2003 July Council Proceedings Special Session, July 1, 2003 189
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, July 1, 2003
Council met in Special Session at 5:00 P.M. in
Approved:__________________________2003
Conference Room B, City Hall
Adopted:___________________________2003
Present: Mayor Pro-Tem Cline, Council
Members Buol, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
______________________________________
Corporation Counsel Barry Lindahl
Mayor
Absent: Mayor Duggan
______________________________________
Mayor Pro-Tem Cline read the call and stated
this is a special session of the City Council
______________________________________
called for the purpose of approving two outdoor
service liquor licenses.
______________________________________
RESOLUTION NO. 213-03
______________________________________
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
______________________________________
and the same have been examined and
approved; and
______________________________________
Whereas, the premises to be occupied by such
Council Members
applicants were inspected and found to comply
with the State Laws and all City Ordinances
Attest:
relevant thereto and they have filed proper
bonds.
______________________________________
NOW, THEREFORE, BE IT RESOLVED BY
City Clerk
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS “C” BEER/LIQUOR LICENSE
Davey Robertson Public Bar Busted Lift
(Outdoor Service) 180 Main St
SPECIAL CLASS “C” LIQUOR LICENSE
Carroll’s Wine Company Grape Harbor
(Outdoor Service) 123 Main St
st
Passed, approved and adopted this 1 day of
July, 2003.
Patricia A. Cline, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Markham.
Motion carried 6-0. The meeting adjourned at
5:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 7/9
190 Special Session, July 1, 2003
190 Regular Session, July 7, 2003
Buol moved that the communications be
DUBUQUE
received and filed and directed Finance Director
to issue payment. Seconded by Markham.
CITY COUNCIL
Motion carried 7-0.
OFFICIAL
PROCEEDINGS
Corporation Counsel recommending
settlement of the claim of Michael Bartolotta for
City Council, Regular Session, July 7, 2003
towing fees and denial of the portion of the claim
Council met at 6:30 P.M. in the Public Library
for vehicle storage, presented and read. Buol
Auditorium
moved that the communication be received and
filed and directed Finance Director to issue
Present: Mayor Duggan, Council Members
payment. Seconded by Markham. Motion
Buol, Cline, Connors, Markham, Michalski,
carried 7-0.
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Fiscal Year 2004 Budget Amendment:
Communications from citizens regarding the
Mayor Duggan read the call and stated this is
proposed Fiscal Year 2004 budget amendment,
a regular session of the City Council called for
presented and read. Buol moved that the
the purpose of discussing such matters which
communications be received and filed.
may properly come before the City Council.
Seconded by Markham. Motion carried 7-0.
Invocation was given by Reverend Matthew
Requests to Purchase City Property:
Harris, Pastor of The Bridge Christian Church.
Communication from M. Kathryne Bauerly
requesting to purchase a portion of a City alley
Minutes and Reports Submitted: City Council
abutting property at 145 South Grandview,
of 6/16 and 6/23; Civic Center Commission of
presented and read. Buol moved that the
4/14 and 5/19; Community Development
communication be received and filed and
Advisory Commission of 4/30 and 5/28;
referred to the City Manager. Seconded by
Downtown Planning Committee of the Long
Markham. Motion carried 7-0.
Range Planning Commission of 6/9; Historic
Preservation Commission of 6/19; Housing
Communication from John E. Knox, The Finley
Commission of 5/27; Mechanical Board of 6/25;
Hospital, requesting to purchase a portion of a
Park and Recreation Commission of 6/10;
City alley abutting The Finley Hospital property
Zoning Board of Adjustment of 6/26, presented
at 1408 Delhi Street, presented and read. Buol
and read. Buol moved that the minutes be
moved that the communication be received and
received and filed. Seconded by Markham.
filed and referred to the City Manager.
Motion carried 7-0.
Seconded by Markham. Motion carried 7-0.
Proofs of publication of City Council
Request of Bill and Patty McGuire to purchase
Proceedings of 6/2 and 6/16, and List of Claims
a portion of a City alley abutting their property at
and Summary of Revenues for month ending
750 Montcrest Street, presented and read. Buol
May 31, 2003, presented and read. Buol moved
moved that the communication be received and
that the proofs be received and filed. Seconded
filed and referred to the City Manager.
by Markham. Motion carried 7-0.
Seconded by Markham. Motion carried 7-0.
Printed Council Proceedings of April, 2003,
Supplement No. 58 to the Code of Ordinances:
presented and read. Buol moved that the
City Manager recommending adoption of
proceedings be received and filed and approved
Supplement No. 58 to the Code of Ordinances,
as printed. Seconded by Markham. Motion
presented and read. Buol moved that the
carried 7-0.
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Notice of Claims/Suits: Mark Friedenberger for
vehicle damage; Mike and Jodi Hoskins for RESOLUTION NO. 214-03
vehicle damage, presented and read. Buol ADOPTING SUPPLEMENT NO. 58 TO THE
moved that the claims be referred to the Legal CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Staff for investigation and report. Seconded by
Markham. Motion carried 7-0.
Whereas, under date of July 17, 1989, the City
Council,, pursuant to Ordinance No. 34-89,
Corporation Counsel recommending
readopted the Code of Ordinances of the City of
settlement of the claim of Mike and Jodi Hoskins
Dubuque, Iowa for ordinances adopted up to
for vehicle damage and denial of the portion of
and including December 19, 1988; and
the claim for lost wages, presented and read.
Regular Session, July 7, 2003
Whereas, since December 19, 1988 the City that the communication be received and filed.
Council of the City of Dubuque, Iowa has Seconded by Markham. Motion carried 7-0.
adopted certain ordinances amending the Code
of Ordinances and said amendments have been Flat Iron Park Renovation Project: City
printed as supplements to the Code of Manager recommending acceptance of the Flat
Ordinances; and Iron Park Renovation Project as completed by
Whereas, Section 380.8 of the Code of Fondell Excavating in the final contract amount
Ordinances provides that supplements by of $124,505.34, presented and read. Buol
resolution, become part of the Code of moved that the communication be received and
Ordinances. filed. Seconded by Markham. Motion carried 7-
NOW THEREFORE BE IT RESOLVED BY 0.
RESOLUTION NO. 215-03
THE CITY COUNCIL OF THE CITY OF
ACCEPTING IMPROVEMENT
DUBUQUE, IOWA:
Section 1. That Supplement No. 58 of the WHEREAS, the contract for the Flat Iron Park
Code of Ordinances of the City of Dubuque, Renovation Project has been completed and the
Iowa, covering Ordinances through Ordinance City Manager has examined the work and filed
No. 22-03 enacted through April 7, 2003 and his certificate stating that the same has been
prepared by the Sterling Codifiers, Inc, Coeur D’ completed according to the terms of the
Alene, ID hereto filed in the Office of the City contract, plans and specifications and
Clerk of the City of Dubuque, Iowa be and is recommends its acceptance.
hereby adopted and becomes part of the Code NOW, THEREFORE, BE IT RESOLVED, BY
of Ordinances of the City of Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 7th day of DUBUQUE, IOWA:
July, 2003. 1. That the recommendation of the City
Terrance M. Duggan, Mayor Manager be approved and that said
Attest: Jeanne F. Schneider, City Clerk improvement be and the same is hereby
Buol moved adoption of the Resolution. accepted.
Seconded by Markham. Motion carried 7-0. BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
Midwest Architectural Salvage Warehouse: the contractor from the General Fund in amount
Communication from the Historic Preservation equal to the amount of his contract, less any
Commission to Vance DeLire advising that the retained percentage provided for therein.
Commission is in full support of the creation of Passed, approved and adopted this 7th day of
the Midwest Architectural Salvage Warehouse, July, 2003.
presented and read. Buol moved that the Terrance M. Duggan, Mayor
communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk
by Markham. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Worker’s Compensation Excess Insurance:
RESOLUTION NO. 216-03
City Manager recommending approval of the
FINAL ESTIMATE
renewal rates submitted by Safety National for
the City’s Worker’s Compensation Excess WHEREAS, the contract for the Flat Iron Park
Insurance effective July 1, 2003, presented and Renovation Project has been completed and the
read. Buol moved that the communication be Engineer has submitted his final estimate
received and filed and approved showing the cost thereof including the cost of
recommendation. Seconded by Markham. estimates, notices and inspection and all
Motion carried 7-0. miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
Voluntary Annexation Request: Communica-THE CITY COUNCIL OF THE CITY OF
tion from the City Manager to the Mayor of DUBUQUE, IOWA:
Asbury requesting that the Asbury City Council Section 1. That the cost of said improvement
deny the voluntary annexation request of Joel is hereby determined to be $124,505.34, and the
Callahan, Callahan Construction, Inc., presented said amount shall be paid from the General
and read. Buol moved that the communication Fund of the City of Dubuque, Iowa.
be received and filed. Seconded by Markham. Passed, approved and adopted this 7th day of
Motion carried 7-0. July, 2003.
Terrance M. Duggan, Mayor
Dubuque Main Street, Ltd.: Communication Attest: Jeanne F. Schneider, City Clerk
from Bob Felderman, President of Dubuque Buol moved adoption of the Resolution.
Main Street, Ltd., thanking the Council for their Seconded by Markham. Motion carried 7-0.
support of the Dubuque Main Street, Ltd, 2020
District Plan, presented and read. Buol moved
192 Regular Session, July 7, 2003
State Historical Society of Iowa: Fund and the General Storm Sewer Repair Fund
Communication from the State Historical Society of the City of Dubuque, Iowa.
th
of Iowa advising that the George W. Rogers Passed, approved and adopted this 7 day of
Company Shot Tower was listed in the National July, 2003.
Register of Historic Places effective May 22, Terrance M. Duggan, Mayor
2003, presented and read. Buol moved that the Attest: Jeanne F. Schneider, CMC, City Clerk
communication be received and filed. Seconded Buol moved adoption of the Resolution.
by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
West Locust Street Storm Sewer Project: City Grand River Center - Bid Package #1: City
Manager recommending acceptance of the West Manager recommending acceptance of the
Locust Street Storm Sewer Project as completed Grand River Center – Bid Package #1 Project as
by Connolly Construction in the final contract completed by Kraemer Brothers, LLC, in the
amount of $183,821.32, presented and read. final contract amount of $1,665,043.68,
Buol moved that the communication be received presented and read. Buol moved that the
and filed. Seconded by Markham. Motion communication be received and filed. Seconded
carried 7-0. by Markham. Motion carried 7-0.
RESOLUTION NO. 217-03 RESOLUTION NO. 219-03
ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT
Whereas, the contract for the West Locust Whereas, the contract for the Mississippi River
Storm Sewer Addition Project has been National Education and Conference Center
completed and the City Manager has examined Project – Package #1 – Kraemer Bros. has been
the work and filed his certificate stating that the completed and the City Manager has examined
same has been completed according to the the work and filed his certificate stating that the
terms of the contract, plans and specifications same has been completed according to the
and recommends its acceptance. terms of the contract, plans and specifications
NOW THEREFORE, BE IT RESOLVED BY and recommends its acceptance.
THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
Section 1. That the recommendation of the DUBUQUE, IOWA:
City Manager be approved and that said Section 1. That the recommendation of the
improvement be and the same is hereby City Manager be approved and that said
accepted. improvement be and the same is hereby
BE IT FURTHER RESOLVED that the City accepted.
Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City
the contractor from the General Fund and the Treasurer be and he is hereby directed to pay to
General Storm Sewer Repair Fund in amount the contractor from DRA Distribution, Vision
equal to the amount of his contract, less any Iowa grant funds, and proceeds from General
retained percentage provided for therein. Obligation Bonds in amount equal to the amount
th
Passed, approved and adopted this 7 day of of his contract, less any retained percentage
July, 2003. provided for therein.
th
Terrance M. Duggan, Mayor Passed, approved and adopted this 7 day of
Attest: Jeanne F. Schneider, CMC, City Clerk July, 2003.
Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor
Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 218-03
Seconded by Markham. Motion carried 7-0.
FINAL ESTIMATE
RESOLUTION NO. 220-03
Whereas, the contract for the West Locust
FINAL ESTIMATE
Storm Sewer Addition Project has been
completed and the City Engineer has submitted Whereas, the contract for the Mississippi River
his final estimate showing the cost thereof National Education and Conference Center
including the cost of estimates, notices and Project - Package #1 – Kraemer Bros. has been
inspection and all miscellaneous costs. completed and the City Engineer has submitted
NOW THEREFORE, BE IT RESOLVED BY his final estimate showing the cost thereof
THE CITY COUNCIL OF THE CITY OF including the cost of estimates, notices and
DUBUQUE, IOWA: inspection and all miscellaneous costs.
Section 1. That the cost of said improvement is NOW THEREFORE, BE IT RESOLVED BY
hereby determined to be $277,641.48 and the THE CITY COUNCIL OF THE CITY OF
said amount shall be paid from the General DUBUQUE, IOWA:
Regular Session, July 7, 2003
Section 1. That the cost of said improvement is Section 2. That the Mayor be authorized and
hereby determined to be $1,665,043.68 and the directed to execute two copies of the pre-design
said amount shall be paid from DRA Distribution, agreement between the City of Dubuque and the
Vision Iowa grant funds, and proceeds from Iowa Department of Transportation.
th
General Obligation Bonds of the City of Passed, adopted and approved this 7 day of
Dubuque, Iowa. July, 2003.
Passed, approved and adopted this 7th day of Terrance M. Duggan, Mayor
July, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Markham. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Dubuque Hardwoods/Miller Logging/Peavey
Grain Redevelopment Project: City Manager
Main Street Buildings’ Litigation: Corporation recommending approval of a combined notice of
Counsel requesting approval of the terms of the finding of no significant impact on the
settlement agreement in the Main Street environment and notice of intent to request
Buildings’ Litigation and directing the Finance release of funds for the Dubuque
Department to issue payment, presented and Hardwoods/Miller Logging/Peavey Grain
read. Buol moved that the communication be Redevelopment Project, presented and read.
received and filed and approved request and Buol moved that the communication be received
issuance of payment. Seconded by Markham. and filed. Seconded by Markham. Motion
Motion carried 7-0. carried 7-0.
RESOLUTION NO. 222-03
Iowa Department of Transportation – Pre-
A RESOLUTION AUTHORIZING PUBLICA-
Design Agreement: City Manager recom-
TION OF A COMBINED NOTICE OF FINDING
mending approval of a Pre-Design Agreement
OF NO SIGNIFICANT IMPACT ON THE
between the City of Dubuque and the Iowa
ENVIRONMENT AND NOTICE OF INTENT TO
Department of Transportation for improvements
REQUEST RELEASE OF FUNDS FOR THE
to US 20 relating to the proposed new US 20
FORMER DUBUQUE HARDWOODS / MILLER
Mississippi River Crossing Project, presented
LOGGING / PEAVEY GRAIN EDI PROJECT
and read. Buol moved that the communication
be received and filed. Seconded by Markham. Whereas, the City of Dubuque has received an
Motion carried 7-0. Economic Development Initiative (EDI) Special
Project grant from the U.S. Department of
RESOLUTION NO. 221-03
Housing and Urban Development, and
RESOLUTION APPROVING PRE-DESIGN
Whereas, pursuant to the rules and regulations
AGREEMENT BETWEEN THE CITY OF
as promulgated by the U.S. Department of
DUBUQUE AND THE IOWA DEPARTMENT
Housing and Urban Development, an
OF TRANSPORTATION FOR THE NEW US 20
environmental review has been processed for
MISSISSIPPI RIVER CROSSING PROJECT
the former Dubuque Hardwoods/Miller Logging/
Whereas, the Iowa Department of Peavey Grain EDI Project; and
Transportation proposes to establish or improve Whereas, based on said environmental review,
an extension of Primary Road No. US 20 as a the Department of Housing and Community
controlled access facility within the City of Development has determined that said project
Dubuque in Dubuque County, Iowa; and will have no significant impact on the
Whereas, the Iowa Department of environment; and
Transportation and the City are willing to jointly Whereas, a combined notice of "Finding of No
participate in said project, in the manner Significant Impact on the Environment" and of
hereinafter provided; and "Intent to Request Release of Funds" for said
Whereas, this Agreement reflects the current project will be sent by regular mail to various
concept of this project, subject to consideration federal, state and local public agencies; to the
of any changes in the major elements of appropriate Regional Office of the
planning or design which would affect the Environmental Protection Agency, to the HUD
project’s final concept. Area Office and to the local news media,
NOW, THEREFORE, BE IT RESOLVED BY individuals and groups known to be interested
THE CITY COUNCIL OF THE CITY OF and believed to be appropriate to receive such a
DUBUQUE, IOWA: notice; and
Section 1.That the pre-design agreement Whereas, any and all comments received as a
between the City of Dubuque and the Iowa result of such notice will be duly considered
Department of Transportation for the proposed before proceeding with a Request for Release of
new US 20 Mississippi River Crossing Project Funds and Certification.
be and is hereby approved.
194 Regular Session, July 7, 2003
NOW, THEREFORE, BE IT RESOLVED BY be received and filed. Seconded by Markham.
THE CITY COUNCIL OF THE CITY OF Motion carried 7-0.
DUBUQUE, IOWA:
RESOLUTION NO. 223-03
Section 1. That the City Clerk be and is hereby
RESOLUTION APPROVING AMENDMENT 5
authorized and directed to publish a combined
TO THE FISCAL YEAR 2003 (PROGRAM
Notice of Finding of No Significant Impact on the
YEAR 2002) ANNUAL ACTION PLAN FOR
Environment and Notice of Intent to Request
COMMUNITY DEVELOPMENT BLOCK
Release of Funds for the former Dubuque
GRANT FUNDS
Hardwoods/Miller Logging/ Peavey Grain EDI
Project and to make the Environmental Review Whereas, the City of Dubuque prepared and
Record for said project available for public filed an Annual Action Plan for Fiscal Year 2003;
inspection and comment until 8:00 am on July and
28, 2003. Such notice shall be in the form of Whereas, the City of Dubuque now desires to
Exhibit "A" attached hereto and made a part amend said Annual Plan as per the attached
hereof. Exhibit A; and
Section 2. That the environmental review Whereas, said amendment is a non-
record for the project shall be placed on file in substantial amendment as provided in the City's
the Office of the City Clerk where said record Citizen Participation Plan and must therefore be
may be examined and copied by any interested approved by resolution of the City Council after
party. review by the Community Development Advisory
Section 3. That the Mayor of the City of Commission; and
Dubuque is hereby authorized and directed to Whereas, the Community Development
submit to the U.S. Department of Housing and Advisory Commission reviewed the proposed
Urban Development fifteen (15) days after amendment on May 28, 2003, and has voted to
publication of appropriate notice a Request for approve said amendment and to recommend
Release of Funds to undertake the said project. approval by the City Council.
