Proof Council Minutes 2 27 03
of
of
of
of
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 7, 2003, and for which the charge is $120.23.
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special
Session, February 27, 2003
Council Met at 6:30 P.M. in
the Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Markham, Michalski,
Nicholson, City Manager
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is a Special
Session of the City Council
called for the purpose of con-
ducting a Public Hearing on
the Fiscal Year 2004 Budget •
and Five Year Capital
Improvement Program.
Proofs of Publication on
Notice of Public Hearing on
Budget Estimate for Fiscal
Year 2004 and Notice of Public
Hearing on Five Year Capital
Improvement Program begin-
ning July 1, 2003 through the
fiscal year ending June 30,
2008, upon motion received
and filed.
Upon motion it was resolved
to suspend the rules to allow
anyone present to address the
Council if they so desire.
Public input and discussion
on departments in the follow-
ing order: Human Rights - no
comments; Finance - no com-
ments; City Manager's Office -
no comments; City Council -
no comments; City Clerk's
Office - no comments; Legal -
no comments; Health Services
- no comments; Cable TV - no
comments; Emergency
Communications - no com-'
ments; Emergency
Management - no comments; ,
Fire - no comments; Police -
no comments; Information
Services - no comments;
Building Services - no com-
ments; Water Pollution Control
Plant - no comments;
Operations and Maintenance -
no comments; Water - no
comments; Airport - no com-
ments; Library - no comments;
Civic Center - no comments;
Recreation - no comments,
Park no comments;
Economic Development - no
comments; Transit - no corn- I
ments; Parking - no com-
ments; Purchase of Services -
no comments; Capitol
Improvement Program - no
comments.
the Stormwater Utility Citizens
Advisory Committee, spoke in
favor of the Stormwater Utility
fee, stressing the need for a lot
of repairs. Wayne Klosterman
of the North End
Neighborhood Assn., spoke in
favor of the utility if funding not
found in the CIP but stressed
the need of a sunset clause.
Greg Cigrand, 1865 Admiral,
as a former flood victim spoke
of the necessity for programs
to alleviate flooding. Ron
Smith, 491 Burch, spoke of the
need for the Utility if not found
in the CIP, but stressed a sun-
set clause.
Planning Department: Dave
Rusk, Chair of the Long Range
Planning Commission, Ron
Smith, of the Zoning Advisory
Commission, and Mike Ruden
of the Zoning Board of
Adjustment spoke in favor of
the requested Planner position
and the Zoning Ordinance
update. Chris Wand, Chair of
the Historic Preservation
Commission, spoke in support
of the additional Planner posi-
tion.
Housing and Community
Development: Chris Wand,
Chair of the Historic
Preservation Commission,
spoke in support of the
$20,000 for the Historic
Preservation Homeowner
Grant Program.
Upon motion the public hear-
ing portion of the Budget was
closed.
Ordinance No. 7-03
Amending the City of Dubuque,
Code of Ordinances Chapter
44 by adding thereto a new
Division V. Stormwater
Management, establishing a
stormwater management utili-
ty district, providing for the
powers, duties and responsi-
bilities of the utility, establish-
ing a stormwater management
charge; and establishing a pol-
icy regarding expenditure of
utility revenues, presented and
read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Carried by the fol-
lowing vote: Yeas—Buol,
Cline, Connors, Markham,
Michalski, Nicholson. Nays —
Duggan.
Nicholson moved adoption of
Resolution No. 56-03 Adopting
Five Year Capital Improvement
Budget, as amended.
Seconded by Cline. Motion
carried 7-0. Communication
from the Long Range Planning
Advisory Commission regard-
ing their review of the Five
Year Capital Improvement
Program Budget, upon motion
received and filed.
Michalski moved adoption of
Resolution No. 57-03 Adopting
the Program Year 2003 (Fiscal
Year 2004) Community
Development Block Grant
(CDBG) Annual Plan, as
amended. Seconded by
Cline. Motion carried 7-0.
Communication from the
Historic Preservation
Commission regarding the
Fiscal Year 2004 Community
Development Block Grant
Annual Action Plan and
requesting the allocation of
$20,000 for the Historic
Preservation Homeowner
Grant Program, upon motion
received and filed.
Buol moved adoption of
Resolution No. 58-03
Approving the Five Year Street
Construction Program for
Fiscal Years 2004-2008.
