2003 April Council Proceedings Regular Session, April 7, 2003 89
DUBUQUE
damage; Timothy Wardle for vehicle damage,
presented and read. Buol moved that the
CITY COUNCIL
claims and suits be referred to the Legal Staff for
OFFICIAL
investigation and report. Seconded by
PROCEEDINGS
Markham. Motion carried 7-0.
City Council, Regular Session, April 7, 2003
Corporation Counsel advising that the
Council met in Regular Session at 6:30 P.M. in
following claims have been referred to Public
the Library Auditorium
Entity Risk Services of Iowa, the agent for the
Present: Mayor Duggan, Council Members
Iowa Communities Assurance Pool: Lois
Buol, Cline, Connors, Markham, Michalski,
Friedman for vehicle damage; Mark Rokusek for
Nicholson, City Manager Michael Van Milligen,
vehicle damage; Connie Swift for personal
Corporation Counsel Barry Lindahl.
injury, presented and read. Buol moved that the
communications be received and filed and
Mayor Duggan read the call and stated this is
concurred. Seconded by Markham. Motion
a regular session of the City Council called for
carried 7-0.
the purpose of discussing such matters which
may properly come before the City Council.
Corporation Counsel recommending denial of
the claim of Timothy Wardle for vehicle damage,
Invocation was given by Ben Mathew,
presented and read. Buol moved that the
Chaplain, Emmaus Bible College.
communications be received and filed and
concurred. Seconded by Markham. Motion
Proclamations: Public Health Week (April 7 –
carried 7-0.
13, 2003) received by Kathy Ripple from the
VNA; and Fair Housing Month (April, 2003)
Corporation Counsel recommending
received by Human Rights Commissioner Lou
settlement of the claim of Steven Plumley for
Oswald.
monetary loss and Craig Takes for vehicle
damage and that the Finance Director issue
Youth in Government students Andrea
proper payment, presented and read. Buol
Hoppman, Karen Hunt, Nick Kane and Charles
moved that the communications be received and
Hartig were sworn in by Mayor Duggan for their
filed and concurred and directed that the
respective Council seats.
Finance Director issue the proper payment.
Seconded by Markham. Motion carried 7-0.
CONSENT ITEMS
Legislative Correspondence:
Minutes Submitted: Airport Commission of
Communication of City Manager to area
3/24; Cable TV Regulatory Commission of 3/12;
legislators requesting support of Senate File 358
City Council of 3/17; Conference Board of 2/19;
which would transfer the responsibility for
Downtown Planning Committee of 3/10; Housing
establishing the State Plumbing Code from the
Code Appeals Board (Amended) of 11/19;
Iowa Department of Public Health to the State
Housing Code Appeals Board of 12/17; Housing
Building Code Commissioner, presented and
Commission of 2/25; Housing Commission Trust
read. Buol moved that the communication be
Fund of 3/20; Library Board of Trustees of 2/27;
received and filed. Seconded by Markham.
Transit Trustee Board of 3/13; Zoning Advisory
Motion carried 7-0.
Commission of 3/5; Zoning Board of Adjustment
Communication of City Manager to Speaker of
of 2/27, presented and read. Buol moved that
the House Christopher Rants regarding the
the minutes be received and filed. Seconded by
gaming tax issue, presented and read. Buol
Markham. Motion carried 7-0.
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
Proofs of publication of City Council
0.
Proceedings of 3/3 and 3/5 and List of Claims
Communication of City Manager to Senator
and Summary of Revenues for Month Ending
Charles E. Grassley regarding the status of the
February 28, 2003, presented and read. Buol
Dubuque Post Office Building, presented and
moved that the proofs be received and filed.
read. Buol moved that the communication be
Seconded by Markham. Motion carried 7-0.
received and filed. Seconded by Markham.
Motion carried 7-0.
Notice of Claims/Suits: Mary Eigenberger for
Communication of City Manager to area
property damage; Lois Friedman for vehicle
legislators requesting their opposition to the
damage; Thomas Mueller for property damage;
Public Strategies Group proposal, presented
Steven Plumley for loss of property; Connie
and read. Buol moved that the communication
Swift for personal injury; Mark Rokusek for
be received and filed. Seconded by Markham.
vehicle damage; Craig J. Takes for vehicle
Motion carried 7-0.
90 Regular Session, April 7, 2003
Dubuque County Board of Supervisors: Whereas, said final plat has been examined by
Communication from the Dubuque County the City Council and they find that it conforms to
Board of Supervisors submitting information on the statutes and ordinances relating thereto.
a potential problem at Jorja’s Restaurant, NOW THEREFORE, BE IT RESOLVED BY
presented and read. Buol moved that the THE CITY COUNCIL OF THE CITY OF
communication be received and filed and DUBUQUE, IOWA:
referred to the City Manager. Seconded by Section 1. That the City Council hereby waives
Markham. Motion carried 7-0. Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
Housing Code Appeals Board Resignation: 42-19, Lots and Blocks.
Communication from David Harris, Housing and Section 2. That the final plat of Lot A and Lots
Community Development Department Manager, 1-12 Wertzberger Acres No. 2 is hereby
advising that Dave Althaus has informed staff he approved and the Mayor and City Clerk are
does not intend to reapply for appointment to the hereby authorized and directed to endorse the
Housing Code Appeals Board, presented and approval of the City of Dubuque, Iowa, upon
read. Buol moved that the communication be said subdivision plat.
received and filed. Seconded by Markham. Passed, approved and adopted this 7th day of
Motion carried 7-0. April 2003.
Terrance M. Duggan, Mayor
Dubuque County Conservation Society: Attest: Jeanne F. Schneider, City Clerk
Communication from Ranol Weigel, President of Buol moved adoption of the Resolution.
the Dubuque County Conservation Society, Seconded by Markham. Motion carried 7-0.
regarding the proposed Eagle Point
Condominium Development, presented and Emberwood Estates – Final Plat: City
read. Buol moved that the communication be Manager recommending approval of the final
received and filed. Seconded by Markham. plat of Emberwood Estates located off of
Motion carried 7-0. Gardener’s Lane in Dubuque County, presented
and read. Buol moved that the communication
Dubuque Golf and Country Club: be received and filed. Seconded by Markham.
Communication from the Dubuque Golf and Motion carried 7-0.
Country Club requesting permission to display
RESOLUTION NO. 96-03
fireworks on July 4, 2003 (rain date of July 6,
RESOLUTION APPROVING THE FINAL PLAT
2003), presented and read. Buol moved that
OF EMBERWOOD ESTATES IN DUBUQUE
the communication be received and filed and
COUNTY, IOWA
approved request. Seconded by Markham.
Motion carried 7-0. Whereas, there has been filed with the City
Clerk a final plat of Emberwood Estates; and
Wertzberger Acres No. 2 – Final Plat: City Whereas, the preliminary plat has been
Manager recommending approval of the final examined by the Zoning Advisory Commission
plat of Wertzberger Acres No. 2 located off of and has its approval endorsed thereon, with the
Old Military Road in Dubuque County, presented waiver of Article IV, Design and Improvement
and read. Buol moved that the communication Standards of the Subdivision Regulations,
be received and filed. Seconded by Markham. except for Section 41-29; and
Motion carried 7-0. Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
RESOLUTION NO. 95-03
thereon; and
RESOLUTION APPROVING THE FINAL PLAT
Whereas, said final plat has been examined by
OF LOT A AND LOTS 1-12 WERTZBERGER
the City Council and they find that it conforms to
ACRES NO. 2 IN DUBUQUE COUNTY, IOWA
the statutes and ordinances relating thereto.
Whereas, there has been filed with the City NOW THEREFORE, BE IT RESOLVED BY
Clerk a final plat of Lot A and Lots 1-12 THE CITY COUNCIL OF THE CITY OF
Wertzberger Acres No. 2; and DUBUQUE, IOWA:
Whereas, the preliminary plat has been Section 1. That the City Council hereby waives
examined by the Zoning Advisory Commission Article IV, Design and Improvement Standards
and has its approval endorsed thereon, with the of the Subdivision Regulations, except Section
waiver of Article IV, Design and Improvement 42-19, Lots and Blocks.
Standards of the Subdivision Regulations, Section 2. That the final plat of Emberwood
except for Section 41-29; and Estates is hereby approved and the Mayor and
Whereas, said final plat has been reviewed by City Clerk are hereby authorized and directed to
the City Planner and had her approval endorsed endorse the approval of the City of Dubuque,
thereon; and Iowa, upon said subdivision plat.
Regular Session, April 7, 2003 91
Passed, approved and adopted this 7th day of City of Dubuque and the Iowa Department of
April 2003. Transportation to include the installation of a
Terrance M. Duggan, Mayor four-inch multi-cell conduit along the south side
Attest: Jeanne F. Schneider, City Clerk of US 20 from the new Menard’s entrance
Buol moved adoption of the Resolution. easterly to Algona Street; and
Seconded by Markham. Motion carried 7-0. Whereas, the City Council of the City of
Dubuque approves of said addendum and the
Port of Dubuque - Parking Lot Landscape City funding as described in the pre-construction
Guidelines and Recommended Plant Lists: City agreement addendum.
Manager recommending approval of the Parking NOW, THEREFORE, BE IT RESOLVED BY
Lot Landscaping Guidelines and Recommended THE CITY COUNCIL OF THE CITY OF
Plant Lists for the Port of Dubuque, presented DUBUQUE, IOWA:
and read. Buol moved that the communication Section 1. That Addendum 2003-16-019B to
be received and filed and approved the pre-construction agreement between the
recommendation. Seconded by Markham. City of Dubuque and the Iowa Department of
Motion carried 7-0. Transportation for the US 20 intersection
improvements (Dodge Street) for the installation
Demolition Permit – Dubuque Hardwoods: of a four-inch multi-cell conduit along the south
Communication from the Historic Preservation side of US 20 be and is hereby approved.
Commission recommending approval of a Section 2. That the Mayor be authorized and
request to demolish metal buildings located at directed to execute two copies of the addendum
th
205 East 6 Street, Port of Dubuque (Dubuque to the pre-construction agreement between the
Hardwoods), presented and read. Buol moved City of Dubuque and the Iowa Department of
that the communications be received and filed Transportation.
th
and concurred. Seconded by Markham. Motion Passed, adopted and approved this 7 day of
carried 7-0. April, 2003.
Terrance M. Duggan, Mayor
Dubuque County Board of Health Contract for Attest: Jeanne F. Schneider, CMC, City Clerk
Lead Paint Program: City Manager Buol moved adoption of the Resolution.
recommending approval of an interagency Seconded by Markham. Motion carried 7-0.
agreement between the City and the Dubuque
County Board of Health for administration of a Notice of Finding of No Significant Impact and
lead paint program training grant, presented and Release of Funds for Community Development
read. Buol moved that the communication be Block Grant Programs: City Manager
received and filed and approved recommending approval of publication of a
recommendation. Seconded by Markham. combined notice of no significant impact on the
Motion carried 7-0. environment and notice of intent to request
release of funds for Community Development
Iowa Department of Transportation Pre-Block Grant Programs, presented and read.
Construction Agreement: City Manager Buol moved that the communication be received
recommending approval of a pre-construction and filed. Seconded by Markham. Motion
agreement addendum between the City of carried 7-0.
Dubuque and the Iowa Department of
RESOLUTION NO. 98-03
Transportation to provide fiber optic conduit
A RESOLUTION AUTHORIZING PUBLICA-
installation, presented and read. Buol moved
TION OF A COMBINED NOTICE OF FINDING
that the communication be received and filed.
OF NO SIGNIFICANT IMPACT ON THE
Seconded by Markham. Motion carried 7-0.
ENVIRONMENT AND NOTICE OF INTENT TO
RESOLUTION NO. 97-03 REQUEST RELEASE OF FUNDS FOR
RESOLUTION APPROVING AN ADDENDUM CERTAIN COMMUNITY DEVELOPMENT
TO THE PRE-CONSTRUCTION AGREEMENT BLOCK GRANT PROJECTS FOR FISCAL
BETWEEN THE CITY OF DUBUQUE AND THE YEAR 2004 (PROGRAM YEAR 2003)
IOWA DEPARTMENT OF TRANSPORTATION
Whereas, the City of Dubuque will enter into a
FOR FIBER OPTICS CONDUIT
Grant Agreement for the Fiscal Year
IMPROVEMENTS TO US 20
commencing July 1, 2003, with the U.S.
Whereas, the City has entered into Pre-Department of Housing and Urban
Construction Agreement No. STP-A-20-9(164) - Development, providing for financial assistance
22-31 with the Iowa Department of to the City under Title I of the Housing and
Transportation to improve US 20. Community Development Act of 1974, as
Whereas, the Iowa Department of amended; and
Transportation has prepared an addendum to Whereas, pursuant to the rules and regulations
said pre-construction agreement between the as promulgated by the U.S. Department of
92 Regular Session, April 7, 2003
Housing and Urban Development, an Referral Service; Leadership Training;
environmental review has been processed for Neighborhood Development Services and Staff;
the hereinafter listed projects to be financed with Neighborhood Grants; Neighborhood
Community Development Block Grant funds; Infrastructure Improvements (Neighborhood
and Street Overlays; Neighborhood Sidewalk
Whereas, based on said environmental review, Program; Neighborhood Step/Wall Repair);
the Housing and Community Development Neighborhood Recreation Program; Senior
Department has determined that said projects Center; Washington Tool Library; Fair Housing
will have no significant impact on the Education; Zoning Inspection/ Enforcement
environment; and Economic Development Programs:
Whereas, a combined notice of " Finding of No Commercial/Industrial Building Rehab Loan
Significant Impact on the Environment" and of Program; Economic Development Financial
"Intent to Request Release of Funds" for said Assistance Program; Economic Development
projects will be sent by regular mail to various Program Services and Staff
tribal, federal, state and local public agencies; to Planning and Administration: CDBG
the appropriate Regional Office of the Administration Services and Staff; Finance
Environmental Protection Agency, to the HUD Services and Staff; City Planning Services and
Field Office and to the local news media, Staff, Planning Administration
individuals and groups known to be interested No funds will be committed prior to completion
and believed to be appropriate to receive such a of a review for other related laws of 24 CFR
notice; and 58.5, including Section 106, for site-specific
Whereas, any and all comments received as a projects that are currently unidentified.
result of such notice will be duly considered Section 2. That the environmental review
before proceeding with a Request for Release of record for each of the projects shall be placed
Funds and Certification. on file in the Office of the Housing and
NOW, THEREFORE, BE IT RESOLVED BY Community Development Department, 1805
THE CITY COUNCIL OF THE CITY OF Central, Dubuque Iowa where said record may
DUBUQUE, IOWA: be examined and copied by any interested party.
Section 1. That the City Clerk be and is Section 3. That the Mayor of the City of
hereby authorized and directed to publish a Dubuque is hereby authorized and directed to
combined Notice of Finding of No Significant submit to the U.S. Department of Housing and
Impact on the Environment and Notice of Intent Urban Development fifteen (15) days after
to Request Release of Funds for the following publication of appropriate notice a Request for
identified projects and to make the Release of Funds to undertake the said projects.
Environmental Review Record for said projects Section 4. That the Mayor of the City of
available for public inspection and comment until Dubuque is hereby authorized to consent to
5:00 p.m. on April 28 2003. Such notice shall be assume the status of a responsible federal
in the form of Exhibit "A" attached hereto and official under the National Environmental
made a part hereof. Protection Act, insofar as the provisions of the
Community Development Block Grant Annual said Act apply to the U.S. Department of
Plan Projects Housing and Urban Development
Program Year 2003 (Fiscal Year 2004) responsibilities for review, decision making, and
Housing Programs: First Time Home Buyer action assumed and carried out by the City of
Program; Historic Preservation; Homeowner Dubuque as to environmental issues.
Rehabilitation (Operation: Paintbrush; Operation Section 5. That the Mayor of the City of
Upkeep; Residential Rehabilitation Loan Dubuque is hereby authorized to consent
Program; Sewer Connection Loan); Housing personally, in his official capacity and on behalf
Planning/ Administration Services and Staff; of the City of Dubuque, to accept the jurisdiction
Homeowner Grants; Housing Code of the federal courts if an action is brought to
Enforcement; Housing Rehabilitation Services enforce responsibilities in relation to
and Staff; Problem Properties Management; environmental review, decision-making and
Housing Trust; Purchase/Rehabilitation/ Resale; action.
Rental Unit Rehabilitation (Emergency Code Section 6. That the Mayor of the City of
Enforcement Loan Program; Moderate Income Dubuque is and he is hereby authorized and
Rental Rehab Loan Program; Accessibility directed to execute a certification pertaining to
Rehab; Single Room Occupancy Rehab); the environmental review procedures.
Neighborhood and Community Development Passed, approved and adopted this 7th day of
Programs: Accessible Curb Ramps; Child Care April 2003.
Resource and Referral; Community Partnership Terrance M. Duggan, Mayor
Program (cp2); Deer Management Food Attest: Jeanne F. Schneider, City Clerk
Program; Downtown Resource Guide; Dubuque Buol moved adoption of the Resolution.
Dispute Resolution Center; Information and Seconded by Markham. Motion carried 7-0.
Regular Session, April 7, 2003 93
benefit at least 70 percent low/moderate income
Fiscal Year 2004/2005 Certification of Overall persons.
Benefit: City Manager recommending approval Section 2. That the City Manager is hereby
of a proposed change in the certification period authorized and directed to submit to the U.S.
for overall benefit of Community Development Department of Housing and Development the
Block Grant (CDBG) funds as per the two-year certification with the Fiscal Year 2004
Consolidated Plan, presented and read. Buol Annual Action Plan (Program Year 2003) for the
moved that the communication be received and use of Community Development Block Grant
filed. Seconded by Markham. Motion carried 7-funds.
0. Passed, approved and adopted this 7th day of
April 2003.
RESOLUTION NO. 99-03
Terrance M. Duggan, Mayor
A RESOLUTION AMENDING THE
Attest: Jeanne F. Schneider, City Clerk
CONSOLIDATED PLAN FOR 2001-2006 TO
Buol moved adoption of the Resolution.
EXTEND THE OVERALL BENEFIT FOR THE
Seconded by Markham. Motion carried 7-0.
AGGREGATE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
Parking Ticket Software: City Manager
FUNDS FOR FISCAL YEAR 2004 AND
recommending approval of the selection of EDC-
FISCAL YEAR 2005 ANNUAL PLANS
AIMS Corporation to provide parking ticket
(PROGRAM YEARS 2003 AND 2004)
software, presented and read. Buol moved that
Whereas, the U.S. Department of Housing and the communication be received and filed.
Urban Development (HUD) requires the City of Seconded by Markham. Motion carried 7-0.
Dubuque to prepare and submit a Consolidated
RESOLUTION NO. 100-03
Plan to plan for the coordinated use of federal,
RESOLUTION ACCEPTING A CONTRACT
state, and local funds to assist lower income
FOR THE PARKING DIVISION PARKING
residents with housing, jobs and services; and
ENFORCEMENT SOFTWARE PROJECT
Whereas, the City of Dubuque adopted a
Consolidated Plan for Fiscal Years 2001 through Whereas, the contract between the City of
2006 on May 1, 2000 by Resolution No. 185-Dubuque and EDC Corporation for the
2000; and replacement of parking enforcement software
Whereas, a three-year certification regarding and necessary equipment.
overall benefit was submitted with the NOW, THEREFORE, BE IT RESOLVED BY
Consolidated Plan for Fiscal Years 2001 through THE CITY COUNCIL OF THE CITY OF
2003 (Program Years 2000 through 2002) and DUBUQUE, IOWA:
one year certification for the remaining two Section 1. That the cost of said improvement is
years; and hereby determined to be $77,525.00 and the
Whereas, the City now propose to extend the said amount shall be paid from the Parking
overall benefit so that the aggregate use of Construction Fund.