Section 4. That the Mayor of the City of NOW THEREFORE, BE IT RESOLVED BY
Dubuque is hereby authorized to consent to THE CITY COUNCIL OF THE CITY OF
assume the status of a responsible federal DUBUQUE, IOWA:
official under the National Environmental Section 1.That Amendment 5 to the Fiscal
Protection Act, insofar as the provisions of the Year 2003 (Program Year 2002) Annual Action
said Act apply to the U.S. Department of Plan for the Community Development Block
Housing and Urban Development Grant Program hereto attached as Exhibit A is
responsibilities for review, decision making, and hereby approved.
action assumed and carried out by the City of Section 2. That the City Manager is hereby
Dubuque as to environmental issues. authorized and directed to submit a copy of this
Section 5. That the Mayor of the City of resolution to the U. S. Department of Housing
Dubuque is hereby authorized to consent and Urban Development.
personally, in his official capacity and on behalf Passed, approved and adopted this 7th day of
of the City of Dubuque, to accept the jurisdiction July 2003.
of the federal courts if an action is brought to Terrance M. Duggan, Mayor
enforce responsibilities in relation to Attest: Jeanne F. Schneider, City Clerk
environmental review, decision-making and Buol moved adoption of the Resolution.
action. Seconded by Markham. Motion carried 7-0.
Section 6. That the Mayor of the City of
Dubuque be and he is hereby authorized and Office of the Governor: Communication from
directed to execute a certification pertaining to Governor Thomas Vilsack regarding the Iowa
the environmental review procedures. Values Fund legislation and the Republican
th
Passed, approved and adopted this 7 day of proposals for tax and regulatory changes,
July 2003. presented and read. Buol moved that the
Terrance M. Duggan, Mayor communication be received and filed. Seconded
Attest: Jeanne F. Schneider, City Clerk by Markham. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Iowa League of Cities: Communication from
Susan Judkins and Konni Kay Cawiezell, Iowa
Fiscal Year 2003 Annual Action Plan – League of Cities, requesting that the City
Amendment #5: City Manager recommending Manager participate on the League’s Legislative
approval of Amendment #5 to the City’s Policy Committee for the 2004 legislative
Community Development Block Grant (CDBG) session, presented and read. Buol moved that
Fiscal Year 2003 Annual Action Plan, presented the communication be received and filed and
and read. Buol moved that the communication approved request. Seconded by Markham.
Motion carried 7-0.
Regular Session, July 7, 2003
Economic Development Administration –
Dubuque Area Chamber of Commerce Loan Amendment to Contract: City Manager
Agreement: City Manager recommending recommending approval of Project Amendment
approval of a loan agreement between the City #1 with the Economic Development
of Dubuque and the Dubuque Area Chamber of Administration to extend the start date to
Commerce, as approved during the Fiscal Year December 17, 2003 and the end date to
2004 budget process, to support the marketing June 17, 2005 for the Adams Company
efforts of the America’s River project, presented relocation and demolition project. presented and
and read. Buol moved that the communication read. Buol moved that the communication be
be received and filed. Seconded by Markham. received and filed. Seconded by Markham.
Motion carried 7-0. Motion carried 7-0.
RESOLUTION NO.224-03 RESOLUTION NO. 225-03
APPROVING A LOAN AGREEMENT A RESOLUTION AUTHORIZING THE
BETWEEN THE CITY OF DUBUQUE, IOWA EXECUTION OF PROJECT AMENDMENT NO.
AND THE DUBUQUE AREA CHAMBER OF 1 TO A CONTRACT WITH THE ECONOMIC
COMMERCE FOR LOAN FUNDS FOR THE DEVELOPMENT ADMINISTRATION
START-UP MARKETING EFFORT BY THE
Whereas, the City Council of Dubuque has
CONVENTION AND VISITORS BUREAU FOR
approved a contract with the Economic
THE AMERICA’S RIVER PROJECTS
Development Administration (EDA) for a $2
Whereas, the Dubuque Area Chamber of Million grant to assist in the acquisition of
Commerce through its Convention and Visitors property owned by the Adams Company in the
Bureau provides services to grow the tourism Port of Dubuque, relocation of the Company,
and convention industry in Dubuque; and and demolition of the existing facility; and
Whereas, the Dubuque Area Chamber of Whereas, because of the need to facilitate the
Commerce through its Convention and Visitors negotiation of a Development Agreement with
Bureau has proposed to the City of Dubuque a the Adams Company for the purchase of the
marketing effort for America’s River projects; company’s property, the implementation of the
and contract has been delayed and an extension of
Whereas, it is in the interest of the City of time has been requested, and
Dubuque to allow the proposed marketing to Whereas, EDA has provided a proposed six
proceed; and month extension of time for the start of the
Whereas, to allow the proposed marketing to project, and has submitted Project Amendment
proceed and to accommodate budget No. 1 of the contract to the City for approval;
restrictions, the City of Dubuque has agreed to NOW, THEREFORE, BE IT RESOLVED BY
loan $350,000 to the Dubuque Area Chamber of THE CITY COUNCIL OF THE CITY OF
Commerce to pay for the start-up marketing DUBUQUE, IOWA:
effort, such funds to be available for distribution Section 1. That the attached Project
after July 1, 2003, pursuant to the terms of a Amendment #1 with EDA for an extension of
Loan Agreement, attached hereto; and time is hereby approved.
Whereas, the Dubuque Area Chamber of Section 2. That the Mayor is hereby authorized
Commerce has agreed to repay the full amount to execute, and the City Manager is hereby
of the loan upon the terms set forth in the Loan directed to submit said Project Amendment #1 to
Agreement. the Economic Development Administration.
NOW THEREFORE, BE IT RESOLVED BY Passed, approved, and adopted this 7th day of
THE CITY COUNCIL OF THE CITY OF July 2003.
DUBUQUE, IOWA: Terrance M. Duggan, Mayor
Section 1. The Loan Agreement attached Attest: Jeanne F. Schneider, City Clerk
hereto is hereby approved. The Mayor is hereby Buol moved adoption of the Resolution.
authorized and directed to sign the Loan Seconded by Markham. Motion carried 7-0.
Agreement on behalf of the City of Dubuque.
Section 2. The City Manager is hereby U.S. Department of Housing and Urban
authorized and directed to administer the Loan Development (HUD): City Manager
Agreement on behalf of the City. recommending approval of a Community
Passed, approved and adopted this 7th day of Development Block Grant (CDBG) Agreement
July, 2003. with the U.S. Department of Housing and Urban
Terrance M. Duggan, Mayor Development (HUD) in the amount of
Attest: Jeanne F. Schneider, CMC, City Clerk $1,481,000 for the program year beginning July
Buol moved adoption of the Resolution. 1, 2003 and ending June 30, 2004, presented
Seconded by Markham. Motion carried 7-0. and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
196 Regular Session, July 7, 2003
RESOLUTION NO. 226-03
be received and filed and approved refund.
RESOLUTION AUTHORIZING EXECUTION OF
Seconded by Markham. Motion carried 7-0.
A COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE U.S.
Request of MVL, Inc. for a refund of their beer
DEPARTMENT OF HOUSING AND URBAN
and liquor combination license for A and B
DEVELOPMENT.
Tavern in the amount of $633.75, presented
Whereas, under provisions of Title I of Housing and read. Buol moved that the communication
and Community Development Act of 1974, as be received and filed and approved refund.
amended, the City of Dubuque prepared and Seconded by Markham. Motion carried 7-0.
submitted an Annual Action Plan for a
Community Development Block Grant; and Business Licenses:
Whereas, the submission has been approved
RESOLUTION NO. 227-03
by the U.S. Department of Housing and Urban
Development in the amount of $1,481,000 for a NOW, THEREFORE, BE IT RESOLVED BY
twelve month program year commencing July 1, THE CITY COUNCIL OF THE CITY OF
2003 and ending June 30, 2004; and DUBUQUE, IOWA:
Whereas, a grant agreement covering the That the following having complied with the
activities proposed to be carried out with the provisions of law relating to the sale of
Community Development Block Grant funds has Cigarettes within the City of Dubuque, Iowa, be
been transmitted to the City of Dubuque by the granted a permit to sell Cigarettes and Cigarette
U. S. Department of Housing and Urban Papers within said City.
Development. 33 RENEWALS
NOW, THEREFORE, BE IT RESOLVED BY Clark # 2354 Clark Retail Enterprise, Inc
THE CITY COUNCIL OF THE CITY OF 700 Rhomberg
DUBUQUE, IOWA: Diamond Jo Casino Peninsula Gaming Co.
rd
Section 1. That the Funding Approval / 400 E. 3 St
Agreement, authorized by the U.S. Department Dubuque Discount Gas Jeffrey Streinz
of Housing and Urban Development on July 1, 2175 Central Av
2003 for a Community Development Block Grant Dubuque Greyhound Park / Casino Dubuque
to the City of Dubuque in the amount of Racing Association 1855 Greyhound Park Dr
$1,481,000 and identified as Grant Number B-Dubuque Mining Co. Apartments Ltd
03-MC-19-0004 is hereby accepted. 55 JFK Rd.
Section 2. That the Mayor of the City of Eagle Food Center #018 Eagle Food Center, Inc
Dubuque be and he is hereby authorized and 300 S. Locust St
directed to execute said Agreement on behalf of Eagle Food Center #130 Eagle Food Center,
the City of Dubuque, Iowa. Inc. 1800 Elm St
Passed, approved and adopted this 7th day of Eagle Food Center #320 Eagle Food Center, Inc
July 2003. 2050 JFK Rd
Terrance M. Duggan, Mayor Easy Street, LLC Easy Street
Attest: Jeanne F. Schneider, City Clerk 431 Rhomberg Av
Buol moved adoption of the Resolution. Fat Tuesday IBRICO Inc
Seconded by Markham. Motion carried 7-0. 1121 University Ave
Hy-Vee, Inc Hy-Vee
Stormwater Utility Implementation: City 4800 Asbury Rd
Manager providing an update on the Stormwater Hy-Vee Inc Hy-Vee
Utility Implementation, presented and read. 3500 Dodge St
Buol moved that the communication be received Jym’s Bar Jymie Lyons
and filed. Seconded by Markham. Motion 1700 Central Ave
carried 7-0. Econofoods # 471 Nash Finch Company
3355 JFK Rd
Transit Trustee Board: Communication from Michael Kalmes Kalmes Breaktime Bar
the Transit Trustee Board recommending 1097 Jackson
changes to the proposed budget reductions, Lucky 13 David Erickson
th
presented and read. Buol moved that the 385 E. 13 St
communication be received and filed. Seconded Kwik Stop Rainbo Oil Com
by Markham. Motion carried 7-0. 1685 JFK Rd
Kwik Stop Rainbo Oil Com
Business License Refunds: 2297 University Av
Kwik Stop Rainbo Oil Com
Request of Sumbal Corp for a refund of their 4039 Pennsylvania
beer permit in the amount of $18.75, presented Kwik Stop Rainbo Oil Com
and read. Buol moved that the communication 1401 Central Av
Regular Session, July 7, 2003
Kwik Stop Rainbo Oil Com (Sunday Sale) 1050 University Av
2320 Hwy 61 Passed, approved and adopted this 7th day of
Kwik Stop Rainbo Oil Com July, 2003.
2390 Central Av Terrance M. Duggan, Mayor
Kwik Stop Rainbo Oil Com Attest: Jeanne F. Schneider, CMC, City Clerk
2255 Kerper Blvd Buol moved adoption of the Resolution.
McCann’s IOCO McCann’s IOCO Seconded by Markham. Motion carried 7-0.
690 W Locust
RESOLUTION NO. 229-03
Murph’s South End Tap Pam Murphy
55 Locust St Whereas, applications for Liquor Licenses
Oky Doky # 14 Kristina Chapman have been submitted to this Council for approval
1050 University Av and the same have been examined and
Stonewall Lounge Cooper Management approved; and
299 Main St Whereas, the premises to be occupied by such
Ten Pin Tap Dolores Weber applicants were inspected and found to comply
601 Rhomberg Av with the State Laws and all City Ordinances
Tony’s Place Charles E. Steffen relevant thereto and they have filed proper
1701 Central Av bonds.
Wal-Mart Supercenter #2004 Wal-Mart Stores, NOW, THEREFORE, BE IT RESOLVED BY
Inc 4200 Dodge St THE CITY COUNCIL OF THE CITY OF
Walnut Tap Craig Weiner DUBUQUE, IOWA:
709 University Av That the Manager be authorized to cause to be
West Locust Mart Lee Potter issued the following named applicants a Liquor
408 W Locust St License.
White House Tavern David Hoffman CLASS “C” BEER/LIQUOR LICENSE
450 W Locust StPam Murphy Murphs South End Tap
th
Passed, approved and adopted this 7 day of 55 Locust St
July, 2003. Peninsula Gaming Com LLC Diamond Jo
rd
Terrance M. Duggan, Mayor Casino+(Sunday/Outdoor Sale) 400 E. 3 St
Attest: Jeanne F. Schneider, CMC, City Clerk Craig Weiner Walnut Tap+
Buol moved adoption of the Resolution. (Sunday Sale) 709 University Av
Seconded by Markham. Motion carried 7-0. Ethel Schwartz Airport Inn+
th
(Sunday Sale) 574 E. 16 St
RESOLUTION NO. 228-03
CLASS “B” WINE
BEER
Creative Touch Gallery Ooh La La
Whereas, applications for Beer Permits have 3460 Hillcrest Rd
th
been submitted and filed to this Council for Passed, approved and adopted this 7 day of
approval and the same have been examined July, 2003.
and approved: and Terrance M. Duggan, Mayor
Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, CMC, City Clerk
such applicants were inspected and found to Buol moved adoption of the Resolution.
comply with the Ordinances of the City and have Seconded by Markham. Motion carried 7-0.
filed proper bonds.
ITEMS TO BE SET FOR PUBLIC HEARING
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Sale of Real Property at 2521 Stafford Street:
That the Manager be authorized to cause to be City Manager recommending that a public
issued the following named applicants a Beer hearing be set for July 21, 2003 to consider
Permit. disposing of real property located at 2521
CLASS “B” BEER (5 – DAY SPECIAL EVENT) Stafford Street to Kristy Monahan-Smith,
Dubuque Jaycees Dubuque Jaycees – Tent A presented and read. Cline moved that the
Town Clock Plaza communication be received and filed.
Dubuque Jaycees Dubuque Jaycees – Tent B Seconded by Connors. Motion carried 7-0.
Town Clock Plaza
RESOLUTION NO. 230-03
Dubuque Jaycees Dubuque Jaycees – Tent C
RESOLUTION OF INTENTION TO DISPOSE
Town Clock Plaza
OF CITY-OWNED PROPERTY, SPECIFI-
Northend Neighborhood Assc Northend Neigh-
CALLY, LOT TWO (2) OF LOT ONE (1) AND
borhood Assc 2400 Jackson St
THE EAST ONE-HALF (E1/2) OF LOT FOUR
Four Mounds Foundation, Inc Four Mounds
th
(4) OF LOT TWO (2) BOTH IN GEIGER’S
Foundation-Blues Fest 7 & Main St
SUBDIVISION IN THE CITY OF DUBUQUE,
CLASS “C” BEER PERMIT
COUNTY, DUBUQUE, IOWA ACCORDING TO
K-Chap Foods, Inc. Oky Doky # 14+
198 Regular Session, July 7, 2003
THE RECORDED PLAT THEREOF; RESOLUTION NO. 231-03
OTHERWISE KNOWN AS 2521 STAFFORD RESOLUTION DECLARING THE INTENT OF
STREET. THE CITY OF DUBUQUE, IOWA, TO
SUBORDINATE A MORTGAGE INTEREST IN
WHEREAS, the City of Dubuque purchased at
CERTAIN REAL ESTATE
sheriff’s sale the property at 2521 Stafford Street
in order to recover a rehabilitation loan balance Whereas, Cooper Development Company,
of $24 000; and LLC executed and delivered a Real Estate
WHEREAS, a family displaced by fire from Mortgage to the City of Dubuque, Iowa (“City”),
their homestead residence has offered to filed August 3, 2001, as Instrument No. 12323-
purchase this property from the City. 01, in connection with Downtown Rehabilitation
NOW, THEREFORE, BE IT RESOLVED BY Loan Program #3-01 from City; and
THE CITY COUNCIL OF THE CITY OF Whereas, City Lot 73 (except the southerly 3
DUBUQUE, IOWA: inches thereof) in the City of Dubuque, Dubuque
Section 1. That the City of Dubuque, Iowa, County, Iowa, is the real estate parcel described
intends to dispose of its interest in the following in said Mortgage; and
legally-described property: Whereas, City and Dubuque Bank & Trust
Lot Two (2) of Lot One (1) and the East One-half both have Mortgage interests in the above-
(E1/2) of Lot Four (4) of Lot Two (2) both in described real estate; and
Geiger’s Subdivision in the City of Dubuque, Whereas, Dubuque Bank & Trust requires that
County of Dubuque, Iowa according to the the City subordinate its Mortgage interest in the
recorded plat thereof. above-described real estate to Dubuque Bank &
Section 2. That the City of Dubuque, Iowa Trust’s interest to allow Cooper Development to
proposes to dispose of its interest in the above increase its rehabilitation loan with the bank; and
described real estate to Kristy Monahan-Smith Whereas, the City Council has determined that
for the sum of seventy-one thousand five the execution of a subordination agreement with
hundred dollars ($71 500). Dubuque Bank & Trust regarding the above-
Section 3. That the City Council meet in the described real estate mortgage is in the public
th
Carnegie Stout Public Library Auditorium, 11 interest.
and Bluff Streets, Dubuque, Iowa, at 6:30 pm on NOW, THEREFORE, BE IT RESOLVED BY
July 21, 2003, for the purpose of holding a public THE CITY COUNCIL OF THE CITY OF
hearing and taking final action on the disposition DUBUQUE, IOWA:
of the above described real estate in the City of Section 1. That it is the intent of the City
Dubuque, Iowa. Council to execute a subordination agreement
Section 4. That the City Clerk be and she is with Dubuque Bank & Trust with regard to the
hereby authorized and directed to cause a above-described Mortgage on the following
notice of such public hearing and the City described real estate located in the City of
Council’s intent to dispose of such property to be Dubuque, Iowa:
published as prescribed under Iowa Code City Lot 73 (except the southerly 3 inches
Section 364.7. thereof) in the City of Dubuque, Dubuque
th
Passed, approved and adopted this 7 day of County, Iowa.
July 2003. Section 2. That the City Clerk is hereby
Terrance M. Duggan, Mayor directed to give notice in the manner required by
Attest: Jeanne F. Schneider, CMC, City Clerk law of a public hearing to be held on July 21,
Cline moved adoption of the Resolution and 2003 at 6:30 P.M. in the Auditorium of the
further set this for public hearing on 7/21/03 at a Carnegie-Stout Public Library, at which time and
meeting to commence at 6:30 P.M. in the public place all interested parties will be given
library auditorium and that the City Clerk publish opportunity to be heard for or against the
notice in the manner prescribed by law. proposal to dispose of the real estate interests
Seconded by Connors. Motion carried 7-0. herein described.
Passed, adopted and approved this 7th day of
Cooper Development Loan Subordination July 2003.