Seconded by Michalski.
Motion carried 7-0.
reduced utility tax replacement
excise tax revenue and the
impact of valuation changes
since the budget recommen-
dation was submitted, upon
motion received and filed.
Items held out for separate
discussion: Full time Associate
Planner Position - $70,000 and
Zoning Ordinance Review and
I Update $130,000.
Communications from the
Historic Preservation
Commission, Long Range
Planning Advisory
Commission, Zoning Advisory
Commission and Zoning
Board of Adjustment in sup-
port of the additional
Associate Planner position and
communications from the
Long Range Planning Advisory
Commission, Zoning Advisory
Commission and Zoning-
; Board of Adjustment in sup-
port of the hiring of a consul-
tant to review and update the
Zoning Ordinance, upon
motion received and filed.
Michalski moved to postpone
consideration of the additional
Associate Planner position
until funds were available after
the hiring freeze was lifted.
Seconded by Markham.
Motion carried 7-0.
Nicholson moved to take the
City Manager's recommenda-
tion to not do the sidewalks in
Washington Park at this time
and to use those funds to
implement the update of the
Zoning Ordinance. Seconded
by Michalski. Carried by the
following vote: Yeas—Buol,
Cline, Connors, Markham,
Michalski, Nicholson. Nays —
Duggan.
Ordinance No. 8-03
Amending the Code of
Ordinances of the City of
Dubuque, Iowa, Section 9-31
"Registration Fees" for bicy-
cles by increasing the fees,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Buol moved adoption of
Resolution No. 60-03
Adjusting Fees for Ambulance
Services. Seconded by
Nicholson. Motion carried 7-0.
Ordinance No. 9-03,
Amending the Code of
Ordinances, City of Dubuque,
Iowa, by replacing Table 108.2
in Section 11-2 with a new
Table 108.2 to Section 11-2
providing for the issuance of
permits and collection of fees
therefore for building permits,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Ordinance No. 10-03
Amending the Code of
Ordinances of the City of
Dubuque, Iowa, Sections 44-
83(a)(3)g, establishing basic
sewer rates for residential and
commercial users, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two •
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
ycu.uu iu 6c3.uu, presentea
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be,
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Ordinance No. 12-03
Amending the City of Dubuque
Code of Ordinances Section
40-37 paragraphs (a), (b), and
(c) establishing charges for the
collection and disposal of solid
waste and recyclable materials
increasing the base fee from
$7.20 per dwelling unit per
month to $7.49 and amending
Section 40-37 paragraph (d)
providing for solid waste carts
to be available to all refuse col-
lection customers, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the -
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the.',
Ordinance. Seconded by
Nicholson. Motion carried 7-0. !
Ordinance No. 13-03 I
Amending the City of Dubuque i
Code of Ordinances Section
44-201(a) fixing water rates for
residential, commercial, indus-
trial and all other uses, pre-
sented and read. Buol moved •
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas- ,
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.
-
Seconded by Nicholson.
Motion carried 7-0.
Ordinance No. 14-03
Amending the Code of,
Ordinances of the City of
Dubuque, Iowa Section 44-
202 Fire Sprinkler Service,'
presented and read. Buol_
moved that the requirement
that a proposed Ordinance be.
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finallyc
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Buol moved adoption of
Resolution No. 61-03
Rescinding Resolution No.
105-97, Establishing a
Schedule of Development,
Service Fees, and adopting in
lieu thereof a new schedule of
Development Service Fees as
wa). and
Seconded by Nicholson.
Motion carried 7-0.
Ordinance No. 15-03
Amending Section 32-279 of
the City of Dubuque Code of
Ordinances Parking Violations
- Fines, presented and read.
Buol moved that the require •
-
ment that a proposed
Ordinance be considered and
voted on for passage at two -
Council Meetings prior to the
meeting at which it is to be
providing in ttr6 Zoning
Ordinance (Appendix A) and
the Subdivision Regulations
(Chapter 42 of the Code of
Ordinances of the City of
Dub
Tinany passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
There being no further busi-
ness, upon motion meeting
adjourned at 7:37 P.M.•
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/7
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 7, 2003, and for which the charge is $120.23.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 7Z day of — 731" , 20 p 3.
Ntftary Public in and for Dubuque County, Iowa.