CDBG funds for Fiscal Year 2004 and Fiscal Passed, approved and adopted this 7th day of
Year 2005 Annual Plans (Program years 2003 April, 2003.
and 2004) will principally benefit at least 70 Terrance M. Duggan, Mayor
percent low/moderate income persons. Attest: Jeanne F. Schneider, City Clerk
Whereas, said amendment is a non-Buol moved adoption of the Resolution.
substantial amendment as provided in the City's Seconded by Markham. Motion carried 7-0.
Citizen Participation Plan and must therefore be
approved by resolution of the City Council after Miller-Riverview Park Management Agree-
review by the Community Development Advisory ment: City Manager recommending approval of
Commission; and the management agreement for Miller-Riverview
Whereas, the Community Development Park with Pat Felderman, presented and read.
Advisory Commission reviewed the proposed Buol moved that the communication be received
amendment on March 20, 2003, and has voted and filed and approved recommendation.
to approve said amendment and recommend Seconded by Markham. Motion carried 7-0.
approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY Firefighters’ Grant Program: City Manager
THE CITY COUNCIL OF THE CITY OF recommending approval to submit a grant
DUBUQUE, IOWA: application in the amount of $208,000 to the
Section 1. That the Consolidated Plan is Federal Assistance for Firefighters Grant
hereby amended to extend the overall benefit so Program for replacing the Fire Department’s
that the aggregate use of Community self-contained breathing apparatus, presented
Development Block Grant funds for Fiscal Year and read. Buol moved that the communication
2004 and Fiscal Year 2005 Annual Plans be received and filed and approved
(Program Years 2003 and 2004) will principally
94 Regular Session, April 7, 2003
recommendation. Seconded by Markham. And Whereas, the terms of the Agreement
Motion carried 7-0. have now been met.
NOW, THEREFORE, BE IT RESOLVED BY
Old Mill Road – Acceptance of Deeds: City THE CITY COUNCIL OF THE CITY OF
Solicitor Bill Blum recommending acceptance of DUBUQUE, IOWA:
three deeds from property owners in the flood 1. The City of Dubuque, Iowa, hereby accepts
plain area on Old Mill Road, presented and read. the Deed from Michael J. McDermott and
Buol moved that the communication be received Barbara J. McDermott, a copy of which is
and filed. Seconded by Markham. Motion attached hereto.
carried 7-0. 2. The City Clerk is hereby authorized and
directed to record this Resolution and the Deed
RESOLUTION NO. 101-03
with the Dubuque County Recorder.
th
ACCEPTING THE DEED TO CERTAIN REAL
Passed, approved and adopted this 7 day of
ESTATE IN THE CITY OF DUBUQUE, IOWA
April, 2003.
FROM WAYNE L. LAUFENBERG SR. TRUST
Terrance M. Duggan, Mayor
Whereas, the City of Dubuque entered into an Attest: Jeanne F. Schneider, City Clerk
Agreement on March 11, 2003 with Wayne L. Buol moved adoption of the Resolution.
Laufenberg Sr. Trust for the purchase of certain Seconded by Markham. Motion carried 7-0.
real property in Dubuque County, Iowa,
RESOLUTION NO. 103-03
described as follows:
ACCEPTING THE DEED TO CERTAIN REAL
Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of
ESTATE IN THE CITY OF DUBUQUE, IOWA
Lot 1 of Lot 4, and Lot 1 of Lot 1 of Lot 2 of Lot 1
FROM ROBERT AND VALORA TIMMONS
of Lot 2 of Lot 1 of Lot 4 , of Mineral Lot 501, in
the City of Dubuque, Iowa, according to the Whereas, the City of Dubuque entered into an
recorded plat thereof, subject to easements of Agreement on March 11, 2003 with Robert and
record. Valora Timmons for the purchase of certain real
And Whereas, the terms of the Agreement property in Dubuque County, Iowa, described as
have now been met. follows:
NOW, THEREFORE, BE IT RESOLVED BY Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 507
THE CITY COUNCIL OF THE CITY OF in Section 1, Table Mound Township, in the City
DUBUQUE, IOWA: of Dubuque, Iowa, according to the recorded
1. The City of Dubuque, Iowa, hereby accepts plat thereof
the Deed from Wayne L. Laufenberg Sr. Trust, a And Whereas, the terms of the Agreement
copy of which is attached hereto. have now been met.
2. The City Clerk is hereby authorized and NOW, THEREFORE, BE IT RESOLVED BY
directed to record this Resolution and the Deed THE CITY COUNCIL OF THE CITY OF
with the Dubuque County Recorder. DUBUQUE, IOWA, AS FOLLOWS:
Passed, approved and adopted this 7th day of 1. The City of Dubuque, Iowa, hereby accepts
April, 2003. the Deed from Robert and Valora Timmons, a
Terrance M. Duggan, Mayor copy of which is attached hereto.
Attest: Jeanne F. Schneider, City Clerk 2. The City Clerk is hereby authorized and
Buol moved adoption of the Resolution. directed to record this Resolution and the Deed
Seconded by Markham. Motion carried 7-0. with the Dubuque County Recorder.
th
Passed, approved and adopted this 7 day of
RESOLUTION NO. 102-03
April, 2003.
ACCEPTING THE DEED TO CERTAIN REAL
Terrance M. Duggan, Mayor
ESTATE IN THE CITY OF DUBUQUE, IOWA
Attest: Jeanne F. Schneider, City Clerk
FROM MICHAEL J. MCDERMOTT AND
Buol moved adoption of the Resolution.
BARBARA J. MCDERMOTT
Seconded by Markham. Motion carried 7-0.
Whereas, the City of Dubuque entered into an
Agreement on March 11, 2003 with Michael J. Release of Escrow Agreement – Downtown
McDermott And Barbara J. McDermott for the Rehab Loan for Cooper Building: City Manager
purchase of certain real property in Dubuque recommending approval of the release of
County, Iowa, described as follows: escrow funds required as part of the financing
Lot 2 of “PAPKE PLACE”, Lot 2 of lot 1 of lot 2 for Cooper Development Company LLC’s
of lot 1 of lot 2 of lot 1 of lot 4 of Mineral Lot 501, renovation of the former Cooper Wagon Works
Lot 1 of lot 1 of lot 2 of lot 1 of lot 1 of lot 2 of lot building at 299 Main Street, presented and read.
1 of lot 4 of Mineral Lot 501, and, Lot 2 of lot 1 of Buol moved that the communication be received
lot 1 of lot 1 of lot 1 of lot 2 of lot 1 of lot 4 of and filed. Seconded by Markham. Motion
Mineral Lot 501, in the City of Dubuque, Iowa, carried 7-0.
according to the respective recorded Plats
thereof. Subject to easements of record.
Regular Session, April 7, 2003 95
RESOLUTION NO. 104-03
United States Department of Transportation:
Notice from the United States Department of Whereas, applications for Beer Permits have
Transportation – Office of the Secretary advising been submitted and filed to this Council for
of the decision to allow Mesaba Aviation, Inc., approval and the same have been examined
d/b/a Northwest Airlink, to suspend service at and approved: and
Dubuque as of May 13, 2003, presented and Whereas, the premises to be occupied by
read. Buol moved that the communication be such applicants were inspected and found to
received and filed. Seconded by Markham. comply with the Ordinances of the City and have
Motion carried 7-0. filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
Helping Services for Northeast Iowa – Drug THE CITY COUNCIL OF THE CITY OF
and Violence Prevention Grant: City Manager DUBUQUE, IOWA:
recommending that the Dubuque Police That the Manager be authorized to cause to be
Department partner with Helping Services of issued the following named applicants a Beer
Northeast Iowa in their application for a Drug Permit.
and Violence Prevention Grant from the Iowa CLASS “B” (SPECIAL 5-DAY EVENT)
Department of Public Health, presented and BEER PERMIT
read. Buol moved that the communication be DubuqueFest DubuqueFest+
th
received and filed and approved (Sunday Sale) 250 W 6 St
recommendation. Seconded by Markham. CLASS “C”BEER PERMIT
th
Motion carried 7-0. Mulgrew Oil Com 16 St Auto / Truck Plaza+
th
(Sunday Sale) 1215 E. 16 St
Federal Environmental Protection Agency A & T. LLC Plaza 20 Amoco+
State and Tribal Grant Program: City Manager (Sunday Sale) 2600 Dodge St
th
advising that an application for a $4 million Passed, approved and adopted this 7 day of
funding request to assist with expansion of the April, 2003.
nd
32 Street Detention Basin has been prepared Terrance M. Duggan, Mayor
and submitted to the Federal Environmental Attest: Jeanne F. Schneider, CMC, City Clerk
Protection Agency State and Tribal Grant Buol moved adoption of the Resolution.
Program, presented and read. Buol moved that Seconded by Markham. Motion carried 7-0.
the communication be received and filed.
RESOLUTION NO. 105-03
Seconded by Markham. Motion carried 7-0.
Whereas, applications for Liquor Licenses
Housing Commission: Communication from have been submitted to this Council for approval
Tom Swift submitting his resignation from the and the same have been examined and
Housing Commission, presented and read. approved; and
Buol moved that the communication be received Whereas, the premises to be occupied by such
and filed. Seconded by Markham. Motion applicants were inspected and found to comply
carried 7-0. with the State Laws and all City Ordinances
relevant thereto and they have filed proper
Eagle Window and Door: City Manager bonds.
recommending approval of the issuance of a NOW, THEREFORE, BE IT RESOLVED BY
Certificate of Completion and Estoppel THE CITY COUNCIL OF THE CITY OF
Certificate for Otto A, LLC, developer of the DUBUQUE, IOWA:
Eagle Window and Door property, presented That the Manager be authorized to cause to be
and read. Buol moved that the communication issued the following named applicants a Liquor
be received and filed and approved License.
recommendation. Seconded by Markham. CLASS “C” BEER/LIQUOR LICENSE
Motion carried 7-0. Aramark Educations Services Loras College+
(Sunday Sale) 1450 Alta Vista
Business License Refund: Request of Liquor Mary Kamp Noonan’s Tap+
Depot of Dubuque for a refund of their cigarette (Sunday Sale) 1618 Central Ave
license in the amount of $25.00, presented and GMRI Inc. Olive Garden #1516+
read. Buol moved that the communication be (Sunday Sale) 3350 Dodge St
received and filed and approved recom-Marco’s, Inc Marco’s Italian American Food
mendation. Seconded by Markham. Motion 2022 Central Ave
carried 7-0. Chad Streff Whiskey River+
(Sunday Sale) 1064 University Ave
Business Licenses: City of Dubuque ` Bunker Hill Golf+
(Sunday/Outdoor Sale) 2200 Bunker Hill
Neighbor’s Inc Neighbor’s Tap
1899 Rockdale Rd
96 Regular Session, April 7, 2003
Wagner’s Copper Kettle Copper Kettle Division and the Leisure Services Department;
2987 Jackson St and
CLASS “B” WINE Whereas, the City Council finds that the
Carroll’s Wine Company Carroll’s Wine disposition of the City’s interest under, over, and
Company 123 Main St across a portion of Lot 1 Heartland Place (lot
thth
Passed, approved and adopted this 7 day of located between 16 Street and Kerper Court
April 2003. behind the old Smithfield property) and Lot 1-2-1
Terrance M. Duggan, Mayor Byrnes Subdivision (which is the lot upon which
Attest: Jeanne F. Schneider, CMC, City Clerk Usha Park is located) is in the best interest of
Buol moved adoption of the Resolution. the City and that the request for the two
Seconded by Markham. Motion carried 7-0. easements should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
ITEMS TO BE SET FOR PUBLIC HEARING
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Voluntary Annexation – Wayne Stewart: City Section 1. That the City of Dubuque intends to
Manager recommending that a public hearing be dispose of its interest under, over, and across a
set for May 5, 2003 to consider a request from portion of Lot 1 Heartland Place (lot located
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Wayne Stewart for voluntary annexation of between 16 Street and Kerper Court behind the
property concurrent with rezoning for twenty old Smithfield property) and Lot 1-2-1 Byrnes
acres of land south of Old Highway Road and Subdivision (which is the lot upon which Usha
west of Seippel Road, presented and read. Park is located) by the issuance of easements to
Cline moved that the communication be Alliant Energy (Interstate Power & Light
received and filed and set Public Hearing for Company) for electrical telecommunication lines
5/5/03 at 6:30 P.M. in the public library in the City of Dubuque, Iowa.
auditorium and that the City Clerk publish notice Section 2. That the City Clerk be and is hereby
in the manner prescribed by law. Seconded by directed to cause a Notice of Intent of dispose of
Connors. Motion carried 7-0. such interest in said property to be published in
the manner as described by law.
th
Grants of Easement – Alliant Energy: City Passed, approved and adopted this 7 day of
Manager recommending that a public hearing be April, 2003.
set for April 21, 2003 to consider a request from Terrance M. Duggan, Mayor
Alliant Energy to install underground electrical Attest: Jeanne F. Schneider, CMC, City Clerk
telecommunication lines on City-owned property, Cline moved adoption of the Resolution and
known as Lot 1 Heartland Place (lot located further moved that this matter be set for Public
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between 16 Street and Kerper Court behind the Hearing on 4/21/03 at a meeting to commence
old Smithfield property) and Lot 1-2-1 Byrnes at 6:30 P.M. in the public library auditorium and
Subdivision which is the lot upon which Usha that the City Clerk publish notice in the manner
Park is located, presented and read. Cline prescribed by law. Seconded by Connors.
moved that the communication be received and Motion carried 7-0.
filed. Seconded by Connors. Motion carried 7-
0. Locust Street Connector Reconstruction
Project – Initiate: City Manager recommending
RESOLUTION NO. 106-03
initiation of the public bidding process for the
RESOLUTION OF INTENT TO DISPOSE OF
Locust Street Connector Reconstruction Project
CITY INTEREST UNDER, OVER, AND
and that a public hearing be set for May 5, 2003,
ACROSS A PORTION OF LOT 1 HEARTLAND
presented and read. Cline moved that the
PLACE AND LOT 1-2-1 BRYNES
communication be received and filed.
SUBDIVISION, DUBUQUE, IOWA, BY THE
Seconded by Connors. Motion carried 7-0.
ISSUANCE OF EASEMENTS TO ALLIANT
ENERGY (INTERSTATE POWER & LIGHT RESOLUTION NO. 107-03
COMPANY) PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
Whereas, the Alliant Energy (Interstate Power
& Light Company) requests to install NOW THEREFORE, BE IT RESOLVED BY
underground and overhead electrical THE CITY COUNCIL OF THE CITY OF
telecommunications lines at two locations: Lot 1 DUBUQUE, IOWA:
th
Heartland Place (lot located between 16 Street That the proposed plans, specifications, form
and Kerper Court behind the old Smithfield of contract and estimated cost for the Locust
property); and Lot 1-2-1 Byrnes Subdivision Street Connector Reconstruction Project, in the
(which is the lot upon which Usha Park is estimated amount $61,297.16 are hereby
located); and approved and ordered filed in the office of the
Whereas, the requested easements have been City Clerk for public inspection.
submitted and approved by the Engineering
Regular Session, April 7, 2003 97
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Passed, adopted and approved this 7 day of less than four days nor more than forty-five days
April, 2003. prior to the receipt of said bids at 2:00 p.m. on
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Terrance M. Duggan, Mayor the 24 day of April, 2003. Bids shall be opened
Attest: Jeanne F. Schneider, CMC, City Clerk and read by the City Clerk at said time and will
Cline moved adoption of the Resolution. be submitted to the Council for final action at
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Seconded by Connors. Motion carried 7-0. 6:30 p.m. on the 5 day of May, 2003.
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Passed, adopted and approved this 7 day of
RESOLUTION NO. 108-03
April, 2003.
FIXING DATE OF HEARING
Terrance M. Duggan, Mayor
ON PLANS AND SPECIFICATIONS
Attest: Jeanne F. Schneider, CMC, City Clerk
Whereas, the City Council of the City of Cline moved adoption of the Resolution.
Dubuque, Iowa has given its preliminary Seconded by Connors. Motion carried 7-0.
approval on the proposed plans, specifications,
and form of contract and placed same on file in Bonson Road Water Main Extension Project –
the office of the City Clerk for public inspection Initiate: City Manager recommending initiation
of the Locust Street Connector Reconstruction of the public bidding process for the Bonson
Project. Road Water Main Extension Project and that a
NOW THEREFORE, BE IT RESOLVED BY public hearing be set for May 5, 2003, presented
THE CITY COUNCIL OF THE CITY OF and read. Cline moved that the communication
DUBUQUE, IOWA: be received and filed. Seconded by Connors.
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That a public hearing will be held on the 5 Motion carried 7-0.
day of May, 2003, at 6:30 p.m. in the Public
RESOLUTION NO. 110-03
Library Auditorium at which time interested
PRELIMINARY APPROVAL OF
persons may appear and be heard for or against
PLANS AND SPECIFICATIONS
the proposed plans and specifications, form of
contract and cost of said improvement, and the NOW THEREFORE, BE IT RESOLVED BY
City Clerk be and is hereby directed to cause a THE CITY COUNCIL OF THE CITY OF
notice of time and place of such hearing to be DUBUQUE, IOWA:
published in a newspaper having general That the proposed plans, specifications, form
circulation in the City of Dubuque, Iowa, which of contract and estimated cost for the Bonson
notice shall be not less than four days nor more Road Watermain Extension Project, in the
than twenty days prior to the day fixed for its estimated amount $34,927.20 are hereby
consideration. At the hearing, any interested approved and ordered filed in the office of the
person may appear and file objections to the City Clerk for public inspection.
th
proposed plans, specifications, contract, or Passed, adopted and approved this 7 day of
estimated cost of the improvement. April, 2003.
th
Passed, adopted and approved this 7 day of Terrance M. Duggan, Mayor
April, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor Cline moved adoption of the Resolution.
Attest: Jeanne, F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0.
Cline moved adoption of the Resolution.
RESOLUTION NO. 111-03
Seconded by Connors. Motion carried 7-0.
FIXING DATE OF HEARING
RESOLUTION NO. 109-03 ON PLANS AND SPECIFICATIONS
ORDERING BIDS
Whereas, the City Council of the City of
NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa has given its preliminary
THE COUNCIL OF THE CITY OF DUBUQUE, approval on the proposed plans, specifications,
IOWA: and form of contract and placed same on file in
That the Locust Street Connector the office of the City Clerk for public inspection
Reconstruction Project is hereby ordered to be of the Bonson Road Watermain Extension
advertised for bids for construction. Project.
BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY
of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF
an amount which shall conform to the provisions DUBUQUE, IOWA:
th
of the Notice to Bidders hereby approved as a That a public hearing will be held on the 5
part of the plans and specifications heretofore day of May, 2003, at 6:30 p.m. in the Public
adopted. Library Auditorium at which time interested
That the City Clerk is hereby directed to persons may appear and be heard for or against
advertise for bids for the construction of the the proposed plans and specifications, form of
improvements herein provided, to be published contract and cost of said improvement, and the
in a newspaper having general circulation in the City Clerk be and is hereby directed to cause a
City of Dubuque, Iowa, which notice shall not be notice of time and place of such hearing to be
98 Regular Session, April 7, 2003
published in a newspaper having general That the proposed plans, specifications, form
circulation in the City of Dubuque, Iowa, which of contract and estimated cost for the Iowa
notice shall be not less than four days nor more Street Ramp Skywalk Improvement Project, in
than twenty days prior to the day fixed for its the estimated amount of $63,000.00 are hereby
consideration. At the hearing, any interested approved and ordered filed in the office of the
person may appear and file objections to the City Clerk for public inspection.
proposed plans, specifications, contract, or Passed, adopted, and approved this 7th day of
estimated cost of the improvement. April, 2003.
th
Passed, adopted and approved this 7 day of Terrance M. Duggan, Mayor
April, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor Cline moved adoption of the Resolution.
Attest: Jeanne, F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0.
Cline moved adoption of the Resolution.
RESOLUTION NO. 114-03
Seconded by Connors. Motion carried 7-0.
FIXING DATE OF HEARING
RESOLUTION NO. 112-03 ON PLANS AND SPECIFICATIONS
ORDERING BIDS
Whereas, the City Council of the City of
NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa has given its preliminary
THE COUNCIL OF THE CITY OF DUBUQUE, approval on the proposed plans, specifications,
IOWA: and form of contract and placed same on file in
That the Bonson Road Watermain Extension the office of the City Clerk for public inspection
Project is hereby ordered to be advertised for of the Iowa Street Ramp Skywalk Improvement
bids for construction. Project.
BE IT FURTHER RESOLVED, that the amount NOW, THEREFORE, BE IT RESOLVED BY
of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF
an amount which shall conform to the provisions DUBUQUE, IOWA:
of the Notice to Bidders hereby approved as a That on the 19th day of May, 2003, a public
part of the plans and specifications heretofore hearing will be held at 6:30 p.m. in the Public
adopted. Library Auditorium at which time interested
That the City Clerk is hereby directed to persons may appear and be heard for or against
advertise for bids for the construction of the the proposed plans and specifications, form of
improvements herein provided, to be published contract and cost of said improvement, and the
in a newspaper having general circulation in the City Clerk be and is hereby directed to cause a
City of Dubuque, Iowa, which notice shall not be notice of time and place of such hearing to be
less than four days nor more than forty-five days published in a newspaper having general
prior to the receipt of said bids at 2:00 p.m. on circulation in the City of Dubuque, Iowa, which
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the 24 day of April, 2003. Bids shall be opened notice shall be not less than four days nor more
and read by the City Clerk at said time and will than twenty days prior to the day fixed for its
be submitted to the Council for final action at consideration. At the hearing, any interested
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6:30 p.m. on the 5 day of May, 2003. person may appear and file objections to the
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Passed, adopted and approved this 7 day of proposed plans, specifications, contract, or
April, 2003. estimated cost of the improvement.
Terrance M. Duggan, Mayor Passed, adopted, and approved this 7th day of
Attest: Jeanne F. Schneider, CMC, City Clerk April, 2003.
Cline moved adoption of the Resolution. Terrance M. Duggan, Mayor
Seconded by Connors. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Iowa Street Ramp Skywalk Improvement Seconded by Connors. Motion carried 7-0.
Project – Initiate: City Manager recommending
RESOLUTION NO. 115-03
initiation of the public bidding process for the
ORDERING BIDS
Iowa Street Ramp Skywalk Improvement Project
and that a public hearing be set for May 19, NOW, THEREFORE, BE IT RESOLVED BY
2003, presented and read. Cline moved that the THE COUNCIL OF THE CITY OF DUBUQUE,
communication be received and filed. IOWA:
Seconded by Connors. Motion carried 7-0. That the Iowa Street Ramp Skywalk
Improvement Project is hereby ordered to be
RESOLUTION NO. 113-03
advertised for bids for construction.
PRELIMINARY APPROVAL OF
BE IT FURTHER RESOLVED, that the amount
PLANS AND SPECIFICATIONS
of the security to accompany each bid shall be in
NOW, THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions
THE CITY COUNCIL OF THE CITY OF of the Notice to Bidders hereby approved as a
DUBUQUE, IOWA:
Regular Session, April 7, 2003 99
RESOLUTION NO. 117-03
part of the plans and specifications heretofore
RESOLUTION TO SUPPORT IOWANS
adopted.
CALLED TO DUTY BY PASSING THE
That the City Clerk is hereby directed to
SERVICE MEMBER SUPPORT AGENDA
advertise for bids for the construction of the
improvements herein provided, to be published Whereas, more than 2,000 Iowans in the
in a newspaper having general circulation in the National Guard, the Reserve and on active duty
City of Dubuque, Iowa, which notice shall not be have been called to duty in Iraq and for
less than four days nor more than forty-five days Homeland Security; and
th
prior to the receipt of bids at 2:00 p.m. on the 6 Whereas, these Iowans are disrupting their
day of May, 2003. Bids shall be opened and lives and families to serve their country; and
read by the City Clerk at said time and will be Whereas, the “Service Members Support
submitted to the City Council for final action at Agenda” is a collection of common sense
6:30 p.m. on the 19th day of May, 2003. suggestions developed in consultation with Iowa
Passed, adopted and approved this 7th day of service members that the State of Iowa can do
April, 2003. to help ease the stresses they and their families
Terrance M. Duggan, Mayor face. These are no-cost and low-cost steps that
Attest: Jeanne F. Schneider, CMC, City Clerk include delayed filing of taxes, tuition rebates for
Cline moved adoption of the Resolution. students forced to leave classes for the military,
Seconded by Connors. Motion carried 7-0. allowing service members to deduct military
expenses, and the elimination of state taxes on
BOARDS/COMMISSIONS
death benefits; and
Whereas, in a month the Iowa Legislature is
Applicants are invited to address the Council scheduled to finish its session and none of these
regarding their desire to serve on the following messages have passed the Legislature.
Board: NOW, THEREFORE, BE IT RESOLVED BY
MECHANICAL CODE BOARD (Two 3-Year THE CITY COUNCIL OF THE CITY OF
Terms to Expire 3/16/06 – Terms of Geisler and DUBUQUE, IOWA:
Willenborg); Applicants: Todd Geisler and Section 1. That the Dubuque City Council urge
Harlan J. Willenborg. No one spoke. the Iowa Legislature make supporting Iowans
called to duty a top priority and consider these
ACTION ITEMS
measures on the floor of the Iowa House and
Senate as soon as possible and take action
Convention and Visitors Bureau: Sue before the end of the session.
Czeshinski, Convention and Visitors Bureau, Passed, approved and adopted this 7th day of
gave a verbal quarterly report about the April, 2003.
successes of the Bureau. Cline moved that the Terrance M. Duggan, Mayor
proof be received and filed. Seconded by Attest: Jeanne F. Schneider, City Clerk
Nicholson. Motion carried 7-0. Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Penalties for Tobacco Permit Holders: Police
Chief recommending the assessment of civil Brownfield Economic Development Initiative:
penalties against two tobacco permit holders Communication from the Community
and a communication from Attorney Art Gilloon Development Advisory Commission regarding
regarding the hearing for the Kwik Stop, the Brownfield Economic Development Initiative
presented and read. Markham moved that the (BEDI), presented and read. Nicholson moved
communications be received and filed and that the communication be received and filed.
assessed penalty but withheld Kwik Stop at this Seconded by Cline. Motion carried 7-0.
time. Seconded by Nicholson. Motion carried
7-0. Arbor Glen Apartments First Addition – Final
Plat: City Manager recommending approval of
Service Member Support Agenda: the final plat of Arbor Glen Apartments First
Communication from Senator Steve Warnstadt Addition and acceptance of the dedication of the
requesting City Council support of the “Service extension of Raven Oaks Drive, presented and
Member Support Agenda” and communication read. Buol moved that the communication be
from Emily Whitehead, Iowa Senate Democratic received and filed. Seconded by Nicholson.
Research Staff, requesting City Council support Motion carried 7-0.
of the “Service Member Support Agenda,”
RESOLUTION NO. 116-03
presented and read. Michalski moved that the
A RESOLUTION APPROVING THE FINAL
communications be received and filed.
PLAT OF ARBOR GLEN APARTMENTS
Seconded by Nicholson. Motion carried 7-0.
FIRST ADDITION, IN THE CITY OF
DUBUQUE, IOWA
100 Regular Session, April 7, 2003
Whereas, there has been filed with the City And, further provided that said Arbor Group,
Clerk a final plat of Arbor Glen Apartments First LLC, as owners of said property, shall secure
Addition, in the City of Dubuque, Iowa; and the performance of the foregoing conditions
Whereas, upon said final plat appears streets provided in this Section by providing guarantees
to be known as Raven Oaks Drive (Lot A) in such form and with such sureties as may be
together with certain public utility and surface acceptable to the City Manager of the City of
drainage easements, which the owners by said Dubuque, Iowa.
final plat have dedicated to the public forever; Section 3. Sidewalk installation shall be the
and responsibility of the owner abutting the public
Whereas, the conceptual plan has been rights-of-way, including lots with multiple
examined by the Zoning Advisory Commission frontages, as required by City Code 41-161
and had its approval endorsed thereon; and through 41-164. The responsibility shall extend
Whereas, said final plat has been reviewed by to all successors, heirs and assignees.
the City Planner and had her approval endorsed Sidewalk installation will not be required until the
thereon, subject to the owners agreeing to the development of the lot has been completed,
conditions noted in Section 2 below; and except as required herein. In sparsely
Whereas, said final plat has been examined by developed subdivisions, sidewalks on developed
the City Council and they find that it conforms to lots will not be required until 50% of the lots
the statutes and ordinances relating to it, except approved by the plat have been developed. All
that no streets or public utilities have yet been vacant lots shall have sidewalks installed upon
constructed or installed. development of 80% of the lots approved by the
NOW, THEREFORE, BE IT RESOLVED BY plat.
THE CITY COUNCIL OF THE CITY OF Section 4. The developer will construct and
DUBUQUE, IOWA: maintain the detention facility to operate and
Section 1. That the dedication of Raven Oaks function as originally designed constructed as
Drive (Lot A) together with the easements for part of Arbor Glen Apartments First Addition, in
public utilities as they appear upon said final accordance with all state and local codes and
plat, be and the same are hereby accepted; and regulations.
Section 2. That the final plat of Arbor Glen Section 5. To install sanitary sewer mains and
Apartments First Addition is hereby approved sewer service laterals to each individual
and the Mayor and City Clerk are hereby apartment building.
authorized and directed to endorse the approval Section 6. That the final acceptance of all
of the City of Dubuque, Iowa, upon said final public improvements shall occur upon
plat, provided the owners of said property herein certification of the City Engineer to the City
named, execute their written acceptance hereto Council that all public improvements have been
attached agreeing: completed in accordance with the improvement
(a) To reduce Raven Oaks Drive (Lot A) to plans and City standard specifications and
grade and to construct concrete curb and gutter accepted by City Council Resolution.
and to hard surface with asphaltic concrete, or Section 7. That in the event Arbor Group, LLC
with concrete paving with integral curb, all in fails to execute the acceptance and furnish the
accordance with the City of Dubuque standard guarantees provided in Section 3 hereof within
specifications, all in a manner acceptable to the 180 days after the date of this Resolution, the
City Engineer, in conformance with construction provisions hereof shall be null and void and the
improvement plans approved by the City acceptance of the dedication and approval the
Engineer, and inspected by the City Engineer. plat shall not be effective.
(b) To install water main, storm sewers and Passed, approved and adopted this 7th day of
catch basins, boulevard street lighting and April 2003.
erosion control devices all in accordance with Terrance M. Duggan, Mayor
the City of Dubuque standard specifications, all Attest: Jeanne F. Schneider, City Clerk
in a manner acceptable to the City Engineer, Buol moved adoption of the Resolution.
and in accordance with construction Seconded by Nicholson. Motion carried 7-0.
improvement plans approved by the City
Engineer, and inspected by the City Engineer. Riverwalk, Amphitheater and Rivers Edge
(c) To construct said improvements, prior to Plaza Usage Policies: City Manager
two (2) years from the date of acceptance of this recommending approval of Usage Policies for
resolution, at the sole expense of the owners, or the Riverwalk, Amphitheater and Rivers Edge
future owner; Plaza, presented and read. Buol moved that the
(d) To maintain the public improvements, for a communication be received and filed. Seconded
period of two (2) years from the date of the by Nicholson. Motion carried 7-0.
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the An Ordinance Amending the City of Dubuque
owners, or future owner; Code of Ordinances Chapter 34 Parks and
Regular Session, April 7, 2003 101
AMPHITHEATER, AND THE MISSISSIPPI
Recreation by amending Sec. 34-52(A)
RIVERWALK; BY AMENDING SEC. 34-119
Intoxicating beverages prohibiting the
CHANGING MUNICIPAL SWIMMING POOL
consumption or use of alcoholic liquors or wine
TO NICHOLAS J. SUTTON SWIMMING POOL;
in parks by exempting therefrom events at
BY AMENDING SEC. 34-127 CHANGING
Alliant Energy Amphitheater; by amending Sec.
SUNNSLOPES PARK TO TEDDY BEAR
34-52(D) Prohibiting the consumption or use of
PARK; BY ADDING A NEW SEC. 34-133
beer In parks by changing Sunnyslopes Park to
DESIGNATING RILEY PARK; BY ADDING A
Teddy Bear Park and by adding thereto Riley
NEW SEC. 34-134 DESIGNATING HARVEST
Park, Harvest View Park, Ice Harbor Park, the
VIEW PARK; BY ADDING A NEW SEC. 34-135
American Trust River’s Edge Plaza, and the
DESIGNATING THE AMERICAN TRUST
Mississippi Riverwalk; by amending Sec. 34-
RIVER’S EDGE PLAZA; BY ADDING A NEW
74(H) establishing park hours by changing
SEC. 34-136 DESIGNATING THE MISSISSIPPI
Sunnyslopes Park to Teddy Bear Park and
RIVERWALK; BY ADDING A NEW SEC. 34-
adding thereto Riley Park, Harvest View Park,
137 DESIGNATING ALLIANT ENERGY
and Ice Harbor Park; by adding a new Sec. 34-
AMPHITHEATER; BY ADDING A NEW SEC.
74(K) providing for parks that are open twenty-
34-138 DESIGNATING ICE HARBOR PARK;
fours per day and including the American Trust
AND BY ADDING A NEW SEC. 34-139
River’s Edge Plaza, Alliant Energy
DESIGNATING WELU PARK.
Amphitheater, and the Mississippi Riverwalk; by
amending Sec. 34-119 changing Municipal Section 1. Sec. 34-52(a) of the City of
Swimming Pool to Nicholas J. Sutton Swimming Dubuque Code of Ordinances is amended to
Pool; by amending Sec. 34-127 changing read as follows:
Sunnyslopes Park to Teddy Bear Park; by Sec. 34-52. Intoxicating Beverages:
adding a new Sec. 34-133 designating Riley (a) The consumption or use of "alcoholic
Park; by adding a new Sec. 34-134 designating liquors" or "wine" as defined by chapter 123 of
Harvest View Park; by adding a new Sec. 34-the Code of Iowa or any type of wine product is
135 designating the American Trust River’s prohibited in any public park or park and
Edge Plaza; by adding a new Sec. 34-136 recreation facility including park roadways and
designating the Mississippi Riverwalk; by adding parking lots. This paragraph shall not apply,
a new Sec. 34-137 designating Alliant Energy however, to the consumption or use of alcoholic
Amphitheater; by adding a new Sec. 34-138 liquors or wine in Four Mounds Park at an event
designating Ice Harbor Park; and by adding a sponsored or expressly approved by the Four
new Sec. 34-139 designating Welu Park, Mounds Foundation, or at public events
presented and read. sponsored by non-profit organizations held at
the American Trust River’s Edge Plaza or the
OFFICIAL PUBLICATION
Mississippi Riverwalk and for which a special
ORDINANCE NO. 20-03
events permit has been issued, or at an event at
AMENDING THE CITY OF DUBUQUE CODE
the Alliant Energy Amphitheater for which a
OF ORDINANCES CHAPTER 34 PARKS AND
special events permit has been issued.
RECREATION BY AMENDING SEC. 34-52(a)
Section 2. Sec. 34-52(d) of the City of
INTOXICATING BEVERAGES PROHIBITING
Dubuque Code of Ordinances is amended to
THE CONSUMPTION OR USE OF
read as follows:
ALCOHOLIC LIQUORS OR WINE IN PARKS
(d) The consumption or use of beer is
BY EXCEPTING THEREFROM EVENTS AT
prohibited in the following named parks:
ALLIANT ENERGY AMPHITHEATER; BY
Alliant Energy Amphitheater
AMENDING SEC. 34-52(d) PROHIBITING THE
The American Trust River’s Edge Plaza
CONSUMPTION OR USE OF BEER IN PARKS
Allison-Henderson Park
BY CHANGING SUNNYSLOPES PARK TO
Avon Park
TEDDY BEAR PARK AND BY ADDING
Burden Park
THERETO RILEY PARK, HARVEST VIEW
Caledonia Park
PARK, ICE HARBOR PARK, THE AMERICAN
Cleveland Park
TRUST RIVER’S EDGE PLAZA, AND THE
Comiskey Park
MISSISSIPPI RIVERWALK; BY AMENDING
E.B. Lyons Prairie/Woodland Preserve
SEC. 34-74(h) ESTABLISHING PARK HOURS
Elmwood Green Park
BY CHANGING SUNNYSLOPES PARK TO
Falk Park
TEDDY BEAR PARK AND ADDING THERETO
Flat Iron Park
RILEY PARK, HARVEST VIEW PARK, AND
Gay Park
ICE HARBOR PARK; BY ADDING A NEW
Granger Creek Nature Trail
SEC. 34-74(k) PROVIDING FOR PARKS THAT
Grant Park
ARE OPEN TWENTY-FOURS PER DAY AND
Harvest View Park
INCLUDING THE AMERICAN TRUST RIVER’S
Heritage Trail
EDGE PLAZA, ALLIANT ENERGY
Hillcrest Park
102 Regular Session, April 7, 2003
Hilltop Park Marna Ridge Children's Forest
Ice Harbor Park Medical Associates Greenbelt
Jackson Park Oakwood Park
Jefferson Park Pinard Park
Madison Park Riley Park
Marna Ridge Children's Forest Rocco Buda Jr. Park
Medical Associates Greenbelt Southern Park
Mississippi Riverwalk Teddy Bear Park
Nicholas J. Sutton Swimming Pool Usha Park
Pinard Park Valentine Park
Riley Park Valley High Park
Rocco Buda Jr. Park Waller-Cooper Park
Southern Park Washington Park
Teddy Bear Park Welu Park
Usha Park Section 4. Sec. 34-74 of the City of Dubuque
Valentine Park Code of Ordinances is amended by adding
Valley High Park thereto the following new paragraph:
Waller-Cooper Park (k) The following parks shall be open for use
Washington Park by the public twenty-four (24) hours per day:
Welu Park Alliant Energy Amphitheater
This paragraph shall not apply, however, to the The American Trust River’s Edge Plaza
consumption or use of beer at public events The Mississippi Riverwalk
sponsored by non-profit organizations held at Section 5. Sec. 34-119 of the City of Dubuque
the American Trust River’s Edge Plaza or the Code of Ordinances is amended to read as
Mississippi Riverwalk and for which a special follows:
events permit has been issued, or at an event at Sec. 34-119. Nicholas J. Sutton Swimming
the Alliant Energy Amphitheater for which a Pool:
special events permit has been issued. The following described parcel of real estate is
This paragraph shall also not apply to the and shall be continued to be known, called and
consumption or use of beer in a park for an named as " Nicholas J. Sutton Swimming Pool"
event with the prior written approval of the City and placed under the jurisdiction of the Park and
Manager. Recreation Advisory Commission:
Section 3. Sec. 34-74(h) of the City of Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333
Dubuque Code of Ordinances is amended to in Ham's Addition; that part of vacated Garfield
read as follows: Avenue lying adjacent to Lots 45, 46, 331 and
Sec. 34-74. Open Season And Hours 332 in Ham's Addition; that part of vacated
Generally: Summer Street lying adjacent to Lots 44, 45, 46,
(h) The following parks and park and 47, 48, 331, 332 and 333 in Ham's Addition; and
recreation facilities shall be open for use by the that part of the vacated alley lying adjacent to
public from seven o'clock (7:00) A.M. to ten Lots 46 and 47 in Ham's Addition, all in the City
o'clock (10:00) P.M. daily: of Dubuque, Iowa.