Agreement: City Manager recommending that a Terrance M. Duggan, Mayor
public hearing be set for July 21, 2003 to Attest: Jeanne F. Schneider, City Clerk
consider approval of a Subordination Agreement Cline moved adoption of the Resolution and
with Dubuque Bank and Trust Company related set this for public hearing on 7/21/03 at a
to the City’s mortgage interest associated with meeting to commence at 6:30 P.M. in the public
Cooper Development Company’s Downtown library auditorium and that the City Clerk publish
Rehabilitation Loan, presented and read. Cline notice in the manner prescribed by law.
moved that the communication be received and Seconded by Connors. Motion carried 7-0.
filed. Seconded by Connors. Motion carried 7-
0.
Regular Session, July 7, 2003
BOARDS/COMMISSIONS
contact for homeowners and that an explicit time
frame be readily available. Housing and
Appointments to the following Boards / Community Development Director David Harris
Commissions: responded that his department would be the
CIVIC CENTER COMMISSION (Two three-contact for the homeowners.
year terms to expire 6/29/06 – terms of Dolphin
and Fuller): Applicants: Gary Dolphin and Low-Income Subsidy for Stormwater Utility:
Cynthia A. Fuller. Cline moved that Gary City Manager recommending approval of the
Dolphin and Cynthia Fuller be reappointed to low-income subsidy criteria for the Stormwater
three year terms to expire 6/29/06. Seconded Utility that is used by Utility Billing for refuse
by Michalski. Motion carried 7-0. subsidies, presented and read. Michalski
LONG RANGE PLANNING ADVISORY moved that the communication be received and
COMMISSION (Two three-years terms through filed and approved the recommendation.
7/1/06 – terms of Neumeister and Stein): Seconded by Cline. Motion carried 7-0.
Applicants: Dr. Mary Lynn Neumeister and Rick
Stein. Michalski moved that Dr. Mary Lynn Affordable Housing Task Force Report
Neumeister and Rick Stein be reappointed to Update: City Manager recommending revisions
three year terms which will expire 7/1/06. for implementation of the Affordable Housing
Seconded by Cline. Motion carried 7-0. Task Force 2001 report, presented and read.
PARK AND RECREATION ADVISORY Markham moved that the communication be
COMMISSION (One three-year term through received and filed and recommendation
6/30/06 – term of Duggan): Applicant:Chuck approved. Seconded by Buol. Motion carried 7-
Duggan. Markham moved that Chuck Duggan 0.
be reappointed to a three year term which will
expire 6/30/06. Seconded by Buol. Motion RISE Grant for Highway 32 (Southwest
carried 7-0. Arterial): City Manager recommending approval
of the application for a Revitalize Iowa’s Sound
ACTION ITEMS
Economy (RISE) grant from the Iowa
Department of Transportation for the
Asbury Plaza Detention Facility: Com-construction of Iowa Highway 32 (Southwest
munication of Werner Hellmer, representing Arterial), presented and read. Cline moved
Joseph and Judy Riniker, requesting to address that the communication be received and filed.
the Council regarding the Asbury Plaza Seconded by Connors. Motion carried 7-0.
Detention Facility and City Manager responding
RESOLUTION NO. 232-03
to the communication from Werner Hellmer
A RESOLUTION AUTHORIZING THE FILING
regarding the Asbury Plaza Detention Facility,
OF AN APPLICATION TO THE IOWA
presented and read. Nicholson moved that the
DEPARTMENT OF TRANSPORTATION
communications be received and filed.
Seconded by Cline. Motion carried 7-0. Whereas, the City Council of Dubuque, Iowa
Attorney Werner Hellmer spoke stating the has identified the completion of Iowa Highway
detention basin is not functional. 32 (Southwest Arterial) as the City’s number one
Assistant City Engineer Gus Psihoyos advised transportation priority, and
that the City is working with the developer to Whereas, the Iowa Department of
correct the situation. He further stated that a Transportation has funding available through the
new erosion control ordinance should be Revitalize Iowa’s Sound Economy (RISE) to
completed by March, 2004. assist the State of Iowa in design and
construction of Highway 32, and
Acquisition-Relocation Assistance Program for Whereas, an application has been prepared
Bee Branch Basin Stormwater Mitigation for RISE funding in the amount of $10 Million.
Activities: City Manager recommending NOW, THEREFORE, BE IT RESOLVED BY
approval of policies and procedures for THE CITY COUNCIL OF THE CITY OF
administration of an assistance program to DUBUQUE, IOWA:
households to be displaced due to stormwater Section 1. That the filing of an application for
mitigation activities related to the Bee Branch $10,000,000 of RISE funding for the Iowa
nd
Basin, and beginning acquisition for the 32 Highway 32 project is hereby approved.
Street Detention Basin, presented and read. Section 2. That the Mayor is hereby authorized
Cline moved that the communication be to execute, and the City Manager is hereby
received and filed and approved directed to submit said application to the Iowa
recommendation. Seconded by Nicholson. Department of Transportation, together with
Motion carried 7-0. other attachments as may be required.
th
Council discussed this project and directed Passed, approved, and adopted this 7 day of
that a specific staff member be designated as a July, 2003.
200 Regular Session, July 7, 2003
Terrance M. Duggan, Mayor Section 3. Section 45-54 of the City of
Attest: Jeanne F. Schneider, City Clerk Dubuque Code of Ordinances is hereby
Cline moved adoption of the Resolution. amended to read as follows:
Seconded by Connors. Motion carried 7-0. In the event the owner of a lot or parcel of land,
shall fail to remove weeds, vines or other
Health Services Department Weed growth, it shall be the duty of the city manager to
Procedures: City Manager submitting two cause said weeds, vines or other growth to be
options for revisions to the City’s weed cut and destroyed and to certify the actual cost
procedures and requesting City Council thereof to the city clerk who, in turn, shall certify
direction, presented and read. Buol moved that such cost plus the costs of administration to the
the communication be received and filed. county treasurer and it shall then constitute a
Seconded by Markham. Carried by the following lien against said property and be collected with
vote: Yeas—Buol, Connors, Duggan, Markham, and in the same manner as general property
Michalski, Nicholson. Nays—Cline. taxes on said property.
Section 4. Section 45-55 of the City of
Donna Schmidt, 352 O’Neill St., spoke Dubuque Code of Ordinances is hereby
objecting to the condition of a neighboring home. repealed.
Council discussed the merits of the various time Section 5. This Ordinance shall take effect
frames to accomplish the necessary clean-up. upon publication.
Passed, approved and adopted this 7th day of
An Ordinance Amending Chapter 42 July, 2003.
Vegetation of the City of Dubuque Code of Terrance M. Duggan, Mayor
Ordinances by repealing Section 45-52 Notice to Attest: Jeanne F. Schneider, City Clerk
Property Owner to Remove; by amending Published officially in the Telegraph Herald
th
Section 45-53 Compliance with Removal Notice newspaper this 14 day of July, 2003.
Required; by amending Section 45-54 Collection Jeanne F. Schneider, City Clerk
of Cost of Removal by City; and by repealing 1t 7/14
Section 45-55 Failure to Comply with Weed Buol moved that the requirement that a
Removal Notice After Service of Second Notice, proposed Ordinance be considered and voted
presented and read. on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
OFFICIAL PUBLICATION
suspended and further moved final consi-
ORDINANCE NO. 46-03
deration and passage of the Ordinance.
AN ORDINANCE AMENDING CHAPTER 42
Seconded by Markham. Carried by the following
VEGETATION OF THE CITY OF DUBUQUE
vote: Yeas—Buol, Connors, Duggan, Markham,
CODE OF ORDINANCES BY REPEALING
Michalski, Nicholson. Nays—Cline.
SECTION 45-52 NOTICE TO PROPERTY
OWNER TO REMOVE; BY AMENDING
Carter Road Detention Basin – Design
SECTION 45-53 COMPLIANCE WITH
Parameters: City Manager recommending
REMOVAL NOTICE REQUIRED; BY
approval of design parameters contained in
AMENDING SECTION 45-54 COLLECTION OF
Option #3 as developed by Veenstra and Kimm
COST OF REMOVAL BY CITY; AND BY
for the Carter Road Detention Basin, presented
REPEALING SECTION 45-55 FAILURE TO
and read. Buol moved that the communication
COMPLY WITH WEED REMOVAL NOTICE
be received and filed and approved
AFTER SERVICE OF SECOND NOTICE.
recommendation. Seconded by Markham.
NOW, THEREFORE, BE IT ORDAINED BY Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Sidewalk Café Ordinance: City Manager
Section 1. Section 45-52 of the City of recommending approval of criteria for the
Dubuque Code of Ordinances is hereby placement of sidewalk cafes on public right-of-
repealed. way, presented and read. Michalski moved that
Section 2. Section 45-53 of the City of the communication be received and filed.
Dubuque Code of Ordinances is hereby Seconded by Connors. Motion carried 7-0.
amended to read as follows:
Sec. 45-53. Duty to remove: An Ordinance Amending Chapter 41 Streets,
It shall be the duty of an owner of any lot or Sidewalks and Other Public Places of the City of
parcel of land to remove weeds, vines or other Dubuque Code of Ordinances by adding thereto
growth, by cutting or destroying such weeds, a new Division 6 Sidewalk Cafés, presented and
vines or other growth in such a manner as to read.
remove such hazard.
Regular Session, July 7, 2003
need for use of the public right of way where the
OFFICIAL PUBLICATION
sidewalk café area is located for a valid public
ORDINANCE NO. 47-03
purpose.
AMENDING CHAPTER 41 STREETS,
(c) The restaurant owner shall provide a
SIDEWALKS AND OTHER PUBLIC PLACES
certificate of insurance with coverage
OF THE CITY OF DUBUQUE CODE OF
satisfactory to the City Manager and shall agree
ORDINANCES BY ADDING THERETO A NEW
to hold the city of Dubuque, its officers and
DIVISION 6 SIDEWALK CAFÉS
employees harmless from and against any and
NOW THEREFORE, BE IT ORDAINED BY
all claims of any kind arising out of the use of the
THE CITY COUNCIL OF THE CITY OF
public right of way.
DUBUQUE, IOWA AS FOLLOWS:
Sec. 41-182. Sidewalk Cafe Area:
Section 1. Chapter 41 of the City of Dubuque
(a) A sidewalk cafe area shall not extend onto
Code of Ordinances is hereby amended by
the sidewalk in a manner that will not allow a
adding thereto the following:
minimum of three feet (3') of unobstructed
DIVISION 6. SIDEWALK CAFÉS
sidewalk adjacent to the street for pedestrian
Sec. 41-180. Sidewalk Cafés Authorized:
use.
(a) A sidewalk café in the public right of way
(b) No tables and chairs shall be placed in
may be operated only as set forth in this
street corner areas defined by building lines
Division.
extended to the street, and no closer than ten
(b) A sidewalk cafe in the public right of way
feet (10') from a disabled ramp.
shall be permitted only in districts zoned C-4
(c) The sidewalk cafe area shall be delineated
Downtown Commercial District, C-5 Business
by ropes or some other temporary suitable
District or OC Office Commercial District or in
method, which shall be clearly visible to
the Port of Dubuque PUD District.
pedestrians. Such temporary delineation and all
(c) The sidewalk cafe area must be contiguous
tables, chairs and other items shall be removed
with a side of a building wherein a restaurant or
at the end of each day's operation of the
food service establishment is located .
sidewalk café area, and the sidewalk cafe area
(d) A restaurant or food service establishment
shall be restored to its normal condition as a
that operates a sidewalk café must be licensed
pedestrian-way. No materials shall be stored on
by the department of public health.
the public right of way.
Sec. 41-181 Sidewalk Cafe Permit:
(d) The restaurant owner may submit a
(a) No restaurant owner shall operate a
request to place anchored fencing in a public
sidewalk café in the public right of way without a
sidewalk, subject to approval by the City
permit therefore. The restaurant owner shall file
Manager. Any tables, chairs, and other items
an application with the City Manager on a form
that are stored outdoors shall be secured within
provided by the City Manager. The owner shall
the anchored fencing at the end of each day's
agree to abide by all state and local laws
operation of the sidewalk café area so that they
governing use of the public right of way. The
are unusable and will not block or obstruct
application for a new permit shall include the
emergency exits from any building. The
location of all trees, poles, benches, grating and
restaurant owner shall be responsible for any
other amenities or obstructions in the right of
damages to the sidewalk caused by the
way, and the location of any proposed furniture
placement of any anchored fencing. A ($200)
or equipment. The application shall be
deposit shall be required prior to the placement
accompanied by a photograph or detailed
of any anchored fencing on a public sidewalk
renderings of the sidewalk café area and all
and shall be returned when, in the judgment of
proposed tables, chairs, barriers or other
the City Manager, the sidewalk is restored to its
furniture or equipment. The applicant shall pay
prior condition.
a fee established by the City Manager. The
(e) A sidewalk cafe area may not include any
permit shall be for one 12-month period from the
public amenities such as benches, seats, tables
date of issuance of the permit.
or trash receptacles.
(b)The City Manager may revoke a sidewalk
Sec. 41-183. Days And Hours Of Operation:
café permit upon written notice to the restaurant
(a) A sidewalk cafe may be operated any time
owner for a violation of the conditions of the
of the year.
permit and after a reasonable opportunity for the
(b) A sidewalk cafe shall be setup and
restaurant owner to remedy the violation has
operated each day only between the hours of
expired. Grounds for termination of the permit
seven o'clock (7:00) A.M. and ten o’clock P.M.
include, but are not limited to, a violation of state
(10:00) Sunday through Thursday and seven
liquor control laws, a violation of this Code of
o’clock (7:00) A.M. and twelve o'clock (12:00)
Ordinances including this Division, or the
midnight Friday and Saturday. The sidewalk
creation of a safety hazard, health hazard or
café area shall be restored to and maintained as
public nuisance. The City Manager may also
a normal pedestrianway at all other times.
terminate the permit if the City Manager
determines there is a substantial and reasonable
202 Regular Session, July 7, 2003
(c) Food and beverages shall be available for (k) No permit shall be issued for a restaurant
service to patrons in a sidewalk cafe area during café area in the Port of Dubuque PUD District
all hours of operation of the sidewalk cafe. unless such area complies with the Ice Harbor
Sidewalk cafes shall not operate when the Urban Renewal District Design Standards.
restaurant kitchen is closed. (l) The restaurant owner shall not in any way
Sec. 41-184. Sound Equipment: interfere with access to public or city utilities
Amplified sound equipment shall not be located and/or operated within the public right of
permitted in a sidewalk café area. way.
Sec. 41-185. Operation Of Sidewalk Cafés: (m) The operation of a sidewalk cafe shall
(a) The City Manager shall have the right in conform to all applicable federal, state, and local
the City Manager’s discretion to limit the number laws and regulations.
th
of sidewalk café areas. Passed, approved and adopted the 7 day of
(b) Advertising shall not be permitted in the July 2003.
sidewalk cafe area except for the name of the Terrance M. Duggan, Mayor
establishment, which may be placed on chairs, Attest: Jeanne F. Schneider, CMC, City Clerk
tables, umbrellas or other amenities, as Published officially in the Telegraph Herald
th
approved by the City Manager. The amenities newspaper this 11 day of July, 2003.
used in the sidewalk cafe area shall at all times Jeanne F. Schneider, City Clerk
be maintained in good condition. 1t 7/11
(c) No building entrances or exits shall be Michalski moved that the requirement that a
blocked in a sidewalk cafe area. proposed Ordinance be considered and voted
(d) The restaurant owner shall not obstruct the on for passage at two Council Meetings prior to
pedestrian right of way adjacent to the sidewalk the meeting at which it is to be finally passed be
café area. No sidewalk café furniture shall be suspended and further moved final
placed closer than three feet (3’) to a street and consideration and passage of the Ordinance.
have a barricade not less than thirty (30”) inches Seconded by Connors. Motion carried 7-0.
and not more than forty (40) inches high. A
sidewalk cafe shall remain within the approved Long Range Planning Advisory Commission:
boundaries of the sidewalk café area as shown Appointment of Council representative and
on the restaurant owner’s application. alternate to the Long Range Planning Advisory
(e) The City Manager may require additional Commission (currently Council Member Buol
restroom capacity for a restaurant with a and Mayor Duggan as alternate) for term from
sidewalk café to comply with building and July 1, 2003 through June 30, 2004, presented
housing requirements in this Code of and read. Michalski moved that the
Ordinances. communication be received and filed and
(f) Occupancy limits for sidewalk café area reappointed the present appointees. Seconded
shall be determined as set forth in criteria for by Markham. Motion carried 7-0.
outdoor service of alcoholic beverages on public
right of way. Safety of the Public: City Manager providing
(g) The restaurant owner shall not be required information related to citizen safety issues,
to provide additional parking for the operation of presented and read. Buol moved that the
a sidewalk cafe. communication be received and filed. Seconded
(h) A sidewalk cafe area shall be subject to by Michalski. Motion carried 7-0.
inspection at any time in the discretion of the
City Manager. Fiscal Year 2004 Budget Amendment: City
(i) A sidewalk cafe serving food or alcoholic Manager submitting modifications to the Fiscal
beverages shall have an employee monitoring Year 2004 Budget Amendment recom-
the area at all times when alcohol is being mendations for the July 9, 2003 public hearing,
consumed. Service of food or alcohol beverages presented and read. Michalski moved that the
in a sidewalk cafe area shall be limited to communication be received and filed. Seconded
persons seated at tables in the sidewalk café by Markham. Motion carried 7-0.
area.
(j) The restaurant owner shall be responsible There being no further business, Michalski
for trash removal and shall maintain the area moved to adjourn. Seconded by Connors.
and the area within five feet (5') of the sidewalk Motion carried 7-0. The meeting adjourned at
café area in a clean and litter free manner during 8:15 P.M.
all hours of operation. The restaurant owner
shall restore the area and the area within five /s/ Jeanne F. Schneider, CMC
feet (5') of the sidewalk café area to its normal City Clerk
condition as a pedestrian-way, free of litter after 7/16
operation of the sidewalk cafe each day.
Regular Session, July 7, 2003
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
204 Special Session, July 9, 2003
fare increases, presented and read. Michalski
DUBUQUE
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Michalski moved to suspend the rules to allow
PROCEEDINGS
anyone present to address the Council if they so
desire. Seconded by Markham. Motion carried
City Council, Special Session, July 9, 2003
7-0.
Council Met at 6:00 P.M. in the Five Flags
Theater
Public input and discussion were given on
departments in the following order:
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Airport – No comments;
Nicholson, City Manager Van Milligen,
Building Services – No comments;
Corporation Counsel Lindahl
Cable TV – No comments;
City Clerk’s Office – No comments;
Mayor Duggan read the call and stated this is
City Council – No comments;
a Special Session of the City Council called for
City Manager’s Office – No comments;
the purpose of conducting a Public Hearing on
Economic Development – No comments;
the Fiscal Year 2004 Budget Amendment.
Emergency Communications – No comments;
Emergency Management – No comments;
Proofs of Publication on Notice of Public
Engineering/Public Works – Steve Cavanaugh,
Hearing on Budget Amendment for Fiscal Year
955 Shelby Street and representing BFI, stated
2004, presented and read. Michalski moved
that the increase for dumpster fees from $5.00
that the proofs be received and filed. Seconded
to $100.00 was unreasonable;
by Cline. Motion carried 7-0.