CiAR4 K. WESTERMEYER
Commiaelon Number 154885
My Comm. Exp. FEB. 1, 2005
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special
Session, February 27, 2003
Council Met at 6:30 P.M. in
the Public Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Markham, Michalski,
Nicholsoe, City Manager
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is a Special
Session of the City Council
called for the purpose of con-
ducting a Public Hearing on
the Fiscal Year 2004 Budget
and Five Year Capital
Improvement Program.
Proofs of Publication on
Notice of Public Hearing on
Budget Estimate for Fiscal
Year 2004 and Notice of Public
Hearing on Five Year Capital
Improvement Program begin-
ning July 1, 2003 through the
fiscal year ending June 30,
2008, upon motion received
and filed.
Upon motion it was resolved
to suspend the rules to allow
anyone present to address the
Council if they so desire.
Public input and discussion
on departments in the follow-
ing order: Human Rights - no
comments; Finance - no com-
ments; City Manager's Office -
no comments; City Council -
no comments; City Clerk's
Office - no comments; Legal -
no comments; Health Services
- no comments; Cable TV - no
comments; Emergency
Communications - no com-
ments; Emergency
Management - no comments;
Fire - no comments; Police -
no comments; Information
Services - no comments:
Engineering Department:
David Stuart, 1470 Locust,l
spoke in support of the
Stormwater Utility. Steward
Sandstrom, President of the
Chamber of Commerce, John
Herrig, as President of the
Landowner's Assn., and Jerry
Maro, 10358 Timothy, as a
landlord, spoke objecting to
the Stormwater Utility fee. Ray
Taylor, 1080 River Vista Drive,
spoke objecting to the
Stormwater Utility fee and
plan. Mike Portzen, Chair of
the Stormwater Utility Citizens
Advisory Committee, spoke in
favor of the Stormwater Utility
fee, stressing the need for a lot
of repairs. Wayne Klosterman
of the North End
Neighborhood Assn., spoke in!
favor of the utility if funding not'
found in the CIP but stressed
the need of a sunset clause.
Greg Cigrand, 1865 Admiral,
as a former flood victim spoke
of the necessity for programs
to alleviate flooding. Ron
Smith, 491 Burch, spoke of the
need for the Utility if not found
in the CIP, but stressed a sun-
set clause.
Planning Department: Dave
Rusk, Chair of the Long Range
Planning Commission, Ron
Smith, of the Zoning Advisory
Commission, and Mike Ruden
of the Zoning Board of
Adjustment spoke in favor of
the requested Planner position
and the Zoning Ordinance
update. Chris Wand, Chair of
the Historic Preservation
Commission, spoke in support
of the additional Planner posi-
tion.
Housing and Community
Development: Chris Wand,
Chair of the Historic
Preservation Commission,
spoke in support of the
$20,000 for the Historic
Preservation Homeowner
Grant Program.
Upon motion the public hear-
ing portion of the Budget was
closed.
Ordinance No. 7-03
Amending the City of Dubuque
Code of Ordinances Chapter
44 by adding thereto a new
Division V. Stormwater
Management, establishing a
stormwater management utili-
ty district, providing for the
powers, duties and responsi-
bilities of the utility, establish-
ing a stormwater management
charge; and establishing a pol-
icy regarding expenditure of
utility revenues, presented and
read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Carried by the fol-
lowing vote: Yeas—Buol,
Cline, Connors, Markham,
Michalski, Nicholson. Nays—
Duggan.
Nicholson moved adoption of
Resolution No. 56-03 Adopting
Five Year Capital Improvement
Budget, as amended.
Seconded by Cline. Motion
carried 7-0. Communication
from the Long Range Planning
Advisory Commission regard-
ing their review of the Five
Year Capital Improvement
Program Budget, upon motion
received and filed.
Michalski moved adoption of
Resolution No. 57-03 Adopting
the Program Year 2003 (Fiscal
Year 2004) Community
Development Block Grant
(CDBG) Annual Plan, as
amended. Seconded by
Cline. Motion carried 7-0.
Communication from the
Michalski moved adoption of
Resolution No. 59-03
Adopting Annual Budget, as
amended, for the Fiscal Year
ending June 30, 2004.
Seconded by Cline. Carried by
the following vote: Yeas—
Buol, Cline, Connors,
Markham, Michalski,
Nicholson. Nays —Duggan.