Allison-Henderson Park Section 6. Sec. 34-127 of the City of Dubuque
Avon Park Code of Ordinances is amended to read as
Burden Park follows:
Caledonia Park Sec. 34-127. Teddy Bear Park:
Cleveland Park The following described parcel of real estate is
Comiskey Park and shall be used for public park purposes and
Elmwood Green Park shall be continued to be known, called and
Falk Park named as " Teddy Bear Park" and placed under
Flat Iron Park the jurisdiction of the Park and Recreation
Flora Park Advisory Commission:
Gay Park Lot 1 of Block 19, Sunnyslopes Estates in the
Granger Creek Nature Trail City of Dubuque, Iowa.
Grant Park Section 7. The City of Dubuque Code of
Harvest View Park Ordinances is amended by adding thereto the
Heritage Trail following new section:
Hillcrest Park Sec. 34-133. Riley Park:
Hilltop Park The following described parcel of real estate is
Ice Harbor Park and shall be used for public park purposes and
Jackson Park shall be continued to be known, called and
Jefferson Park named as “Riley Park” and placed under the
Madison Park
Regular Session, April 7, 2003 103
jurisdiction of the Park and Recreation Advisory tracks east of Bell Street, and adjacent to the
Commission: former Dubuque Star Brewery.
Lot E of Crescent Heights, a subdivision of Lot 1 Section 12. The City of Dubuque Code of
of Lot 2 of Mineral Lot 290, Lot 1 of Mineral Lot Ordinances is amended by adding thereto the
290, and Lot 2 of Mineral Lot 285, in the City of following new section:
Dubuque, Iowa. Sec. 34-138. Ice Harbor Park:
Section 8. The City of Dubuque Code of The following described parcel of real estate is
Ordinances is amended by adding thereto the and shall be used for public park purposes and
following new section: shall be continued to be known, called and
Sec. 34-134. Harvest View Park: named as “Ice Harbor Park” and placed under
The following described parcel of real estate is the jurisdiction of the Park and Recreation
and shall be used for public park purposes and Advisory Commission:
shall be continued to be known, called and The area of the Port of Dubuque between the
named as “Harvest View Park” and placed under Portside Building and the National Mississippi
the jurisdiction of the Park and Recreation River Museum and Aquarium.
Advisory Commission: Sec. 34-139. Welu Park:
Lot A of Harvest View Estates, Lot 1 of Lot 1 of The following described parcel of real estate is
Lot 1 of Lot 1 and Lot 2 of Lot 2 of Lot 1 of the and shall be used for public park purposes and
east half of the southwest quarter of section 16, shall be continued to be known, called and
th
T89N, R2E of the 5 principal meridian in the named as “Welu Park” and placed under the
City of Dubuque, Iowa. jurisdiction of the Park and Recreation Advisory
Section 9. The City of Dubuque Code of Commission:
Ordinances is amended by adding thereto the Lot 22 of Sunset Park Eighth Addition to the
following new section: City of Dubuque, Iowa
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Sec. 34-135. The American Trust River’s Edge Passed, approved and adopted this 7day of
Plaza: April, 2003.
The following described parcel of real estate is Terrance M. Duggan, Mayor
and shall be used for public park purposes and Attest: Jeanne F. Schneider, City Clerk
shall be continued to be known, called and Published officially in the Telegraph Herald the
th
named as “The American Trust River’s Edge 11 day of April, 2003.
Plaza” and placed under the jurisdiction of the /s/Jeanne F. Schneider, CMC, City Clerk
Park and Recreation Advisory Commission: 1t 4/11
That area, including the flat area, steps and Buol moved that the requirement that a
ramp, outside the floodwall at the Port of proposed Ordinance be considered and voted
Dubuque at the south end of the Mississippi on for passage at two Council Meetings prior to
Riverwalk. the meeting at which it is to be finally passed be
Section 10. The City of Dubuque Code of suspended and further moved final
Ordinances is amended by adding thereto the consideration and passage of the Ordinance.
following new section: Seconded by Nicholson. Motion carried 7-0.
Sec. 34-136. Mississippi Riverwalk:
The following described parcel of real estate is Extension of Highway 20 Building Permit
and shall be used for public park purposes and Moratorium: City Manager recommending
shall be continued to be known, called and approval of a request from the Iowa Department
named as “Mississippi Riverwalk” and placed of Transportation to extend the building permit
under the jurisdiction of the Park and Recreation moratorium on Highway 20 through May 1,
Advisory Commission: 2004, presented and read. Buol moved that the
The walkway on the floodwall between The communication be received and filed. Seconded
American Trust River’s Edge Plaza and the by Nicholson. Motion carried 7-0.
Alliant Energy Amphitheater.
Section 11.The City of Dubuque Code of An Ordinance Amending Chapter 11 (Buildings
Ordinances is amended by adding thereto the and Building Regulations) of the City of
following new section: Dubuque Code of Ordinances by amending
Sec. 34-137. Alliant Energy Amphitheater: Section 11-58.1 of the City of Dubuque Code of
The following described parcel of real estate is Ordinances by establishing a twelve month
and shall be used for public park purposes and moratorium on the issuance of permits for work
shall be continued to be known, called and in the U.S. Highway 20 corridor, presented and
named as “Alliant Energy Amphitheater” and read.
placed under the jurisdiction of the Park and
OFFICIAL PUBLICATION
Recreation Advisory Commission:
ORDINANCE NO. 21-03
The area of the Port of Dubuque west of the
AN ORDINANCE AMENDING CHAPTER 11
Mississippi Riverwalk, south of the railroad
(BUILDINGS AND BUILDING REGULATIONS)
104 Regular Session, April 7, 2003
OF THE CITY OF DUBUQUE CODE OF
communication be received and filed. Seconded
ORDINANCES BY AMENDING SECTION 11-
by Connors. Motion carried 7-0.
58.1 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ESTABLISHING A TWELVE
An Ordinance Amending Chapter 11 (Buildings
MONTH MORATORIUM ON THE ISSUANCE
and Building Regulations) of the City of
OF PERMITS FOR WORK IN THE U.S.
Dubuque Code of Ordinances by amending
HIGHWAY 20 CORRIDOR
Section 11-58.3 of the City of Dubuque Code of
Whereas, the Iowa and Illinois Departments of Ordinances by establishing a twelve month
Transportation has conducted a U.S 20 moratorium on the issuance of permits for work
Mississippi River Crossing Study and in the IA 32/Southwest Arterial Corridor,
determined the right-of-way needs for the presented and read.
project; and
OFFICIAL PUBLICATION
Whereas, the issuance of permits in the
ORDINANCE NO. 22-03
proposed right-of-way of U.S. 20 could impact
AN ORDINANCE AMENDING CHAPTER 11
the project negatively.
(BUILDINGS AND BUILDING REGULATIONS)
NOW, THEREFORE, BE IT ORDAINED BY
OF THE CITY OF DUBUQUE CODE OF
THE CITY COUNCIL OF THE CITY OF
ORDINANCES SECTION 11-58.3
DUBUQUE, IOWA:
ESTABLISH-ING A MORATORIUM ON THE
Section 1. Chapter 11 (Buildings and Building
ISSUANCE OF PERMITS FOR WORK IN THE
regulations) of the City of Dubuque Code of
IA32-SOUTHWEST ARTERIAL CORRIDOR BY
Ordinances is hereby amended by amending
EXTENDING SUCH MORATORIUM FOR
Section 11-58.1 as follows:
TWELVE MONTHS.
Section 11-58.1 Moratorium – for work in the
U.S. 20 Corridor. The building official shall not Whereas, the Iowa Department of
issue any permit for any new construction or Transportation (IDOT) and the City of Dubuque
substantial enlargement, alteration, repair or are conducting an IA32-Southwest Arterial
remodeling of any structure, building, or sign in Corridor Study, which will include the
the U.S. 20 (Dodge Street), but not to include determination of a preferred alignment; and
demolition, from the eastern corporate limits of Whereas, Section 11-58.3 of the City of
the City of Dubuque westerly to the intersection Dubuque Code of Ordinances establishing a
of U.S. 20 (Dodge Street) with Bluff Street, as moratorium on the issuance of permits for work
shown on the map on file in the Office of the City in the corridor; and
th
Clerk, 50 West 13 Street, Dubuque, Iowa, Whereas, the IDOT has requested that the
during a period from May 2, 2003 to May 1, City of Dubuque extend said moratorium an
2004, except where a vested right to the additional twelve months to allow the City to
issuance of such permit accrued prior to May 1, further explore alternative routes and
2001 environmental impacts; and
Section 2. This Ordinance shall take effect on Whereas, the City of Dubuque desires to
May 1, 2003. minimize potential development conflicts during
th
Passed, approved and adopted this 7 day of this study by extending the moratorium for the
April, 2003. IA32 - Southwest Arterial Corridor.
Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT ORDAINED BY
Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF
Published officially in the Telegraph Herald the DUBUQUE, IOWA:
th
11 day of April, 2003. Section 1. Chapter 11 (Buildings and Building
Jeanne F. Schneider, CMC, City Clerk Regulations) of the City of Dubuque Code of
1t 4/11 Ordinances Section 11-58.3 is hereby amended
Buol moved that the requirement that a as follows:
proposed Ordinance be considered and voted Section 11-58.3 Moratorium – for work in the
on for passage at two Council Meetings prior to IA32-Southwest Arterial Corridor. The Building
the meeting at which it is to be finally passed be Official shall not issue any permit for any new
suspended and further moved final construction or substantial enlargement,
consideration and passage of the Ordinance. alteration, repair or remodeling of any structure,
Seconded by Nicholson. Motion carried 7-0. building, or sign in the IA32-Southwest Arterial
Corridor but not to include demolition, as shown
IA 32 / Southwest Arterial Corridor Building on the map on file in the Office of the City Clerk,
th
Permit Moratorium: City Manager 50 West 13 Street, Dubuque, Iowa, during a
recommending approval of a request by the period from the date of publication of this
Iowa Department of Transportation to extend the ordinance to May 1, 2004, except where a
building permit moratorium in the IA vested right to the issuance of such permit
32/Southwest Arterial Corridor through May 1, accrued prior to November 20, 2000.
2004, presented and read. Buol moved that the
Regular Session, April 7, 2003 105
RATES FOR RESIDENTIAL AND
Section 2. This Ordinance shall take effect
COMMERCIAL USERS.
upon publication, as provided by law.
th
Passed, approved and adopted this 7 day of NOW, THEREFORE, BE IT ORDAINED BY
April, 2003. THE CITY COUNCIL FOR THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. Ordinance No. 10-03 is hereby
Published officially in the Telegraph Herald the repealed.
th
11 day of April, 2003. Section 2. Section 44-83 (a)(2) of the Code of
Jeanne F. Schneider, CMC, City Clerk Ordinances, City of Dubuque, Iowa is hereby
1t 4/11 amended to read as follows:
Buol moved that the requirement that a Rates per each one hundred (100) cubic
proposed Ordinance be considered and voted feet…..$ 1.64
on for passage at two Council Meetings prior to Section 3. Section 44-83 (a)(3)g. of the Code
the meeting at which it is to be finally passed be of Ordinances, City of Dubuque, is hereby
suspended and further moved final amended to read as follows:
consideration and passage of the Ordinance. Where the quantity of water consumed is such
Seconded by Connors. Motion carried 7-0. that the minimum service is charged, the
minimum sewer service charge, according to the
Social Security Coverage for Part-Time size of the meter, shall be as follows:
Elected Officials: City Manager submitting Meter Size Minimum Allowance
information from IPERS relative to social (inches) Charge (cubic feet)
security coverage for part-time elected officials, 5/8 $ 3.28 200
presented and read. Buol moved to receive 3/4 $ 8.20 500
and file and leave as is. Seconded by 1 or larger $13.12 800
Nicholson. Carried by the following vote: Section 4. This Ordinance shall take effect on
Yeas—Buol, Cline, Connors, Duggan, Michalski, the first day of July, 2003.
th
Nicholson. Nays—Markham. Passed, approved and adopted this 7 day of
April, 2003.
Gateway Signs: City Manager submitting Terrance M. Duggan, Mayor
information on a request from the Dubuque Attest: Jeanne F. Schneider, City Clerk
Rotary Club to initiate a Community Gateway Published officially in the Telegraph Herald the
th
Signage Program and requesting Council 11 day of April, 2003.
direction, presented and read. Jeanne F. Schneider, CMC, City Clerk
Gary Olson and Tom Reilly spoke clarifying 1t 4/11
aspects of the requested signage. Buol moved that the requirement that a
Nicholson moved that the communication be proposed Ordinance be considered and voted
received and filed and approved request. on for passage at two Council Meetings prior to
Seconded by Connors. Motion carried 7-0. the meeting at which it is to be finally passed be
suspended and further moved final
Fiscal Year 2004 Sewer Service Charge: City consideration and passage of the Ordinance.
Manager recommending approval of an Seconded by Connors. Motion carried 7-0.
amended ordinance establishing basic sewer
rates for residential and commercial users, At 7:23 P.M. Buol moved to go into Closed
presented and read. Buol moved that the Session re: Pending Litigation and Property
communication be received and filed. Seconded Acquisition – Chapter 21.5(1)(c)(j) 2001 Code of
by Connors. Motion carried 7-0. Iowa. Seconded by Markham. Motion carried 7-
0.
An Ordinance Repealing Ordinance No. 10-03
amending the Code of Ordinances of the City of At 7:43 P.M. Council reconvened Regular
Dubuque, Iowa, Sections 44-83(a)(2) and 44-83 Session stating that Staff had been given proper
(a)(3)g. Establishing basic sewer rates for direction.
residential and commercial users, presented and
read. There being no further business, Buol moved
to adjourn. Seconded by Markham. Motion
OFFICIAL PUBLICATION
carried 7-0. The meeting adjourned at 7:45
ORDINANCE NO. 23-03
P.M.
AN ORDINANCE REPEALING ORDINANCE
NO. 10-03 AMENDING THE CODE OF
/s/ Jeanne F. Schneider, CMC
ORDINANCES OF THE CITY OF DUBUQUE,
City Clerk
IOWA, SECTIONS 44-83 (a)(2) AND 44-83
1t 4/16
(a)(3)g. ESTABLISHING BASIC SEWER
Regular Session, April 21, 2003 107
that the claims and suits be referred to the Legal
DUBUQUE
Staff for investigation and report. Seconded by
Connors. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Wagner Subdivision – Final Plat: Zoning
PROCEEDINGS
Advisory Commission recommending approval
of the final plat of Wagner Subdivision located at
City Council, Regular Session, April 21, 2003
2711 Brunskill Road, presented and read. Buol
Council met in Regular Session at 6:30 P.M. in
moved that the communication be received and
the Library Auditorium
filed. Seconded by Connors. Motion carried 7-
0.
Present: Mayor Duggan, Council Member
RESOLUTION NO. 118-03
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, RESOLUTION APPROVING THE FINAL PLAT
Corporation Counsel Barry Lindahl. OF WAGNER SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA.
Mayor Duggan read the call and stated this is
Whereas, there has been filed with the City
a regular session of the City Council called the
Clerk a Final Plat of Wagner Subdivision in the
purpose of discussing such matters which may
City of Dubuque, Iowa; and
properly come before the City Council.
Whereas, said plat of survey has been
examined by the Zoning Advisory Commission
Invocation was given by Sister Paula Maloy,
and had its approval endorsed thereon; and
SVM.
Whereas, said plat of survey has been
examined by the City Council and they find that
Proclamations: Commendation of Fire Rescue
it conforms to the statues and ordinances
received by various Police and Fire Officers;
relating thereto.
Sexual Assault Awareness Month (April, 2003);
NOW THEREFORE, BE IT RESOLVED BY
Community Development Week (April 21 – 27,
THE CITY COUNCIL OF THE CITY OF
2003) received by Sister Paula Maloy; Arbor
DUBUQUE, IOWA:
Day (April 26, 2003); and Make-A-Wish Week
Section 1. That the Final Plat of Wagner
(April 27 – May 3, 2003) received by Dave
Subdivision is hereby approved, and the Mayor
Jewett and Sandy Steuer.
and City Clerk are hereby is authorized and
directed to endorse the approval of the City of
CONSENT ITEMS
Dubuque, Iowa upon said final plat.
st
Passed, approved and adopted this 21 day of
Minutes Submitted: City Council of 4/7; Civil
April 2003.
Service Commission of 3/11 and 3/27;
Terrance M. Duggan, Mayor
Environmental Stewardship Advisory Com-
Attest: Jeanne F. Schneider, City Clerk
mission of 4/1; Five Flags Commission of 2/17;
Buol moved adoption of the Resolution.
Housing Commission of 3/25; Housing
Seconded by Connors. Motion carried 7-0.
Commission Trust Fund of 3/25; Human Rights
Commission of 3/10; Zoning Advisory
Five Flags Arena HVAC System: City
Commission of 3/5 and 4/2; Zoning Board of
Manager recommending the approval of Shive
Adjustment of 3/27, presented and read. Buol
Hattery Engineers to design the Five Flags
moved that the minutes be received and filed.
Arena HVAC System replacement, presented
Seconded by Connors. Motion carried 7-0.
and read. Buol moved that the communication
be received and filed and approved
Proof of publication of City Council
recommendation. Seconded by Connors.
Proceedings of 3/17, presented and read. Buol
Motion carried 7-0.
moved that the proof be received and filed.
Seconded by Connors. Motion carried 7-0.
Quarterly Investment Report: City Manager
submitting the quarterly investment report for the
Finance Director submitting the Financial
period from January 1, 2003 through March 31,
Reports for the month ending March 31, 2003,
2003, presented and read. Buol moved that the
presented and read. Buol moved that the
communication and report be received and filed.
communication be received and filed. Seconded
Seconded by Connors. Motion carried 7-0.
by Connors. Motion carried 7-0.