Finance – No comments;
Fire – The following spoke in opposition to
Communication of the City Manager regarding
cutting any positions in the Fire Department,
the Fiscal Year 2004 budget amendment,
some citing the past professional and timely
presented and read. Michalski moved that the
actions of the Fire Department personnel and
communication be received and filed. Seconded
the possible danger of not enough personnel in
by Cline. Motion carried 7-0.
emergency situations: Mrs. John (Marlene)
Boland, Morgan Eitter, Tom Ready, Judith
Communication from Wayne Dow, Firefighter,
Krueger, Marian Williams, Sue Voelker, Merle
concerning the proposed budget recom-
Duehr as the representative of Dubuque
mendations, presented and read. Michalski
Federation of Labor, Jim Miller as a Fire Dept.
moved that the communication be received and
retiree, John Finn of The Busted Lift, Rosemary
filed. Seconded by Cline. Motion carried 7-0.
Heim, Mike Burds of the Fire Dept., Jody
Diercks, Joanie McDonough, Jennifer Klaus,
Communication from Jonas Bandy, Vice-
Linda Woods, Ray Hutchinson, Dave Beaves,
President of the Dubuque Professional
Dr. Doug Butzier, John Walker, Christie Luster,
Firefighters’ Association, regarding proposed
Jonas Bandy, Julie Bandy, Charles Blasen, Jim
staffing reductions in the Fire Department,
Burdt, David Grass, Steve Haupert, Amie
presented and read. Michalski moved that the
Wilson, Dale Rader, Jeff Sanderfield. Chuck
communication be received and filed. Seconded
Duggan, Mike McMahon, Terry Stewart, Bob
by Cline. Motion carried 7-0.
Boland, Kevin Schmitt, Pat Easch, Becky
Stumpf, Robin Kennicker; Noelle Coleman,
Communication from Marian Williams, 1120
Laura Behnke, Linda Peacock, Bobbie Delaney,
Savanna Drive, regarding cutting the police and
Jim Mitchell, Dave Schuster, Duane Prine.
fire departments, presented and read. Michalski
Five Flags – No comments;
moved that the communication be received and
Health – No comments;
filed. Seconded by Cline. Motion carried 7-0.
Housing and Community Development – John
Herrig, 13668 Surrey Lane, spoke in opposition
Communication from Angela J. Petsche, 2301
to the increase in rental license fees, Donna
Prince Street, in opposition to cutting positions
Schmitt, 11470 Rupp Hollow Road, spoke in
from the Fire Department, presented and read.
opposition to the wages of employees supported
Michalski moved that the communication be
by federal funds being frozen;
received and filed. Seconded by Cline. Motion
Human Rights – No comments;
carried 7-0.
Information Services – Dave Grass,
Firefighter, spoke in opposition to the elimination
Petitions from citizens regarding the proposed
of overtime as these services are vital to the Fire
cuts to Keyline bus service and the proposed
Department twenty-four hours a day;
Special Session, July 9, 2003 205
Legal – No comments; Davidson, 125 West Ninth, spoke in opposition
Library – Michael Shubatt, Library Board of to any decrease in service or increase in fares;
Trustees, thanked the City Manager for Water Department – No comments.
changing the budget recommendations with Water Pollution Control Plant – No comments.
regards to the Library; Matthew Zmudka, as a Purchase of Services – No comments.
Library Intern, spoke in opposition to any cuts at
the Library; Connor Anderson, Information Mayor Duggan opened the floor to anyone
Specialist at the Library, spoke in support of who had not had the opportunity to speak.
retaining the Library’s level of service; Ruth
Scharnau, 2905 Wilderness Road, spoke in John Mauss, 1515 Auburn Street, spoke in
support of the Library; opposition to putting the burden on non-
Operations and Maintenance – No comments; bargaining unit employees and spoke in support
Park Division – Dave Baker, President of the of saving all positions; Bob Schmitt, 3138
Teamster Local #421, spoke in opposition to Hillcrest Road , spoke in support of using
cutting the Park Ranger position and police and $419,000 uncommitted funds for the operating
fire positions; Dave Birch, 2106 Kniest, spoke in budget; Jerrod Atkinson spoke in support of
favor of retaining the Park Ranger position; paying higher taxes rather than cutting positions
Parking Division – No comments; and services; Jim Giesen, 1600 Lori Court,
Planning Services – No comments; questioned what the property tax increase would
Police Department – Jonas Bandy, Vice-be if fifty percent of the deficiency were funded
President of the Dubuque Professional by property taxes.
Firefighters’ Association, spoke in opposition to
any cuts in the Police Department as Police and Michalski moved that the public hearing
Fire depend on each other; Tom Pregler, portion on the Budget be closed. Seconded by
speaking on behalf of the Police Protective Markham. Motion carried 7-0.
Association, spoke in opposition to any cuts in
the Police Department; Tom Ready, President of An Ordinance Amending the City of Dubuque
the Dubuque Professional Firefighters’ Code of Ordinances Section 40-37 Paragraphs
Association, stated it was vital to have complete (a), (b) and (c) establishing charges for the
Police Department force; Cindy Markus spoke in collection and disposal of solid waste and
opposition to any police or fire cuts; Police recyclable materials increasing the base fee
Officer Rebecca Stieber spoke in opposition to from $7.49 per dwelling unit per month to $7.60,
any reductions in the Police Department; presented and read.
Rosemary Heim spoke in opposition to cuts in
OFFICIAL PUBLICATION
the Police Department; Police Captain Paula
ORDINANCE NO. 48-03
Gieseman, spoke in opposition to the pay
AN ORDINANCE AMENDING CITY OF
freeze for non-bargaining unit employees;
DUBUQUE CODE OF ORDINANCES
Matthew Wright spoke in opposition to any
SECTION 40-37 PARAGRAPHS (a), (b) AND
police or fire cuts;
(c) ESTABLISHING CHARGES FOR THE
Recreation – No comments;
COLLECTION AND DISPOSAL OF SOLID
Transit – John Tippe, as a full-time bus driver,
WASTE AND RECYCLABLE MATERIALS
spoke in support of no changes to the Keyline
INCREASING THE BASE FEE FROM $7.49
budget and suggested using $500,000 per year
PER DWELLING UNIT PER MONTH TO $7.60
from the Reserve Fund; Part Time Bus Operator
Steve Didato, spoke in opposition to the NOW, THEREFORE, BE IT ORDAINED BY
elimination of Saturday service; Rosemary CITY COUNCIL OF THE CITY OF DUBUQUE,
Heim, spoke in opposition to the elimination of IOWA:
Saturday service; Lisa Timmerman, 444 Angella, Section 1. Section 40-37 (a), (b), and (c) of the
stated she is dependent on Saturday service; Sr. City of Dubuque Code of Ordinances is hereby
Dolores Ulrich, 3485 Windsor, on behalf of the amended to read as follows:
low-income and elderly, spoke in opposition to Sec. 40-37. Charges-Amounts; Exceptions1:
the increase in Keyline fares and the elimination (a) Class I Premises: Except as qualified below,
of Saturday service; Pat Healy, a Transit a fee of seven dollars and sixty cents ($7.60) per
employee, and Jean Wuertzer, a bus rider from dwelling unit per month shall be paid to the city
ARC, spoke objecting to deletion of Saturday by the property owner of each class I premises
bus service. Robert O’Brien, 2198 St. John for such services. Said fee shall be in payment
Drive, spoke in support of expanding the Keyline for collection and disposal of one 35-gallon can
bus service; Terry Shaffer, 745 Roberts, spoke or one 35-gallon trash bag of "solid waste" as
in favor of maintaining the Keyline bus service defined in this chapter. There is no limit on the
as well as Police and Fire positions; Jonas number of bins allowed to be collected
Bandy, 950 Glen Oak, spoke in opposition to the containing acceptable "recyclable materials" as
elimination of any services at Keyline; Sara defined in this chapter. Exceptions to the
206 Special Session, July 9, 2003
collection charges for class I premises are as gallon can or one 35-gallon trash bag of "solid
follows: waste" as defined. There is no limit on the
(1) When a class I premises has been vacant number of bins allowed to be collected
for a period not less than three (3) consecutive containing acceptable "recyclable materials" as
months, the owner may apply to the city defined.
manager for a credit under procedures to be The owner of a class III premises served by
established by the city manager. Such credit city solid waste collection may provide the city
shall continue only so long as the class I manager with not less than fourteen (14) days'
premises is vacant. written notice of intent to terminate the service.
(2) Class I premises when the head of the Such termination of service shall be effective at
household is sixty five (65) years of age or older the beginning of the next billing period after such
and has an annual income equal to or less than fourteen (14) day notice period.
the income standards used by HUD for its Section 2. This ordinance shall take upon
"section eight (8) housing program" for one- and publication.
th
two-person households may, upon application to Passed, approved and adopted this 9 day of
the city manager, be exempted from one-half July, 2003.
(1/2) the established collection charge. After the /s/Terrance M. Duggan, Mayor
initial application, annual application shall be Attest: /s/Jeanne F. Schneider, CMC, City Clerk
made by the head of household on July 1 of Published officially in the Telegraph Herald
th
each year to verify annual income and eligibility. Newspaper the 14 day of July, 2003.
(3) In cases of extreme financial hardship, the /s/Jeanne F. Schneider, CMC, City Clerk
city manager, may and is hereby authorized and 1t 7/14
empowered to, make adjustments in the monthly Buol moved that the requirement that a
collection charges as the city manager may proposed Ordinance be considered and voted
deem appropriate. In such cases, the city on for passage at two Council Meetings prior to
manager shall have the authority to require such the meeting at which it is to be finally passed be
proof of vacancy, financial status, age or suspended and further moved final
extreme hardship as the city manager may consideration and passage of the Ordinance.
deem necessary. Seconded by Michalski. Motion carried 7-0.
(4) Class I premises when a family household
of five (5) or more persons has an annual An Ordinance Amending the City of Dubuque
income equal to or less than the income Code of Ordinances by amending Section 7-
standards used by HUD for its "section eight (8) 33(A) Dogs – License Fee by increasing the
housing program" for the size of that household annual license fee from Eight Dollars ($8.00) to
may, upon application to the city manager, be Ten Dollars ($10.00) for dogs that are neutered
exempted from one-half (1/2) the established and from Eighteen Dollars ($18.00) to Twenty-
collection charge. After the initial application, Five Dollars ($25.00) for dogs that are not
annual application shall be made by the head of neutered; and by amending Section 7-34 Dogs-
household on July 1 of each year to verify Expiration; Renewal; Delinquent Fee by
annual income and eligibility. increasing the delinquent fee from a penalty of
(b) Class II Premises: A fee of seven dollars Five Dollars ($5.00) to Ten Dollars $10.00) and
and sixty cents ($7.60) per month shall be paid by amending Section 7-35(A) Cats-License Fee
to the city by the property owner of each class II by increasing the annual license fee sold after
premises for such services. Said fee shall be in September 30, 2003 from Eight Dollars ($8.00)
payment for collection and disposal of one 35-for cats that are neutered to Ten Dollars
gallon can or one 35-gallon trash bag of "solid ($10.00) and from Eighteen Dollars ($18.00) to
waste" as defined. There is no limit on the Twenty-Five Dollars ($25.00) for cats that are
number of bins allowed to be collected not neutered; and by amending Section 7-36
containing acceptable "recyclable materials" as Expiration; Renewal; Delinquent Fees from a
defined. Penalty of Five Dollars ($5.00) to Ten Dollars
The owner of a class II premises served by the ($10.00), presented and read.
city solid waste collection may provide the city
OFFICIAL PUBLICATION
manager with not less than fourteen (14) days'
ORDINANCE NO. 49-03
written notice of intent to terminate the service.
AN ORDINANCE AMENDING THE CITY OF
Such termination of service shall be effective at
DUBUQUE CODE OF ORDINANCES BY
the beginning of the next billing period after such
AMENDING SECTION 7-33(a) DOGS -
fourteen (14) day notice period.
LICENSE FEE BY INCREASING THE ANNUAL
(c) Class III Premises: A fee of seven dollars
LICENSE FEE FROM EIGHT DOLLARS
and sixty cents ($7.60) per month shall be paid
($8.00) TO TEN DOLLARS ($10.00) FOR
to the city by the property owner of each class III
DOGS THAT ARE NEUTERED AND FROM
premises for such services. Said fee shall be in
EIGHTEEN DOLLARS ($18.00) TO TWENTY-
payment for collection and disposal of one 35-
Special Session, July 9, 2003 207
FIVE DOLLARS ($25.00) FOR DOGS THAT
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
ARE NOT NEUTERED; AND BY AMENDING
Published officially in the Telegraph Herald
th
SECTION 7-34 DOGS-EXPIRATION;
Newspaper the 14 day of July, 2003.
RENEWAL; DELINQUENT FEE BY
/s/Jeanne F. Schneider, CMC, City Clerk
INCREASING THE DELINQUENT FEE FROM
1t 7/14
A PENALTY OF FIVE DOLLARS ($5.00) TO
Buol moved that the requirement that a
TEN DOLLARS ($10.00); AND BY AMENDING
proposed Ordinance be considered and voted
SECTION 7-35(a) CATS-LICENSE FEE BY
on for passage at two Council Meetings prior to
INCREASING THE ANNUAL LICENSE FEE
the meeting at which it is to be finally passed be
SOLD AFTER SEPTEMBER 30, 2003 FROM
suspended and further moved final
EIGHT DOLLARS ($8.00) FOR CATS THAT
consideration and passage of the Ordinance.
ARE NEUTERED TO TEN DOLLARS ($10.00)
Seconded by Michalski. Motion carried 7-0.
AND FROM EIGHTEEN DOLLARS ($18.00) TO
TWENTY-FIVE DOLLARS ($25.00) FOR CATS
An Ordinance Amending the Code of
THAT ARE NOT NEUTERED; AND BY
Ordinances of the City of Dubuque, Iowa,
AMENDING SECTION 7-36 EXPIRATION;
Sections 44-201(a), Fixing Water Rates for
RENEWAL; DELINQUENT FEES FROM A
Residential, Commercial, Industrial, and all other
PENALTY OF FIVE DOLLARS ($5.00) TO TEN
uses, presented and read.
DOLLARS ($10.00).
OFFICIAL PUBLICATION
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCE NO. 50-03
THE CITY COUNCIL OF THE CITY OF
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE, IOWA:
DUBUQUE CODE OF ORDINANCES
Section 1. Section 7-33(a) of the City of
SECTION 44-201 (a), FIXING WATER RATES
Dubuque Code of Ordinances is hereby
FOR RESIDENTIAL, COMMERCIAL,
amended to read as follows:
INDUSTRIAL, AND ALL OTHER USES.
The license fee per calendar year, or fraction
thereof, for a dog license shall be ten dollars NOW, THEREFORE, BE IT ORDAINED BY
($10.00) for each neutered dog, either male or THE CITY COUNCIL OF THE CITY OF
female, and twenty-five dollars ($25.00) for each DUBUQUE, IOWA:
male or female dog not neutered. Section 1. Section 44-201(a), of the City of
Section 2. Section 7-34 of the City of Dubuque Code of Ordinances is hereby
Dubuque Code of Ordinances is hereby amended to read as follows:
amended to read as follows: Section 44-201 (a). Residential, Commercial,
All dog licenses issued under this division shall Industrial and all other uses.
expire on December 31 of the year in which (a) The rates to be charged for water for
issued and shall become delinquent on March residential, commercial, industrial and all other
31 of the year due. A penalty of ten dollars uses and purposes by any person, firm or
($10.00) shall be added to the required license corporation within the City shall be as follows:
fee for each delinquent dog license. Monthly Consumption Charge per Hundred
Section 3. Section 7-35(a) of the City of Cubic Feet
Dubuque Code of Ordinances is hereby First 3,000 $1.61
amended to read as follows: Next 12,000 $1.32
For licenses sold after September 30, 2003, Next 35,000 $1.22
the license fee per calendar year, or fraction Next 50,000 $1.09
thereof, shall be ten dollars ($10.00) for each Next 100,000 $ .95
neutered cat, either male or female, and twenty-Rates shall be subject to the following
five dollars ($25.00) for each male or female cat minimum monthly charge according to the size
not neutered. of the meter:
Section 4. Section 7-36 of the City of Dubuque Meter Size
Code of Ordinances is hereby amended to read (Inches) Cubic Feet New Charge
as follows: 5/8 200 $ 3.22
All cat licenses issued under this division shall ¾ 500 $ 8.05
expire on June 30 of the year following and shall 1 800 $ 12.88
become delinquent on September 30 of the year 1 ½ 2,600 $ 41.86
due. A penalty fee of ten dollars ($10.00) shall 2 4,600 $ 69.42
be added to the required license fee for each 3 10,600 $148.62
delinquent cat license. 4 16,800 $228.66
Section 5. This Ordinance shall take effect 6 36,800 $472.66
upon publication. 8 62,500 $769.95
thth
Passed, approved and adopted this 9 day of Passed, approved and adopted this 9 day of
July, 2003. July, 2003.
/s/Terrance M. Duggan, Mayor /s/Terrance M. Duggan, Mayor
208 Special Session, July 9, 2003
Attest: /s/Jeanne F. Schneider, CMC, City Clerk Buol moved that the requirement that a
Published officially in the Telegraph Herald the proposed Ordinance be considered and voted
th
14 day of July, 2003. on for passage at two Council Meetings prior to
/s/Jeanne F. Schneider, CMC, City Clerk the meeting at which it is to be finally passed be
1t 7/14 suspended and further moved final
Buol moved that the requirement that a consideration and passage of the Ordinance.
proposed Ordinance be considered and voted Seconded by Michalski. Motion carried 7-0.
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be An Ordinance Amending the City of Dubuque
suspended and further moved final Code of Ordinances Section 44-202 Fire
consideration and passage of the Ordinance. Sprinkler Services, presented and read.
Seconded by Michalski. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-03
An Ordinance Amending the City of Dubuque
AN ORDINANCE AMENDING THE CITY OF
Code of Ordinances Section 44-202 Fire
DUBUQUE CODE OF ORDINANCES
Sprinkler Services, presented and read.
CHAPTER 46, VEHICLES FOR HIRE AND
OFFICIAL PUBLICATION PUBLIC TRANSPORTATION, SECTION 46-35
ORDINANCE NO. 51-03 FEES; AND SECTION 46-43 ISSUANCE OF
AN ORDINANCE AMENDING THE CITY OF LICENSE; DURATION; ANNUAL FEE
DUBUQUE CODE OF ORDINANCES
NOW, THEREFORE, BE IT ORDAINED BY
SECTION 44-202 FIRE SPRINKLER SERVICE
THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT ORDAINED BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF Section 1. That Section 46-35 of the City of
DUBUQUE, IOWA: Dubuque Code of Ordinances is hereby
Section 1. Section 44-202, of the City of amended to read as follows:
Dubuque Code of Ordinances is hereby mended “Sec. 46-35. Fees:
to read as follows: No taxicab operator permit shall be issued or
Section 44-202. Fire Sprinkler Service. renewed unless the holder thereof has paid an
(a) Customers who have fire sprinkler service annual permit fee of fifteen dollars ($15.00) for
shall be billed for this service on a monthly the right to engage in the taxicab business and
basis. The monthly charge shall be as follows: an annual fee to thirty dollars ($30.00) for each
Number of Heads Monthly vehicle in such taxicab business. Such fees
Current Charges shall be for one year commencing April 1.