Communication from the City I
Manager representing options
on funding for the two items
held out for separate discus-
sion and making a recommen-
dation on a temporary hiring
freeze to cover the impact of
reduced utility tax replacement
excise tax revenue and the
impact of valuation changes
since the budget recommen-
dation was submitted, upon
motion received and filed.
Items held out for separate
discussion: Full time Associate
Planner Position - $70,000 and
Zoning Ordinance Review and
Update $130,000.
Communications from the
Historic Preservation
Commission, Long Range
Planning Advisory
Commission, Zoning Advisory
Commission and Zoning
Board of Adjustment in sup-
port of the additional
Associate Planner position and
communications from the
Long Range Planning Advisory
Commission, Zoning Advisory
Commission and Zoning
Board of Adjustment in sup-
port of the hiring of a consul-
tant to review and update the
Zoning Ordinance, upon
motion received and filed.
Michalski moved to postpone
consideration of the additional
Associate Planner position
until funds were available after
the hiring freeze was lifted.
Seconded by Markham.
Motion carried 7-0.
Nicholson moved to take the
City Manager's recommenda-
tion to not do the sidewalks in
Washington Park at this time
and to use those funds to
implement the update of the
Zoning Ordinance. Seconded
by Michalski. Carried by the
following vote: Yeas—Buol,
Cline, Connors, Markham,
Michalski, Nicholson. Nays —
Duggan.
Ordinance No. 8-03
Amending the Code of
Ordinances of the City of
Dubuque, Iowa, Section 9-31
"Registration Fees" for bicy-
cles by increasing the fees,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Buol moved adoption of
Resolution No. 60-03
Adjusting Fees for Ambulance
Services. Seconded by
Nicholson. Motion carried 7-0.
Ordinance No. 9-03
Amending the Code of
Ordinances, City of Dubuque,
Iowa, by replacing Table 108.2
in Section 11-2 with a new
Table 108.2 to Section 11-2
providing for the issuance of
permits and collection of fees
therefore for building permits,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Ordinance No. 10-03
Ordinance No. 11-03
Amending the City of Dubuque
Code of Ordinances Section
40-39 paragraph (d) providing,
for solid waste collection carts
to be available to all City yard
waste collection customers
and establishing the fee for
such carts; and increasing the
annual permit fee for the col-
lection of yard waste from
$20.00 to $25.00, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the
meeting at which it is to be,
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Ordinance No. 12-03
Amending the City of Dubuque
Code of Ordinances Section
40-37 paragraphs (a), (b), and
(c) establishing charges for the
collection and disposal of solid
waste and recyclable materials
increasing the base fee from
$7.20 per dwelling unit per
month to $7.49 and amending
Section 40-37 paragraph (d)
providing for solid waste carts
to be available to all refuse col-
lection customers, presented
and read. Buol moved that the
requirement that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to the:
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Ordinance No. 13-03
Amending the City of Dubuque •
Code of Ordinances Section
44-201(a) fixing water rates for
residential, commercial, indus-
trial and all other uses, pre-
sented and read. Buol moved
that the requirement that a
proposed Ordinance be con-
sidered and voted on for pas- r
sage at two Council Meetings
prior to the meeting at which it
is to be finally passed be sus-
pended and further moved
final consideration and pas-
sage of the Ordinance.,
Seconded by Nicholson.
Motion carried 7-0.
Ordinance No. 14-03
Amending the Code of,
Ordinances of the City of
Dubuque, Iowa Section 44-
202 Fire Sprinkler Service,'
presented and read. Buol_
moved that the requirement
that a proposed Ordinance be•
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finailyc
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Buol moved adoption of
Resolution No. 61-03
Rescinding Resolution No.
105-97, Establishing a
Schedule of Development,
Service Fees, and adopting in
lieu thereof a new schedule of
Development Service Fees as
providing in the Zoning
@rdinance (Appendix A) and
the Subdivision Regulations.
(Chapter 42 of the Code of
Ordinances of the City of
Dubuque, Iowa). and
Seconded by Nicholson...
Motion carried 7-0.
Ordinance No. 15-03
Amending Section 32-279 of
.the City of Dubuque Code of
Ordinances Parking Violations
Fines, presented andread.•
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 7, 2003, and for which the charge is $120.23.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 7C �. day of—7Yf/%Ge41J , 20 o 5.
Notary Public in and for Dubuque County, Iowa.