Purchase of Service Agreements:
Notice of Claims/Suits: Holy Ghost Parish
Communication from the City Manager
Credit Union for property damage; Progressive
regarding the funding of various Purchase of
Concrete Systems LLC for payment for work
Service agreements, presented and read. Buol
performed, presented and read. Buol moved
moved that the communication be received and
108 Regular Session, April 21, 2003
filed. Seconded by Connors. Motion carried 7-Dubuque Main Street – Purchase of Service
0. Agreement: City Manager recommending
approval of a Purchase of Service Agreement
Dubuque Area Lifetime Center – Purchase of with Dubuque Main Street, presented and read.
Service Agreement: City Manager recom-Buol moved that the communication be received
mending approval of a Purchase of Service and filed and approved Agreement. Seconded
Agreement with the Dubuque Area Lifetime by Connors. Motion carried 7-0.
Center, presented and read. Buol moved that
the communication be received and filed and United States Senator Charles Grassley:
approved Agreement. Seconded by Connors. Communication from Senator Charles Grassley
Motion carried 7-0. in response to the City’s inquiry about the
availability of federal funds for the City of
St. Stephens Food Bank – Purchase of Dubuque, presented and read. Buol moved
Service Agreement: City Manager that the communication be received and filed.
recommending approval of a Purchase of Seconded by Connors. Motion carried 7-0.
Service Agreement with St. Stephens Food
Bank in the amount of $1,000, presented and U.S. Department of Housing and Urban
read. Buol moved that the communication be Development: Communication from the U.S.
received and filed and approved Agreement. Department of Housing and Urban Development
Seconded by Connors. Motion carried 7-0. regarding the City’s Community Development
Block Grant Program, presented and read.
Washington Neighborhood Tool Library – Buol moved that the communication be received
Purchase of Service Agreement: City Manager and filed and referred to the City Manager.
recommending approval of a Purchase of Seconded by Connors. Motion carried 7-0.
Service Agreement with the Washington
Neighborhood Tool Library, presented and read. Legislative Correspondence: Communication
Buol moved that the communication be received of City Manager Michael C. Van Milligen, dated
and filed and approved Agreement. Seconded March 6, 2003, to local legislators regarding the
by Connors. Motion carried 7-0. gaming tax lawsuit, presented and read. Buol
moved that the communication be received and
Project Concern – Purchase of Service filed. Seconded by Connors. Motion carried 7-
Agreement: City Manager recommending 0.
approval of a Purchase of Service Agreement
with Project Concern for Information and Communication of City Manager Michael C.
Referral in the amount of $3,500 and Child Care Van Milligen, dated April 9, 2003, to local
Resource and Referral in the amount of $8,576, legislators regarding the gaming tax issue,
presented and read. Buol moved that the presented and read. Buol moved that the
communication be received and filed and communication be received and filed. Seconded
approved Agreement. Seconded by Connors. by Connors. Motion carried 7-0.
Motion carried 7-0.
Dubuque Arboretum and Botanical Gardens:
Greater Dubuque Development Corporation – Communication from Jack Frick, President of the
Purchase of Service Agreement: City Manager Dubuque Arboretum and Botanical Gardens
recommending approval of a Purchase of Board of Directors, requesting that no parking be
Service Agreement with the Greater Dubuque allowed on the south side of Arboretum Drive,
Development Corporation in the amount of presented and read. Buol moved that the
$127,500, presented and read. Buol moved communication be received and filed and
that the communication be received and filed referred to the City Manager. Seconded by
and approved Agreement. Seconded by Connors. Motion carried 7-0.
Connors. Motion carried 7-0.
Civil Service Commission: Civil Service
Chamber of Commerce Convention and Commission submitting the certified list for the
Visitors Bureau – Purchase of Service position of Mechanic, presented and read.
Agreement: City Manager recommending March 27, 2003
approval of a Purchase of Service Agreement Honorable Mayor and Members of the City
with the Chamber of Commerce Convention and Council
Visitors Bureau, presented and read. Buol In accordance with Chapter 400 of the 2001
moved that the communication be received and Code of Iowa, an examination for the position of
filed and approved Agreement. Seconded by Mechanic was given on March 17, 2003. We
Connors. Motion carried 7-0. hereby certify that the individuals listed below
have passed this written examination and the
vacancy for this position should be made from
Regular Session, April 21, 2003 109
this list and that this list is good for two (2) years read. Buol moved that the communication be
from above date. received and filed. Seconded by Connors.
MECHANIC Motion carried 7-0.
Robert Bingham Ronald J. Schilling
Paul A. Herman Daniel Z. Taylor Dubuque Bank and Trust: Communication
Joseph J. Vondran Thomas D. Weber from Dubuque Bank and Trust requesting
Duane J. Ernster Darren G. Steil approval to construct an underground walkway
Russell A. Duve Peter S. Finger on public right-of-way to connect the main bank
Wade A. Gartner Dennis A. Groom with the “Old Walsh Building” which they are
Mark R. Taylor Robert J. Callahan renovating, presented and read. Buol moved
Darryl W. Galle Daniel J. Kass that the communication be received and filed
Peter G. Kruschke Loras C. Decker and referred to the City Manager. Seconded by
Nick R. DeMaio David J. Kluesner Connors. Motion carried 7-0.
Charles R. Moes Allan P. Smith
James L. Smith Paul P. Erschen Department of the Army – Corps of Engineers:
David R. Nauman Nikolas P. Schroeder Communication from Gary Loss of the Rock
Kenneth C. Davis Brian J. Loeffelholz Island Corps of Engineers to Donna Smith,
Gary M. Nauman Richard W. Majerus Dubuque County Board of Supervisors,
Jeffrey D. Simons regarding a special study along the Couler
Respectfully submitted, Valley reach of the Little Maquoketa River in
/s/ Merle Duehr, Chairperson Dubuque County, presented and read. Buol
/s/ Loras Kluesner moved that the communication be received and
/s/ Richard Wertzberger filed. Seconded by Connors. Motion carried 7-
Civil Service Commission 0.
Buol moved that the above Civil Service
certification be received and filed and made a Business License Refund: Request of Rod
matter of record. Seconded by Connors. Christ, Mama Cassetti’s Pasta, for a refund of
Motion carried 7-0. their Beer and Liquor License in the amount of
$168.75, presented and read. Buol moved that
PPEL Revenue Requirements: City Manager the communication be received and filed and
advising that the Fiscal Year 2004 Physical approved request. Seconded by Connors.
Plant and Equipment Levy (PPEL) TIF Revenue Motion carried 7-0.
Certification has been submitted to Dubuque
County Auditor Denise Dolan, presented and Business Licenses:
read. Buol moved that the communication be
RESOLUTION NO. 119-03
received and filed. Seconded by Connors.
Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Notice of Bankruptcy Filing: Notice of DUBUQUE, IOWA:
bankruptcy filing and final hearing on certain That the following having complied with the
motions and applications in the matter of Eagle provisions of law relating to the sale of
Food Centers, Inc., presented and read. Buol Cigarettes within the City of Dubuque, Iowa, be
moved that the communication be received and granted a permit to sell Cigarettes and Cigarette
filed. Seconded by Connors. Motion carried 7-Papers within said City.
0. NEW
Bodine’s Bodine’s LLC
Iowa Department of Economic Development: 1445 Central Ave
Communication from the Iowa Department of Paro Food Mart Sahajanand Enterprises, Inc.
Economic Development advising that the City’s 3200 Central Av
st
Local Housing Assistance Program Contract has Passed, approved and adopted this 21 day
been amended, as requested, presented and of April, 2002.
read. Buol moved that the communication be Terrance M. Duggan, Mayor
received and filed. Seconded by Connors. Attest: Jeanne F. Schneider, CMC, City Clerk
Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Southwest Arterial Update: City Manager
RESOLUTION NO. 120-03
submitting information provided to our
BEER
Congressional Delegation concerning the need
for additional federal funding to finance the Iowa Whereas, applications for Beer Permits have
32 (Southwest Arterial) project and advising that been submitted and filed to this Council for
Congressman Nussle has submitted a $41 approval and the same have been examined
million request for such funding, presented and and approved: and
110 Regular Session, April 21, 2003
Whereas, the premises to be occupied by Passed, approved and adopted this 21st day
such applicants were inspected and found to of April, 2003.
comply with the Ordinances of the City and have Terrance M. Duggan, Mayor
filed proper bonds. Attest: Jeanne F. Schneider, CMC, City Clerk
NOW, THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Connors. Motion carried 7-0.
DUBUQUE, IOWA:
ITEMS TO BE SET FOR PUBLIC HEARING
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit. Port of Dubuque – Vacate: City Manager
CLASS “B” BEER PERMIT recommending that a public hearing be set for
Music N More Promotions Music N More – May 5, 2003 to consider the vacation of certain
Tent A. Main St Town Clock streets and alleys in the Port of Dubuque, north
Music N More Promotions Music N More – and west of Bell Street and the Brewery to the
Tent B. Main St Town Clock railroad right-of-way, presented and read.
CLASS “C” BEER PERMIT Markham moved that the communication be
McCann Service Inc. McCann’s Service + received and filed. Seconded by Cline. Motion
(Sunday Sale) 690 W Locust St carried 7-0.
Kwik Trip Inc. Tobacco Outlet # 504+
RESOLUTION NO. 122-03
(Sunday Sale) 806 Wacker Dr
RESOLUTION APPROVING PLAT OF
Sahajanand Enterprises Paro Food Mart+
PROPOSED VACATED PORTION OF WALL
(Sunday Sale) 3200 Central Av
STREET, WASHINGTON STREET, CYPRESS
Passed, approved and adopted this 21st day
STREET, AND ALLEYS IN BLOCKS 20 AND
of April, 2003.
28, DUBUQUE HARBOR IMPROVEMENT
Terrance M. Duggan, Mayor
COMPANY ADDITION
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution. Whereas, there has been presented to the City
Seconded by Connors. Motion carried 7-0. Council of the City of Dubuque, Iowa, a plat
dated April 11, 2003, prepared by WHKS &
RESOLUTION NO. 121-03
Company, describing the proposed vacated
Whereas, applications for Liquor Licenses portion of the Wall Street, Washington Street,
have been submitted to this Council for approval Cypress Street, and alleys in Blocks 20 and 28,
and the same have been examined and Dubuque Harbor Improvement Company
approved; and Addition; and
Whereas, the premises to be occupied by such Whereas, said plat conforms to the laws and
applicants were inspected and found to comply statutes pertaining thereto.
with the State Laws and all City Ordinances NOW, THEREFORE, BE IT RESOLVED BY
relevant thereto and they have filed proper THE CITY COUNCIL OF THE CITY OF
bonds. DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the plat dated April 11, 2003,
THE CITY COUNCIL OF THE CITY OF prepared by WHKS & Company, relative to the
DUBUQUE, IOWA: real estate hereinabove described be and the
That the Manager be authorized to cause to be same is hereby approved, and the Mayor and
issued the following named applicants a Liquor City Clerk be and they are hereby authorized
License. and directed to execute said plat for and on
CLASS “A” LIQUOR LICENSE behalf of the City of Dubuque, Iowa.
Dubuque Order of Moose #355 Dubuque Section 2. The City of Dubuque reserves unto
Lodge#355+(Sunday Sale) 1166 Main St itself a temporary easement including the right of
CLASS “C” BEER/LIQUOR LICENSE ingress and egress thereto, for the purpose of
Bodines LLC Bodines+ erecting, installing, constructing, reconstructing,
(Sunday Sale) 1445 Central Av repairing, owning, operating, and maintaining
Davey Robertsons Public Bar The Busted water, sewer, drainage, gas, telephone,
Lift+(Sunday Sale) 180 Main St television cable, fiber optics, and electric lines as
Central Tap, Inc Central Tap+ may be authorized by the City of Dubuque,
(Sunday Sale) 1046 Central Av Iowa. This temporary easement will terminate
DBQ Inc. Shot Tower Inn+ upon the replatting and relocation of said
(Sunday Sale) 390 Locust St utilities.
Knights of Columbus Dubuque # 510 Knights of Section 3. That the City Clerk be and is hereby
Columbus # 510 781 Locust St authorized and directed to file said plat and
Carol Meyers A & B Tap certified copy of this resolution in the office of
2600 Central Av the Recorder in and for Dubuque County, Iowa.
Regular Session, April 21, 2003 111
st
Passed, approved and adopted this 21 day of Company, describing the proposed vacated
April, 2003. portion of Bell Street and alley in Block 11,
Terrance M. Duggan, Mayor Dubuque Harbor Improvement Company
Attest: Jeanne F. Schneider, CMC, City Clerk Addition; and
Markham moved adoption of the Resolution. Whereas, said plat conforms to the laws and
Seconded by Cline. Motion carried 7-0. statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 123-03
THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING PLAT OF
DUBUQUE, IOWA:
PROPOSED VACATED PORTION OF THE
Section 1. That the plat dated April 11, 2003,
FOURTH STREET EXTENSION, DUBUQUE
prepared by WHKS & Company, relative to the
HARBOR IMPROVEMENT COMPANY
real estate hereinabove described be and the
ADDITION
same is hereby approved, and the Mayor and
Whereas, there has been presented to the City City Clerk be and they are hereby authorized
Council of the City of Dubuque, Iowa, a plat and directed to execute said plat for and on
dated April 11, 2003, prepared by WHKS & behalf of the City of Dubuque, Iowa.
Company, describing the proposed vacated Section 2. The City of Dubuque reserves unto
portion of the Fourth Street Extension, Dubuque itself a temporary easement including the right of
Harbor Improvement Company Addition; and ingress and egress thereto, for the purpose of
Whereas, said plat conforms to the laws and erecting, installing, constructing, reconstructing,
statutes pertaining thereto. repairing, owning, operating, and maintaining
NOW, THEREFORE, BE IT RESOLVED BY water, sewer, drainage, gas, telephone,
THE CITY COUNCIL OF THE CITY OF television cable, fiber optics, and electric lines as
DUBUQUE, IOWA: may be authorized by the City of Dubuque,
Section 1. That the plat dated April 11, 2003, Iowa. This temporary easement will terminate
prepared by WHKS & Company, relative to the upon the replatting and relocation of said
real estate hereinabove described be and the utilities.
same is hereby approved, and the Mayor and Section 3. That the City Clerk be and is hereby
City Clerk be and they are hereby authorized authorized and directed to file said plat and
and directed to execute said plat for and on certified copy of this resolution in the office of
behalf of the City of Dubuque, Iowa. the Recorder in and for Dubuque County, Iowa.
st
Section 2. The City of Dubuque reserves unto Passed, approved and adopted this 21 day of
itself a temporary easement including the right of April, 2003.
ingress and egress thereto, for the purpose of Terrance M. Duggan, Mayor
erecting, installing, constructing, reconstructing, Attest: Jeanne F. Schneider, CMC, City Clerk
repairing, owning, operating, and maintaining Markham moved adoption of the Resolution.
water, sewer, drainage, gas, telephone, Seconded by Cline. Motion carried 7-0.
television cable, fiber optics, and electric lines as
RESOLUTION NO. 125-03
may be authorized by the City of Dubuque,
RESOLUTION APPROVING PLAT OF
Iowa. This temporary easement will terminate
PROPOSED VACATED PORTION OF FIFTH
upon the replatting and relocation of said
AND SIXTH STREETS, DUBUQUE HARBOR
utilities.
IMPROVEMENT COMPANY ADDITION
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and Whereas, there has been presented to the City
certified copy of this resolution in the office of Council of the City of Dubuque, Iowa, a plat
the Recorder in and for Dubuque County, Iowa. dated April 11, 2003, prepared by WHKS &
st
Passed, approved and adopted this 21 day of Company, describing the proposed vacated
April, 2003. portion of Fifth and Sixth Streets, Dubuque
Terrance M. Duggan, Mayor Harbor Improvement Company Addition; and
Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, said plat conforms to the laws and
Markham moved adoption of the Resolution. statutes pertaining thereto.
Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 124-03
DUBUQUE, IOWA:
RESOLUTION APPROVING PLAT OF
Section 1. That the plat dated April 11, 2003,
PROPOSED VACATED PORTION OF BELL
prepared by WHKS & Company, relative to the
STREET AND ALLEY IN BLOCK 11,
real estate hereinabove described be and the
DUBUQUE HARBOR IMPROVEMENT
same is hereby approved, and the Mayor and
COMPANY ADDITION
City Clerk be and they are hereby authorized
Whereas, there has been presented to the City and directed to execute said plat for and on
Council of the City of Dubuque, Iowa, a plat behalf of the City of Dubuque, Iowa.
dated April 11, 2003, prepared by WHKS &
112 Regular Session, April 21, 2003
Section 2. The City of Dubuque reserves unto Section 3. That the City Clerk be and is hereby
itself a temporary easement including the right of authorized and directed to file said plat and
ingress and egress thereto, for the purpose of certified copy of this resolution in the office of
erecting, installing, constructing, reconstructing, the Recorder in and for Dubuque County, Iowa.
st
repairing, owning, operating, and maintaining Passed, approved and adopted this 21 day of
water, sewer, drainage, gas, telephone, April, 2003.
television cable, fiber optics, and electric lines as Terrance M. Duggan, Mayor
may be authorized by the City of Dubuque, Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa. This temporary easement will terminate Markham moved adoption of the Resolution.
upon the replatting and relocation of said Seconded by Cline. Motion carried 7-0.
utilities.
RESOLUTION NO. 127-03
Section 3. That the City Clerk be and is hereby
RESOLUTION APPROVING PLAT OF
authorized and directed to file said plat and
PROPOSED VACATED PORTION OF WALL
certified copy of this resolution in the office of
STREET, WASHINGTON STREET, AND
the Recorder in and for Dubuque County, Iowa.
st
ALLEYS IN BLOCKS 21 AND 27, DUBUQUE
Passed, approved and adopted this 21 day of
HARBOR IMPROVEMENT COMPANY
April, 2003.
ADDITION
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, there has been presented to the City
Markham moved adoption of the Resolution. Council of the City of Dubuque, Iowa, a plat
Seconded by Cline. Motion carried 7-0. dated April 11, 2003, prepared by WHKS &
Company, describing the proposed vacated
RESOLUTION NO. 126-03
portion of Wall Street, Washington Street, and
RESOLUTION APPROVING PLAT OF
alleys in Blocks 21 and 27, Dubuque Harbor
PROPOSED VACATED PORTION OF THE
Improvement Company Addition; and
FOURTH STREET EXTENSION, WALL
Whereas, said plat conforms to the laws and
STREET, MARKET STREET, PINE STREET,
statutes pertaining thereto.
AND LOT 2 OF LOT 20 AND ALLEY IN
NOW, THEREFORE, BE IT RESOLVED BY
BLOCK 26, DUBUQUE HARBOR
THE CITY COUNCIL OF THE CITY OF
IMPROVEMENT COMPANY ADDITION
DUBUQUE, IOWA:
Whereas, there has been presented to the City Section 1. That the plat dated April 11, 2003,
Council of the City of Dubuque, Iowa, a plat prepared by WHKS & Company, relative to the
dated April 11, 2003, prepared by WHKS & real estate hereinabove described be and the
Company, describing the proposed vacated same is hereby approved, and the Mayor and
portion of the Fourth Street Extension, Wall City Clerk be and they are hereby authorized
Street, Market Street, Pine Street, and Lot 2 of and directed to execute said plat for and on
Lot 20 and alley in Block 26, Dubuque Harbor behalf of the City of Dubuque, Iowa.