Up to 200 (minimum monthly charge) $ 9.66 Section 2. That Section 46-43 of the City of
200-300 $11.59 Dubuque Code of Ordinances is hereby
300-400 $13.52 amended to read as follows:
400-600 $15.45 Sec. 46-43. Issuance of License; Duration;
600-800 $17.38 Annual Fee:
800-1,000 $19.32 (a) Upon approval of an application for a
1,000-1,200 $21.25 taxicab driver’s license, the City Manager shall
1,200-1,400 $23.17 issue a license to the applicant upon the
1,400-1,600 $25.12 payment of ten dollars ($10.00). Such license
1,600-1,800 $27.05 shall be in effect for the remainder of the
1,800-2,000 $28.97 calendar year. The license shall be renewed
2,000-2,200 $30.91 every calendar year thereafter upon the
2,200-2,400 $32.82 payment of ten dollars ($10.00) unless the
2,400-2,600 $34.77 license for the preceding year is in suspension
2,600-2,800 $36.71 or has been revoked.”
th
2,800-3,000 $38.68 Passed, approved and adopted this 9day of
3,000-3,500 $40.55 July, 2003.
Over 3,500 (for each additional 500 heads or Terrance M. Duggan, Mayor
fraction thereof $ 1.94 Attest: Jeanne Schneider, CMC, City Clerk
th
Passed, approved and adopted this 9 day of Published officially in the Telegraph Herald
th
July, 2003. newspaper this 14 day of July, 2003.
/s/Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk
Attest: /s/Jeanne Schneider, CMC, City Clerk 1t 7/14
Published officially in the Telegraph Herald Buol moved that the requirement that a
th
Newspaper the 14 day of July, 2003. proposed Ordinance be considered and voted
/s/Jeanne F. Schneider, CMC, City Clerk on for passage at two Council Meetings prior to
1t 7/14 the meeting at which it is to be finally passed be
suspended and further moved final
Special Session, July 9, 2003 209
TH
consideration and passage of the Ordinance. Passed, approved and adopted this 9 day of
Seconded by Michalski. Motion carried 7-0. July 2003.
Terrance M. Duggan, Mayor
An Ordinance Amending the City of Dubuque Attest: Jeanne F. Schneider, City Clerk
Code of Ordinances Section 29-22(a)(b), Buol moved adoption of the Resolution.
Business Requiring Annual Licenses, presented Seconded by Michalski. Motion carried 7-0.
and read.
RESOLUTION NO. 234-03
OFFICIAL PUBLICATION RESCINDING RESOLUTION NO. 92-01 AS IT
ORDINANCE NO. 53-03 RELATES TO THE WAGE PLAN AND
AN ORDINANCE AMENDING THE CITY OF COMPENSATION PACKAGE FOR NON-
DUBUQUE CODE OF ORDINANCES SEC-BARGAINING UNIT EMPLOYEES FOR
TION 29-22 (b), BUSINESSES REQUIRING FISCAL YEAR 2004
ANNUAL LICENSES
Whereas, on March 6, 2001, the City Council
NOW, THEREFORE, BE IT ORDAINED BY by resolution No. 92-01 approved a wage plan
THE CITY COUNCIL OF THE CITY OF and compensation package for non-bargaining
DUBUQUE, IOWA: unit employees for Fiscal Year 2004 to take
Section 1. That Section 29-22(b) of the City of effect July 1, 2003; and
Dubuque Code of Ordinances is hereby Whereas, on June 23, 2003, the City Council
amended to read as follows: by resolution No. 212-03 delayed the
Section 29-22(b). A nonrefundable fee of implementation of the plan until July 10, 2003;
seventy-five dollars ($75.00) shall be collected and
and all licenses shall expire on February 1 of Whereas, it has been recommended by City
each year. Manager Michael C. Van Milligen that there be
th
Passed, approved and adopted this 9day of no wage increase in Fiscal Year 2004 for non-
July, 2003. bargaining unit employees.
/s/Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF
Published officially in the Telegraph Herald DUBUQUE, IOWA:
th
Newspaper the 14 day of July, 2003. Section 1. That Resolution No. 92-01 as it
/s/Jeanne F. Schneider, CMC, City Clerk applies to the Fiscal Year 2004 wage plan and
1t 7/14 compensation package for non-bargaining unit
Buol moved that the requirement that a employees is hereby rescinded.
th
proposed Ordinance be considered and voted Passed, approved and adopted this 9 day of
on for passage at two Council Meetings prior to July, 2003.
the meeting at which it is to be finally passed be Terrance M. Duggan, Mayor
suspended and further moved final Jeanne F. Schneider, City Clerk
consideration and passage of the Ordinance. Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 233-03
Council stated their full support and
RESCINDING RESOLUTION NO. 105-97
appreciation to the non-bargaining unit
ESTABLISHING A SCHEDULE OF
employees and stressed the importance of
DEVELOPMENT SERVICES FEES AND
reinstating the wage increase for the next fiscal
ADOPTING IN LIEU THEREOF A NEW
year. Council Member Nicholson asked for
SCHEDULE OF DEVELOPMENT SERVICES
consensus of the Council on consideration of
FEES.
instituting a utility franchise fee. Consensus was
Whereas, the City Council of the City of reached and the City Manager was directed to
Dubuque, Iowa establishes by resolution certain provide more detailed information on this
fees for development services pursuant to the proposal for Council consideration.
Zoning Ordinance and the Subdivision
Regulations, as set forth in the attached Items held out for separate discussion:
schedule of Planning and Zoning Fees
NOW THEREFORE, BE IT RESOLVED BY City Manager’s Office – Council Member
THE CITY COUNCIL OF THE CITY OF Michalski requested that the Wellness Program
DUBUQUE, IOWA: be reinstated - consensus was not reached;
Section 1. That Resolution No. 105-97 and its Council Member Michalski requested that Years
Schedule of Fees is hereby rescinded. of Service Pins for employees who do not
Section 2. That the attached Fee Schedule is receive one due to the current budget reduction
hereby approved. receive pins next year – consensus was not
Section 3. That the attached Fee Schedule reached.
shall take effect on July 1, 2003.
210 Special Session, July 9, 2003
Engineering/Public Works – Elimination of Park Division – Elimination of Park Ranger
Engineering Assistant II – By Council Position – After discussion, Markham moved
consensus, this position was frozen, but not that action on this item be tabled to July 21,
eliminated. 2003. Seconded by Michalski. Motion carried
7-0.
Finance/Human Rights/Legal/Police Summer
Interns – Council Member Michalski requested Police Department – Elimination of Positions –
that all summer intern positions be reinstated Michalski moved that the positions in the Police
through the regular Fiscal Year 2005 budget Department recommended for elimination be
process; consensus was not reached on this retained, but subject to the hiring freeze.
item. Seconded by Buol. Motion carried 7-0.
Michalski stated she would like to look at the
Fire Department – Elimination of Three Fire entire Police Department during the next Council
Equipment Operator Positions – After goal setting session.
considerable discussion, Michalski moved that
action on this item be tabled to July 21, 2003 Transit Division – Retain at current
and that staff be directed to work with the funding/service level – Council Member
Dubuque Professional Firefighters’ Association Michalski recommended using the balance of
to provide alternatives to the elimination of the Historic District Public Improvement Program
positions. Seconded by Cline. Motion carried 7-budget in the amount of $139,449 to continue
0. the Keyline Transit budget at the current level.
Council vote to retain the current Keyline budget
Legal Department – Eliminate budgeted was: Yeas–Buol, Cline, Connors, Markham,
amount for Education and Training – Upon Michalski, Nicholson; Nays – Duggan. Staff
consensus of the Council this was retained in was directed to determine the funding source.
the budget.
Special Session, July 9, 2003 211
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
There being no further business, Cline moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 11:03
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 7/18
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
212 Regular Session, July 21, 2003
DUBUQUE
and read. Michalski moved that the
communications be received and filed and
CITY COUNCIL
concurred. Seconded by Connors. Motion
OFFICIAL
carried 7-0.
PROCEEDINGS
Citizen Communications: Communication
th
City Council, Regular Session, July 21, 2003
from Sarah Davidson, 125 West 9, thanking the
Council met in Regular Session at 6:30 P.M in
Council for maintaining Keyline service on
the Library Auditorium
Saturdays and for maintaining the fare rates and
communication from Eileen Sisler, 265 Cross
Present: Mayor Duggan, Council Members
Street, regarding the City’s budget concerns,
Buol, Cline, Connors, Markham, Michalski,
presented and read. Michalski moved that the
Nicholson, City Manager Michael Van Milligen,
communications be received and filed.
Corporation Counsel Barry Lindahl.
Seconded by Connors. Motion carried 7-0.
Mayor Duggan read the call and stated this is
East Central Intergovernmental Association
a regular session of the City Council called for
Administrative Contract: City Manager
the purpose of discussing such matters which
recommending approval of an administrative
may properly come before the City Council.
contract with East Central Intergovernmental
Association for the demolition of three houses
Invocation was given by Reverend Kristian
on Old Mill Road which the City acquired under
Kincaid, Our Redeemer Lutheran Church.
the hazard mitigation grant contract, presented
and read. Michalski moved that the
Proclamation: Dubuque County Fair Week
communication be received and filed and
(July 22 – 27, 2003) received by Fair King Matt
approved recommendation. Seconded by
Simon and Fair Queen Beth Schlitzer
Connors. Motion carried 7-0.
CONSENT ITEMS
Fireworks Request: Request of Dubuque
Jaycees, KDTH, KATF and KGRR Radio to
Minutes and Reports Submitted: City Council
conduct a fireworks display on Saturday, July 3,
of 7/1, 7/7, and 7/9; Civil Service Commission of
2004 on Volunteer Road between Hawthorne
4/7; Historic Preservation Commission of 6/19;
and Lime and the closure of Hamilton, Kilgore
Housing Code Appeals Board of 4/29; Human
and East Roosevelt Extension, presented and
Rights Commission of 6/9 and 6/25; Joint
read. Michalski moved that the communication
City/County Planning Committee of 6/18; Zoning
be received and filed and approved request.
Advisory Commission of 7/2, presented and
Seconded by Connors. Motion carried 7-0.
read. Michalski moved that the minutes and
reports be received and filed. Seconded by
Vessel Systems, Inc. Community Economic
Connors. Motion carried 7-0.
Betterment Account Loan: City Manager
recommending approval of the Community
Proofs of publication of City Council
Economic Betterment Account Loan Agreement
Proceedings of 6/23 and 7/1, presented and
of $125,000 by and among the Iowa Department
read. Michalski moved that the proofs be
of Economic Development, Vessel Systems, and
received and filed. Seconded by Connors.
the City of Dubuque, presented and read.
Motion carried 7-0.
Michalski moved that the communication be
received and filed. Seconded by Connors.
Notice of Claims/Suits: Chris Barnhart for
Motion carried 7-0.
vehicle damage; Jodie L. Bauer for vehicle
RESOLUTION NO. 236-03
damage; Candace Fuerst for personal injury;
A RESOLUTION AUTHORIZING THE
Lisa Imbus for personal injury; Gary Nauman for
EXECUTION OF A COMMUNITY ECONOMIC
vehicle damage; Mary Marcotte for vehicle
BETTERMENT ACCOUNT LOAN AGREE-
towing fees; Ronald L. Weitz for property
damage, presented and read. Michalski moved MENT FOR ONE HUNDRED TWENTY-FIVE
that the claims and suits be referred to the Legal THOUSAND DOLLARS ($125,000) WITH
Staff for investigation and report. Seconded by VESSEL SYSTEMS, INC.
Connors. Motion carried 7-0.
Whereas, the Community Economic
Betterment Account (CEBA) program has been
Corporation Counsel recommending denial of
created by the Iowa Department of Economic
the claim of Gregg Liddle for vehicle damage
Development to assist in the economic
and Corporation Counsel recommending that
development efforts of local jurisdictions; and
the claim of Mark Friedenberger for vehicle
Whereas, on June 19, 2003, the City of
damage be referred to Selco, Inc., presented
Dubuque, Iowa was awarded a one hundred
Regular Session, July 21, 2003 213
twenty-five thousand dollar ($125,000) Whereas, based on said environmental review,
loan/forgivable loan from the CEBA program by the Department of Housing and Community
the Iowa Department of Economic Development; Development has determined that said project
and will have no significant impact on the
Whereas, the City of Dubuque, Iowa desires to environment; and
assist Vessel Systems, Inc. in its efforts to Whereas, a combined notice of " Finding of No
expand its operations in Dubuque and create Significant Impact on the Environment" and of
new, permanent employment opportunities for "Intent to Request Release of Funds" for said
local citizens; and project will be sent by regular mail to various
Whereas, a CEBA Loan Agreement, hereto federal, state and local public agencies; to the
attached and by this reference made a part appropriate Regional Office of the
hereof, is to be executed between the Iowa Environmental Protection Agency, to the HUD
Department of Economic Development, Vessel Area Office and to the local news media,
Systems, Inc. and the City of Dubuque, Iowa. individuals and groups known to be interested
NOW, THEREFORE, BE IT RESOLVED BY and believed to be appropriate to receive such a
THE CITY COUNCIL OF THE CITY OF notice; and
DUBUQUE, IOWA: Whereas, any and all comments received as a
Section 1. That the Mayor and Corporation result of such notice will be duly considered
Counsel be and they are hereby authorized and before proceeding with a Request for Release of
directed to endorse, on behalf of the City Funds and Certification.
Council of the City of Dubuque, Iowa, the NOW, THEREFORE, BE IT RESOLVED BY
attached CEBA Loan Agreement. THE CITY COUNCIL OF THE CITY OF
Section 2. That the City Manager be and he is DUBUQUE, IOWA:
hereby authorized to disburse loan funds to Section 1. That the City Clerk be and is hereby
Vessel Systems, Inc. from the CEBA program in authorized and directed to publish a combined
accordance with the terms and conditions of the Notice of Finding of No Significant Impact on the
executed Agreement. Environment and Notice of Intent to Request
Passed, approved and adopted this 21st day Release of Funds for the Brewery Rehabilitation
of July, 2003. Project and to make the Environmental Review
Terrance M. Duggan, Mayor Record for said project available for public
Attest: Jeanne F. Schneider, City Clerk inspection and comment until 8:00 am on
Michalski moved adoption of the Resolution. August 11, 2003. Such notice shall be in the
Seconded by Connors. Motion carried 7-0. form of Exhibit "A" attached hereto and made a
part hereof.
Brewery Rehabilitation Project: City Manager Section 2. That the environmental review
recommending approval of a combined notice of record for the project shall be placed on file in
finding of no significant impact on the the Office of the City Clerk where said record
environment and notice of intent to request may be examined and copied by any interested
release of funds for the Brewery Rehabilitation party.
Project, presented and read. Michalski moved Section 3. That the Mayor of the City of
that the communication be received and filed. Dubuque is hereby authorized and directed to
Seconded by Connors. Motion carried 7-0. submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
RESOLUTION NO. 237-03
publication of appropriate notice a Request for
A RESOLUTION AUTHORIZING PUBLICA-
Release of Funds to undertake the said project.
TION OF A COMBINED NOTICE OF FINDING
Section 4. That the Mayor of the City of
OF NO SIGNIFICANT IMPACT ON THE
Dubuque is hereby authorized to consent to
ENVIRONMENT AND NOTICE OF INTENT TO
assume the status of a responsible federal
REQUEST RELEASE OF FUNDS FOR THE
official under the National Environmental
BREWERY REHABILITATION PROJECT.
Protection Act, insofar as the provisions of the
Whereas, the City of Dubuque entered into a said Act apply to the U.S. Department of
Community Development Block Grant Housing and Urban Development
Agreement with the U.S. Department of Housing responsibilities for review, decision making, and
and Urban Development, providing for financial action assumed and carried out by the City of
assistance to the City under Title I of the Dubuque as to environmental issues.
Housing and Community Development Act of Section 5. That the Mayor of the City of
1974, as amended; and Dubuque is hereby authorized to consent
Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf
as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction
Housing and Urban Development, an of the federal courts if an action is brought to
environmental review has been processed for enforce responsibilities in relation to
the Brewery Rehabilitation Project; and
214 Regular Session, July 21, 2003
RESOLUTION NO. 239-03
environmental review, decision-making and
FINAL ESTIMATE
action.
Section 6. That the Mayor of the City of Whereas, the contract for the Operations and
Dubuque be and he is hereby authorized and Maintenance Center’s Garage Roof Repair
directed to execute a certification pertaining to Project has been completed and the Operations
the environmental review procedures. and Maintenance Department Manager has
st
Passed, approved and adopted this 21 day of submitted his final estimate showing the cost
July 2003. thereof including the cost of estimates, notices
Terrance M. Duggan, Mayor and inspection and all miscellaneous costs;
Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
Michalski moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF
Seconded by Connors. Motion carried 7-0. DUBUQUE, IOWA:
Section 1. That the cost of said improvement
Purchase of Service Agreement – Dubuque is hereby determined to be $25,165.53 and the
Humane Society: City Manager recommending said amount shall be paid from the General
approval of a Purchase of Service Agreement Fund of the City of Dubuque, Iowa.
with Dubuque Humane Society in the amount of Passed, approved and adopted this 21st day
$30,635, presented and read. Buol moved that of July, 2003.
the communication be received and filed and Terrance M. Duggan, Mayor
approved recommendation. Seconded by Attest: Jeanne F. Schneider, City Clerk
Connors. Motion carried 7-0. Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Operations and Maintenance Center Roof
Repair Project: City Manager recommending Civil Service Commission: Civil Service
acceptance of the Operations and Maintenance Commission submitting the certified lists for the
Center Roof Repair Project in the final contract positions of Fire Equipment Operator, Fire
amount of $25,165.53 as completed by Prostruct Lieutenant, Fire Captain and Assistant Fire
Construction, Inc., presented and read. Buol Chief.
