identified in the application as a loan to the
company is hereby approved, subject to the
CEBA application approval.
Section 3. That the Mayor is hereby authorized
to execute and the City Manager is hereby
directed to submit said application to the Iowa
Department of Economic Development together
with such documents as may be required.
Passed, approved, and adopted this 6th day of
March 2006.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Lynch. Motion carried 7-0.
Hunting and Target Practice Within City Limits:
City Manager recommending approval of an
ordinance to allow hunting and target practice
within the City limits on private property zoned
Agricultural of not less than ten acres, presented
and read. Connors moved that the
communication be received and filed. Seconded
by Michalski. Carried by the following vote:
Yeas-Buol, Braig, Connors, Jones, Lynch,
Michalski. Nays-Cline.
An Ordinance Amending City of Dubuque
Code of Ordinances Chapter 33, Offenses and
Miscellaneous Provisions, by adopting a new
Section 33-17 Hunting Permitted, allowing
hunting and target practice within the corporate
limits of the City under certain conditions,
92
Regular Session, March 6, 2006
presented and read. Connors moved that this
be considered the first reading of the Ordinance.
Seconded by Michalski. Carried by the
following vote: Yeas-Buol, Braig, Connors,
Jones, Lynch, Michalski. Nays-Cline.
Examining Board: Communication from
Richard A. Engelken, City Assessor, requesting
appointment of a member to the Examining
Board (previously former Administrative
Services Manager Pauline Joyce) to serve a six-
year term, presented and read. Michalski
moved that the communication be received and
filed and referred to the City Manager for
recommendation on the appointment.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski mentioned the Council's upcoming
trip to Washington D.C.
PUBLIC INPUT
Gabrielle DeVega, 1617 11, White, read a letter
on diversity training and requested that
minorities be involved in the training.
Cathy Breitbach, 1209 Prairie, spoke on
various issues including how hard it is for small
businesses to survive in Dubuque.
There being no further business, Michalski
moved to adjourn. Seconded by Braig. Motion
carried 7-0. The meeting adjourned at 8:13 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 3/15
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk
Regular Session, March 20, 2006
93
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, March 20, 2006
Council met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Buol, Council Members Braig,
Cline, Connors, Jones, Lynch, Michalski, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a
regular session of the City Council called for the
purpose of discussing such matters which may
properiy come before the Council.
Invocation was given by Reverend John
Hulsizer, Pastor, Church of the Nazarene
Proclamation: "Gannon Center Appreciation"
received by Mary Lou Baal and Barb Potts.
CONSENT ITEMS
Minutes and Reports Submitted: Arts and
Cultural Affairs Advisory Commission of 1/24;
City Conference Board of 3/1/05,2/13 and 2/17;
City Council of 3/2 and 3/6; Civil Service
Commission of 1/26, 3/2 and 3/10; Historic
Preservation Commission of 2/23; Human
Rights Commission of 2/13; Library Board of
Trustees of 1/26; Long Range Planning Advisory
Commission of 2/15; Zoning Advisory
Commission of 3/1, presented and read.
Connors moved that the minutes be received
and filed. Seconded by Jones. Motion carried
7-0.
Proofs of publication of City Council
Proceedings of 2/13, 2/14, 2/20 (Special
Session), 2/20 (Regular Session), 2/21, and
2/23, presented and read. Connors moved that
the proofs be received and filed. Seconded by
Jones. Motion carried 7-0.
Notice of Claims/Suits: Robert D. Boelk for
property damage; Jody Klauer for vehicle
damage; Francis McDonald for property
damage; Desa Wefel for personal injury,
presented and read. Connors moved that the
communications be received and filed and claim
referred to the Ctty Attorney for investigation and
report. Seconded by Jones. Motion carried 7-0.
City Attorney advising that the following claims
have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Jody Klauer for
vehicle damage and Desa Wefel for personal
injury, presented and read. Connors moved
that the communication be received and filed
and concurred. Seconded by Jones. Motion
carried 7-0.
Arboretum Drive - Quit Claim Deed: City
Manager recommending acceptance of a quit
claim deed for a right-of-way purchase from the
Iowa Department of Transportation (Iowa DOT)
on Arboretum Drive, presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 94.06
A RESOLUTION ACCEPTING A CONVEY.
ANCE OF PROPERTY LOT A OF BREVEN
PLACE IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into a
Purchase Agreement with the State of Iowa
pursuant to which the State of iowa agreed to
convey Lot A of Breven Place, in the City of
Dubuque, Iowa, as shown on the Acquisition
Plat thereof; and
Whereas, the State of Iowa has executed a
conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Quit Claim Deed from the
State of Iowa, copies of which are attached
hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor Is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resoiution.
Seconded by Jones. Motion carried 7-0.
Asbury Plaza Phase 2 - Acceptance: City
Manager recommending acceptance of the
publiC improvements in Phase 2 of Asbury Plaza
as completed by the developer, Rubloff
Development Group, Inc., presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 95-06
ACCEPTING IMPROVEMENTS
IN ASBURY PLAZA - PHASE 2
Whereas, pursuant to the approved Site Plan
for Asbury Plaza Phase 2 (Kohls) dated March
9, 2004, certain Improvements including sanitary
sewer, street construction, and traffic signals
94
Regular Session, March 20, 2006
were installed by the developer, Rubloff
Development Group.
Whereas, the improvements have been
completed and the City Manager has examined
the work and has fiied a certificate stating that
the same has been completed in accordance
with the plans approved by City Engineering and
in conformance with City specifications, and has
recommended that the improvements be
accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said sanitary
sewer, street construction, and traffic signal
improvements in Asbury Plaza Phase 2 be and
the same are hereby accepted.
Section 2. That maintenance of said
improvements shall be the responsibility of the
developer, Rubloff Development Group, Inc., for
a period of two years from this date.
Passed, approved and adopted thiS 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Sanitary Sewer Master Plan - Request for
Proposais: City Manager recommending
approval of the issuance of a Request for
Proposals for engineering and design services
for the Comprehensive Sanitary Sewer Master
Plan, presented and read. Connors moved that
the communication be received and filed and
approved recommendation. Seconded by Jones.
Motion carried 7-0.
Pedestrian Wayfinding Sign Design - Request
for Proposals: City Manager recommending
approval of the issuance of a Request for
Proposals to provide graphic design services for
a directional Pedestrian Wayfinding Sign
Program for persons traveling throughout
Downtown Dubuque and the Port of Dubuque,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by Jones.