Improvement Company Addition; and Section 2. The City of Dubuque reserves unto
Whereas, said plat conforms to the laws and itself a temporary easement including the right of
statutes pertaining thereto. ingress and egress thereto, for the purpose of
NOW, THEREFORE, BE IT RESOLVED BY erecting, installing, constructing, reconstructing,
THE CITY COUNCIL OF THE CITY OF repairing, owning, operating, and maintaining
DUBUQUE, IOWA: water, sewer, drainage, gas, telephone,
Section 1. That the plat dated April 11, 2003, television cable, fiber optics, and electric lines as
prepared by WHKS & Company, relative to the may be authorized by the City of Dubuque,
real estate hereinabove described be and the Iowa. This temporary easement will terminate
same is hereby approved, and the Mayor and upon the replatting and relocation of said
City Clerk be and they are hereby authorized utilities.
and directed to execute said plat for and on Section 3. That the City Clerk be and is hereby
behalf of the City of Dubuque, Iowa. authorized and directed to file said plat and
Section 2. The City of Dubuque reserves unto certified copy of this resolution in the office of
itself a temporary easement including the right of the Recorder in and for Dubuque County, Iowa.
st
ingress and egress thereto, for the purpose of Passed, approved and adopted this 21 day of
erecting, installing, constructing, reconstructing, April, 2003.
repairing, owning, operating, and maintaining Terrance M. Duggan, Mayor
water, sewer, drainage, gas, telephone, Attest: Jeanne F. Schneider, CMC, City Clerk
television cable, fiber optics, and electric lines as Markham moved adoption of the Resolution.
may be authorized by the City of Dubuque, Seconded by Cline. Motion carried 7-0.
Iowa. This temporary easement will terminate
upon the replatting and relocation of said An Ordinance Vacating a portion of Bell Street
utilities. and alley in Block 11, Dubuque Harbor
Regular Session, April 21, 2003 113
Improvement Company Addition, presented and on for passage at two Council Meetings prior to
read. the meeting at which it is to be finally passed be
suspended and further moved final
OFFICIAL PUBLICATION
consideration and passage of the Ordinance.
ORDINANCE NO. 24-03
Seconded by Cline. Motion carried 7-0.
ORDINANCE VACATING A PORTION OF
BELL STREET AND ALLEY IN BLOCK 11,
An Ordinance Vacating a portion of the Fourth
DUBUQUE HARBOR IMPROVEMENT
Street Extension, Dubuque Harbor Improvement
COMPANY ADDITION
Company Addition, presented and read.
Whereas, Dubuque Initiatives has requested
OFFICIAL PUBLICATION
the vacating of a portion of Bell Street and alley
ORDINANCE NO. 25-03
in Block 11, Dubuque Harbor Improvement
ORDINANCE VACATING A PORTION OF THE
Company Addition; and
FOURTH STREET EXTENSION, DUBUQUE
Whereas, WHKS & Company has prepared
HARBOR IMPROVEMENT COMPANY
and submitted to the City Council a plat showing
ADDITION
the vacated portion of Bell Street and alley in
Block 11, Dubuque Harbor Improvement Whereas, Dubuque Initiatives has requested
Company Addition and assigned lot number the vacating of a portion of the Fourth Street
thereto, which hereinafter shall be known and Extension, Dubuque Harbor Improvement
described as Lot H in Dubuque Harbor Company Addition; and
Improvement Company Addition, in the City of Whereas, WHKS & Company has prepared
Dubuque, Dubuque County, Iowa; and and submitted to the City Council a plat showing
Whereas, the City Council of the City of the vacated portion of the Fourth Street
Dubuque, Iowa has determined a portion of Bell Extension, Dubuque Harbor Improvement
Street and alley in Block 11, Dubuque Harbor Company Addition, and assigned lot number
Improvement Company Addition is no longer thereto, which hereinafter shall be known and
required for public use, except for temporary described as Lot G in Dubuque Harbor
utility easements as noted, and vacating of said Improvement Company Addition, in the City of
portion of Bell Street and alley in Block 11, Dubuque, Dubuque County, Iowa; and
Dubuque Harbor Improvement Company Whereas, the City Council of the City of
Addition, known as Lot H in Dubuque Harbor Dubuque, Iowa has determined a portion of the
Improvement Company Addition in the City of Fourth Street Extension, Dubuque Harbor
Dubuque, Dubuque County, Iowa, should be Improvement Company Addition, is no longer
approved. required for public use, except for temporary
NOW, THEREFORE, BE IT ORDAINED BY utility easements as noted, and vacating of said
THE CITY COUNCIL OF THE CITY OF portion of the Fourth Street Extension, Dubuque
DUBUQUE, IOWA: Harbor Improvement Company Addition, known
Section 1. That the real estate described as as Lot G in Dubuque Harbor Improvement
Lot H in Dubuque Harbor Improvement Company Addition in the City of Dubuque,
Company Addition in the City of Dubuque, Dubuque County, Iowa, should be approved.
Dubuque County, Iowa, be and the same is NOW, THEREFORE, BE IT ORDAINED BY
hereby vacated. THE CITY COUNCIL OF THE CITY OF
Section 2. The City of Dubuque reserves unto DUBUQUE, IOWA:
itself a temporary easement including the right of Section 1. That the real estate described as
ingress and egress thereto, for the purpose of Lot G in Dubuque Harbor Improvement
erecting, installing, constructing, reconstructing, Company Addition in the City of Dubuque,
repairing, owning, operating, and maintaining Dubuque County, Iowa, be and the same is
water, sewer, drainage, gas, telephone, hereby vacated.
television cable, fiber optics, and electric lines as Section 2. The City of Dubuque reserves unto
may be authorized by the City of Dubuque, itself a temporary easement including the right of
Iowa. This temporary easement will terminate ingress and egress thereto, for the purpose of
upon replatting and relocation of said utilities. erecting, installing, constructing, reconstructing,
st
Passed, approved and adopted this 21 day of repairing, owning, operating, and maintaining
April, 2003. water, sewer, drainage, gas, telephone,
Terrance M. Duggan, Mayor television cable, fiber optics, and electric lines as
Attest: Jeanne F. Schneider, CMC, City Clerk may be authorized by the City of Dubuque,
Published officially in the Telegraph Herald Iowa. This temporary easement will terminate
th
newspaper this 25 day of April, 2003. upon replatting and relocation of said utilities.
st
Jeanne F. Schneider, City Clerk Passed, approved and adopted this 21 day of
1t 4/25 April, 2003.
Markham moved that the requirement that a Terrance M. Duggan, Mayor
proposed Ordinance be considered and voted Attest: Jeanne F. Schneider, CMC, City Clerk
114 Regular Session, April 21, 2003
Published officially in the Telegraph Herald Iowa. This temporary easement will terminate
th
newspaper this 25 day of April, 2003. upon replatting and relocation of said utilities.
st
Jeanne F. Schneider, City Clerk Passed, approved and adopted this 21 day of
1t 4/25 April, 2003.
Markham moved that the requirement that a Terrance M. Duggan, Mayor
proposed Ordinance be considered and voted Attest: Jeanne F. Schneider, CMC, City Clerk
on for passage at two Council Meetings prior to Published officially in the Telegraph Herald
th
the meeting at which it is to be finally passed be newspaper this 25day of April, 2003.
suspended and further moved final Jeanne F. Schneider, City Clerk
consideration and passage of the Ordinance. 1t 4/25
Seconded by Cline. Motion carried 7-0. Markham moved that the requirement that a
proposed Ordinance be considered and voted
An Ordinance vacating a portion of Fifth and on for passage at two Council Meetings prior to
Sixth Streets in Dubuque Harbor Improvement the meeting at which it is to be finally passed be
Company Addition, presented and read. suspended and further moved final
consideration and passage of the Ordinance.
OFFICIAL PUBLICATION
Seconded by Cline. Motion carried 7-0.
ORDINANCE NO. 26-03
ORDINANCE VACATING A PORTION OF
An Ordinance Vacating a portion of the Fourth
FIFTH AND SIXTH STREETS IN DUBUQUE
Street Extension, Wall Street, Market Street,
HARBOR IMPROVEMENT COMPANY
Pine Street and Lot 2 of Lot 20 and alley in
ADDITION
Block 26 in Dubuque Harbor Improvement
Whereas, Dubuque Initiatives has requested Company Addition, presented and read.
the vacating of a portion of Fifth and Sixth
OFFICIAL PUBLICATION
Streets in Dubuque Harbor Improvement
ORDINANCE NO. 27-03
Company Addition; and
ORDINANCE VACATING A PORTION OF THE
Whereas, WHKS & Company has prepared
FOURTH STREET EXTENSION, WALL
and submitted to the City Council a plat showing
STREET, MARKET STREET, PINE STREET,
the vacated portion of Fifth and Sixth Streets in
AND LOT 2 OF LOT 20 AND ALLEY IN
Dubuque Harbor Improvement Company
BLOCK 26 IN DUBUQUE HARBOR
Addition and assigned lot number thereto, which
IMPROVEMENT COMPANY ADDITION
hereinafter shall be known and described as Lot
V in Dubuque Harbor Improvement Company Whereas, Dubuque Initiatives has requested
Addition, in the City of Dubuque, Dubuque the vacating of a portion of the Fourth Street
County, Iowa; and Extension, Wall Street, Market Street, Pine
Whereas, the City Council of the City of Street, and Lot 2 of Lot 20 and alley in Block 26
Dubuque, Iowa has determined a portion of Fifth in Dubuque Harbor Improvement Company
and Sixth Streets in Dubuque Harbor Addition; and
Improvement Company Addition is no longer Whereas, WHKS & Company has prepared
required for public use, except for temporary and submitted to the City Council a plat showing
utility easements as noted, and vacating of said the vacated portion of the Fourth Street
portion of Fifth and Sixth Streets in Dubuque Extension, Wall Street, Market Street, Pine
Harbor Improvement Company Addition, known Street, and Lot 2 of Lot 20 and alley in Block 26
as Lot V in Dubuque Harbor Improvement in Dubuque Harbor Improvement Company
Company Addition in the City of Dubuque, Addition, and assigned lot numbers thereto,
Dubuque County, Iowa, should be approved. which hereinafter shall be known and described
NOW, THEREFORE, BE IT ORDAINED BY as Lots I, J, K, L, and M in Dubuque Harbor
THE CITY COUNCIL OF THE CITY OF Improvement Company Addition, in the City of
DUBUQUE, IOWA: Dubuque, Dubuque County, Iowa; and
Section 1. That the real estate described as Whereas, the City Council of the City of
Lot V in Dubuque Harbor Improvement Dubuque, Iowa has determined a portion of the
Company Addition in the City of Dubuque, Fourth Street Extension, Wall Street, Market
Dubuque County, Iowa, be and the same is Street, Pine Street, and Lot 2 of Lot 20 and alley
hereby vacated. in Block 26 in Dubuque Harbor Improvement
Section 2. The City of Dubuque reserves unto Company Addition, is no longer required for
itself a temporary easement including the right of public use, except for temporary utility
ingress and egress thereto, for the purpose of easements as noted, and vacating of said
erecting, installing, constructing, reconstructing, portion of the Fourth Street Extension, Wall
repairing, owning, operating, and maintaining Street, Market Street, Pine Street, and Lot 2 of
water, sewer, drainage, gas, telephone, Lot 20 and alley in Block 26 in Dubuque Harbor
television cable, fiber optics, and electric lines as Improvement Company Addition, known as Lots
may be authorized by the City of Dubuque, I, J, K, L, and M in Dubuque Harbor
Regular Session, April 21, 2003 115
Improvement Company Addition in the City of Improvement Company Addition, in the City of
Dubuque, Dubuque County, Iowa, should be Dubuque, Dubuque County, Iowa; and
approved. Whereas, the City Council of the City of
NOW, THEREFORE, BE IT ORDAINED BY Dubuque, Iowa has determined that a portion of
THE CITY COUNCIL OF THE CITY OF Wall Street, Washington Street, and alleys in
DUBUQUE, IOWA: Blocks 21 and 27 in Dubuque Harbor
Section 1. That the real estate described as Improvement Company Addition is no longer
Lots I, J, K, L, and M in Dubuque Harbor required for public use, except for temporary
Improvement Company Addition in the City of utility easements as noted, and vacating of said
Dubuque, Dubuque County, Iowa, be and the portion of Wall Street, Washington Street, and
same is hereby vacated. alleys in Blocks 21 and 27 in Dubuque Harbor
Section 2. The City of Dubuque reserves unto Improvement Company Addition, known as Lots
itself a temporary easement including the right of N, O, P, and Q in Dubuque Harbor Improvement
ingress and egress thereto, for the purpose of Company Addition, in the City of Dubuque,
erecting, installing, constructing, reconstructing, Dubuque County, Iowa, should be approved.
repairing, owning, operating, and maintaining NOW, THEREFORE, BE IT ORDAINED BY
water, sewer, drainage, gas, telephone, THE CITY COUNCIL OF THE CITY OF
television cable, fiber optics, and electric lines as DUBUQUE, IOWA:
may be authorized by the City of Dubuque, Section 1. That the real estate described as
Iowa. This temporary easement will terminate Lots N, O, P, and Q in Dubuque Harbor
upon replatting and relocation of said utilities. Improvement Company Addition, in the City of
st
Passed, approved and adopted this 21 day of Dubuque, Dubuque County, Iowa, be and the
April, 2003. same is hereby vacated.
Terrance M. Duggan, Mayor Section 2. The City of Dubuque reserves unto
Attest: Jeanne F. Schneider, CMC, City Clerk itself a temporary easement including the right of
Published officially in the Telegraph Herald ingress and egress thereto, for the purpose of
th
newspaper this 25 day of April, 2003. erecting, installing, constructing, reconstructing,
Jeanne F. Schneider, City Clerk repairing, owning, operating, and maintaining
1t 4/25 water, sewer, drainage, gas, telephone,
Markham moved that the requirement that a television cable, fiber optics, and electric lines as
proposed Ordinance be considered and voted may be authorized by the City of Dubuque,
on for passage at two Council Meetings prior to Iowa. This temporary easement will terminate
the meeting at which it is to be finally passed be upon replatting and relocation of said utilities.
st
suspended and further moved final Passed, approved and adopted this 21 day of
consideration and passage of the Ordinance. April, 2003.
Seconded by Cline. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
An Ordinance Vacating a portion of Wall Published officially in the Telegraph Herald
th
Street, Washington Street, and alleys in Blocks newspaper this 25 day of April, 2003.
21 and 27 in Dubuque Harbor Improvement Jeanne F. Schneider, City Clerk
Company Addition, presented and read. 1t 4/25
Markham moved that the requirement that a
OFFICIAL PUBLICATION
proposed Ordinance be considered and voted
ORDINANCE NO. 28-03
on for passage at two Council Meetings prior to
ORDINANCE VACATING A PORTION OF
the meeting at which it is to be finally passed be
WALL STREET, WASHINGTON STREET, AND
suspended and further moved final
ALLEYS IN BLOCKS 21 AND 27 IN DUBUQUE
consideration and passage of the Ordinance.
HARBOR IMPROVEMENT COMPANY
Seconded by Cline. Motion carried 7-0.
ADDITION
Whereas, Dubuque Initiatives has requested An Ordinance Vacating a portion of Wall
the vacating of a portion of Wall Street, Street, Washington Street, Cypress Street and
Washington Street, and alleys in Blocks 21 and alleys in Blocks 20 and 28 in Dubuque Harbor
27 in Dubuque Harbor Improvement Company Improvement Company Addition, presented and
Addition; and read.
Whereas, WHKS & Company has prepared
OFFICIAL PUBLICATION
and submitted to the City Council a plat showing
ORDINANCE NO. 29-03
the vacated portion of Wall Street, Washington
ORDINANCE VACATING A PORTION OF
Street, and alleys in Blocks 21 and 27 in
WALL STREET, WASHINGTON STREET,
Dubuque Harbor Improvement Company
CYPRESS STREET, AND ALLEYS IN
Addition, and assigned lot numbers thereto,
BLOCKS 20 AND 28 IN DUBUQUE HARBOR
which hereinafter shall be known and described
IMPROVEMENT COMPANY ADDITION
as Lots N, O, P, and Q in Dubuque Harbor
116 Regular Session, April 21, 2003
RESOLUTION NO. 128-03
Whereas, Dubuque Initiatives has requested
RESOLUTION OF INTENT TO DISPOSE OF
the vacating of a portion of Wall Street,
CITY INTEREST IN LOTS N, O, P, Q, R, S, T,
Washington Street, Cypress Street, and alleys in
U, AND V OF DUBUQUE HARBOR
Blocks 20 and 28 in Dubuque Harbor
IMPROVEMENT COMPANY ADDITION IN THE
Improvement Company Addition; and
CITY OF DUBUQUE, DUBUQUE COUNTY,
Whereas, WHKS & Company has prepared
IOWA
and submitted to the City Council a plat showing
the vacated portion of Wall Street, Washington Whereas, Dubuque Initiatives has requested
Street, Cypress Street, and alleys in Blocks 20 the vacating of various streets and alleys in the
and 28 in Dubuque Harbor Improvement Port of Dubuque; and
Company Addition, and assigned lot numbers Whereas, WHKS & Company has prepared
thereto, which hereinafter shall be known and and submitted to the City Council a plat showing
described as Lots R, S, T, and U in Dubuque the vacated portions of various streets and
Harbor Improvement Company Addition, in the alleys in the Port of Dubuque and assigned lot
City of Dubuque, Dubuque County, Iowa; and numbers thereto, which hereinafter shall be
Whereas, the City Council of the City of known and described as Lots N, O, P, Q, R, S,
Dubuque, Iowa has determined that a portion of T, U, and V of Dubuque Harbor Improvement
Wall Street, Washington Street, Cypress Street, Company Addition in the City of Dubuque,
and alleys in Blocks 20 and 28 in Dubuque Dubuque County, Iowa; and
Harbor Improvement Company Addition is no Whereas, the City Council of the City of
longer required for public use, except for Dubuque, Iowa has determined that the various
temporary utility easements as noted, and streets and alleys in the Port of Dubuque are no
vacating of said portion of Wall Street, longer required for public use, except for utility
Washington Street, Cypress Street, and alleys in temporary easements as noted, and vacating
Blocks 20 and 28 in Dubuque Harbor and sale of said portions of alleys and streets
Improvement Company Addition, known as Lots known as Lots N, O, P, Q, R, S, T, U, and V of
R, S, T, and U in Dubuque Harbor Improvement Dubuque Harbor Improvement Company
Company Addition, in the City of Dubuque, Addition in the City of Dubuque, Dubuque
Dubuque County, Iowa, should be approved. County, Iowa, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. That the real estate described as Section 1. That the City of Dubuque intends to
Lots R, S, T, and U in Dubuque Harbor dispose of its interest in Lots N, O, P, Q, R, S, T,
Improvement Company Addition, in the City of U, and V of Dubuque Harbor Improvement
Dubuque, Dubuque County, Iowa, be and the Company Addition in the City of Dubuque,
same is hereby vacated. Dubuque County, Iowa.