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-July 8, 2003
0. Honorable Mayor and
Members of the City Council
RESOLUTION NO. 238-03
In accordance with Chapter 400 of the 2003
ACCEPTING IMPROVEMENT
Code of Iowa, an examination for the position of
Whereas, the contract for the Operations and Fire Equipment Operator was conducted on May
Maintenance Center’s Garage Roof Repair 15, 2003. We hereby certify that the following
Project has been completed and the City individuals have passed this written examination
Manager has examined the work and filed his and the vacancy for this position should be
certificate stating that the same has been made from this list and that this list is good for
completed according to the terms of the two (2) years from above date.
contract, plans and specifications and FIRE EQUIPMENT OPERATOR
recommends it acceptance. Charles J. Blasen Kevin Esser
NOW THEREFORE, BE IT RESOLVED BY Jerrod Atkinson Mike McMahon
THE CITY COUNCIL OF THE CITY OF Kevin Schmitt Gary Weets
DUBUQUE, IOWA: Respectfully submitted,
Section 1. That the recommendation of the /s/ Merle Duehr, Chairperson
City Manager be approved and that said /s/ Loras Kluesner
improvement be and the same is hereby /s/ Richard Wertzberger
accepted. Civil Service Commission
BE IT FURTHER RESOLVED that the Finance
Director be and he is hereby directed to pay to July 8, 2003
the contractor from the General Fund equal to Honorable Mayor and
the amount of this contract, less any retained Members of the City Council
percentage provided for therein. In accordance with Chapter 400 of the 2003
st
Passed, approved and adopted this 21 day of Code of Iowa, an examination for the position of
July, 2003. Fire Lieutenant was conducted on May 14,
Terrance M. Duggan, Mayor 2003. We hereby certify that the following
Attest: Jeanne F. Schneider, City Clerk individuals have passed this written examination
Michalski moved adoption of the Resolution. and the vacancy for this position should be
Seconded by Connors. Motion carried 7-0. made from this list and that this list is good for
two (2) years from above date.
FIRE LIEUTENANT
Regular Session, July 21, 2003 215
Wayne Dow Larry Ewert McCann, City Development Board, advising that
Michael W. Burds Charles J. Blasen the City of Dubuque objects to the five
David T. McQuiggen Mark Murphy annexation applications filed by the City of
Mike McMahon Robert C. Rehfeldt Sageville and requesting that the City
Steve Berkley Gary A. Weets Development Board deny these applications,
Respectfully submitted, presented and read. Michalski moved that the
/s/ Merle Duehr, Chairperson communication be received and filed. Seconded
/s/ Loras Kluesner by Connors. Motion carried 7-0.
/s/ Richard Wertzberger
Civil Service Commission Bill Miller Logging, Inc. – Minor Final Plat:
Zoning Advisory Commission recommending
July 8, 2003 approval of the minor final plat of Lot 1, Lot 2
Honorable Mayor and and Lot 3 of Miller Place located at the
Members of the City Council northwest corner of Highway 61/151 in Dubuque
In accordance with Chapter 400 of the 2003 County as requested by Bill and Mary Miller/Bill
Code of Iowa, an examination for the position of Miller Logging, Inc., presented and read.
Fire Captain was conducted on May 14, 2003. Michalski moved that the communication be
We hereby certify that the following individuals received and filed. Seconded by Connors.
have passed this written examination and the Motion carried 7-0.
vacancy for this position should be made from
RESOLUTION NO. 240-03
this list and that this list is good for two (2) years
RESOLUTION APPROVING THE FINAL PLAT
from above date.
OF LOT 1, LOT 2 AND LOT 3 OF MILLER
FIRE CAPTAIN
PLACE IN DUBUQUE COUNTY, IOWA
Mark Ludescher
Michael K. Elliott Whereas, there has been filed with the City
Mike McMahon Clerk a final plat of Lot 1, Lot 2 and Lot 3 of
Mark Burkle Miller Place in Dubuque County, Iowa; and
Respectfully submitted, Whereas, the final plat has been examined by
/s/ Merle Duehr, Chairperson the Zoning Advisory Commission and has its
/s/ Loras Kluesner approval endorsed thereon, with the waiver of
/s/ Richard Wertzberger Article IV, Design and Improvement Standards
Civil Service Commission of the Subdivision Regulations, except for
Section 41-29; and
July 8, 2003 Whereas, said final plat has been examined by
Honorable Mayor and the City Council and they find that it conforms to
Members of the City Council the statutes and ordinances relating thereto.
In accordance with Chapter 400 of the 2003 NOW THEREFORE, BE IT RESOLVED BY
Code of Iowa, an examination for the position of THE CITY COUNCIL OF THE CITY OF
Assistant Fire Chief was conducted on May 15, DUBUQUE, IOWA:
2003. We hereby certify that the following Section 1. That the City Council hereby waives
individuals have passed this written examination Article IV, Design and Improvement Standards
and the vacancy for this position should be of the Subdivision Regulations, except Section
made from this list and that this list is good for 42-19, Lots and Blocks.
two (2) years from above date. Section 2. That the final plat of Lot 1, Lot 2
ASSISTANT FIRE CHIEF and Lot 3 of Miller Place in Dubuque County,
James Imhoff Iowa, is hereby approved and the Mayor and
Christopher J. Miller City Clerk are hereby authorized and directed to
Eugene D. Hudek endorse the approval of the City of Dubuque,
Respectfully submitted, Iowa, upon said subdivision plat.
st
/s/ Merle Duehr, Chairperson Passed, approved and adopted this 21 day of
/s/ Loras Kluesner July 2003.
/s/ Richard Wertzberger Terrance M. Duggan, Mayor
Civil Service Commission Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Michalski moved that the above Civil Service Seconded by Connors. Motion carried 7-0.
certifications be made a matter of record.
Seconded by Connors. Motion carried 7-0. Link Acres – Final Plat: Zoning Advisory
Commission recommending approval of the final
City of Sageville Annexations: City Manager plat of Link Acres at the end of Wildlife Ridge in
advising that the City Development Board has Dubuque County as requested by David and
denied the City of Sageville annexation Judith Link, presented and read. Michalski
applications and communication to Steve moved that the communication be received and
216 Regular Session, July 21, 2003
filed. Seconded by Connors. Motion carried 7-the Fiscal Year 2004 operating budget, as
0. amended.
st
Passed, approved and adopted this 21 day of
RESOLUTION NO. 241-03
July, 2003
RESOLUTION APPROVING THE FINAL PLAT
Terrance M Duggan, Mayor
OF LINK ACRES IN DUBUQUE COUNTY,
Attest: Jeanne F Schneider, CMC, City Clerk
IOWA
Michalski moved adoption of the Resolution.
Whereas, there has been filed with the City Seconded by Connors. Motion carried 7-0.
Clerk a final plat of Link Acres; and
Whereas, the final plat has been examined by Environmental Protection Agency Cleanup
the Zoning Advisory Commission and has its Grant Contract: City Manager recommending
approval endorsed thereon, with the waiver of approval of a formal application to the U.S.
Article IV, Design and Improvement Standards Environmental Protection Agency (EPA) for a
of the Subdivision Regulations, except for $200,000 Brownfield Cleanup Grant for
Section 41-29; and petroleum contamination cleanup in the Port of
Whereas, said final plat has been examined by Dubuque and communication from the United
the City Council and they find that it conforms to States Environmental Protection Agency (EPA)
the statutes and ordinances relating thereto. advising that the City has been selected as one
NOW THEREFORE, BE IT RESOLVED BY of the entities with whom EPA will pursue
THE CITY COUNCIL OF THE CITY OF negotiations to award a cooperative agreement
DUBUQUE, IOWA: for a cleanup grant in the Port of Dubuque area,
Section 1. That the City Council hereby waives presented and read. Michalski moved that the
Article IV, Design and Improvement Standards communications be received and filed.
of the Subdivision Regulations, except Section Seconded by Connors. Motion carried 7-0.
42-19, Lots and Blocks.
RESOLUTION NO. 243-03
Section 2. That the final plat of Link Acres is
A RESOLUTION AUTHORIZING THE FILING
hereby approved and the Mayor and City Clerk
OF A FORMAL APPLICATION FOR A
are hereby authorized and directed to endorse
$200,000 BROWNFIELD CLEANUP GRANT
the approval of the City of Dubuque, Iowa, upon
WITH THE U. S. ENVIRONMENTAL PROTEC-
said subdivision plat.
TION AGENCY FOR CLEANUP ACTIVITIES IN
Passed, approved and adopted this 21st day
THE PORT OF DUBUQUE.
of July, 2003.
Terrance M. Duggan, Mayor Whereas, the City of Dubuque is interested in
Attest: Jeanne F. Schneider, City Clerk promoting further economic development
Michalski moved adoption of the Resolution. opportunities in the Port of Dubuque area in
Seconded by Connors. Motion carried 7-0. order to retain and attract new job creating
businesses to this community; and
Rental Dwelling License Fee: City Manager Whereas, petroleum contaminated property in
recommending approval of rental dwelling the Port of Dubuque may hinder further
license fee increases as approved by the City investment in and development of key riverfront
Council as part of the Fiscal Year 2004 budget property; and
amendment, presented and read. Michalski Whereas, the U. S. Environmental Protection
moved that the communication be received and Agency (EPA), through its Brownfield Cleanup
filed. Seconded by Connors. Motion carried 7-Grant program, provides funds for the cleanup of
0. contaminated properties owned by
municipalities; and
RESOLUTION NO. 242-03
Whereas, the City of Dubuque has been
RESOLUTION APPROVING AN INCREASE IN
notified that it was selected to receive a
THE RENTAL DWELLING LICENSE FEE
$200,000 Cleanup Grant from the EPA.
Whereas,due to a funding shortfall in the NOW, THEREFORE, BE IT RESOLVED BY
Fiscal Year 2004 operating budget in the THE CITY COUNCIL OF THE CITY OF
General Fund, an increase in the rental dwelling DUBUQUE, IOWA:
license fee has been proposed. Section 1. That the City of Dubuque hereby
NOW, THEREFORE, BE IT RESOLVED BY endorses the formal application to the U. S.
THE CITY COUNCIL OF THE CITY OF Environmental Protection Agency for Brownfield
DUBUQUE, IOWA: Cleanup Grant funding in the amount of
Section 1. That the license fee for each rental $200,000 to cleanup petroleum contaminated
unit in a rental dwelling be increased, from $8.50 property in the Port of Dubuque.
to $9.00 per unit. Section 2. That the Mayor is authorized to
Section 2. That this increase become effective sign, on behalf of the City Council, the
upon action taken by the City Council to adopt application and required documentation for
federal assistance.
Regular Session, July 21, 2003 217
st
Passed, approved and adopted this 21 day of Capital Improvement Program Project –
July, 2003. Structural Assessment: City Manager
Terrance M. Duggan, Mayor recommending approval of an addition to the
Attest: Jeanne F. Schneider, City Clerk Airport’s Capital Improvement Program budget
Michalski moved adoption of the Resolution. for a structural assessment for the Quonset and
Seconded by Connors. Motion carried 7-0. shop building in the amount of $9,950, which will
be 100% funded with a State grant, presented
Settlement of Personal Injury Claim: Corpor-and read. Michalski moved that the
ation Counsel recommending approval of a communication be received and filed and
release of subrogation claim of the City for the approved recommendation. Seconded by
personal injury claim of Shane O’Brien, Connors. Motion carried 7-0.
presented and read. Michalski moved that the
communication be received and filed and Small Community Air Service Development
approved recommendation. Seconded by Pilot Program: Communication of the City
Connors. Motion carried 7-0. Manager to Secretary Norman Mineta, US
Department of Transportation, advising that the
Bergfeld Farm Lease: City Manager City of Dubuque endorses the Dubuque
recommending approval of a 3-year extension of Regional Airport’s grant application to the Small
a farm lease with Kenneth and Janet Bergfeld Community Air Service Development Pilot
with terms that allow the City the ability to Program, presented and read. Michalski moved
terminate the lease at any time if the property is that the communication be received and filed
needed for development purposes, presented and approved. Seconded by Connors. Motion
and read. Michalski moved that the carried 7-0.
communication be received and filed. Seconded
by Connors. Motion carried 7-0. Iowa Department of Public Health: Communi-
cation from the Iowa Department of Public
RESOLUTION NO. 244-03
Health advising that they and the Association of
RESOLUTION APPROVING A FARM LEASE
State and Territorial Dental Directors have
WITH KENNETH G. AND JANET M.
recognized the City of Dubuque’s contribution to
BERGFELD
the dental public health of Iowa citizens,
Whereas, the City Council of the City of presented and read. Michalski moved that the
Dubuque, Iowa wishes to continue a Farm communication be received and filed. Seconded
Lease with Kenneth G. and Janet M. Bergfeld by Connors. Motion carried 7-0.
for certain property as described in the attached
lease; and Mississippi on the River LLC: Corporation
Whereas, it is the determination of this Council Counsel recommending approval of an Access
that approval of the Farm Lease, according to and Indemnity Agreement with Mississippi on
the terms and conditions set out in the attached the River LLC to do a photo shoot at the Shot
Farm Lease, is in the public interest of the Tower, presented and read. Michalski moved
citizens of the City of Dubuque. that the communication be received and filed
NOW, THEREFORE, BE IT RESOLVED BY and approved recommendation. Seconded by
THE CITY COUNCIL OF THE CITY OF Connors. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That the attached Farm Lease by Business License Refund: Request of Donald
and between the City of Dubuque and Kenneth B. Meyer, Main Street Caboose, Inc., for a
G. and Janet M. Bergfeld is hereby approved. refund of his beer/liquor license in the amount of
Section 2. That the Mayor is hereby authorized $211.25, presented and read. Michalski moved
and directed to execute the Farm Lease on that the communication be received and filed
behalf of the City and City Clerk is authorized and approved request. Seconded by Connors.
and directed to attest to his signature. Motion carried 7-0.
Section 3. That the City Manager is authorized
to take such actions as are necessary to comply Business Licenses:
with the terms of the Farm Lease as herein
RESOLUTION NO. 245-03
approved.
Passed, approved and adopted this 21st day NOW, THEREFORE, BE IT RESOLVED BY
of July, 2003. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk That the following having complied with the
Michalski moved adoption of the Resolution. provisions of law relating to the sale of
Seconded by Connors. Motion carried 7-0. Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
218 Regular Session, July 21, 2003
3 RENEWALS That the Manager be authorized to cause to be
Central Tap Myra Woodman issued the following named applicants a Liquor
1046 Central Av License.
Denny’s Lux Club Beverly Larsen CLASS “C” BEER/LIQUOR LICENSE
3050 Asbury Rd House of China Co. House of China+
One Flight Up Nadine Bergin (Sunday Sale) 170 JFK Rd
44 Main St Mad Hatters, Inc Mad Hatters
Passed, approved and adopted this 21st day 1091 Main St.
of July, 2003. City of Dubuque Dubuque Five Flags Center+
Terrance M. Duggan, Mayor (Sunday Sale) 405 Main St
Attest: Jeanne F. Schneider, City Clerk Carroll’s Wine Company Grape Harbor
Michalski moved adoption of the Resolution. (Café Outdoor Service) 123 Main St
Seconded by Connors. Motion carried 7-0. CLASS “B” WINE
Mildred Dolter Basket Expressions
RESOLUTION NO. 246-03
474 Bluff St
Whereas, applications for Beer Permits have Passed, approved and adopted this 21st day
been submitted and filed to this Council for of July, 2003.
approval and the same have been examined Terrance M. Duggan, Mayor
and approved: and Attest: Jeanne F. Schneider, CMC, City Clerk
Whereas, the premises to be occupied by Michalski moved adoption of the Resolution.
such applicants were inspected and found to Seconded by Connors. Motion carried 7-0.
comply with the Ordinances of the City and have
ITEMS TO BE SET FOR PUBLIC HEARING
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Voluntary Annexation Request – Callahan
DUBUQUE, IOWA: Construction: City Manager recommending that
That the Manager be authorized to cause to be a public hearing be set for August 18, 2003 to
issued the following named applicants a Beer consider a voluntary annexation request by
Permit. Callahan Construction, Inc for forty acres of land
CLASS “B” BEER (5 – DAY SPECIAL EVENT) on Seippel Road north of the Dubuque Industrial
DBQ Area Labor Management DBQ Area Labor Center West, concurrent with rezoning,
Management –Tent A Town Clock Plaza presented and read. Cline moved that the
DBQ Area Labor Management DBQ Area Labor communication be received and filed and set for
Management –Tent B Town Clock Plaza public hearing on 8/18/03 at a meeting to
DBQ Area Labor Management DBQ Area Labor commence at 6:30 P.M. in the Public Library
Management –Tent C Town Clock Plaza Auditorium and the City Clerk publish notice in
CLASS “C” BEER PERMIT the manner prescribed by law. Seconded by
Iowa Oil Company OCO Speede Shoppe # 2+ Nicholson. Motion carried 7-0.
(Sunday Sale) 2335 University Av
Mulgrew Oil Company AMOCO Food Shop+ Port of Dubuque Building Demolition and Site
(Sunday Sale) 1450 Loras Blvd Clearance Project: City Manager recommending
Passed, approved and adopted this 21st day initiation of the public bidding process for the
of July, 2003. Port of Dubuque Logging Properties – Building
Terrance M. Duggan, Mayor Demolition and Site Clearance Project and that
Attest: Jeanne F. Schneider, CMC, City Clerk a public hearing be set for August 18, 2003,
Michalski moved adoption of the Resolution. presented and read. Cline moved that the
Seconded by Connors. Motion carried 7-0. communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 247-03
RESOLUTION NO. 248-03
Whereas, applications for Liquor Licenses
PRELIMINARY APPROVAL OF
have been submitted to this Council for approval
PLANS AND SPECIFICATIONS
and the same have been examined and
approved; and NOW THEREFORE, BE IT RESOLVED BY
Whereas, the premises to be occupied by such THE CITY COUNCIL OF THE CITY OF
applicants were inspected and found to comply DUBUQUE, IOWA:
with the State Laws and all City Ordinances That the proposed plans, specifications, form
relevant thereto and they have filed proper of contract and estimated cost for the Port of
bonds. Dubuque Logging Properties – Building
NOW, THEREFORE, BE IT RESOLVED BY Demolition and Site Clearance Project in the
THE CITY COUNCIL OF THE CITY OF estimated amount of $200,000 are hereby
DUBUQUE, IOWA: approved and ordered filed in the office of the
City Clerk for public inspection.
Regular Session, July 21, 2003 219
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Passed, adopted and approved this 21 day of City of Dubuque, Iowa, which notice shall not be
July, 2003. less than four days nor more than forty-five days
Terrance M. Duggan, Mayor prior to the receipt of said bids at 2:00 p.m. on
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Attest: Jeanne F. Schneider, CMC, City Clerk the 7 day of August, 2003. Bids shall be
Cline moved adoption of the Resolution. opened and read by the City Clerk at said time
Seconded by Nicholson. Motion carried 7-0. and will be submitted to the Council for final
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action at 6:30 p.m. on the 18 day of August,
RESOLUTION NO. 249-03
2003.
st
FIXING DATE OF HEARING
Passed, adopted and approved this 21 day of
ON PLANS AND SPECIFICATIONS
July, 2003.
Whereas, the City Council of the City of Terrance M. Duggan, Mayor
Dubuque, Iowa has given its preliminary Attest: Jeanne F. Schneider, CMC, City Clerk
approval on the proposed plans, specifications, Cline moved adoption of the Resolution.
and form of contract and placed same on file in Seconded by Nicholson. Motion carried 7-0.
the office of the City Clerk for public inspection
BOARDS/COMMISSIONS
of the Port of Dubuque Logging Properties –
Building Demolition and Site Clearance Project.