Motion carried 7-0.
Shot Tower Archeological Survey: City
Manager recommending approval of the
selection of Great Lakes Archaeological
Research Center, Inc. for the Archeological
Survey of the ShotTower and to authorize staff
to negotiate a contract, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Eagle Valley Project: City Manager
recommending approval of the publication of a
combined notice of finding of no significant
impact on the environment and notice of intent
to request release of funds for the Eagle Valley
Project, presented and read. Connors moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 96-06
A RESOLUTION AUTHORIZING PUBLI-
CATION OF A COMBINED NOTICE OF
FINDING OF NO SIGNIFICANT IMPACT ON
THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF FUNDS
FOR THE EAGLE VALLEY PROJECT.
Whereas, the Mid America Housing
Partnership has received an EDI Special
Purpose Grant from the U.S. Department of
Housing and Urban Development, and
Whereas, the City of Dubuque is the
responsible entity for the Eagle Valley Project;
and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
the Eagle Valley Project; and
Whereas, based on said environmental review,
the Department of Housing and Urban
Development has determined that said project
will have no significant impact on the
environment; and
Whereas, a combined notice of "Finding of No
Significant Impact on the Environment" and of
"Intent to Request Release of Funds" for said
project will be sent by regular mail to various
federal, state and local public agencies; to the
appropriate Regional Office of the
Environmental Protection Agency and to the
local news media, individuals and groups known
to be interested and believed to be appropriate
to receive such a notice; and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combined
Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request
Release of Funds for the Eagle Valley Project
and to make the Environmental Review Record
for said project available for public inspection
and comment until 5:00 pm on April 10, 2006.
Such notice shall be in the form of Exhibit "A"
attached hereto and made a part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
Regular Session, March 20, 2006
95
the Office of the City Clerk where said record
may be examined and copied by any interested
party.
Section 3. That the Mayor of the City of
Oubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Deveiopment fifteen (15) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the Nationai Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to
environmental review, decision-making and
action.
Section 6. That the Mayor of the City of
Dubuque is and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 20th day
of March 2006.
Roy D. Buol, Mayor
Attest. Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
Miller-Riverview Park Management Agree-
ment: City Manager recommending approval of
a management agreement with Pat Felderman
for Miller-Riverview Park for the period April 1
through November 1, 2006, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
One Ummah Consulting for Diversity Training:
City Manager recommending approval of the
negotiated contract with One Ummah Consulting
for Diversity Training and Organizational
Development, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Jones. Motion carried 7-0.
City Hall First Floor Restrooms - Request for
Proposals: City Manager recommending
approval of a contract with Anderson Design &
Consulting, inc. for architectural services for the
City Hall First Floor Restrooms Project,
presented and read. Connors moved that the
communication be received and filed and
approved recommendation. Seconded by
Jones. Motion carried 7-0.
PEG Access Capital Grant Expenditure: City
Manager recommending approval of a request
from Mediacom for funding from the Capital
Grant for Access Equipment and Facilities in the
amount of $6,089 for a new switcher for
Mediacom's public access studio, presented and
read. Connors moved that the communication
be received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Town Clock Plaza Banners: City Manager
recommending approval of the installation of
banners in Town Clock Plaza for advertisement
of non-profit events, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Fire Department Response and Deployment
Study: City Manager recommending approval of
the selection of The Matrix Con suiting Group to
perform a Municipal Fire and Emergency
Service Response and Deployment Study for
the Fire Department, presented and read.
Connors moved that the communication be
received and filed and approved
recommendation. Seconded by Jones. Motion
carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified lists for the
positions of Equipment Operator I, Truck Driver,
Foreman, and Golf Course Supervisor,
presented and read.
March 10, 2006
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Equipment Operator was given on March 1,
2006.
We hereby certify that the individuals listed
below have passed the written examination and
that the appointments to a vacancy in this
position shall be made from this list and that this
list is certified for two (2) years from the above
date.
EQUIPMENT OPERATOR I
Brian Odefey Jeff Steuer
Terrance Leibold Paul Herman
Raymond Behnke Brian Lochner
Randall Ludowitz Mark Tranel
Bill Kelly Bob Barry
Paul Davis Tim Lattner
96
Regular Session, March 20, 2006
Respectfully submitted,
Merie Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Connors moved that the above Civil Service
certification be made a matter of record.
Seconded by Jones. Motion carried 7-0.
March 2, 2006
Honorable Mayor and
Members of the City Councii
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Truck Driver was given on February 1, 2006.
We hereby certify that the individuals listed
beiow have passed the written examination and
that the appointments to a vacancy in this
position shall be made from this list and that this
list is certified for two (2) years from the above
date.
TRUCK DRIVER
Darrin L. Smith
David P. Richard
Timothy Neuhaus
Joseph V. Boge
Jerome W. Ben
Scott Tuthiil
Donald J. Weig
Darrin Steil
Joel A. Kramer
Thomas P. Unsen
Raymond J. Behnke
Chris M. Oberbroeckling
Randy J. Gerardy
Steven R. Oberhoffer
Steve Driscoll
Alvy Kennedy
Drew M. Noel
Jerry T. Powers
Kevin J. Merkes
Denis W. Fangman
DeVon L. Higbie
William Gansen
Mark Culbertson
Elmer E. Heacock
Larry Hayes
Paul Dement
Jason T. Mouring
Shawn Roth
Susan A. Davis
George E. Herman
Michael W. Spoerl
Dave H. Lehman
Steven L. Deppe
Steven T. Christ
Scott Nicks
James LaPage
Steven T. Clewell
James J. Lindecker
Randy Grant
Greg Griffin
Alan J. Sabers
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civii Service Commission
Connors moved that the above Civil Service
certification be made a matter of record.
Seconded by Jones. Motion carried 7-0.
March 2, 2006
Honorable Mayor and
Members of the City Councii
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Foreman was given on February 15, 2006.
We hereby certify that the individuals listed
below have passed the written examination and
that the appointments to a vacancy in this
position shall be made from this list and that this
list is certified for two (2) years from the above
date.
FOREMAN
Elmer Heacock
Kevin J. Grace
Thomas Kramer
Jeff J. Steuer
Robert J. Barry
Paul Davis
Kenneth McClean
Bill Kelly
Brian Odefey
Arthur G. Hedley
Nicholas S. Bibb
Paul A. Herman
Terrance J. Leibold
Terry Nadermann
Robert Blondin
Respectfully submitted,
Merle Duehr, Chairperson
Loras Kluesner
Richard Wertzberger
Civil Service Commission
Connors moved that the above Civii Service
certification be received and filed and made a
matter of record. Seconded by Jones. Motion
carried 7-0.
March 2, 2006
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2005
Code of Iowa, an examination for the position of
Golf Course Supervisor was conducted as a
"take home" test. This exam was evaluated by
City staff and final scoring approved.
We hereby certify that the following individuals
have passed this written examination and the
vacancy for this position should be made from
this list. We further state that this list is good for
two (2) years from above date.
GOLF COURSE SUPERVISOR
Gerald Lange
Michael Denman
Respectfully submitted,
Merle J. Duehr, Jr., Chairperson
Loras J. Kluesner
Richard Wertzberger
Civil Service Commission
Connors moved that the above Civil Service
certification be received and filed and made a
matter of record. Seconded by Jones. Motion
carried 7-0.
Altar Scrap Rezoning: Communication from
Dave Beidler, representing his mother,
requesting that the name Mrs. Donna Beidler be
removed from the pemion in opposition to the
Altar Scrap rezoning, presented and read,
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Dubuque Regional Humane Society:
Communication from the Dubuque Regional
Humane Society in opposition to the proposed
rezoning for Alter Salvage I Tschiggfrie
Excavating request at 1 gO North Crescent
Ridge, presented and read. Connors moved that
Regular Session, March 20, 2006
97
the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
Legislative Issues:
City Manager communication to federai
legislators regarding continued support of the
Community Services Block Grant (CSBG)
Program, presented and read. Connors moved
that the communication be received and filed.
Seconded by Jones. Motion carried 7-0.
City Manager communication to Congressman
Jim Nussle requesting his help in restoring
funding to the Community Development Block
Grant (CDBG) Program, presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
City Manager communication to Senator
Charles Grassley requesting his help in restoring
funding to the Community Development Block
Grant (CDBG) Program, presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
City Manager communication to Governor Tom
Vilsack regarding the plans of the Dakota,
Minnesota and Eastem Railroad Corporation
(DM&E) to extend their rail line, presented and
read. Connors moved that the communication
be received and filed. Seconded by Jones.
Motion carried 7-0.
City Manager communication to area
legislators urging a no vote to HF 2712 and its
companion bill SF 2265 regarding the
establishment of a deferred retirement option
plan (DROP) for the Municipal Fire and Police
Retirement System, presented and read.
Connors moved that the communication be
received and filed. Seconded by Jones. Motion
carried 7-0.
Dubuque Metropolitan Area Solid Waste
Agency: Communication from the Dubuque
Metropolitan Area Solid Waste Agency
withdrawing their request to rezone property
located on Highway 20 West from AG
Agricultural District to LI Light Industrial District,
which was tabled at the May 16, 2005 City
Council meeting, presented and read. Connors
moved that the communication be received and
filed and accepted withdrawal. Seconded by
Jones. Motion carried 7-0.
Mediacom: Communication from Kathieen
McMullen, Mediacom, advising that there will be
a price adjus1ment effective May 2006,
presented and read. Connors moved that the
communication be received and filed. Seconded
by Jones. Motion carried 7-0.
Voluntary Annexation Application: Application
from Thomas L. and Sheri Henschel requesting
voluntary annexation to the City of Dubuque,
presented and read. Connors moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Jones. Motion carried 7-0.
Historic Preservation Commission: Communi-
cation from Laura Carstens, Planning Services
Manager, advising that there is currently a
vacancy on the Historic Preservation
Commission as one member has become a City
empioyee and is, therefore, ineligible to serve on
the Commission, presented and read. Connors
moved that the communication be received and
filed. Seconded by Jones. Motion carried 7-0.
Settlement of Claim: City Attorney
recommending settlement of the claim of Tom
and Anne Wernimont (d/b/a Beanies Cafe) for
loss of income, presented and read. Connors
moved that the communication be received and
filed and approved recommendation. Seconded
by Jones. Motion carried 7-0.
Enterprise Zone Commission: Communication
from Pamela Myhre, Economic Development
Department Staff Member to the Enterprise
Commission, requesting the reappointment of
City Manager Michael C. Van Milligen to the
Enterprise Zone Commission, as the City
Council's representative, presented and read.
Connors moved that the communication be
received and filed and approved recom-
mendation. Seconded by Jones. Motion carried
7-0.
AED Contract for Resuscitation Outcomes
Consortium: City Manager recommending
approval an agreement with Zoll Corporation for
Automatic External Defibrillators (AED) pro
monitor defibrillators for a five year period at no
cost to the City for participation in a National
Institute of Health Resuscitation Outcomes
Consortium (ROC), presented and read.
Connors moved that the communication be
received and filed and approved recom-
mendation. Seconded by Jones. Motion carried
7-0.
Business Licenses:
RESOLUTION NO. 97-06
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.
98
Regular Session, March 20, 2006
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 "B" BEER (5 - DAY SPECIAL EVENT)
Rotary Club of Dubuque Rotary Club of
Dubuque 135 W. 8th St
Passed, approved and adopted this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 98-06
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
Los Arcos Los Arcos+
(Sunday Saie) 2035 JFK Rd
Copper Kettle Copper Kettle
2987 Jackson St
Bar X Bar-X+
(Sunday Sale) 2616 Windsor Ave
Dubuque Racing Assoc. DBQ Greyhound Park /
Casino+(Sunday/Outdoor) 1855 Greyhound
City of Dubuque Bunker Hill Golf
Crs+(Sunday/Outdoor Sale) 2200 Bunker Hill
Isabella's at the Ryan House Isabella's+
(Sunday Sale) 1375 Locust St
Knights of Columbus Knights of Columbus #
510+(Sunday Sale) 781 Locust St
Passed, approved and adopted this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Scnneider, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
2006 Asphalt Paving Project: City Manager
recommending initiation of the public bidding
process for the 2006 Asphalt Paving Project and
that a public hearing be set for April 17, 2006 to
consider adoption of the plans and
specifications, presented and read. Cline moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO, 99-06
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 2006
Asphalt Paving Project in the estimated amount
of $1,208,750.43 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 20.h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michaiski. Motion carried 7-0.
RESOLUTION NO. 100-06
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 2006 Asphalt Paving 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 17th
day of April, 2006, 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 fiie objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement
Passed, adopted and approved this 20.h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 101-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Regular Session, March 20, 2006
99
That the 2006 Asphalt Paving 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 11th day of April, 2006. 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 April, 2006.
Passed, adopted and approved this 20'h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Michalski. Motion carried 7-0.
Port of Dubuque Parking Lot #1 Project: City
Manager recommending initiation of the public
bidding process for the Port of Dubuque Parking
Lot #1 Project and that a public hearing be set
for April 17, 2006 to consider adoption of the
plans and specifications, presented and read.
Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 102-06
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 Port of
Dubuque - Parking Lot NO.1 Reconstruction and
Landscaping Project in the estimated amount of
$454,740 are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 20'h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 103-06
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 Port of Dubuque - Parking Lot No. 1
Reconstruction and Landscaping 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 April, 2006, 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 20th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 104-06
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Port of Dubuque - Parking Lot NO.1
Reconstruction and Landscaping Project is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 6'h day of April, 2006. 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 April, 2006.
Passed, adopted and approved this 20'h day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
100
Regular Session, March 20, 2006
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
AY. McDonald Park Development - Phase II
Project: City Manager recommending initiation
of the public bidding process for the AY.
McDonald Park Development- Phase II Project
and that a public hearing be set for May 1, 2006
to consider adoption of the plans and
specifications, presented and read. Cline moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 105-06
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 AY.
McDonald Park Development Project, Phase II,
in the estimated amount of $658,758, are hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 106-06
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 AY. McDonald Park Development
Project, Phase 11.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 1 st day of May,
2006, 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 March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 107-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the AY. McDonald Park Development
Project, Phase II 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 10:00 a.m. on
the 18th day of April, 2006, at IDOT, Office of
Contracts, 800 Lincoln Way, Ames, Iowa. 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 1st day of May,
2006.
Passed, approved and adopted this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Arts and Cultural Affairs Advisory Commission
(One unexpired three-year term (Arts position)
through 6/30/07
Applicants: Gail Chavenelle, Catherine
Goodman, Thomas Goodman, Richard Hall,
Ellen Hartman Henkels, Louise Kames, Otto
Krueger, loana Mamali, Michelle McKinlay,
Gene Perry, Edwin Ritts, Jr., John Tilton, Gene
Tully, John Woodin
The following applicants appeared and
requested Council consideration for appointment
to the Arts and Cultural Affairs Advisory
Commission: Gail Chavenelle, Gene Tully,
Tom Goodmann, Ellen Hartman Henkels, Otto
Krueger, John Woodin and Louise Kames.
Zoning Board of Adjustment (One 5-year term
through 3/25/11 - term of Klauer) Applicant:
Regular Session, March 20, 2006
101
Randy Klauer. Randy Klauer. spoke requesting
consideration for reappointment.
Appointments to the following Boards /
Commissions: Community Development
Advisory Commission (One At-Large position
[Wainwright] through 2/15/09 and one
Low/Moderate Income position [isenhart]
through 2/15/09)
Applicants for At-Large Position: R.J. Sullivan,
Thomas C. Wainwright; Applicant for Low /
Moderate income Position: Hillary A. Stubben.
Upon unanimous vote, Thomas Wainwright
was reappointed to a three year tenn which will
expire 2/15/09.
Michaiski moved that Hillary A. Stubben be
appointed to a three year tenn which will expire
2/15/09. Seconded by Cline. Motion carried 7-0.
Electrical Code Board (One Journeyman /
Maintenance position [Pfohl] through 5/21/08,
one At-Large position [Pregler] through 5/21/08,
and two Electrical Background positions [new]
through 5/21/09) Applicants: Bob Schmidt,
Paul J. Uhlrich - Additional Applicant: Kevin
Pfohl Michalski moved that Kevin Pfohl be
reappointed to an unexpired term to expire
5/21/08 and Bob Schmidt and Paul Uhlrich
appointed to new terms which will expire
5/21/09. Seconded by Cline. Motion carried 7-0.
TV Cable Teleprogramming Commission
(one vacant term through 6/30/06 and one
vacant tenn through 6/30/07): Applicant: Burton
Everist Connors moved that Mr. Everist be
appointed to a tenn to expire 6/30/07.
Seconded by Cline. Motion carried 7-0.
PUBLIC HEARINGS
605 Peru Road - Request to Rezone:
Communication from Robert Clauer requesting
that the rezoning of property located at 605 Peru
Road be tabled; Proof of publication on notice
of hearing to consider rezoning property located
at 605 Peru Road from R-1 Single-Family
Residential District to LI Light Industrial District
as requested by Robert Ciauer, presented and
read. Cline moved that the communication be
received and filed and tabled action on the
rezoning. Seconded by Lynch. Motion carried 7.
o.
Michalski moved that the rules be suspended
to allow anyone present to address the Council.
Seconded by Cline. Motion carried 7-0.
Roger Kunde/North End Wrecking - Request
to Rezone (Tabled on February 20, 2006):
Proof of publication on notice of hearing to
consider rezoning property located at 55 West
32nd Street from AG Agricultural District to HI
Heavy Industrial District as requested by Roger
Kunde/North End Wrecking and Zoning Advisory
Commission recommending approval;
Communication from Joseph J. Bitter,
representing North End Wrecking, regarding the
requested rezoning; Communication from Paul
J. Uhlrich, 480 Olympic Heights Road, in
opposition to the proposed rezoning;
Communication from Hope Huseman submitting
a petition in opposition to the proposed rezoning
for North End Wrecking; Communication from
Dan McDermott, McDermott Brothers
Construction, in opposition to the proposed
rezoning, presented and read.
Steve Simon, 2160 Ciarke Drive, distributed a
letter and spoke in support of the requested
rezoning.
Hope Huseman, 245 Olympic Heights, Bill
Link, 800 Hawkeye Heights, Joan Schueller and
Mike Burns spoke in opposition to the proposed
rezoning.
Jim Sullivan, 3091 Oak Crest, spoke
questioning the fencing of this development.
An Ordinance amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reciassifying property located
at 55 West 32nd Street from AG Agricultural
District to HI Heavy Industrial District, presented
and read. Michalski moved that this be
considered the first reading of the Ordinance.
Seconded by Cline. Carried by the following
vote: Yeas-Braig, Cline, Connors, Jones,
Lynch. Nays-Buol, Michalski.