Section 2. The City of Dubuque reserves unto Section 2. That the conveyance of Lots N, O,
itself a temporary easement including the right of P, Q, R, S, T, U, and V of Dubuque Harbor
ingress and egress thereto, for the purpose of Improvement Company Addition in the City of
erecting, installing, constructing, reconstructing, Dubuque, Dubuque County, Iowa, to Dubuque
repairing, owning, operating, and maintaining Initiatives be approved.
water, sewer, drainage, gas, telephone, Section 3. The City of Dubuque reserves unto
television cable, fiber optics, and electric lines as itself a temporary easement including the right of
may be authorized by the City of Dubuque, ingress and egress thereto, for the purpose of
Iowa. This temporary easement will terminate erecting, installing, constructing, reconstructing,
upon replatting and relocation of said utilities. repairing, owning, operating, and maintaining
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Passed, approved and adopted this 21 day of water, sewer, drainage, gas, telephone,
April, 2003. television cable, fiber optics, and electric lines as
Terrance M. Duggan, Mayor may be authorized by the City of Dubuque,
Attest: Jeanne F. Schneider, CMC, City Clerk Iowa. This temporary easement will terminate
Published officially in the Telegraph Herald upon the replatting and relocation of said
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newspaper this 25 day of April, 2003. utilities.
Jeanne F. Schneider, City Clerk Section 4. That the City Clerk be and is hereby
1t 4/25 authorized and directed to cause a notice of
Markham moved that the requirement that the intent to dispose of said real estate to be
proposed Ordinance be considered and voted published in the manner as prescribed by law.
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on for passage at two Council Meetings prior to Passed, approved and adopted this 21 day of
the meeting at which it is to be finally passed be April, 2003.
suspended and further moved final Terrance M. Duggan, Mayor
consideration and passage of the Ordinance. Attest: Jeanne F. Schneider, CMC, City Clerk
Seconded by Cline. Motion carried 7-0.
Regular Session, April 21, 2003 117
PUBLIC HEARINGS
Markham moved adoption of the Resolution
and further set this for Public Hearing on May 5,
2003 at a meeting to commence at 6:30 P.M. in Buol moved that the rules be suspended to
the Public Library Auditorium and direct the City allow anyone present to speak. Seconded by
Clerk to publish in the manner prescribed by Connors. Motion carried 7-0.
law. Seconded by Cline. Motion carried 7-0.
Royal Oaks Development – Rezoning
Fiscal Year 2003 Second Budget Amendment: Request: Proof of publication on notice of
City Manager recommending that a public hearing to consider a request from Royal Oaks
hearing be set for May 19, 2003 to consider the Development/A.J. Spiegel to rezone property
second amendment to the Fiscal Year 2003 located at the end of Rhomberg Avenue (former
Budget, presented and read. Markham moved Tollbridge Inn Restaurant) from CR Commercial
that the communication be received and filed. Recreation District to PUD Planned Unit
Seconded by Cline. Motion carried 7-0. Development District and Zoning Advisory
Commission recommending approval, and
RESOLUTION NO. 129-03
communications regarding the proposed
RESOLUTION DIRECTING THE CITY CLERK
rezoning at 2800 Rhomberg Avenue, presented
TO PUBLISH PROPOSED AMENDMENT TO
and read.
THE FISCAL YEAR 2003 BUDGET AND DATE
An Ordinance Amending Appendix A (the
OF PUBLIC HEARING
Zoning Ordinance) of the City of Dubuque Code
Whereas, it is proposed that the City of of Ordinances by reclassifying hereinafter
Dubuque amend its Fiscal Year 2003 budget; described property located at 2800 Rhomberg
and Avenue from CR Commercial Recreation District
Whereas, Section 384.16 of the Code of Iowa to PUD Planned Unit Development District with
stipulates that a public hearing must be held on a PR Planned Residential District designation
such a budget amendment. and adopting a Conceptual Development Plan
NOW THEREFORE, BE IT RESOLVED BY with conditions, presented and read.
THE CITY COUNCIL OF THE CITY OF A. J. Spiegel, owner of the property, spoke in
DUBUQUE, IOWA: favor of the rezoning which would allow the
Section 1. That the City Clerk by and is hereby building of a condominium at the former
authorized and directed to publish notice of Tollbridge Restaurant site, and stated he is not
public hearing on an amendment to the adopted asking for any city funding to help with this
budget for the City of Dubuque, Iowa. project.
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Passed, approved and adopted this 21 day of Cliff Winner, 1077 Kaufmann, Martha Lundh,
April 2003. 2678 Marywood, and Herb Lange, wildlife
Terrance M. Duggan. Mayor photographer from Wisconsin, all spoke in
Attest: Jeanne F. Schneider, City Clerk opposition, citing historical and bluffland value
Markham moved adoption of the Resolution and beauty, as well as stating eagles now are
and set for Public Hearing on 5/19/03 at a often seen in this area and it would disrupt their
meeting to commence at 6:30 P.M. in the Public habitat.
Library Auditorium and direct the City Clerk to John Kretz. 2760 Jonathan Lane, stressed that
publish notice in the manner prescribed by law. change is difficult but spoke in favor of the
Seconded by Cline. Motion carried 7-0. project, stating that he is one of the owners of
the parking lot for this project,
BOARDS/COMMISSIONS
Rick Dickinson, Greater Dubuque
Development Corp., spoke in favor of the
Applicants are invited to address the Council project.
regarding their desire to serve on the following Council discussed the proposed project at
Board: Housing Code Appeals Board (Two 3-length, stressing appreciation to Mr. Spiegel for
Year Terms to Expire 1/11/06); Applicant: Ben his time and response to their questions about
Durley. No one spoke. this development, though questioning City
Appointments to the following Commission: liability from falling rocks and stormwater
Mechanical Code Board (Two 3-Year Terms to drainage, and impact on the bluffland area.
Expire 3/16/06 – Terms of Geisler and Mr. Spiegel stated that eagles are seen
Willenborg); Applicants: Todd Geisler and nesting all over Dubuque County now, not just in
Harlan J. Willenborg. Michalski moved that this particular area.
Todd Geisler and Harlan Willenborg be Buol moved that the requirement that a
reappointed to three year terms which will expire proposed Ordinance be considered and voted
3/16/06. Seconded by Buol. Motion carried 7-on for passage at two Council Meetings prior to
0. the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
118 Regular Session, April 21, 2003
Seconded by Markham. Vote on the motion was NOW, THEREFORE, BE IT ORDAINED BY
as follow: Yeas—Buol, Duggan, Markham, THE CITY COUNCIL OF THE CITY OF
Nicholson. Nays—Cline, Connors, and DUBUQUE, IOWA:
Michalski. Motion failed due to lack of super Section 1. That Appendix A (The Zoning
majority vote. Ordinance) of the City of Dubuque Code of
Buol then moved that this be considered the Ordinances is hereby amended by reclassifying
first reading of the Ordinance. Seconded by the hereinafter-described property from R-1
Markham. Carried by the following vote: Single-Family Residential district to R-2 Two-
Yeas—Connors, Duggan, Markham, Nicholson, Family Residential District and CS Commercial
Buol. Nays—Cline, Michalski. Service and Wholesale District, as shown in
Exhibit 1, and to the centerline of the adjoining
Wayne Stewart Property – Rezoning Request: public right-of-way, all in the City of Dubuque,
Proof of publication on notice of hearing to Iowa.
consider a request from Wayne Stewart and Section 2. The foregoing amendment has
Flint Drake to rezone property located at the heretofore been reviewed by the Zoning
southwest corner of Old Highway Road and Advisory Commission of the City of Dubuque,
Seippel Road from R-1 Single-Family Iowa.
Residential District and County M-1c to R-2 Section 3. This ordinance shall take effect
Two-Family Residential District, CS Commercial immediately upon publication, as provided by
Service and Wholesale District and LI Light law.
ST
Industrial District concurrent with annexation of Passed, approved and adopted this 21 day
the west twenty acres and Zoning Advisory of April 2003.
Commission recommending approval, presented Terrance M. Duggan, Mayor
and read. Buol moved that the communication Jeanne F. Schneider, City Clerk
be received and filed. Seconded by Cline. Published officially in the Telegraph Herald
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Carried by the following vote: Yeas—Buol, newspaper this 25 day of April, 2003.
Cline, Connors, Duggan, Markham, Michalski. Jeanne F. Schneider, City Clerk
Nays—Nicholson. 1t 4/25
Buol amended his motion to remove the
Flint Drake of Kane, Norby & Reddick, as conditions on the permitted uses. The
Attorney for Mr. Stewart, spoke objecting to the amendment was not accepted by Nicholson.
proposed conditions but will accept them if Buol removed his motion from the table.
Council requires them. Buol moved that the requirement that a
Eugene Bird, Chair of the Zoning Advisory proposed Ordinance be considered and voted
Commission, spoke of the reasons for the on for passage at two Council Meetings prior to
conditions but would also support removing the the meeting at which it is to be finally passed be
conditions. suspended and further moved final
Rick Dickinson, Greater Dubuque consideration and passage of the Ordinance.
Development Corp., spoke in favor of the project Seconded by Cline. Carried by the following
and removing of the conditions. vote: Yeas—Buol, Cline, Connors, Duggan,
An Ordinance Amending Appendix A (the Markham, Michalski. Nays—Nicholson.
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter An Ordinance Amending Appendix A (the
described property located at 8000 Old Highway Zoning Ordinance) of the City of Dubuque Code
Road from R-1 Single-Family Residential District of Ordinances by reclassifying property located
to R-2 Two-Family Residential District and CS along Old Highway Road from Dubuque County
Commercial Service and Wholesale District, M-1 Industrial to City of Dubuque LI Light
presented and read. Industrial District, concurrent with annexation,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-03 OFFICIAL PUBLICATION
AN ORDINANCE AMENDING APPENDIX A ORDINANCE NO. 31-03
(THE ZONING ORDINANCE) OF THE CITY OF AN ORDINANCE AMENDING APPENDIX A
DUBUQUE CODE OF ORDINANCES BY (THE ZONING ORDINANCE) OF THE CITY OF
RECLASSIFYING HEREINAFTER DESCRIB-DUBUQUE CODE OF ORDINANCES BY
ED PROPERTY LOCATED AT 8000 OLD RECLASSIFYING HEREINAFTER DESCRIB-
HIGHWAY ROAD FROM R-1 SINGLE-FAMILY ED PROPERTY LOCATED AT 8000 OLD
RESIDENTIAL DISTRICT TO R-2 TWO HIGHWAY ROAD FROM R-1 SINGLE-FAMILY
FAMILY RESIDENTIAL DISTRICT AND CS RESIDENTIAL DISTRICT TO R-2 TWO
COMMERCIAL SERVICE AND WHOLESALE FAMILY RESIDENTIAL DISTRICT AND CS
DISTRICT. COMMERCIAL SERVICE AND WHOLESALE
DISTRICT
Regular Session, April 21, 2003 119
OFFICIAL PUBLICATION
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCE NO. 35-03
THE CITY COUNCIL OF THE CITY OF
AN ORDINANCE AMENDING APPENDIX A
DUBUQUE, IOWA:
(THE ZONING ORDINANCE) OF THE CITY OF
Section 1. That Appendix A (The Zoning
DUBUQUE CODE OF ORDINANCES BY
Ordinance) of the City of Dubuque Code of
RECLASSIFYING HEREINAFTER DESCRIB-
Ordinances is hereby amended by reclassifying
ED PROPERTY LOCATED AT 2900 DODGE
the hereinafter-described property from R-1
STREET FROM C-3 GENERAL COMMERCIAL
Single-Family Residential district to R-2 Two-
DISTRICT TO PUD PLANNED UNIT
Family Residential District and CS Commercial
DEVELOPMENT DISTRICT WITH PC
Service and Wholesale District, with conditions,
PLANNED COMMERCIAL DISTRICT DESIGN-
as shown in Exhibit 1, and to the centerline of
ATION AND ADOPTING A CONCEPTUAL
the adjoining public right-of-way, all in the City of
DEVELOPMENT PLAN.
Dubuque, Iowa.
Section 2. The foregoing amendment has NOW, THEREFORE, BE IT ORDAINED BY
heretofore been reviewed by the Zoning THE CITY COUNCIL OF THE CITY OF
Advisory Commission of the City of Dubuque, DUBUQUE, IOWA:
Iowa. Section 1. Appendix A (the Zoning Ordinance)
Section 3. This ordinance shall take effect of the City of Dubuque Code of Ordinances is
immediately upon publication, as provided by hereby amended by reclassifying the hereinafter
law. described property from C-3 General
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Passed, approved and adopted this 21 day of Commercial District to PUD Planned Unit
April 2003. Development District with PC Planned
Terrance M. Duggan, Mayor Commercial District designation and adopting a
Attest: Jeanne F. Schneider, City Clerk conceptual development plan, a copy of which is
Published officially in the Telegraph Herald attached to and made a part hereof, with
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newspaper this 25 day of April, 2003. conditions as stated below, to wit:
Jeanne F. Schneider, City Clerk Lot 2 of Lot 1 of Harwood Place, Lot 2 of
1t 4/25 Harwood Place, Lot 2 of Lot 1 of Lot 1 of Mineral
Buol moved that the requirement that a Lot 237, Lot 3 of Mineral Lot 243, Lot 2 of Lot 2
proposed Ordinance be considered and voted of Mineral Lot 237, Lot 2 of Mineral Lot 239, Lot
on for passage at two Council Meetings prior to 2 of Tri-Co, Inc. Place No. 1, Lot 2 of Tri-Co, Inc.
the meeting at which it is to be finally passed be Place No. 2, and Jody’s Place in Block 1 of
suspended and further moved final Plaza 20, all located in Section 27, T89N, R2E
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consideration and passage of the Ordinance. of the 5 Principal Meridian, City of Dubuque,
Seconded by Cline. Carried by the following County of Dubuque, Iowa, and to the centerline
vote: Yeas—Buol, Cline, Connors, Duggan, of the adjoining public right-of-way, all in the City
Markham, Michalski. Nays—Nicholson. of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
2900 Dodge Street – Rezoning Request: 414.5 (2001), and as an express condition of the
Proof of publication on notice of hearing to reclassification, the undersigned property owner
consider a request from Theisen’s Inc. to rezone agrees to the following conditions, all of which
property located at 2900 Dodge Street from C-3 the property owner further agrees are
General Commercial District to PUD Planned reasonable and imposed to satisfy the public
Unit Development District with a PC Planned needs that are caused directly by the zoning
Commercial zoning designation and Zoning reclassification:
Advisory Commission recommending approval, A) Use Regulations.
presented and read. Markham moved that the The following regulations shall apply to all land
proof and communication be received and filed. uses in the above-described PUD District:
Seconded by Michalski. Motion carried 7-0. 1) All permitted, accessory and conditional
Jim Theisen spoke giving the background of and temporary uses allowed in the C-3 General
his business in Dubuque and requested Council Commercial District as established in Section 3-
support of the proposed rezoning. 3.3 of the Zoning Ordinance
An Ordinance Amending Appendix A (the B) Lot and Bulk Regulations
Zoning Ordinance) of the City of Dubuque Code Development of land in the PUD District shall be
of Ordinances by reclassifying hereinafter as follows:
described property located at 2900 Dodge Street All buildings and structures located within this
from C-3 General Commercial District to PUD PUD District shall meet bulk regulations set forth
Planned Unit Development District with PC in the Zoning Ordinance for the C-3 General
Planned Commercial District Designation and Commercial District, Section 3-3.3(F).
adopting a Conceptual Development Plan, C) Performance Standards.
presented and read. The development and maintenance of uses in
this PUD District shall be established in
120 Regular Session, April 21, 2003
conformance with Section 3-5.5 of the Zoning A copy of this ordinance shall be recorded at
Ordinance and the following standards: the expense of the property owner with the
1) Erosion control shall be provided during all Dubuque County Recorder as a permanent
phases of construction. record of the conditions accepted as part of this
2) Parking requirements for allowed uses in reclassification after the adoption of this
the PUD District shall be as per the adopted ordinance. This ordinance shall be binding upon
conceptual plan. the undersigned and his/her heirs, successors
3) Adequate illumination shall be provided to and assigns.
areas used for vehicle and pedestrian Section 3. The foregoing amendment has
circulation. New outdoor light fixtures shall be of heretofore been reviewed by the Zoning
a cut-off design and utilize a minimum of 90-Commission of the City of Dubuque, Iowa.
degree luminaire. Section 4. The foregoing amendment shall
4) Final site development plans shall be take effect upon publication, as provided by law.
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submitted in accordance with Section 4-4 of the Passed, approved and adopted this 21 day of
Zoning Ordinance of the City of Dubuque, Iowa, April 2003.
prior to construction of any buildings. Terrance M. Duggan, Mayor
D) Open Space and Landscaping Attest: Jeanne F. Schneider, City Clerk
Open space and landscaping in the PUD District ACCEPTANCE OF ORDINANCE NO. 35-03
shall be regulated as follows: I, Leo A. Theisen, representing Theisen
Those areas not designated on the conceptual Building Company, Inc. property owner, having
plan for development shall be maintained as read the terms and conditions of the foregoing
open space, as defined by Section 8 of the Ordinance No. 35-03 and being familiar with the
Zoning Ordinance, by the property owners conditions thereof, hereby accept the same and
and/or association. agree to the conditions required therein.
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E) Sign Regulations. Dated this 15 day of April 2003.
Signs in the PUD District shall be regulated as /s/ Leo Theisen
follows: Published officially in the Telegraph Herald
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1) The provisions of the C-3 General newspaper this 25 day of April, 2003.
Commercial District sign regulations (Section 4-Jeanne F. Schneider, City Clerk
3.11) of the Zoning Ordinance shall apply unless 1t 4/25
further regulated by this section. Markham moved that the requirement that a
2) Lighting: Signs may be illuminated only by proposed Ordinance be considered and voted
means of indirect lighting whereby all light on for passage at two Council meetings prior to
sources and devices are shielded from view by the meeting at which it is to be finally passed be
opaque or translucent materials, or internally suspended and further moved final
illuminated by means of a light source consideration and passage of the Ordinance.
completely enclosed by the sign panel. Seconded by Michalski. Motion carried 7-0.
3) Motion: No signs may include any device or
means, mechanical, electrical or natural, which Key Gate Center No. 2 – Rezoning Request:
shall cause motion of the sign panel or any part Proof of publication on notice of hearing to
thereof. No flashing lights or changing colors consider a request from Dan Mueller to rezone
shall be allowed. property located south of Highway 61/151 and
F) Transfer of Ownership Highway 52 (Lot 1 of Key Gate Center No. 2)
Transfer of ownership or lease of property in this from PR Planned Residential District to C-3
PUD District shall include in the transfer or lease General Commercial zoning district and Zoning
agreement a provision that the purchaser or Advisory Commission recommending approval,
lessee acknowledges awareness of the presented and read. Buol moved that the proof
conditions authorizing the establishment of the and communication be received and filed.
PUD District. Seconded by Michalski. Motion carried 7-0.
G) Reclassification of Subject Property. Dan Mueller, 590 Samuels St., as owner of the
The City of Dubuque, Iowa, may initiate zoning property, spoke requesting the proposed
reclassification proceedings to the C-3 General rezoning.
Commercial District in accordance with Section An Ordinance Amending Appendix A (the
6 of the Zoning Ordinance if the property owner Zoning Ordinance) of the City of Dubuque Code
fails to complete or maintain any of the of Ordinances by reclassifying hereinafter
conditions of this ordinance. described property located southeast of
H) Modifications. Highway 61/151 and Highway 52 intersection
Any modifications of this Ordinance must be from PUD Planned Unit Development with a PR
approved by the City Council in accordance with Planned Residential District designation to C-3
zoning reclassification proceedings of Section 6 General Commercial District, presented and
of the Zoning Ordinance. read.