NOW THEREFORE, BE IT RESOLVED BY Applicants are invited to address the Council
THE CITY COUNCIL OF THE CITY OF regarding their desire to serve on the following
DUBUQUE, IOWA: Boards/Commissions:
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That a public hearing will be held on the 18 COMMUNITY DEVELOPMENT ADVISORY
day of August, 2003, at 6:30 p.m. in the Public COMMISSION (Two vacancies from
Library Auditorium at which time interested Low/Moderate Income Area through 2/15/04 and
persons may appear and be heard for or against 2/15/05): Applicant: David Oliver (Low/Moderate
the proposed plans and specifications, form of Income Area). Mr. Oliver spoke requesting
contract and cost of said improvement, and the consideration for appointment.
City Clerk be and is hereby directed to cause a HOUSING COMMISSION (One unexpired 3-
notice of time and place of such hearing to be year term through 8/17/05) Applicant:Gina
published in a newspaper having general Bell, though unable to be in attendance,
circulation in the City of Dubuque, Iowa, which conveyed interest in this position.
notice shall be not less than four days nor more TRANSIT BOARD OF TRUSTEES (One 3-
than twenty days prior to the day fixed for its year term through 7/30/06 – term of Bemis)
consideration. At the hearing, any interested Applicant: Harry J. Bemis. No one spoke.
person may appear and file objections to the
PUBLIC HEARINGS
proposed plans, specifications, contract, or
estimated cost of the improvement.
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Passed, adopted and approved this 21 day of Buol moved that the rules be suspended to
July, 2003. allow anyone present to speak. Seconded by
Terrance M. Duggan, Mayor Markham. Motion carried 7-0.
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution. 605 West Locust and 2085, 2085½ Foye
Seconded by Nicholson. Motion carried 7-0. Street – Request to Rezone: Proof of publication
on notice of hearing to consider rezoning
RESOLUTION NO. 250-03
property located at 605 West Locust and 2085,
ORDERING BIDS
2085 ½ Foye Street from C-1 Neighborhood
NOW THEREFORE, BE IT RESOLVED BY Commercial District and R-2A Alternate Two-
THE COUNCIL OF THE CITY OF DUBUQUE, Family Residential District to C-2 Neighborhood
IOWA: Shopping Center District at the request of
That the Port of Dubuque Logging Properties – Christopher and Jennifer Spahn and Zoning
Building Demolition and Site Clearance Project Advisory Commission recommending denial,
is hereby ordered to be advertised for bids for and communication from Mrs. Marjorie Lee in
construction. opposition to the proposed rezoning, presented
BE IT FURTHER RESOLVED, that the amount and read. Buol moved that the proof and
of the security to accompany each bid shall be in communications be received and filed.
an amount which shall conform to the provisions Seconded by Connors. Motion carried 7-0.
of the Notice to Bidders hereby approved as a Attorney Brian Kane, representing the
part of the plans and specifications heretofore Spahn’s, requested approval of the Ordinance,
adopted. stating conditions on the property, if necessary,
That the City Clerk is hereby directed to would be accepted by them.
advertise for bids for the construction of the Lindsay Engling, 1913 Ellis, as President of
improvements herein provided, to be published Valley View Neighborhood Assn., spoke in favor
in a newspaper having general circulation in the of the proposed rezoning.
220 Regular Session, July 21, 2003
Betty Lee of 427 1/2 West Fourth Street, Mrs. /s/Jeanne F. Schneider, CMC, City Clerk
James Lee of 594 Almond, Jerry Pottebaum of 1t 7/25
659 W. Locust, John Plein of 667 W. Locust, Buol moved that the requirement that a
Jennifer Welsh of 2119 Foye, and Cindy Welsh proposed Ordinance be considered and voted
of 2119 Foye, all spoke objecting to the on for passage at two Council Meetings prior to
passage of the Ordinance for the proposed strip the meeting at which it is to be finally passed be
mall. suspended and further moved final consi-
David Fisch, 406 Almond, spoke in support of deration and passage of the Ordinance.
the project, stating there were 33 people at the Seconded by Connors. Motion carried 7-0.
Neighborhood meeting and no one was
opposed. Dan Roth of 1954 Ellis and Vincent 44 Main Street – Request to Rezone: Proof of
Manders of 569 W. Locust, both spoke in favor publication on notice of hearing to consider
of the project. rezoning property located at 44 Main Street from
An Ordinance Amending Appendix A (the LI Light Industrial to C-4 Downtown Commercial
Zoning Ordinance) of the City of Dubuque Code District at the request of Kevin Menning / K & C
of Ordinances by reclassifying hereinafter Investments and Zoning Advisory Commission
described property located at 605 West Locust recommending approval, presented and read.
and 2085, 2085 ½ Foye Street from R-2A Michalski moved that the proof and
Alternate Two-Family Residential District and C-communication be received and filed. Seconded
1 Neighborhood Commercial District to C-2 by Cline. Motion carried 7-0.
Neighborhood Shopping Center District,
presented and read. An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
OFFICIAL PUBLICATION
of Ordinances by reclassifying hereinafter
ORDINANCE NO. 54-03
described property located at 44 Main Street
AN ORDINANCE AMENDING APPENDIX A
from LI Light Industrial District to C-4 Downtown
(THE ZONING ORDINANCE) OF THE CITY OF
Commercial District, presented and read.
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-OFFICIAL PUBLICATION
BED PROPERTY LOCATED AT 605 W. ORDINANCE NO. 55-03
LOCUST AND 2085, 2085½ FOYE STREET AN ORDINANCE AMENDING APPENDIX A
FROM R-2A ALTERNATE TWO-FAMILY (THE ZONING ORDINANCE) OF THE CITY OF
RESIDENTIAL DISTRICT AND C-1 DUBUQUE CODE OF ORDINANCES BY
NEIGHBORHOOD COMMERICAL DISTRICT RECLASSIFYING HEREINAFTER DESCRI-
TO C-2 NEIGHBORHOOD SHOPPING BED PROPERTY LOCATED AT 44 MAIN
CENTER DISTRICT STREET FROM LI LIGHT INDUSTRIAL
DISTRICT TO C-4 DOWNTOWN COMMER-
NOW, THEREFORE, BE IT ORDAINED BY
CIAL DISTRICT.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: NOW, THEREFORE, BE IT ORDAINED BY
Section 1. That Appendix A (The Zoning THE CITY COUNCIL OF THE CITY OF
Ordinance) of the City of Dubuque Code of DUBUQUE, IOWA:
Ordinances is hereby amended by reclassifying Section 1. That Appendix A (The Zoning
the hereinafter-described property from R-2A Ordinance) of the City of Dubuque Code of
Alternate Two-Family Residential District and C-Ordinances is hereby amended by reclassifying
1 Neighborhood Commercial District to C-2 the hereinafter-described property from LI Light
Neighborhood Shopping Center District to wit: Industrial District to C-4 Downtown Commercial
Lot 1 of 6, Lot 1 of 1 of 7, south balance of Lot 2 District to wit:
of 7 and Lot 2 of 1 of 7 Ellen Blakes Subdivision Lot 10A of the W ½ Block 1 Dubuque Harbor
and to the centerline of the adjoining public right-Company Addition, Lots 13, 14 and 15 of W ½ of
of-way, all in the City of Dubuque, Iowa. Block 1 Dubuque Harbor Company Addition,
Section 2. The foregoing amendment has balance of W ½ Lot 12 Block 1 Dubuque Harbor
heretofore been reviewed b the Zoning Advisory Company Addition, and to the centerline of the
Commission of the City of Dubuque, Iowa. adjoining public right-of-way, all in the City of
Section 3. This Ordinance shall take effect Dubuque, Iowa.
immediately upon publication, as provided by Section 2. The foregoing amendment has
law. heretofore been reviewed by the Zoning
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Passed, approved and adopted this 21 day of Advisory Commission of the City of Dubuque,
July, 2003. Iowa.
/s/Terrance M. Duggan, Mayor Section 3. This Ordinance shall take effect
Attest: /s/Jeanne F. Schneider, CMC, City Clerkimmediately upon publication, as provided by
Published officially in the Telegraph Herald law.
th
Newspaper the 25 day of July, 2003.
Regular Session, July 21, 2003 221
st
Passed, approved and adopted this 21 day of NOW, THEREFORE, BE IT ORDAINED BY
July, 2003. THE CITY COUNCIL OF THE CITY OF
/s/Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: /s/ Jeanne F. Schneider, CMC, City ClerkSection 1. Appendix A (the Zoning Ordinance)
Published officially in the Telegraph Herald of the City of Dubuque Code of Ordinances is
th
Newspaper the 25 day of July, 2003. hereby amended by amending by reclassifying
/s/Jeanne F. Schneider, CMC, City Clerk the hereinafter described property from R-1
1t 7/25 Single-Family Residential District and R-3
Michalski moved that the requirement that a Moderate Density Multi-Family Residential
proposed Ordinance be considered and voted District to PUD Planned Unit Development
on for passage at two Council Meetings prior to District with a PR Planned Residential District
the meeting at which it is to be finally passed be designation and adopting a conceptual
suspended and further moved final development plan, a copy of which is attached to
consideration and passage of the Ordinance. and made a part hereof, with conditions as:
Seconded by Cline. Motion carried 7-0. As shown in Exhibit 1 and to the centerline of
the adjoining public right-of-way, all in the City of
Harvest Development - 4100 Asbury Road – Dubuque, Iowa.
Request to Rezone: Proof of publication on Section 2. Pursuant to Iowa Code Section
notice of hearing to consider rezoning property 414.5 (2001), and as an express condition of the
located at 4100 Asbury Road from R-1 Single-reclassification, the undersigned property owner
Family Residential District and R-3 Moderate agrees to the following conditions, all of which
Density Multi-Family Residential District to PUD the property owner further agrees are
Planned Unit Development District with a PR reasonable and imposed to satisfy the public
Planned Residential District designation to allow needs that are caused directly by the zoning
development of a 180-unit senior assisted living reclassification:
housing complex and Zoning Advisory A. Use Regulations.
Commission recommending approval, presented The following regulations shall apply to all uses
and read. Buol moved that the proof and made of land in the above-described PUD
communication be received and filed. District:
Seconded by Michalski. Motion carried 7-0. 1) Principal permitted uses shall be limited to
Marty McNamer, 1199 Hunter’s Ridge, of the 180 senior assisted living units.
Harvest Development Group, spoke requesting 2) Accessory uses shall include any use
passage of the Ordinance allowing the proposed customarily incidental and subordinate to the
development. principal use it serves.
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 regulated as follows:
described property located north of Matthew 1) The proposed condominium development
John Drive from R-1 Single-Family Residential shall be constructed in substantial compliance
District and R-3 Moderate Multi-Family with the attached conceptual development plan.
Residential District to PUD Planned Unit 2) Maximum building height shall be limited to
Development District with a PR Planned 40 feet.
Residential District designation and adopting a C. Performance Standards.
Conceptual Development plan with conditions, The development and maintenance of uses in
presented and read. this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
OFFICIAL PUBLICATION
Ordinance and the following standards:
ORDINANCE NO. 56-03
1) Adequate erosion control shall be provided
AN ORDINANCE AMENDING APPENDIX A
during all phases of construction.
(THE ZONING ORDINANCE) OF THE CITY OF
2) Off-street parking shall be provided as
DUBUQUE CODE OF ORDINANCES BY
shown on the approved conceptual plan.
RECLASSIFYING HEREINAFTER DESCRI-
3) Storm water control facilities will be
BED PROPERTY LOCATED NORTH OF
installed as per City Engineering requirements.
MATTHEW JOHN DRIVE FROM R-1 SINGLE-
4) Final site development plans shall be
FAMILY RESIDENTIAL DISTRICT AND R-3
submitted in accordance with Section 4-4 of the
MODERATE DENSITY MULTI-FAMILY
Zoning Ordinance prior to construction of any
RESIDENTIAL DISTRICT TO PUD PLANNED
buildings.
UNIT DEVELOPMENT DISTRICT WITH A PR
D. Open Space and Recreational Areas
PLANNED RESIDENTIAL DISTRICT
Open space and landscaping in the PUD District
DESIGNATION AND ADOPTING A
shall be regulated as follows:
CONCEPTUAL DEVELOPMENT PLAN WITH
Those areas not designated on the conceptual
CONDITIONS
development plan shall be maintained as open
222 Regular Session, July 21, 2003
rd
space, as defined by Section 8 of the Zoning Dated in Dubuque, Iowa this 23 day of July,
Ordinance by the property owner and/or 2003.
association. /s/ Nino D. Pedreilli
E. Sign Regulations. Published officially in the Telegraph Herald
st
Signs in the PUD District shall be regulated in Newspaper the 1 day of August, 2003.
accordance with the R-3 sign regulations of the /s/Jeanne F. Schneider, CMC, City Clerk
Zoning Ordinance. 1t 8/1
F. Transfer of Ownership. Buol moved that the requirement that a
Transfer of ownership or lease of property in this proposed Ordinance be considered and voted
PUD District shall include in the transfer or lease on for passage at two Council Meetings prior to
agreement a provision that the purchaser or the meeting at which it is to be finally passed be
lessee acknowledges awareness of the suspended and further moved final
conditions authorizing the establishment of the consideration and passage of the Ordinance.
district. Seconded by Michalski. Motion carried 7-0.
G. Reclassification of Subject Property.
The City of Dubuque, Iowa, may initiate zoning Sale of Real Property – 2521 Stafford Street:
reclassification proceedings to the R-1 Single-Proof of publication on notice of hearing to
Family Residential District and R-3 Moderate consider the sale of real estate at 2521 Stafford
Density Multi-Family Residential District in Street to Kristy Monahan-Smith for the amount
accordance with Section 6 of the Zoning of $71,500 and City Manager recommending
Ordinance if the property owner fails to complete approval, presented and read. Connors moved
or maintain any of the conditions of this that the proof and communication be received
ordinance. and filed. Seconded by Cline. Motion carried 7-
H. Modifications. 0.
Any modifications of this Ordinance must be Kristy Monahan-Smith spoke requesting
approved by the City Council in accordance with Council approve this disposition.
zoning reclassification proceedings of Section 6
RESOLUTION NO. 251-03
of the Zoning Ordinance.
RESOLUTION DISPOSING OF CITY-OWNED
I. Recording.
PROPERTY, SPECIFICALLY, LOT TWO (2)
A copy of this ordinance shall be recorded at the
OF LOT ONE (1) AND THE EAST ONE-HALF
expense of the property owner(s) with the
(E1/2) OF LOT FOUR (4) OF LOT TWO (2)
Dubuque County Recorder as a permanent
BOTH IN GEIGER’S SUBDIVISION IN THE
record of the conditions accepted as part of this
CITY OF DUBUQUE, COUNTY, DUBUQUE,
reclassification approval. This ordinance shall
IOWA ACCORDING TO THE RECORDED
be binding upon the undersigned and his/her
PLAT THEREOF; OTHERWISE KNOWN AS
heirs, successors and assigns.
2521 STAFFORD STREET.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning Whereas, pursuant to a notice, duly published
Commission of the City of Dubuque, Iowa. in the Telegraph Herald newspaper, the City
st
Section 4. The foregoing amendment shall Council of Dubuque, Iowa, met on the 21 day
take effect upon publication, as provided by law. of July 2003, at 6:30 p.m. in the Carnegie Stout
stth
Passed, approved and adopted this 21 day of Public Library Auditorium, 11 and Bluff Street,
July, 2003. Dubuque, Iowa, to consider the proposal to
/s/Terrance M. Duggan, Mayor dispose of City-owned real estate located at
Attest: /s/Jeanne F. Schneider, CMC, City Clerk 2521 Stafford Street which property is legally
ACCEPTANCE OF ORDINANCE NO. 56-03 described as follows:
I, Marty McNamer, representing Harvest Lot Two (2) of Lot One (1) and the East One-
Development Group, L.L.C., having read the Half (E1/2) of Lot Four (4) of Lot Two (2) both in
terms and conditions of the foregoing Ordinance Geiger’s Subdivision in the City of Dubuque,
No. 56-03 and being familiar with the conditions County, Dubuque, Iowa according to the
thereof, hereby accept this same and agree to recorded plat thereof; otherwise known as 2521
the conditions required therein. Stafford Street.
rd
Dated in Dubuque, Iowa this 23 day of July, Whereas, such property is proposed to be sold
2003. to Kristy Monahan-Smith in consideration of
/s/ Marty NcNamer Seventy One Thousand Five Hundred Dollars
ACCEPTANCE OF ORDINANCE NO. 56-03 ($71,500); and
I, Nino D. Pedrelli, representing Professional Whereas, the City Council of the City of
Realty and Development Corporation having Dubuque, Iowa, has overruled any and all
read the terms and conditions of the foregoing objections, oral and written, to the proposal to
Ordinance No. 56-03 and being familiar with the dispose of the interest of the City of Dubuque,
conditions thereof, hereby accept this same and Iowa, in the herein and above-named real estate
agree to the conditions required therein. to the above-named grantee.
Regular Session, July 21, 2003 223
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NOW, THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 21day of
THE CITY COUNCIL OF THE CITY OF July 2003.
DUBUQUE, IOWA: Terrance M. Duggan, Mayor
Section 1. That the disposal of the interest of Attest: Jeanne F. Schneider, City Clerk
the City of Dubuque in the above-described Michalski moved adoption of the Resolution.
property to Kristy Monahan-Smith is hereby Seconded by Buol. Motion carried 7-0.
approved.
Section 2. That the Mayor be and he is hereby Markham moved that the rules be reinstated
authorized and directed to execute a Quit Claim limiting discussion to the Council. Seconded by
Deed and that the City Clerk be and she is Cline. Motion carried 7-0.
hereby directed and authorized to deliver such
ACTION ITEMS
Deed, conveying the above described real
estate to the above-named grantee.
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Passed, approved and adopted this 21 day of East Dubuque Savings Bank – Site Plan
July, 2003 Review: Zoning Advisory Commission
Terrance M. Duggan, Mayor recommending approval of the site plan for East
Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Savings Bank at the southwest corner
Connors moved adoption of the Resolution. of Cedar Cross Road and Starlite Drive,
Seconded by Cline. Motion carried 7-0. Michalski moved that the communication be
received and filed and that the site plan be
Cooper Development Loan Subordination approved. Seconded by Nicholson. Motion
Agreement: Proof of publication on notice of carried 6-0 with Mayor Duggan abstaining.
hearing to consider a Subordination Agreement
with Dubuque Bank and Trust Company related Electrical Fee Ordinance: City Manager
to the City’s mortgage interest associated with recommending approval of a revised fee
Cooper Development Company’s Downtown schedule for electrical permits for new
Rehabilitation Loan and City Manager commercial and industrial projects, presented
recommending approval, presented and read. and read. Ordinance No. 57-03 Providing that
Michalski moved that the proof and the Code of Ordinances, City of Dubuque, Iowa,
communication be received and filed. be amended by revising the electrical permit fee
Seconded by Buol. Motion carried 7-0. schedule for new commercial and industrial
buildings for the City of Dubuque, Iowa,
RESOLUTION NO. 252-03
presented and read. Buol moved that the
RESOLUTION AUTHORIZING A SUBORDINA-
communication be received and filed. Seconded
TION AGREEMENT IN REGARD TO A
by Michalski. Motion carried 7-0.