Alta Vista / Carlotta Street Reconstruction
Project: Proof of publication on notice of hearing
to consider adoption of the pians and
specifications for the Alta Vista / Carlotta Street
Reconstruction Project and City Manager
recommending approval of the pians and
specifications and the Resoiution of Necessity,
presented and read. Connors moved that the
proof and communication be received and filed.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 108-06
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 15th day of February, 2006,
plans, specifications, fonn of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Alta Vista - Carlotta
Streets Reconstruction 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
102
Regular Session, March 20, 2006
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 20" day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 109-06
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE ALTA
VISTA - CARLOTTA STREETS RECON-
STRUCTION PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the Alta Vista -
Carlotta Streets Reconstruction Project has
given notice of the public hearing thereon as
required by law; and
Whereas, the publiC hearing has been held, all
persons offering objections have been heard
and consideration given to all objections and is
pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed Resolution of Necessity
described above is hereby:
_X_ Adopted, without amendment, and all
objections filed or made having been duly
considered are overruled.
_ Adopted as amended by the
Schedule of Assessments attached hereto as
Exhibit A, and made a part hereof by reference.
All objections filed or made having been duly
considered are overruled.
_ Deferred for later consideration to a
City Council meeting to be held on the_
day of ,2006, next at 6:30 p.m. in the
Public Library Auditorium, with jurisdiction
retained for further consideration and action at
the adjourned meeting.
_ Abandoned.
Passed, adopted and approved this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Connors moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
General Obligation Bonds - Stormwater
Projects: Proof of publication on notice of
hearing to consider issuing $2,900,000 in
General Obligation Bonds to support storrnwater
projects and City Manager recommending
approval to take additional action for the
issuance, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 110-06
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $2,900,000
GENERAL OBLIGATION BONDS
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 issuance of not to
exceed $2,900,000 General Obligation Bonds
for essential corporate purposes of paying costs
of the acquisition, construction and installation of
stormwater and storm sewer utility facilities and
improvements, including the 32nd Street
Detention Basin construction, Bee Branch land
acquisition, North Fork Catfish Creek Ditch and
Culvert construction, and other storm sewer,
stream bank and detention basin improvements,
and has considered the extent of objections
received from residents or property owners as to
said proposed issuance of Bonds; and,
accordingly 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 sale and issuance in the manner required
by law of not to exceed $2,900,000 General
Obligation Bonds for the foregoing essential
corporate purposes.
Section 2. That this Resolution be and does
hereby serve as a declaration of official intent
under Treasury Regulation 1.150-2, because the
City reasonably expects to reimburse with the
proceeds of the Bonds, all or a portion of original
expenditures incurred in connection with the
above purpose.
PASSED AND APPROVED this 20th day of
March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Jones. Motion carried 7-0.
General Obligation Urban Renewal Bonds -
Parking Ramp Restoration Projects: Proof of
publication on notice of hearing to consider
issuing $910,000 in General Obligation Urban
Renewal Bonds to support restoration projects
at the Locust Street and iowa Street Parking
Ramps and City Manager recommending
approval to take additional action for the
issuance, presented and read. Cline moved that
the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Regular Session, March 20, 2006
103
RESOLUTION NO. 111-06
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $910,000
GENERAL OBLIGATION URBAN RENEWAL
BONDS
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 issuance of not to
exceed $910,000 General Obligation Urban
Renewal Bonds for urban renewal purposes of
the City, in order to provide funds for paying
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 Renewai Pian for the
Greater Downtown Urban Renewal District,
including those costs associated with the
construction of improvements to the Iowa Street
and Locust Street public parking ramp facilities,
and no petition was filed calling for a referendum
thereon, and this Council has considered the
extent of objections received from residents or
property owners as to said proposed issuance of
bonds; and, accordingly 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 sale and issuance in the manner required
by law of not to exceed $910,000 General
Obligation Urban Renewal Bonds for the
foregoing urban renewal purposes.
Section 2. That this Resolution be and does
hereby serve as a declaration of official intent
under Treasury Regulation 1.150-2, because the
City reasonably expects to reimburse with the
proceeds of the Bonds, all or a portion of original
expenditures incurred in connection with the
above purpose.
Passed and approved this 20th day of March,
2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
General Obligation Bonds - Refunding of
Balances: Proof of publication on notice of
hearing to consider issuing $3,730,000 in
General Obligation Bonds to refund the
outstanding balance on 2000 Series Band C
Bonds and City Manager recommending
approval to take additional action for the
issuance, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 112-06
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $3,730,000
GENERAL OBLIGATION REFUNDING BONDS
WHEREAS, pursuant to notice published as
required by iaw, this Council has held a public
meeting and hearing upon the proposal to
institute proceedings for the issuance of not to
exceed $3,730,000 General Obligation
Refunding Bonds for the essential corporate
purpose of paying costs of refunding and
refinancing of outstanding City indebtedness,
consisting of the General Obligation Bonds,
Series 2000B, dated June 1, 2000, and the
General Obiigation Bonds, Series 2000C, dated
November 1, 2000, and has considered the
extent of objections received from residents or
property owners as to said proposed issuance of
Bonds; and, accordingly the following action is
now con.sidered 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 sale and issuance in the manner required
by law of not to exceed $3,730,000 General
Obligation Refunding Bonds for the foregoing
essential corporate purpose.
PASSED AND APPROVED this 20~ day of
March,2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Sale of General Obligation Bonds (Not a
Public Hearing): City Manager recommending
approval of the proceedings to set the date of
sale of General Obligation Bonds in the
aggregate principal amount of $7,305,000,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 113-06
RESOLUTION DIRECTING THE ADVERTIS-
EMENT FOR SALE OF GENERAL
OBLIGATION BONDS, SERIES 2006A,
GENERAL OBLIGATION URBAN RENEWAL
BONDS, SERIES 2006B, AND GENERAL
OBLIGATION REFUNDING BONDS, SERIES
2006C, IN THE AGGREGATE PRINCIPAL
AMOUNT OF $7,305,000, AND APPROVING
ELECTRONIC BIDDING PROCEDURES
WHEREAS, the City of Dubuque, Iowa, is in
need of funds to pay costs of the acquisition,
construction, and installation of stormwater and
storm sewer utility facilities and improvements,
including the 32nd Street Detention Basin
104
Regular Session, March 20, 2006
construction, Bee Branch land acquisition, North
Fork Catfish Creek Ditch and Culvert
construction, and other storm sewer, stream
bank and detention basin improvements,
essential corporate purpose projects, and it is
deemed necessary and advisable that the City
issue general obligation bonds for said purpose
in the amount of not to exceed $2,900,000 as
authorized by Section 384.25 of the City Code of
Iowa; and
WHEREAS, pursuant to notice published as
required by Section 384.25 this Council has held
a public meeting and hearing upon the proposal
to institute proceedings for the issuance of the
above described Bonds, and all objections, if
any, to such Council action made by any
resident or property owner of said City were
received and considered by the Council; and it is
the decision of the Council that additional action
be taken for the issuance of said Bonds, and
that such action Is considered to be in the best
interests of said City and the residents thereof;
and
WHEREAS, the City aiso is in need of 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 those costs associated with
the construction of improvements to the Iowa
Street and Locust Street public parking ramp
facilities, and it is deemed necessary and
advisable that the City issue general obligation
urban renewal bonds for said purpose to the
amount of not to exceed $910,000 as authorized
by Sections 403.12 of the Code of Iowa; and
WHEREAS, pursuant to notice published as
required by Sections 403.12 this Council has
held a public meeting and hearing upon the
proposal to institute proceedings for the
issuance of the above described Bonds, and no
petitions were filed calling for an election
thereon and all objections, if any, to such
Council action made by any resident or property
owner of said City were received and considered
by the Council; and it is the decision of the
Council that additional action be taken for the
issuance of said Bonds, and that such action is
considered to be in the best interests of said City
and the residents thereof; and
WHEREAS, the City also is in need of funds
to pay costs of refunding and refinancing of
outstanding City indebtedness, consisting of the
General Obligation Bonds, Series 2000B, dated
June 1, 2000, and the General Obligation
Bonds, Series 2000C, dated November 1, 2000,
an essential corporate purpose project, and it is
deemed necessary and advisable that the City
issue general obligation refunding bonds for said
purpose to the amount of $3,495,000 as
authorized by Section 384.25 of the City Code of
Iowa; and
WHEREAS, pursuant to notice published as
required by Section 384.25 this Council has held
a public meeting and hearing upon the proposal
to institute proceedings for the issuance of the
above described Bonds in the principal amount
of not to exceed $3,730,000, and all objections,
if any, to such Council action made by any
resident or property owner of said City were
received and considered by the Council; and it is
the decision of the Council that additional action
be taken for the issuance of said Bonds, and
that such action is considered to be in the best
interests of said City and the residents thereof;
and
WHEREAS, the Council has received
information from its Financial Consultant
recommending the procedure hereinafter
described for electronic, facsimile and intemet
bidding to maintain the integrity and security of
the competitive bidding process and to facilitate
the delivery of bids by interested parties; and
WHEREAS, the Council deems it in the best
interests of the City and the residents thereof to
receive bids to purchase such Bonds by means
of both sealed and electronic internet
communication.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the receipt of electronic bids by
facsimile machine and through the PARITY@
competitive bidding system described in the
Notice of Sale are hereby found and determined
to provide reasonable security and to maintain
the integrity of the competitive bidding process,
and to facilitate the delivery of bids by interested
parties in connection with the offering of the
Bonds hereinafter described at public sale.
Section 2. That the City Manager be and is
hereby authorized and directed to determine an
appropriate date for sale of the Bonds and that
the Clerk, upon being so notified by the City
Manager of the sale date, is hereby directed to
publish notice of sale of said Bonds at least
once, the last one of which shall be not less than
four clear days nor more than twenty days
before the date of the sale. Publication shall be
made in the Telegraph Herald, a legal
newspaper, printed wholly in the English
language, pUblished within the county in which
the Bonds are to be offered for sale or an
adjacent county. Said notice is given pursuant
to Chapter 75 of the Code of Iowa, and shall
state that this Council, on the date of sale
selected by the City Manager, at 6:30 o'clock
P.M., will hoid a meeting to receive and act upon
bids for said Bonds; said notice to be in
substantially the following form:
NOTICE OF BOND SALE
Regular Session, March 20, 2006
105
Time and Place of Sealed Bids: Sealed bids
for the sale of Bonds of the City of Dubuque,
Iowa, will be received at the office of the Finance
Director, City Hall, 50 West 13th Street, in the
City of Dubuque, Iowa (the "Issuer") at 11 :00
o'clock A.M., on the 3rd day of March, 2006.
The bids will then be publicly opened and
referred for action to the meeting of the City
Council in conformity with the terms of offering.
Sale and Award: The sale and award of the
Bonds will be held at the Auditorium, Carnegie-
Stout Public Library, Dubuque, Iowa, at a
meeting of the City Council on the above date at
6:30 o'clock P.M.
The Bonds: The Bonds to be offered are the
following:
GENERAL OBLIGATION BONDS, SERIES
2006A, in the amount of $2,900,000, to be dated
the date of delivery.
GENERAL OBLIGATION URBAN RENEWAL
BONDS, SERIES 2006B, in the amount of
$910,000, to be dated the date of delivery.
GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2006C, in the amount of
$3,495,000, to be dated the date of delivery.
(together, the "Bonds")
Adjustment of Principal Amount. The Issuer
reserves the right to increase or decrease the
a9gregate principal amount of the Series 2006C
Bonds by an amount not to exceed $235,000.
Any such change will be in increments of
$5,000, and may be made in any of the
maturities. The purchase price will be adjusted
proportionately to reflect any change in issue
size.
Manner of Bidding: Open bids will not be
received. Bids for each series of the Bonds will
be received by any of the following methods:
$ Sealed Bidding: Sealed bids may be
submitted and will be received at the office of
the Finance Director, Dubuque, Iowa
$ Electronic Internet Bidding: Electronic
internet bids will be received at the office of the
Finance Director, Dubuque, Iowa. The bids
must be submitted through the PARITY@
competitive bidding system.
$ Electronic Facsimile Bidding: Eiectronic
facsimile bids will be received at the office of the
Finance Director, Dubuque, Iowa (facsimile
number: 563/589-0890). Electronic facsimile
bids will be sealed and treated as sealed bids.
Consideration of Bids: After the time for
receipt of bids has passed, the close of sealed
bids will be announced. Sealed bids will then be
publicly opened and announced. Finally,
electronic internet bids will be accessed and
announced.
Official Statement: The Issuer has issued an
Official Statement of information pertaining to
the Bonds to be offered, including a statement of
the Terms of Offering and an Official Bid Form
for each series, which is incorporated by
reference as a part of this notice. The Official
Statement may be obtained by request
addressed to the City Clerk, 50 W. 13th Street,
Dubuque, Iowa 52001 (telephone: 563/589-
4100) or the financial advisor to the City, Public
Financial Management, Inc., 2600 Grand
Avenue, Des Moines, Iowa 50312 (telephone:
515/243-2600).
Terms of Offering: All bids shall be in
conformity with and the sale shall be in accord
with the Terms of Offering as set forth in the
Official Statement.
Legal Opinion: Said Bonds will be sold subject
to the opinion of Ahlers & Cooney, P.C.,
Attorneys of Des Moines, Iowa, as to the legality
and their opinion will be furnished together with
the printed Bonds without cost to the purchaser
and all bids will be so conditioned. Except to the
extent necessary to issue their opinion as to the
legality of the Bonds, the attorneys will not
examine or review or express any opinion with
respect to the accuracy or completeness of
documents, materials or statements made or
furnished in connection with the sale, issuance
or marketing of the Bonds.
Rights Reserved: The right is reserved to
reject any or all bids, and to waive any
irregularities as deemed to be in the best
interests of the public.
By order of the City Council of the City of
Dubuque, Iowa.
/s/ Jeanne F. Schneider
City Clerk of the City of Dubuque, Iowa
(End of Notice)
PASSED AND APPROVED this 20th day of
March,2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Connors moved that the ruies be reinstated
limiting discussion to the Council. Seconded by
Braig. Motion carried 7-0.
ACTION ITEMS
River Pointe Development, LLC - Request to
Rezone (First Reading on February 20, 2006;
Second Reading on March 6, 2006)
Communication from Sister Margaret Ann
Willging regarding the proposed development on
Kelly's Bluff; Communication from Gene Tully
requesting to address the City Council regarding
the River Pointe Development; Communication
from Francine Banworth requesting to address
the City Council regarding the River Pointe
Development, presented and read. Cline moved
that the communications be received and filed.
Seconded by Jones. Motion carried 7-0.
106
Regular Session, March 20, 2006
Gene Tully, 448 Summit, spoke requesting the
development be scaled down and Mr. Spiegel
pay for full cost of necessary improvements.
Francine Banworth, 985 South Grandview,
spoke requesting final action be tabled until final
plan submitted and that it be held to scale in
regards to the bluff.
Attorney Mike Coyle, representing River
Pointe, spoke clarifying that tonight's decision
was for the rezoning not the building design or
permij.
Dan Hammel, President of Dubuque Building
and Construction Trades Council, clarified that
rumors of using non-union labor for this project
are not true.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying property located
at 600 Mazzuchelli Drive from R.2 Residential
District to PUD Planned Unit Development
District with a Planned Residential designation,
said Ordinance having been presented and read
at the Council Meetings of 2120/06 and 3/6/06,
presented for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-06
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 600
MAZZUCHELLI DRIVE FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PR PLANNED RESIDENTIAL
DISTRICT DESIGNATION AND ADOPTING A
CONCEPTUAL DEVELOPMENT PLAN, WITH
CONDITIONS, FOR RIVER POINTE
DEVELOPMENT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-2
Two-Family Residential District to PUD Planned
Unit development District with a PR Planned
Residential District designation and adopting a
conceptual development plan, a copy of which is
attached to and made a part hereof, with
conditions as:
Lot 2 of City Lot 723, City Lot 698, City Lot
693A, Lot 1 of Lot 2 City Lot 694, Lot 2 of Lot 1
City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot
726, Lot 2 of Lot 1 City Lot 725, Lot 1 of 1 of 19
City Lot 724 and Lot 2 of Roman Catholic Grave
Yard, 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 (2003) 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:
A. Use Regulations.
The following regulations shall apply to all uses
made of land in the above-described PUD
District:
1) Principal permitted uses shall be limited to:
a) Multi-family dwellings: Two (2) 120-unil
condominium buildings.
2) Accessory uses shall include any use
customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PUD District shall be
regulated as follows:
1) The proposed condominium development
shall be constructed in substantial compliance
with the attached conceptual development plan.
2) Maximum building height shall be limited to
165 feet and 12-stories for buildings A and B.
Building height shall be measured form the floor
elevation of the first story to the peak of the
highest roof structure
C. Performance Standards
The development and maintenance of uses in
this PUD District shall be regulated as follows:
1) River Pointe Development, LLC shall
contribute a total of $150,000 toward off-site
street improvements related to this PUD. The
contribution shall be made in $50,000
increments, paid to the City of Dubuque in fiscal
years 2012,2013 and 2014.
2) Parking Regulations
Off-street parking shall be provided based on a
ratio of 2.5 spaces per dwelling unit.
?AII vehicle-related features shall be surfaced
with either asphalt or concrete.
? Curbing and proper surface drainage of storm
water shall be provided.
? All parking and loading spaces shall be
delineated on the surfacing material by painted
stripes or other permanent means.
? The number, size and design of parking
spaces shall be governed by applicable
provisions of City of Dubuque Ordinances
enforced at the time of development of the lot.
? The number, size, 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.
3) Blasting shall be prohibited within the area
governed by this planned unit development.
4) Site Lighting
a) Exterior illumination of sije features shall
be limited to the illumination of the following:
Regular Session, March 20, 2006
Parking areas, driveways and loading facilities.
Pedestrian walkway surfaces and entrances to
building.
Screened storage areas.
Building exterior
b) Location and Design:
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.
A lighting plan shall be included as part of site
plan submittals that indicates types of lights
used and ground light pattern for building
lighting of building and parking-related features.
Fixtures mounted on a building shall not be
positioned higher than the roofline of the
building.
The top post mounted free-standing fixtures
shall not be higher than 30 feet above the
ground.
All electrical service lines to posts and fixtures
shall be underground and concealed inside the
posts.
5) Storm Water Conveyance:
The developer 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 drainageways
outside the lot in a means that is satisfactory to
the City of Dubuque.
Other applicable regulations enforced by the
City of Dubuque relative to storm water
management and drainage shall apply to the
subject property.
6) Exterior Trash Collection Areas:
The storage of trash and debris shall be limited
to that produced by the principal permitted use
and accessory uses of the lot.
All exterior trash collection areas and the
materia is contained therein shall be visually
screened from view. The screening shall be
completely opaque fence, wall or other feature
not exceeding a height of 10 feet measured from
the ground levei outside the line of the screen.
Screens built on sloping grades shall be stepped
so that their top line shall be horizontal.
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.
If a 10-foot high screen fails to shield the
exterior trash collection area from view from
points inside or outside of the property,
evergreen plantings may be required in addition
to the screening. Evergreen plant materials
shall be selected and designed so that they will
107
screen the area from all off-site visibility within
five (5) years.
7) Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the PUD District
shail be reguiated as follows:
Those areas not designated on the conceptual
development plan shall be maintained as open
space, as defined by Section 8 of the Zoning
Ordinance by the property owner and/or
association.
E. Sign Regulations
1) Signs in the PUD District shall be regulated
in accordance with the OR Office Residential
sign regulations of the Zoning Ordinance.
2) Variance requests from sign requirements
for size, number and height shall be reviewed by
the Zoning Board of Adjustment in accordance
with Section 5-3 of the Zoning Ordinance.
F. Other Codes and Regulations
a) Service lines: All electric telephone, cable
or other similar utility lines serving the building
and other site features shall be located
underground.
b) Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of each
building and vehicle-related features unless
otherwise exempted by Section 4-4.
c) The use of semi-trailers and shipping
containers for storage is prohibited.
d) These regulations do not relieve the owner
from other applicable city, county, state or
federal codes, regulations, laws and other
controls relative to the planning, construction,
operation and management of property within
the City of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
H. Reclassification of Subject Property
The City of Dubuque, Iowa, may initiate zoning
reclassification proceedings to the R-2 Two-
Family Residential 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.
I. 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.
J.Occupancy Permits
No occupancy permit shall be issued by the City
of Dubuque for property included in the subject
108
Regular Session, March 20, 2006
planned unit development district until full
compliance with this ordinance has been
achieved.
K. Recording
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. This ordinance shall
be binding upon the undersigned and hisfher
heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by law.
Passed, approved and adopted this 20th day
of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 27-06
I, A.J. Spiegei, representing River Pointe
Development, LLC, property owner, having read
the terms and conditions of the foregoing
Ordinance No. 27-06 and being familiar with the
conditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated in Dubuque, Iowa this 20th day of
March, 2006.
By: Isl A.J. Spiegel
Cline moved final consideration and passage
of the Ordinance. Seconded by Jones. Motion
carried 7-0.
Fiscal Year 2007 Annual Action Plan -
Amendment #1: Community Development
Advisory Commission recommending approval
of Amendment #1 to the Fiscal Year 2007
Annual Action Pian which wouid reduce funding
for multiple public service activities; City
Manager recommending approval of Amend-
ment #1 to the Fiscal Year 2007 Annual Action
Plan for the use of Community Development
Biock Grant Funds by reducing the Housing and
Economic Development Programs and the
Community Partnership (cp2) Program,
presented and read. Cline moved that the
communication be received and filed.
Seconded by Michalski. Carried by the following
vote: Yeas-Buol, - C.ne, Connors, Jones,
Lynch, Michalski. Nays-Braig.
Jim Giesen, 1600 Lori, representing the
Community Development Advisory Commission,
spoke clarifying the requested amendment and
stressed he would not want to see the cp2
Program cut and requested a compromise be
considered.
RESOLUTION NO. 114-06
RESOLUTION APPROVING AMENDMENT 1
TO THE FISCAL YEAR 2007 (PROGRAM
YEAR 2006) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Whereas, the City of Dubuque has prepared
and approved an Annual Plan for Fiscal Year
2007 (Program Year 2006), and
Whereas, the City now desires to amend said
FY 2007 Annual Plan to reflect the reduced FY
2007 CDBG allocation as per the attached
Exhibit A; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and must therefore be
approved by resolution of the City Council after
a public hearing by the Community
Development Advisory Commission; and
Whereas, the City held a public comment
period beginning February 10, 2006; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment on March 14. 2006 and voted to
approve said. amendment and to recommend
approval by the Cijy Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 1 to the Fiscal
Year 2007 (Program Year 2006) Annual Plan for
the Community Development Block Grant
(CDBG) program hereto attached as Exhibit A is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 20th day of
2006.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Carried by the following
vote: Yeas-Buol, Cline, Connors, Jones,
Lynch, Michalski. Nays-Braig.
Speed Limit on Tanzanite Drive:
Communication from Mert Atkinson, 1810
Amelia Drive, requesting that the speed limit on
Tanzanite Drive between Peru Road and John
Deere Road be increased from 25 miles per
hour to 35 miles per hour, presented and read.
Braig moved to receive and file the
communication and to direct staff to review the
request. Seconded by Connors. Motion failed
by the following vote: Yeas-Braig, Connors,
Michalski. Nays-Buol, Cline, Jones, Lynch.
City of Dubuque Audit Services: City Manager
recommending that Eide Bailly LLP be retained
as the Cijy's auditing firm for the next five fiscal
years, presented and read. Lynch moved that
the communication be received and filed and
Regular Session, March 20, 2006
109
approved recommendation. Seconded by Braig.
Motion carried 7-0.
Hunting and Target Practice within City Limits
(First Reading 3/6/06): An Ordinance
Amending City of Dubuque Code of Ordinances
Chapter 33, Offenses and Miscellaneous
Provisions, by adopting a new Section 33-17
Hunting Permitted, allowing hunting and target
practice within the corporate limits of the City
under certain conditions, said Ordinance having
been presented and read at the Council Meeting
of 3/6/06, now presented for further action.
Connors moved that this be considered the
second reading of the Ordinance. Seconded by
Lynch. Carried by the following vote: Yeas-
Buol, Connors, Jones, Lynch. Nays-Braig,
Cline, Michalski.
COUNCIL MEMBER REPORTS
Cline reported she had been asked to
participate on the TAG committee of ECIA.
Michalski stated a written report of the recent
trip to Washington DC and meeting with the
legislators was being prepared.
Buol stated he had attended an excellent
seminar on emergency management at the NLC
Conference.
PUBLIC INPUT
At 9:19 P.M. Connors moved to go into Closed
Session re: Pending Litigation and Property
Acquisition - Chapter 21.5(1) (c)O) 2005 Code of
Iowa. Seconded by Bralg. Motion carried 7-0.
At 9:38 P.M. Council reconvened regular
session stating staff had been given proper
direction.
There being no further business, Connors
moved to adjourn. Seconded by Braig. Motion
carried 7-0.
The meeting adjourned at 9:39 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 3/29
Approved:
2006
Adopted
2006
Mayor
Council Members
Attest:
City Clerk