I) Recording.
Regular Session, April 21, 2003 121
OFFICIAL PUBLICATION
proof and communications be received and filed.
ORDINANCE NO. 32-03
Seconded by Nicholson. Motion carried 7-0.
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
An Ordinance Amending Appendix A (the
DUBUQUE CODE OF ORDINANCES BY
Zoning Ordinance) of the City of Dubuque Code
RECLASSIFYING HEREINAFTER DESCRI-
of Ordinances by amending Section 4-4.2
BED PROPERTY LOCATED SOUTHEAST OF
regarding site plans, and by amending Section
HIGHWAY 61/151 AND HIGHWAY 52
6-1-5.5 regarding rezonings, to extend a
INTERSECTION FROM PUD PLANNED UNIT
moratorium for site plan and rezoning
DEVELOPMENT WITH A PR PLANNED
applications in the Iowa 32 (Southwest Arterial)
RESIDENTIAL DISTRICT DESIGNATION TO
Corridor, presented and read.
C-3 GENERAL COMMERCIAL DISTRICT
OFFICIAL PUBLICATION
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCE NO. 33-03
THE CITY COUNCIL OF THE CITY OF
AN ORDINANCE AMENDING APPENDIX A
DUBUQUE, IOWA:
(ZONING ORDINANCE) OF THE CITY OF
Section 1. That Appendix A (The Zoning
DUBUQUE CODE OF ORDINANCES BY
Ordinance) of the City of Dubuque Code of
AMENDING SECTION 4-4.2 REGARDING
Ordinances is hereby amended by reclassifying
SITE PLANS, AND BY AMENDING SECTION
the hereinafter-described property from PUD
6-1-5.5 REGARDING REZONINGS, TO
Planned Unit Development with a PR Planned
EXTEND A MORATORIUM FOR SITE PLAN
Residential District designation to C-3 General
AND REZONING APPLICATIONS IN THE
Commercial District, to wit:
IOWA 32 / SOUTHWEST ARTERIAL
Lot 1 of Keygate Center No 2, and to the
CORRIDOR.
centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa. Whereas, the Iowa Department of
Section 2. The foregoing amendment has Transportation (IDOT) and the City of Dubuque
heretofore been reviewed by the Zoning are engaged in a study of the Southwest Arterial
Advisory Commission of the City of Dubuque, Corridor, which will include the determination of
Iowa. a preferred alignment; and
Section 3. This ordinance shall take effect Whereas, the City of Dubuque and the IDOT
immediately upon publication, as provided by desire to minimize potential development
law. conflicts during this study by extending the
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Passed, approved and adopted this 21 day of development moratorium for the Southwest
April 2003. Arterial Corridor.
Terrance M. Duggan, Mayor NOW THEREFORE, BE IT ORDAINED BY
Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF DUBUQUE, IOWA:
Published officially in the Telegraph Herald Section 1. Appendix A (Zoning Ordinance) of
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newspaper this 25 day of April, 2003. the City of Dubuque Code of Ordinances is
Jeanne F. Schneider, City Clerk hereby amended by amending Section 4-4.2 as
1t 4/25 follows:
Section 4-4.2. Application and Scope.
Buol moved that the requirement that a
Moratorium B for Site Plans in the Southwest
proposed Ordinance be considered and voted (A)
Arterial Corridor
on for passage at two Council Meetings prior to .
the meeting at which it is to be finally passed be The City Planner shall not issue conditional or
suspended and further moved final final approval for any site plan filed for property
consideration and passage of the Ordinance. in the Southwest Arterial Corridor that lies within
Seconded by Michalski. Motion carried 7-0. the corporate limits of the City of Dubuque, as
delineated on the attached drawing, from the
Development Moratorium – Proposed South-effective date of this Section to May 1, 2004,
west Arterial Corridor: Proof of publication on except where a vested right to the issuance of
notice of hearing to consider an amendment to such approval accrued to any person, firm or
the Code of Ordinances and Subdivision corporation as a matter of law prior to the
Regulations regarding a development effective date of this Section.
Application and Scope of Site Plan Review
moratorium in the proposed Southwest Arterial (B)
and Approval
Corridor and Zoning Advisory Commission .
recommending approval, and City Manager No building permit or occupancy permit shall
recommending adoption of the revised area be issued, and no construction, grading or other
submitted by the Iowa Department of land development activity listed below may be
Transportation for the Development Moratorium commenced on property unless a site plan has
in the proposed Southwest Arterial Corridor, been submitted and approved for such activity
presented and read. Michalski moved that the as set forth in this Section.
122 Regular Session, April 21, 2003
Development activities subject to the An Ordinance Amending Chapter 42
requirements of this Section may hereafter be (Subdivision Regulations) of the City of Dubuque
carried out only in substantial conformance with Code of Ordinances by amending Section 42-
the approved site plan and any conditions or 16, to extend a moratorium for subdivision plats
restrictions attached thereto. Any substantial in the Iowa 32 (Southwest Arterial) Corridor,
deviation from the approved site plan, unless presented and read.
approved in advance by the City Planner, shall
OFFICIAL PUBLICATION
be deemed a violation of this Ordinance.
ORDINANCE NO. 34-03
Development Activities Subject to Site Plan
(C)
AN ORDINANCE AMENDING CHAPTER 42
Review:
(SUBDIVISION REGULATIONS) OF THE CITY
(1) Construction or expansion of any building,
OF DUBUQUE CODE OF ORDINANCES BY
structure or freestanding sign except single-
AMENDING SECTION 42-16, TO ESTABLISH
family detached dwellings, duplexes and
A MORATORIUM FOR SUBDIVISION PLATS
townhouses of not more than two (2) units and
IN THE IOWA 32 / SOUTHWEST ARTERIAL
permitted accessory structures to a single-family
CORRIDOR.
dwelling or duplex, however, driveways to said
single-family and duplex dwellings shall be Whereas, the Iowa Department of
paved with a hard surface. Transportation (IDOT) is engaged in a study of
(2) Any change, alteration or modification in a the Southwest Arterial Corridor, which will
structure or use which would require the include the determination of a preferred
provision of additional off-street parking spaces, alignment; and
additional lot area, or other substantial change in Whereas, the IDOT has requested that the
zoning requirements applicable to such structure City of Dubuque extend the development
or use. moratorium for the Southwest Arterial Corridor
(3) The construction or creation of any parking for an additional 12 months; and
lot or the expansion of any existing parking lot. Whereas, the City of Dubuque desires to
Section 2. Appendix A (Zoning Ordinance) of minimize potential development conflicts during
the City of Dubuque Code of Ordinances is this study by enacting an additional 12-month
hereby amended by amending Section 6-1.5.5 development moratorium for the Southwest
as follows: Arterial Corridor.
Section 6-1.5.5Moratorium B for rezonings in
NOW THEREFORE, BE IT ORDAINED BY
the Southwest Arterial Corridor:
THE CITY COUNCIL OF DUBUQUE, IOWA:
In addition to the requirements of subsection 6-Section 1. Chapter 42 (Subdivision
1.5 of this Section, the City Council shall not Regulations) of the City of Dubuque Code of
give final approval to any reclassification Ordinances is hereby amended by amending
(rezoning) request for property in the Southwest Section 42-16 as follows:
Arterial Corridor that lies within the corporate Section 42-16. Southwest Arterial Corridor
limits of the City of Dubuque, as delineated on Review:
the attached drawing, from the effective date of No plat for any subdivision or resubdivision of
this Section to May 1, 2004, except where a property in the Southwest Arterial Corridor, as
vested right to the issuance of such approval delineated on the attached drawing, shall be
accrued to any person, firm or corporation as a approved by the City Council, Zoning Advisory
matter of law prior to the effective date of this Commission or City Planner during the twelve-
Section. month period from the effective date of this
Section 3. This Ordinance shall take effect Section, except where a vested right to the
upon publication, as provided by law. issuance of such approval accrued to any
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Passed, approved and adopted this 21 day of person, firm or corporation as a matter of law
April 2003. prior to the effective date of this Section.
Terrance M. Duggan, Mayor Section 2. This Ordinance shall take effect
Attest: Jeanne F. Schneider, City Clerk upon publication, as provided by law.
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Published officially in the Telegraph Herald Passed, approved and adopted this 21 day of
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newspaper this 25 day of April, 2003. April 2003.
Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
1t 4/25 Attest: Jeanne F.Schneider, City Clerk
Michalski moved that the requirement that a Published officially in the Telegraph Herald
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proposed Ordinance be considered and voted newspaper this 25 day of April, 2003.
on for passage at two Council Meetings prior to Jeanne F. Schneider, City Clerk
the meeting at which it is to be finally passed be 1t 4/25
suspended and further moved final Michalski moved that the requirement that the
consideration and passage of the Ordinance. proposed Ordinance be considered and voted
Seconded by Nicholson. Motion carried 7-0. on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
Regular Session, April 21, 2003 123
suspended and further moved final Manager recommending award of the contract to
consideration and passage of the Ordinance. Volkens Excavating in the amount of $12,332,
Seconded by Nicholson. Motion carried 7-0. presented and read. Cline moved that the
proofs and communication be received and filed.
Grants of Easement – Alliant Energy: Proof of Seconded by Connors. Motion carried 7-0.
publication on notice of hearing to consider a
RESOLUTION NO. 131-03
request from Alliant Energy to install
RESOLUTION ADOPTING
underground electrical telecommunication lines
PLANS AND SPECIFICATIONS
on City-owned property, known as Lot 1
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Heartland Place (lot located between 16 Street Whereas, on the 12 day of March, 2003,
and Kerper Court behind the old Smithfield plans, specifications, form of contract and
property) and Lot 1-2-1 Byrnes Subdivision estimated cost were filed with the City Clerk of
which is the lot upon which Usha Park is located Dubuque, Iowa for the Fiber Optic Connection
and City Manager recommending approval, Project between City Network and Port of
presented and read. Markham moved that the Dubuque.
proof and communication be received and filed. Whereas, notice of hearing on plans,
Seconded by Cline. Motion carried 7-0. specifications, form of contract, and estimated
cost was published as required by law.
RESOLUTION NO. 130-03
NOW THEREFORE, BE IT RESOLVED BY
DISPOSING OF AN INTEREST UNDER,
THE CITY COUNCIL OF THE CITY OF
OVER, AND ACROSS A PORTION OF LOT 1
DUBUQUE, IOWA:
HEARTLAND PLACE AND LOT 1-2-1
That the said plans, specifications, form of
BRYNES SUBDIVISION, DUBUQUE, IOWA,
contract and estimated cost are hereby
BY THE ISSUANCE OF EASEMENTS TO
approved as the plans, specifications, form of
ALLIANT ENERGY (INTERSTATE POWER &
contract and estimated cost for said
)
improvements for said project.
LIGHT COMPANY
st
Passed, adopted and approved this 21 day of
Whereas, the City of Dubuque, Iowa (City) is
April, 2003.
the owner of the following described real
Terrance M. Duggan, Mayor
properties:
Attest: Jeanne F. Schneider, CMC, City Clerk
Lot 1 Heartland Place
Cline moved adoption of the Resolution.
Lot 1-2-1 Byrnes Subdivision
Seconded by Connors. Motion carried 7-0.
Whereas, Alliant Energy (Interstate Power &
Light Company) desires to obtain easements
RESOLUTION NO. 132-03
under, over, and across a portion of said
AWARDING CONTRACT
properties for the purpose of constructing, using,
Whereas, sealed proposals have been
maintaining, repairing and reconstructing
submitted by contractors for the Fiber Optic
underground and overhead electrical
Connection Project between the City Network
telecommunications line(s) within such
and Port of Dubuque pursuant to Resolution No.
easement areas; and
91-03 and notice to bidders published in a
Whereas, the City Council finds that it is in the
newspaper published in the City of Dubuque,
best interest of the City to approve the
st
Iowa on the 21 day of March, 2003.
disposition of such interest in said properties.
Whereas, said sealed proposals were opened
NOW, THEREFORE, BE IT RESOLVED BY
th
and read on the 10 day of April, 2003, and it
THE CITY COUNCIL OF THE CITY OF
has been determined that the bid of Volkens
DUBUQUE, IOWA:
Excavating of Dyersville, Iowa, in the amount of
Section 1. The City Council of the City of
$12,332.00 was the lowest bid for the
Dubuque, Iowa, approves the Grants of
furnishings of all labor and materials and
Easement attached hereto and the Mayor is
performing the work as provided for in the plans
hereby authorized and directed to sign this
and specifications.
resolution and the Grants of Easement.
NOW THEREFORE, BE IT RESOLVED BY
st
Passed, approved and adopted this 21 day of
THE CITY COUNCIL OF THE CITY OF
April, 2003.
DUBUQUE, IOWA:
Terrance M. Duggan, Mayor
That the contract for the above improvement
Attest: Jeanne F. Schneider, CMC, City Clerk
be awarded to Volkens Excavating and the
Markham moved adoption of the Resolution.
Manager be and is hereby directed to execute a
Seconded by Cline. Motion carried 7-0.
contract on behalf of the City of Dubuque for the
complete performance of the work.
Fiber Optics Connection: Proofs of publication
BE IT FURTHER RESOLVED:
on notice of hearing on plans and specifications
That upon the signing of said contract and the
and notice to bidders on the receipt of bids for
approval of the contractor’s bond, the City
the Fiber Optics Connection Between City
Network and Port of Dubuque, and City
124 Regular Session, April 21, 2003
Treasurer is authorized and instructed to return CarteGraph Development Agreement: City
the bid deposits of the unsuccessful bidders. Manager recommending approval of various
st
Passed, approved and adopted this 21 day of opportunities to assist CarteGraph Systems, Inc.
April, 2003. in obtaining the job creation goals agreed to in a
Terrance M. Duggan, Mayor 1999 State of Iowa CEBA award and a
Attest: Jeanne F. Schneider, CMC, City Clerk Development Agreement between the City,
Cline moved adoption of the Resolution. Horizon Development Group, LLC (property
Seconded by Connors. Motion carried 7-0. developer) and CarteGraph Systems, Inc.
(employer), presented and read. Nicholson
Buol moved that the rules be reinstated limiting moved that the communication be received and
discussion to the Council. Seconded by filed and recommendation approved. Seconded
Michalski. Motion carried 7-0. by Michalski. Motion carried 7-0.
ACTION ITEMS
Brewery Redevelopment - Summary of
Proposal: City Manager recommending
Grand River Center – Logo Design: City approval to draft a formal Development
Manager recommending approval of the logo Agreement with The Alexander Company
design for the Grand River Center, presented regarding the redevelopment of the former
and read. Cline moved that the communication Dubuque Star Brewery building, presented and
be received and filed and approved read. Markham moved that the communication
recommendation. Seconded by Nicholson. be received and filed and approved
Motion carried 7-0. recommendation. Seconded by Cline. Motion
carried 7-0.
Wayfinding Signage: City Manager
recommending approval of design alternatives Dubuque Museum of Art: City Manager
for the Wayfinding Sign Program, presented recommending approval of an amendment to the
and read. Cline moved that the communication Dubuque Museum of Art loan agreement to
be received and filed and approved the following defer interest payments on their Downtown
recommendations: Rehabilitation loan for one year, presented and
Downtown District: Design Logo #1 voted for read. Cline moved that the communication be
by all 7 Council Members; received and filed and approved
Eagle Point District: Design Logo #1 voted for recommendation. Seconded by Michalski.
by all 7 Council Members; Motion carried 7-0.
South End District: Design Logo #1 voted for
by Cline, Connors, Markham, Michalski, Northeast Iowa Community College: City
Nicholson, and Buol; Design Logo #2 voted for Manager recommending approval of a request
by Duggan. from Northeast Iowa Community College to
College District: Design Logo #1 voted for by consider cost sharing a feasibility study for a
all 7 Council Members with change as requested business incubator in downtown Dubuque,
by the University of Dubuque to show the new presented and read. Michalski moved that the
Myers Library; communication be received and filed and
West End District: Design Logo #1 voted for by approved the recommendation. Seconded by
Cline and Nicholson; Design Logo #3 (more Cline. Motion carried 7-0.
options) voted for by Connors, Duggan,
Michalski and Buol. Design Logo #2 voted for Port of Dubuque Sign and Landscaping and
by Markham Recognition Wall: City Manager recommending
Port of Dubuque District: Nicholson stated that approval of the preliminary design and cost
the boat and wave is sufficient on the logo and estimate for landscaping and signage for the
requested they delete the background of the parking lot green space at the intersection of
downtown. Design Logo #3 (with no Bell and Third Street and for the recognition wall
background) voted for by Cline, Connors, along the landside of the floodwall outside of the
Duggan, Michalski, Nicholson; Design Logo #2 American Trust River’s Edge Plaza, presented
voted for by Markham and Buol. and read. Cline moved that the communication
Seconded by Michalski. Motion carried 7-0. be received and filed and approved
Sue Czeshinski of the Convention & Visitors recommendation. Seconded by Nicholson.
Bureau and Planning Services Director Laura Carried by the following vote: Yeas—Buol,
Carstens spoke stating they were trying to keep Cline, Connors, Markham, Michalski, Nicholson.
the signage as simple as possible for viewing by Nays—Duggan.
individuals in fast moving vehicles. Steve Ulstad spoke clarifying the plans.
Michalski commended the committee for their
hard work. Diamond Jo Lease Agreement: City Manager
recommending approval of a one-year lease
Regular Session, April 21, 2003 125
agreement with Peninsula Gaming Company, Motion carried 7-0. The meeting adjourned at
LLC for the patio area south of the Portside 9:44 P.M.
Building to allow the Diamond Jo to provide
outdoor entertainment this summer, presented /s/ Jeanne F. Schneider, CMC
and read. Markham moved that the City Clerk
communication be received and filed and 1t 4/30
recommendation approved. Seconded by Buol.
Motion carried 7-0. Approved:__________________________2003
RESOLUTION NO. 133-03
Adopted:___________________________2003
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and ______________________________________
approved; and Mayor
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 applicant a Liquor ______________________________________
License.
CLASS “C” BEER/LIQUOR LICENSE ______________________________________
Peninsula Gaming Company LLC Diamond Jo Council Members
rd
Casino (Outdoor Sale) 400 W. 3 St
Passed, approved and adopted this day 21st Attest:
of April 2003.
Terrance M. Duggan, Mayor ______________________________________
Attest: Jeanne F. Schneider, CMC, City Clerk City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Bluff Land Protection Measures (Tabled from
March 17, 2003 Meeting): Connors moved that
this be removed from the table. Seconded by
Cline. Carried by the following vote: Yeas—
Buol, Cline, Connors, Duggan, Markham,
Nicholson. Nays-Michalski.
City Manager submitting information regarding
Bluff Land Protection Measures, presented and
read. Connors moved that the information be
received and filed and discussed being pro-
active to protect areas in the City. Seconded by
Nicholson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Nicholson voiced appreciation to Staff for the
grand City Expo on April 15, 2003.
PUBLIC INPUT
David Hartig, 1255 Southern, spoke of
concerns about possible noise problems from
outdoor musical events, etc.
There being no further business, Michalski
moved to adjourn. Seconded by Markham.