MORTGAGE INTEREST IN CITY LOT 73
(EXCEPT THE SOUTHERLY 3 INCHES OFFICIAL PUBLICATION
THEREOF) IN THE CITY OF DUBUQUE, ORDINANCE NO 57-03
DUBUQUE COUNTY, IOWAAN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
Whereas, pursuant to Resolution and
ORDINANCES, CITY OF DUBUQUE, IOWA,
published notice of time and place of hearing,
BE AMENDED BY REVISING THE
the City Council of the City of Dubuque, Iowa,
ELECTRICAL PERMIT FEE SCHEDULE FOR
met on July 21, 2003, to consider the proposal
NEW COMMERCIAL AND INDUSTRIAL
to dispose of interest in certain real estate by
BUILDINGS FOR THE CITY OF DUBUQUE,
executing a Subordination Agreement for a Real
IOWA.
Estate Mortgage filed August 3, 2001, as
Instrument No. 12323-01, as to the following NOW, THEREFORE, BE IT ORDAINED BY
described real estate: THE CITY COUNCIL OF THE CITY OF
City Lot 73 (except the southerly 3 inches DUBUQUE, IOWA:
thereof) in the City of Dubuque, Dubuque Section 1. That Section 18-2 of the Code of
County, Iowa; and Ordinances of the City of Dubuque, Iowa be
Whereas, the City Council overruled any and amended by amending Section 18-2, Article 82-
all objections, oral or written, to dispose of 4 by adding the following after the fee schedule
interests of the City of Dubuque, Iowa, in the for new residential buildings:
above-described real estate. Article 82-4:
NOW, THEREFORE, BE IT RESOLVED BY New Commercial Buildings. The following fees
THE CITY COUNCIL OF THE CITY OF shall include all wiring and electrical equipment
DUBUQUE, IOWA: in or on each building, or other electrical
Section 1. That the Mayor and City Clerk are equipment on the same premises constructed at
hereby authorized and directed to execute said the same time. The different areas of a multi-
Subordination Agreement on behalf of the City tenant building shall be calculated according to
of Dubuque, Iowa. their use.
224 Regular Session, July 21, 2003
RESOLUTION NO. 253-03
New Office Space. This may include, but is not
RESOLUTION AUTHORIZING A GRANT
limited to offices, banks, hotels, motels,
APPLICATION TO THE IOWA DEPARTMENT
showrooms, churches, stores, hospitals,
OF NATURAL RESOURCES FOR REAP
schools, arenas, convenience store, gas station,
FUNDS FOR PYATIGORSK PARK
theaters and restaurants. Square footage of
mezzanines shall be included. Whereas, the City of Dubuque has identified
Square Footage Fee Pyatigorsk Park as an important recreational
America’s
1-25,000 $.05/square foot facility to be developed as part of the
River
25,001-75,000 $1250.00 plus $.04/square Project; and
foot for each square foot above 25,000. Whereas, the Iowa Department of Natural
75,001-200,000 $3250.00 plus $.03/square Resources has allocated grant funds in the
foot for each square foot above 75,000. REAP (Resource Enhancement and Protection)
200,001-500,000 $7000.00 plus $.02/square Program for the development of public parks;
foot for each square foot above 200,000. and
500,001 or more $13,000.00 plus $.01/square Whereas, the City of Dubuque has adopted a
foot for each square foot above 500,000. Comprehensive Plan and a Riverfront Plan that
New Industrial Space. This may include, but is include goals for development of public parks
not limited to factories, printers, manufacturing, along the and Heritage Trail Riverfront System.
fabrication, storage, binders, bottlers, repair NOW THEREFORE, BE IT RESOLVED BY
garages, car washes, bulk fuel dispensing and THE CITY COUNCIL OF THE CITY OF
warehouses. Square footage of mezzanines DUBUQUE, IOWA:
shall be included. Section 1. The Mayor hereby is authorized to
Square Footage Fee sign and the Planning Services Manager is
1-25,000 $.02/square foot hereby authorized to submit the resolution and
25,001-75,000 $500.00 plus $.01/square the application to the Iowa Department of
foot for each square foot above 25,000. Natural Resources for REAP funds for
75,001-200,000 $1000.00 plus $.005/square Pyatigorsk Park.
foot for each square foot above 75,000. Section 2. That in the event said application is
200,001-500,000 $1625.00 plus $.0025 / approved, the City Council hereby provides its
square foot for each square foot above 200,000. written assurance that the completed project will
500,001 or more $2375.00 plus $.0005 / be adequately maintained for its intended use
square foot for each square foot above 500,000. for a minimum of twenty (20) years following
Section 2. When Effective. This Ordinance project completion.
st
shall take effect immediately upon publication as Passed, approved and adopted this 21 day of
provided by law. July 2003.
Passed, approved and adopted this 21stday Terrance M. Duggan, Mayor
of July, 2003. Attest: Jeanne F. Schneider, City Clerk
/s/Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution.
Attest: /s/Jeanne F. Schneider, CMC, City Clerk Seconded by Cline. Motion carried 7-0.
Published officially in the Telegraph Herald the
th
25 day of July, 2003. Vendor Application Process: City Manager
/s/Jeanne F. Schneider, CMC, City Clerk recommending approval of the criteria for use of
1t 7/25 public right-of-way for vending at the Port of
Buol moved that the requirement that a Dubuque and Hawthorne Street Peninsula,
proposed Ordinance be considered and voted presented and read. Cline moved that the
on for passage at two Council Meetings prior to communication be received and filed and
the meeting at which it is to be finally passed be recommendation approved. Seconded by
suspended and further moved final Nicholson. Motion carried 7-0.
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0. The following Agenda item was withdrawn at
the request Fondell Excavating - Eagle Valley
Resources Enhancement and Protection Subdivision: City Manager recommending
(REAP) Program: City Manager recommending approval of assistance, with guarantees, to
City Council approval of an updated REAP Plan, Fondell Excavating, Inc. to facilitate
confirmation of a representative to the REAP development of Eagle Valley Subdivision, which
committee, and approval of the Fiscal Year 2005 is a new subdivision of affordable owner-
REAP grant application, presented and read. occupied housing along Roosevelt Road.
Michalski moved that the communication be
received and filed and that Council Member Fiscal Year 2004 Budget Amendment: City
Joyce Connors be reappointed to the REAP Manager submitting information on the Fiscal
Committee. Seconded by Cline. Motion carried Year 2004 budget amendment and utility
7-0. franchise fee and recommending that a public
Regular Session, July 21, 2003 225
hearing be set for July 28, 2003 to consider that this item be denied and Historic
adoption of a franchise fee, presented and read. Preservation Commission recommending
Michalski moved that this be set for public approval of a request from the Langworthy
hearing on Monday, 7/28/03, at a meeting to Neighborhood Association for funding in the
commence at 6:00 P.M. in the Public Library amount of $5,930.40 from the Historic District
Auditorium and that the City Clerk publish notice Public Improvement Program to install planters
in the manner required by law. Seconded by in the public right-of-way in the Langworthy
Markham. Motion carried 7-0. Historic District, presented and read. Buol
moved that the communication be received and
Jackson Park Historic District / Downtown filed and approved recommendation to deny.
Neighborhood Council: Communication of the Seconded by Nicholson. Motion carried 7-0.
City Manager requesting that this item be denied
and Historic Preservation Commission Historic Preservation Commission:
recommending approval of a request from the Communication of the City Manager requesting
Downtown Neighborhood Council for funding in that this item be denied and Historic
the amount of $15,905.80 from the Historic Preservation Commission recommending that
District Public Improvement Program to install the City Council allocate $4,345.77 from the
trash receptacles, park benches, planters and Historic District Public Improvement Program for
street trees in Jackson Park and the public right-Engineering Department costs associated with
of-way in the Jackson Park Historic District, the installation of historic district entry street
presented and read. Buol moved that the signs in the public right-of-way, presented and
communication be received and filed and read. Buol moved that the communication be
approved recommendation to deny. Seconded received and filed and approved
by Nicholson. Motion carried 7-0. recommendation to deny. Seconded by
Nicholson. Motion carried 7-0.
Historic Bluffs Neighborhood Association:
COUNCIL MEMBER REPORTS
Communication from the Historic Bluffs
Neighborhood Association requesting that the
Council reconsider pulling funding from the Nicholson stated his appreciation for the input
existing Historic District Public Improvement and civility of individuals attending and speaking
Program, presented and read. at the Public Hearing for the amended Budget
Communication of the City Manager and also stated the new Grand River
requesting that this item be denied and Conference Center is magnificent. Michalski
Communication of the Historic Preservation thanked staff and also the Five Flags Staff for
Commission recommending approval of a their work on the public hearing.
request from the Historic Bluff Neighborhood
Association for funding in the amount of There being no further business, Cline moved
$86,032.50 from the Historic District Public to adjourn. Seconded by Markham. Motion
Improvement Program to install historic street carried 7-0. The meeting adjourned at 8:43
lighting in the public right-of-way along Loras P.M.
Boulevard from Bluff Street to Prairie Street,
presented and read. Buol moved that the /s/ Jeanne F. Schneider, CMC
communication be received and filed and City Clerk
approved recommendation to deny. Seconded 1t 7/30
by Nicholson. Motion carried 7-0.
Downtown Neighborhood Council: Communi-
cation of the City Manager requesting that this
item be denied and Historic Preservation
Commission recommending approval of a
request from the Downtown Neighborhood
Council for funding in the amount of $12,155.03
from the Historic District Public Improvement
Program to install brick paver sidewalks in the
public right-of-way at 1105, 1470, 1472 and
1492 Locust Street, presented and read. Buol
moved that the communication be received and
filed and approved recommendation to deny.
Seconded by Nicholson. Motion carried 7-0.
Langworthy Neighborhood Association:
Communication of the City Manager requesting
226 Regular Session, July 21, 2003
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
Special Session, July 28, 2003 227
DUBUQUE
FROM THE SALE OF ELECTRICITY WITHIN
THE CITY OF DUBUQUE
CITY COUNCIL
Whereas, City of Dubuque Ordinance No. 58-
OFFICIAL
93 (City of Dubuque Code of Ordinances
PROCEEDINGS
Appendix D), adopted by the City Council on the
4th day of October 1993, granted to Interstate
City Council, Special Session, July 28, 2003
Power Company, its successors and assigns
Council met in Special Session at 6:00 P.M. in
(hereinafter referred to collectively as the
the Library Auditorium
Company), nonexclusive authority for a period of
twenty-five (25) years to maintain and operate
Present: Mayor Duggan, Council Members
its electrical system within the limits of the City
Buol, Cline, Connors, Markham, Michalski,
of Dubuque; and
Nicholson, City Manager Michael Van Milligen,
Whereas, Ordinance No. 58-93 provides that
Corporation Counsel Lindahl
the City Council may, impose a franchise fee not
to exceed three (3) percent of the gross revenue
Mayor Duggan read the call and stated this is
of the Company generated from the sale of
a special session of the City Council called for
electricity within the City of Dubuque; and
the purpose of conducting a public hearing to
Whereas, the City Council has determined that
consider adoption of a Utility Franchise Fee.
a franchise fee is in the best interests of the City
of Dubuque.
Michalski moved that the rules be suspended
NOW, THEREFORE, BE IT ORDAINED BY
to allow anyone present to speak. Seconded by
THE CITY COUNCIL OF THE CITY OF
Cline. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. Effective October 1, 2003 and for
Utility Franchise Fee: Proof of publication on
the term of the franchise granted by Ordinance
notice of hearing to consider the adoption of a
No. 58-93, there is hereby imposed upon the
Utility Franchise Fee and City Manager
Company a fee equal to two percent (2%) of the
recommending approval, presented and read.
gross revenue generated from the sale of
Michalski moved that the communication be
electricity within the City of Dubuque.
received and filed. Seconded by Cline. Motion
Section 2. The Company shall on the first day of
carried 7-0.
each month commencing November 1, 2003,
Communications from citizens regarding the
certify to the City Manager in a form acceptable
proposed franchise fee, presented and read.
to the City Manager records establishing the
Michalski moved that the communications be
gross revenues from the sale of electricity within
received and filed. Seconded by Cline. Motion
the City of Dubuque and shall pay the fee to the
carried 7-0.
City within thirty (30) days following the last day
Joe Ertl, of Dyersville, spoke and objected to
of the preceding month.
the proposed franchise fee tax stating tax
Section 3. The fee imposed by Sec. 1 shall
revenue is being lost to other cities in the
not apply to any sale of electricity by the
county.
Company that is exempt under Iowa Code §
Randy Roy of the Police Protective
422.45 from the tax imposed by Iowa Code §
Association spoke in support of the franchise
422.43 and in computing the amount of the fee,
fee.
the Company shall not include such sales,
Michalski moved that the rules be reinstated
unless it is impracticable to do so, in which event
limiting discussion to the Council. Seconded by
the City Manager may provide for a rebate of the
Cline. Motion carried 7-0.
amount of the fee for such exempt sales of
electricity to the Company’s customers.
th
An Ordinance establishing a franchise fee of
Passed, approved and adopted this 28 day of
2% of the gross revenue of Interstate Power
July, 2003.
Company, its successors and assigns,
/s/Terrance M. Duggan, Mayor
generated from the sale of electricity within the
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
City of Dubuque, and authorizing exemptions or
Published officially in the Telegraph Herald
st
rebates for certain properties, presented and
Newspaper the 1 day of August, 2003.
read.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 8/1
OFFICIAL PUBLICATION
Michalski moved that the requirement that a
ORDINANCE NO. 58-03
proposed Ordinance be considered and voted
ESTABLISHING A FRANCHISE FEE OF TWO
on for passage at two Council Meetings prior to
PERCENT (2%) OF THE GROSS REVENUE
the meeting at which it is to be finally passed be
OF INTERSTATE POWER COMPANY, ITS
suspended and further moved final
SUCCESSORS AND ASSIGNS, GENERATED
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
228 Special Session, July 28, 2003
An Ordinance establishing a franchise fee of which event the City Manager may provide for a
two percent (2%) and the gross revenue of rebate of the amount of the fee for such exempt
People’s Natural Gas Company, its successors sales of natural and mixed gas to the
and assigns, generated from the sale of natural Company’s customers.
th
gas or mixed gas within the City of Dubuque, Passed, approved and adopted this 28 day of
and authorizing exemptions or rebates for July, 2003.
certain properties, presented and read. /s/Terrance M. Duggan, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
Published officially in the Telegraph Herald
st
ORDINANCE NO. 59-03
Newspaper the 1 day of August, 2003.
ESTABLISHING A FRANCHISE FEE OF TWO
/s/Jeanne F. Schneider, CMC, City Clerk
PERCENT (2%) OF THE GROSS REVENUE
1t 8/1
OF PEOPLES NATURAL GAS COMPANY, ITS
Michalski moved that the requirement that a
SUCCESSORS AND ASSIGNS, GENERATED
proposed Ordinance be considered and voted
FROM THE DISTRIBUTION AND SALE OF
on for passage at two Council Meetings prior to
NATURAL GAS OR MIXED GAS WITHIN THE
the meeting at which it is to be finally passed be
CITY OF DUBUQUE
suspended and further moved final
Whereas, City of Dubuque Ordinance No. 43-consideration and passage of the Ordinance.
93 (City of Dubuque Code of Ordinances Seconded by Cline. Motion carried 6-0 with
Appendix C), adopted by the City Council on the Markham abstaining.
19th day of July, 1993, granted to Peoples
RESOLUTION NO. 254-03
Natural Gas Company, its successors and
RESCINDING RESOLUTION NO. 212-03 AND
assigns (hereinafter referred to collectively as
RESOLUTION NO. 234-03 RELATING TO THE
the Company), nonexclusive authority for a
WAGE PLAN AND COMPENSATION PACK-
period of twenty-five (25) years to maintain and
AGE FOR NON-BARGAINING UNIT EMPLOY-
operate its gas distribution system within the
EES FOR FISCAL YEAR 2004 AND
limits of the City of Dubuque; and
REINSTATING THE WAGE PLAN AND
Whereas, Ordinance No. 43-93 provides that
COMPENSATION PACKAGE FOR FISCAL
the City Council may, impose a franchise fee not
YEAR 2004
to exceed three (3) percent of the gross revenue
of the Company generated from the sale of Whereas, on March 6, 2001, the City Council
natural and mixed gas within the City of by Resolution No. 92-01 approved a Wage Plan
Dubuque; and and Compensation Package for non-bargaining
Whereas, the City Council has determined that unit employees for Fiscal Year 2004 to take
a franchise fee is in the best interests of the City effect July 1, 2003; and
of Dubuque. Whereas, on June 23, 2003, the City Council
NOW, THEREFORE, BE IT ORDAINED BY by Resolution No. 212-03 delayed the
THE CITY COUNCIL OF THE CITY OF implementation of the Wage Plan and
DUBUQUE, IOWA: Compensation Package until July 10, 2003; and
Section 1. Effective October 1, 2003 and for Whereas, on July 9, 2003, the City Council by
the term of the franchise granted by Ordinance Resolution No. 234-03 rescinded Resolution No.
No. 43-93, there is hereby imposed upon the 92-01 which had approved the Wage Plan and
Company a fee equal to two percent (2%) of the Compensation Package; and
gross revenue generated from the sale of Whereas, it has been recommended by the
natural and mixed gas within the City of City Manager that the Wage Plan and
Dubuque. Compensation Package be reinstated.
Section 2. The Company shall on the first day NOW, THEREFORE, BE IT RESOLVED BY
of each month commencing November 1, 2003, THE CITY COUNCIL OF THE CITY OF
certify to the City Manager in a form acceptable DUBUQUE, IOWA:
to the City Manager records establishing the Section 1. That Resolution No. 212-03 and
gross revenues from the sale of natural and Resolution No. 234-03 are hereby rescinded and
mixed gas within the City of Dubuque for the the Wage Plan and Compensation Package for
preceding month and shall pay the fee to the non-bargaining unit employees for Fiscal Year
City within thirty (30) days following the last day 2004 to take effect July 1, 2003, as approved by
of the preceding month. Resolution No. 92-01, is hereby reinstated.
th
Section 3. The fee imposed by Sec. 1 shall Passed, approved and adopted this 28 day of
not apply to any sale of natural and mixed gas July, 2003.
by the Company that is exempt under Iowa Terrance M. Duggan, Mayor
Code § 422.45 from the tax imposed by Iowa Attest: Jeanne F. Schneider, City Clerk
Code § 422.43 and in computing the amount of Michalski moved adoption of the Resolution.
the fee, the Company shall not include such Seconded by Cline. Motion carried 7-0.
sales, unless it is impracticable to do so, in
Special Session, July 28, 2003 229
Michalski moved to approve the amendment to
the Collective Bargaining Agreement between
the Dubuque Professional Firefighters
Association, Local #353, and the City of
Dubuque. Seconded by Cline. Motion carried
7-0.
There being no further business, Markham
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
6:33 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/6
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk