Proof Council Minutes 8 4 03
Mayor Duggan read
euncil~voc°me b~ore the City
United Way
Campaign Time (August 18
- October 31, 2003)
Ron Spiliane.
CONSENT ITEMS
Minutes and Reports
Submitted: Airpor~
commission of 6/23
7/18; City Council of 7/21
7/28; Civil Service
n~ic of 7/8 and~
7/25; Historic Preserver on
Commission of 7/17;
Housing Commission
5/27; upon motion
received and filed.
Proofs
Council
June
upon
received and fried.
Pricted Council
Proceedings for May,
2003, upon motion
received and filed ~nd
John Go~o vs ~
for investigation
advL~ng
claims
Public Entity
for the
Assurance Pool:
Bamhar~
Usa Imbue for
Corporation Cq?sel r(
ommending denial of
and concurred.
the Claim
STATE OF IOWA
DUBUQUE i2OUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, She---~_~ A. Yut~, a Billing Clerk for Woodward Communications, Inc., an Iow~
corporation, publisher of the Tele~aph Herald, a newspaper of general circulatio~
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
date¢: August' 13, 2003, and for which the charge is $181.06.
Subscribed to before me, a Notary Public in and for Dubuoue
~s ~ _ day of__~/y~.,~_~____ ,20_~&. Co~y, iowa,
Notary Public in and for Dubuque Comity, Iowa.
CITY OFDUBUQUE,
IOWCOUNCIL
PROCEEDINGS
OFFICIAL
City Czunc! Regular
Session, August 4, 2003
Council met in Regular
-Session adit30 P.M. in the
Library
Present Mayor Duggan,
Council Members Buol,
Cline, Connors, Markham,
Michalski, Nicholson, VanCity
Manager Michael
Miligen, Corporation
Counsel Barry Lindahl.
Mayor Duggan read the
call and stated this is a reg-
ular session of the City
Council called for the h
pur-
pose of discussing
mattersatters which may proper-
1ch
ly come before the City
Council. by
Invocation was given
Pastor Lutheran
n
St. Matthew 1
Church
Procia Gaming
Responsible (August 4
Education Week (Au 9
- 8, 2003) received by
Carrie Tedore and
Shannon Gaherty of the
Racing
Dubuque
Campaign Association; nited a (August 18
Campaign 2003)31,
October Spillane.
received by Ron
CONSENT ITEMS
Minutes and Report
Submitted:
rt
Commission of 6123 and
Ci
ty Council
of 7/21
and
and 7/28; Civil Service
Commission of 7/8 and
7/25; Historic Preservation
Commission 7/17;
Housing Commission of
5/27, upon motion
received and filed. publication of
Proofs of
Council Proceedings for
July 7 and July 9, 2003 and
List of Claims and
-Summary of Revenues -for
Month Ending June motion
2003, upon
received and filed. Council
Printed ,
MayMay
Proceedings for motion
2003, upon
received and filed and
approved as printed.
Notice of Claims/Suits:
,Michael Francois for 0w vehi-
cle damage; loss;
ane
Hingtgen for property
Lyle and Patricia Ott for
vehicle damage;
Teamsters Union fk421 and
John Gotta vs City
of
Dubuque, upon motion
referred to the Legal Staff
for investigation and
..report.
Corporation Counsel
i advising that the following
claims have been referred
to Public Entity Risk
Services of Iowa, the agent
for the Iowa Communities
Assurance Pool: Chris
Barnhart for vehicle dam-
age; Lisa lmbus for person-
al injury, upon motion
received and filed and con-
curred.
Corporation Counsel rec-
ommending denial of the
claim of Mary Marcotte for
vehicle towing, upon
motion received and filed
and concurred.
Corporation Counsel rec-
ommending settlement of
the icdawn Inc. for prod d rty
Services,
I damage and directing
Finance Departmerupon
issue payment,
motion rconcur edeived nd filed
and
and
Finance to issue payment.
Request to PurchaseCity-
OwnedProperty:
uest
1 of Bob Hartig, OakPark
Place of Dubuque, LLC,
purchase three parcels of
property located in the
Medical Associates Green
Belt, upon motion received
and tiled arid referred to
Manager.
the City
Patricia Ann Drive/
-Subdivision:
Communication from Lloyd
S. Gudenkauf, Gudenkauf
Construction, requesting
that the City release his
bond, in the amount of
of
$13,500, for comp
letion Patricia Ann Drive, upon
motion received and filed
and referred to the City
Manager.
Eagle Food Centers, Inc.:
frnroaEagle Food mendednotification
fromCenters,
Inc. pursuant to the Worker
Adjustment andRetrainingtrai and
Notification
I applicable State law and
advising
iled that the
Chapter all
hasfor
bankruptcy, upon motion
,received and filed
PoliceDepartment
p
Manager Towing
Corecommend ng
approval for. al of'N e
with
towing Wenzel Towing, Presented
and read. questioned
Marie Steve specifics oof
the bid -letting requested reevalu-
phis and rqu
ation of their bid. '
' Police Chief Kim Waddiing
spoke clarifying
eir
process of this towing con-
tract.
After Council discussion
and direction to reevaluate,
upon motion this matter
was tabled.- Section 8 Managementa
Assessment Managerrogrm
(SEMAP): City
advising that the City of
Housing
Dubuque
Department has been des-
ignated a housing
Performing„ the sing
authority by
Department of Ho
and Urban Development,
with a rating score
100motion
a upon
received andfiled.
Establishment of Fair
Market Value on U.S. 20
Properties:
rlinrs ano ovager
of
Resolution No. 260-03
Granting the issuance of a
Class "B" Beer (5. Day
Special Event) Permit ts to
BDubuque J; and
Resolution
ang C-;
No. 261-03 Granting the
issuance of a Class "C"
Beer/Liquor License to
Clarke College, Shannon's
Bar/Grill, and Player's
Sports Bar; and Special
Class "C" Liquor License
to Chao Choo Charlie's
and - Bali TowerTheatre.
tire
Seconded by Michalski.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
General Obligation Bond o
Sale Support
Stormwater Projects: City
Manager recommending
ing
that a public hearing 03 on set
he
for August 18,
proposition ot io
exceed 52,110,000
General Obligation Bonds
(for an essentlal cor
porate
purpose) projects, A upon
mottort
stormrectereived
i J filed.
motion received and Michalski moved adoption
Resolutionfora meeting
date g
Fixing on the proposition of the
issuance of not toexceed
52,110,000
Obligation Bonds (for an
essential corporate pur-
pose) of Dubuque, Iowa,
and providing for publica-
tion of notice thereof and
set this for public hearing
on 8/18/03 at a meeting to
commence at
6:30
library audi-
the publicitor
um and that the City Clerk
publish notice in the man-
ner prescribed by law.
Seconded by Cline. Motion
carried 7-0.
Eagle Valley Subdivision
Sanitary Sewer Extension
Project - Initiate: City
Manager recommending
initiation of the biddingr thEage
pVrocess eySubdivision Sanitary
Sewer
Sewer Installation Project
and that a public hearing
be set
for August
uuponmot onrecei e2003, d and
filed. Michalski moved
adoption of Resolution Preiminary
263-03 plans and
approval of Resolution
specifications;
No. 264-03 Fixing date of
hearing on plans and spec-
ifications for 8/18/03 at a .
meeting to commence
public
6:30 P.M.
orium and that
thelibrCityty Clerk publish
the
notice in the manner pre-
scribed by law and
Resolution No. 265-03
Ordering bids. Seconded
by Cline. Motion carried 7-
0.
Fiscal Year 2004 Budget
Amendment City Manager
lic hearing be set for
September 2. 2003 to con-
sider adoption 04of the Fiscal
Year eFdget
Amendment, upon on motion
Amendment,
received and {lied.
Michalski moved adoption
of Resolution No. Clerk 03
Directing the City
o
publish proposed amend-
ment to the Fiscal Year
2004 Budget and date of
public hearing with nubile
hearing set for 9/2/03 at a
meeting to commence blat
6:30 auditorium anin the d that
thelibrClerk publish
the City
notice in the manner pre-
scribed by law. Seconded
by Cline. Motion carried 7-
0.
BOARDS/COMMISSIONS'
Applicants are invited
nCounoo
address the
il
regarding their
following
e to
serve on
Boards/Commissions:
Sion
Housing term
(One Section 8 3-year
through 8/17/03 - term of
Plein; Three 3-year terms
through 8/17/06)
Applicants: John Plein
(Section 8), Dorothy
Culbertson, Jinn Holz, and
Danita Grant
Mr. Plein spoke request-
ing consideration for reap-
pointment.TV Cable
Teleprogramming
Commission (Two unex-
pired terms through
6/30/06; One 3-year term
through 6/30/06 - term
of
Tigges)
Jennifer Tigges No one
spoke.
Appointments to the fol-
lowing Boards /
Commissions:
Community Development
Advisory Commission (Two
vacancies from
w/
Moderate 2/15/04inc°Area
and
through 2/15105) Applicant: David
Oliver (Low/Moderate
Income Area). Oliver n
motion David
appointed to the
Community Development
Advisory Commission for a
term which will expire
2/i 5/05.
Housing Commission
(One unexpired 3-year
ye 8/17/05)r
term through
Applicant: Gina Bell. Upon
motion Gina Bell appointed
to the Housing
Commission for an unex-
pired �threcu-re�n� year term
otice of Claims/Suits:
Michael Francois for vehi-
cle damage; Dwane
Hingtgen for properly loss;
Lyle and Patricia Ott for
vehicle damage;
Teamsters Union #421 and
John Gotto vs City of
Dubuque, upon motion
referred to the Legal Staff
for investigation and
.report.
Corporation Counsel
advising that the following
claims have been referred
to Public Entity Risk
Services of Iowa, the agent
tor the Iowa Communities
Assurance Pool: Chris
Barnhart for vehicle dam-
age; Lisa Imbus for person-
-al injury, upon motion
received and filed and con-
curred.
Corporation Counsel rec-
ommending denial of the
claim of Mary Marcotte for
vehicle towing, upon
motion received and filed
and concurred.
Corporation Counsel rec-
omrnending settlement of
the claim of United Way
Services, Inc. for property
damage and directing
Finance Department it,
issue payment, upon
motion received and filed
and concurred and
Finance to issue payment.
Request to Purchase C€ty-
e-Owned Property: Request
of Bob Hartig, Oak Park
Place of Dubuque, LLC, to
purchase three parcels of
property located in the
Medical Associates Green
Belt, upon motion received
and filed and referred to
the City Manager.
Patricia Ann Drive/
_Subdivision:
Communication from Lloyd
S. Gudenkauf, Gudenkauf
Construction, requesting
that the City release his
bond, in the amount of
$13,500, for completion of
Patricia Ann Drive, upon
motion received and filed
and referred to the City
Manager.
Eagle Food Centers, Inc.:
An amended notification
from Eagle Food Centers,
Inc. pursuant to the Worker
Adjustment and Retraining
Notification Act, and
applicable State law and
advising that the company
has filed for Chapter 11
bankruptcy, upon motion
received and filed.
Police Department
Towing Contract: City
Manager recommending
approval fori renewal of the
towing contract with
Wenzel Towing, presented
and read.
Marie Steve questioned
I the bid -Letting specifics of
.-this and requested reeyalu-
ation of their bid.
Police Chief Kim Wadding s
spoke clarifying their
process of this towing con- I
tract.
After Council discussion
and direction to reevaluate, A
upon motion this matter v
was tabled. M
- Section 8 Management t
Assessment Program
(SEMAP): City Manager 0
advising that the City of In
Dubuque Housing m
Department has been des- a
ignated a 'High C
Performing" housing A
authority by the U.S. te
Department of Housing 2/
and Urban Development,
with a rating score of (0
100%, upon motion te
received and filed. A
Establishment of Fair m
Market Value on U.S. 20 to
Properties: City Manager Co
recommending approval of pi
the establishment of fair thr values of three
parcels of property needed (On
as right-of-way for the pro- 7/3
posed U.S. 20 traffic flow Ap
improvement project, upon Up
motion received and filed. Be
Buol moved adoption of thre
Resolution No. 255-03 exp
Establishing fair market
value for the acquisition of C
certain real property Qua
.owned by Center Grove Cze
Methodist Episcopal Cha
Cemetery Association in Con
the City of Dubuque, Iowa; Bur
Resolution No. 256-03 sante
Establishing fair market Rep
value for the acquisition of repo
certain real property filed.
owned by WCB Hotels, M
Inc. in the City of Dubuque, cont
,Iowa; and Resolution No. May
257-03 Establishing fair left t
market value for the acqui- bie c
sition of certain real prop- Upo
erty owned by CNL item
Funding 2000-A., L.P. in table
the City of bubuque, Iowa. (Tabi
Seconded by Michalski. Com
Motion carried 7-0. Kenn
Grand River Center - reque
'Temporary Meeting Room place
Names: City Manager rec- Coun
ommending that the tem- eratio
porary names for meeting from
rooms at the Grand River repres
Center, which were Devel
apti
Juunpe 2, 2003, be revised to rroved by Council on egard
be consistent with industry for re
standards for conference locate
'and convention facilities, Drive,
und North
filednand motion
appro edvrecam- AG Ag
rnendation. C-3; C
Business Licenses: Buol Mark L
moved adoption of the QH
Resolution No. 258-03 and p
Granting the issuance of from
two renewal permits to sell meetin
,cigarettes and cigarette amendi
Hamemo Hammerheadsrs within
the
Barr and to Cityina
Awn Stop Mart; Resolution Ordinan
No. 259-03 Granting the ing her
issuance of one new permit property
to sell cigarettes and ciga- Holliday
rette papers within the City Northw
to the Eagles Club; .AG Agri
publish notice in the
ner prescribed by
Seconded by Cline.
carried 7-0.
Eagle Valley Subdi
Sanitary Sewer Exte
Project - initiate:
Manager recomme
initiation of the bi
process for the
Valley Subdivision Se
Sewer Installation P
and that a public h
be set for August 18,
upon motion receive
filed. Michalski m
adoption of Resolutio
263-03 Prelim
approval of plans
specifications; Res°
No. 264-03 Fixing d
hearing on plans and
ifications for 8/18/03
meeting to commen
6:30 P.M. in the p
library auditorium and
the City Clerk pu
notice in the manner
scribed by law
Resolution No. 26
Ordering bids. Seco
by Cline. Motion carri
0.
Fiscal Year 2004 Bu
Amendment: City Ma
recornrnendlno the'
lic hearing be set
September 2, 2003 to
sider adoption of the F
Year 2004 Bu
Amendment, upon m
received and
Michalski moved ado
of Resolution No. 26
Directing the City Ole
publish proposed am
ment to the Fiscal
2004 Budget and dat
public hearing with p
hearing set for 9/2/03
meeting to comment
6:30 P.M. in the p
library auditorium and
the City Clerk pu
notice in the manner
scribed by law. Secon
by Cline. Motion carrie
0.
BOARDS/COMMISSIO
Applicants are invite
address the Cou
regarding their desire
serve on the follow
Boards/Commissions:
Housing Commis
(One Section 8 3-year t
through 8/17/03 - term
Plein; Three 3-year te
through 8/17/06)
Applicants: John P
(Section 8), ❑oro
Culbertson, Jim Holz,
Danita Grant
Mr. Plein spoke regu
ing consideration for re
pointment.
TV Ca
Teleprogrammi
Commission (Two un
pired terms Ihro
6/30/06; One 3-year te
through 6/30/06 - term
Tigges) Applica
eflnifer Tigges No 0
poke.
Appointments to the fol-
owing Boards /
ommissions:
Community Development
dvisory Commission (Two
acancies from Low/
oderate Income Area
hrough 2/15/04 ' and
2/15/05) Applicant: David
fiver (Low/Moderate
come Area). Upon
otion David Oliver;
ppointed to the
ommunity Development
dvisory Commission for a
rm which will expire
15/05.
Housing Commission
ne unexpired 3-year
rm through 8/17/05)
plicant: Gina Bell. Upon
otion Gina Bell appointed
the Housing
mmission for an unex-
edrthree year term
rough 8/17/05.
Transit Board of Trustees
e 3-year term through
0/06 - term of Bemis)
plicant: Harry J. Bemis.
on motion Harry J.
mis reappointed to a
e year term which will
ire 7/30/06.
ACTION ITEMS
onvention and Visitors
rterly Report: Sue
shinski, Dubuque Area
mber of Commerce -
vention and Visitors
eau, spoke and pre-
d the OVB Quarterly
ort. Upon motion the
rt was received and
ayor Duggan turned
rol of the meeting to
or Pro-Tem Cline and
he room due to possi-
onflict of interest.
n motion the following
was removed from the
QHQ Rezoning
ed on June 2, 2003):
municatlon from
eth L. Buesing
sting that this item be
d back onto the City
cif agenda for consid--
n; Communication;
L. Buesing,,
ening QHQ
opment, submitting
onal information
ing the QHQ request
zoning of property
d south on Holliday
west of the
west Arterial, from
riculturaf District to
ommunication from'
ockwood regarding
Q rezoning request
roviding an update
the neighborhood •
g, and an Ordinance
ng Appendix A the
Ordinance) of the
Dubuque Code of
ces by reclassify-
einafter described
located south of
Drive, west of the
est Arterial, from
cultural District to
man -
law.
Motion
vision
mien
City
nding
dding
Eagle
nitary
roject
earing
2003,
d and
oved
nNo. '
inary
and
lution
ate of
spec -
at a
ce at
ub€ic
that
blish
pre -
and
5-03
nded
ed 7-
dget
nager
pnh-
for
con-
iscal
dget
otion
filed.
ption
6-03
rk to
end -
Year
e of
ublic
at a
e at
ublic
that
blish
pre-
ded
d7
NS'
d to
ncil
to
ing
sion
erm
of
rms
lein
thy
and
est-
ap-
ble
ng
ex -
ugh
rm
of
nt:
ne
C-3 General Commercial
zoning district, with condi-
tions, presented and read.
Ken Buesing of Buesing
Associates, Inc. spoke and
stated that though directed
by Council to compromise
with the objecting neigh-
bors on this rezoning mat-
ter, that they had not been
able to come to any satis-
factory conclusion. He
also stated that they would
increase the buffer zone to
75 feet which would
decrease the number of
necessary Council votes
for the rezoning. That
buffer zone would be made
up of native grasses and
would not have an access
road to Samantha Dr.
John Jungbluth, 4911
Twilight Dr., spoke clarify-
ing the sequence of
events, objected to the
proposed rezoning and
objected to being left out of
discussions with Mr.
Buesing and Dr.
Quagliano.
Council discussed the
original . comprehensive
plan and its original and
changing focus.
Markham moved to table
this matter. Seconded by
Michalski. Carried by the
following vote: Yeas—
Buol, Cline, Connors,
Markham, Michalski.
Nays —Nicholson.
Mayor Duggan returned
end took control of the
meeting.
Eagle Valley Subdivision:
City Manager recommend-
ing approval of assistance,
with guarantees, to Fondell
Excavating, Inc. to facili-
tate development of Eagle
Valley Subdivision, which
is a new subdivision of
affordable owner -occupied
housing along Roosevelt
Road, upon motion
received and filed and
approved recommenda-
tion.
The following was pulled
from the Agenda: Final
Plat - Eagle Valley
Subdivision: City Manager
recommending approval of
the final plat of Eagle Valley
Subdivision located along
Roosevelt Road and a
Resolution approving final
plat of Lots 1-2, inclusive,
of Block 1, Lots 1-27,
inclusive of Block 2, Lots
1-13, inclusive, of Block 3,
Lots 1-13, inclusive, of
Biock 4, Lots 1-21, inclu-
sive, of Block 6, Lots 1-10,
inclusive, of Block 7, and
Lots A -I, inclusive, all of
Eagle Valley Subdivision.
Historic District Public
Improvement Program:
Communication from the
Historic Preservation
Commission requesting
that the HDPIP applica-
tions be approved as rec-
ommended by the
Commission, and that the
$139,450 in Fiscal Year
2003 funding be restored
to the Historic District
Public Improvement
Program; communication
from Doug Stillings,
President of the Downtown
Neighborhood Council,
requesting Council
approval of their two pro-
posed Historic District
Public Improvement
Program projects, without
funding and communica-
tion from David A. Cox,
Treasurer of the Historic
Bluffs Neighborhood
Association, requesting
Council approval of their
historic lighting project
along Loras Boulevard,
without funding, upon
motion received and filed
the communications and
approved the projects sub-
mitted for consideration
through the Historic
District Public
Improvement Program,
without funding.
Sidewalk Cafe Ordinance:
City Manager recommend-
ing approval of a change to
the Sidewalk Cafe
Ordinance to include a def-
inition of a sidewalk cafe,
upon motion received and
filed. Ordinance No. 60-03
Amending Chapter 41
Streets, Sidewalks and
Other Public Places,
Division 6 Sidewalk Cafes
by adding a new Section
41-179 Sidewalk Cafe
Defined; and by amending
Section 41-180(c.)
Authorizing sidewalk cafes
for only restaurants or retail
businesses where more
than fifty percent (50%) of
the business conducted on
the premises is the safe or
dispensing of food or retail
items, presented and read.
Buol moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Markham.
Motion carried 7-0.
Conversion of Apartment
Buildings to
Condominiums: City
Manager recommending
approval of an amendment
to Chapter 11 (Building
Regulations) of the City's
Code of Ordinances to reg-
ulate the conversion of
apartment buildings into
condominiums and provid-
ing for fees for site and
building inspections relat-
ed to the conversion, upon
motion received and. filed.
Ordinance No. 61-03
Amending the City of
Dubuque Code of
Ordinances Chapter 11,
Buildings and Building
Regulations, by adopting a
new Article V
Condominium Conversions
requiring that an existing
structure shall not be con-
verted to a horizontal prop-
erty regime unless the con-
verted structure meets
Building Code require-
ments and providing , the
procedure for the issuance
of a Certificate of
Compliance, 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 meet-
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Buol moved adoption of
Resolution No. 267-03
Adopting fees for conver-
sion of existing structures
used for human habitation
to horizontal property
regimes (condominiums).
Seconded by Nicholson.
Motion carried 7-0.
Amending the Electrical
Ordinance, Heating and
Ventilating Ordinance, and
the Plumbing Ordinance;
City Manager recommend-
ing approval of three ordi-
nances to increase the
electrical license fees;
mechanical license fees;
and plumbing license fees
as approved as part of the
recent Fiscal Year 21
budget amendment, of
motion received and €€1
Ordinance No. 62.
Amending the City
Dubuque Code
Ordinances, Section 18
Article 83-7, Table 13
Electrical Examinatii
License and Registrati
Fees; Ordinance No. E
03 Amending the City
Dubuque Code
Ordinances, Section 24.
Article 308, Table 3
Mechanical Examinatic
Registration and Certifies
of Competency Fees; ai
Ordinance No. 64-4
Amending the City
Dubuque Code
Ordinances Section 37-
Table 20-B, Plumbir
Examination, License ar
Registration Fees, presen
ed and read. Markha
moved that the requie
ment that the propose
Ordinances be considere
and voted on for passag
at two Council Meeting
prior to the meeting s
which they are to be final)
passed he suspended ant
further moved final consid
eration and passage of th.
Ordinances. Seconded b:
Nicholson. Motion carr€ei
7-0.
PUBLIC INPUT
Rhodes {Bud) Isenhart
8968 Quail Ridge Rod
spoke about TiF fendinc
and requested an annua
rci the
contract with
Towing, presented
Steve questioned
letting specifics of
requested reeve:u-
their bid.
hief Kim Wadding
clarifying their
of this towing con-
cuncil discussion
ion to reevaluate,
otion this matter
d.
n 8 Management
ent Program
City Manager
that the City of
Housing
nt has been des -
a 'High
g" housing
by the U.S.
nt of Housing
n Development,
ating score of
upon motion
d filed.
shment of Fair
:lue on U.S. 20
City Manager
ding approval of
lishment of fair
alues of three
property needed
way for the pro-
, 20 traffic flow
nt project, upon
eived and filed.
d adoption of
No. 255-03
g fair market
e acquisition of
eal property
Center Grove
Episcopal
Association in
.ubuque, Iowa;
No. 250-03
fair market
acquisition of
al property
WCB Hotels,
ity of Dubuque,
esolution No.
ablishing fair
for the acqui-
in real prop-
d by CNL
�0-A., L.P. in
ubuque, Iowa.
by Michalski.
d 7-0.
iver Center -
eeting Room
Manager roc -
that the tem-
s for meeting
Grand River
hich were
Council on
be revised to
with industry
r conference
ion facilities,
received and
roved recom-
enses: Buol
option of
o. 258-03
issuance of
errnits to sell
d cigarette
the City to
Bar and
; Resolution
ranting the
e new permit
es and ciga-
ithin the City
!les Club;,
TV Cable
Toleprogramming
Commission (Two unex-
pired terms through
6/30/06; One 3-year term
through 6/30/06 - term of
Tigges) Applicant:
Jennifer Tigges No one
spoke.
Appointments to the fol-
lowing Boards /
Commissions:
Community Development
Advisory Commission (Two
vacancies from Low/
Moderate Income Area
through 2/15/04 • and
2/15/05) Applicant: David
Oliver (Low/Moderate
Income Area). Upon
motion David Oliver;
appointed to the
Community Development
Advisory Commission for a
term which will expire
2/15/05.
Housing Commission
(One unexpired 3-year
term through 8/17/05)
Applicant: Gina Bell. Upon
motion Gina Bell appointed
to the Housing
Commission for an unex-
pired three year term
through 8/17/05.
Transit Board of Trustees'
{One 3-year term through
7/30/06 - term of Bemis)
Applicant: Harry J. Bemis.
Upon motion Harry J.
Bemis reappointed to a
three year term which will
expire 7/30/06.
ACTION ITEMS
Convention and Visitors
Quarterly Report: Sue
Czeshinski, Dubuque Area
Chamber of Commerce -
Convention and Visitors
Bureau, spoke and pre-
sented the CVB Quarterly
Report. Upon motion the
report was received and
filed.
Mayor Duggan turned
control of the meeting to
Mayor Pro -Tern Cline and
left the room due to possi-
ble conflict of interest.
Upon motion the following
item was removed from the
table: QHQ Rezoning
(Tabled on June 2, 2003):
Communication from
Kenneth L. Buesing
requesting that this item be
placed back onto the City
Council agenda for consid-
eration; Communication;
from Kenneth L. Buesing,
representing QHQ
Development, submitting
additional information
regarding the QHQ request
for rezoning of property
located south on Holiday
Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3; Communication from
Mark Lockwood regarding
the
OHO
rezoning request
and providing an update
from the neighborhood '
meeting, and an Ordinance
amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located south of
Holliday Drive, west of the
Northwest Arterial, from
AG Agricultural District to
C-3 General Commercial
zoning district, with condi-
tions, presented and read.
Ken Buesing of Buesing
Associates, Inc. spoke and
stated that though directed
by Council to compromise
with the objecting neigh-
bors on this rezoning mat-
ter, that they had not been
able to come to any satis-
factory conclusion. He
also stated that they would
increase the buffer zone to
75 feet which would
decrease the number of
necessary Council votes
for the rezoning. That
buffer zone would be made
up of native grasses and
would not have an access
road to Samantha Dr.
John Jungbluth, 4911
Twilight Dr., spoke clarify-
ing the sequence of
events, objected to the
proposed rezoning and
objected to being left out of
discussions with Mr.
Buesing and Dr.
Quagliano.
Council discussed the
original comprehensive
plan and its original and
changing focus.
Markham moved to table
this matter. Seconded by
Michalski. Carried by the
following vote: Yeas—
Buol, Cline, Connors,
Markham, Michalski.
Nays —Nicholson,
Mayor Duggan returned
and took control of the
meeting.
Eagle Valley Subdivision:
City Manager recommend-
ing approval of assistance,
with guarantees, to Fondell
Excavating, Inc. to facili-
tate development of Eagle
Valley Subdivision, which
is a new subdivision of
affordable owner -occupied
housing along Roosevelt
Road, upon motion
received and filed and
approved recommenda-
tion.
The following was pulled
from the Agenda: Final
Plat - Eagle Valley
Subdivision: City Manager
recommending approval of
the final plat of Eagle Valley
Subdivision located along
Roosevelt Road and a
Resolution approving final
plat of Lots 1-2, inclusive,
of Block 1, Lots 1-27,
inclusive of Block 2, Lots
1-13, inclusive, of Block 3,
Lots 1-13, inclusive, of
Block 4, Lots 1-21, inclu-
sive, of Block 6, Lots 1-10,
inclusive, of Block 7, and
Lots A -I, inclusive, all of
Eagle Valley Subdivision.
Historic District Public
Improvement Program:
Communication from the
Historic Preservation
Commission requesting
that the HDPIP applica-
tions be approved as rec-
ommended by the
Commission, and that the
$139,450 in Fiscal Year
2003 funding be restored
to the Historic District
Public Improvement
Program; communication
from Doug Stillings,
President of the Downtown
Neighborhood Council,
requesting Council
approval of their two pro-
posed Historic District
Public Improvement
Program projects, without
funding and communica-
tion from David A. Cox,
Treasurer of the Historic
Bluffs Neighborhood
Association, requesting
Council approval of their
historic lighting project
along Loras Boulevard,
without funding, upon
motion received and filed
the communications and
approved the projects sub-
mitted for consideration
through the Historic
District Public
Improvement Program,
without funding.
Sidewalk Cafe Ordinance:
City Manager recommend-
ing approval of a change to
the Sidewalk Cafe
Ordinance to include a def-
inition of a sidewalk cafe,
upon motion received and
filed. Ordinance No. 60-03
Amending Chapter 41
Streets, Sidewalks and
Other Public Places,
Division 6 Sidewalk Cafes
by adding a new Section
41-179 Sidewalk Cafe
Defined; and by amending
Section 41-1800)
Authorizing sidewalk cafes
for only restaurants or retail
businesses where more
than fifty percent (50%) of
the business conducted on
the premises is the sale or
dispensing of food or retail
items, presented and read.
Buol moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Markham.
Motion carried 7-0.
Conversion of Apartment
Buildings to
Condominiums: City
Manager recommending
approval of an amendment
to Chapter 11 (Building
Regulations) of the City's
Code of Ordinances to reg-
ulate the conversion of
apartment buildings into
condominiums and provid-
ing for fees for site and
building inspections relat-
ed to the conversion, upon
motion received and filed.
Ordinance No. 61-03
Amending the City of
Dubuque Code of
Ordinances Chapter 11,
Buildings and Building
Regulations, by adopting a
new Article V
Condominium Conversions
requiring that an existing
structure shall not be con-
verted to a horizontal prop-
erty regime unless the con-
verted structure meets
Building Code require-
ments and • providing ' the
procedure for the issuance
of a Certificate of
Compliance, 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 meet-
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0.
Buol moved adoption of
Resolution No. 267-03
Adopting fees for conver-
sion of existing structures
used for human habitation
to horizontal property
regimes (condominiums).
Seconded by Nicholson.
Motion carried 7-0.
Amending the Electrical
Ordinance, Heating and
Ventilating Ordinance, and
the Plumbing Ordinance:
City Manager recommend-
ing approval of three ordi-
nances to increase the
electrical license fees;
mechanical license fees;
and plumbing license fees
as approved as part of the
recent Fiscal Year 2004
budget amendment, upon
motion received and filed.
Ordinance No. 62-03
Amending the City of
Dubuque Code of
Ordinances, Section 18-2,
Article 83-7, Table 13-B
Electrical Examination,
License and Registration
Fees; Ordinance No. 63-
03 Amending the City of
Dubuque Code of
Ordinances, Section 24-2,
Article 308, Table 3-8
Mechanical Examination,
Registration and Certificate
of Competency Fees; and
Ordinance No. 64-03
Amending the City of
Dubuque Code of
Ordinances Section 37-2,
Table 20-B, Plumbing
Examination, License and
Registration Fees, present-
ed and read. Markham
moved that the require-
ment that the proposed
Ordinances be considered
and voted on for passage
at two Council Meetings
prior to the meeting at
which they are to be finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinances. Seconded by
Nicholson. Motion carried
7-0.
PUBLIC INPUT
Rhodes (Bud) Isenhart,
8968 Quail Ridge Rod,
spoke about TIF funding
and requested an annual
accounting of jobs created
and how loans are repaid.
City Manager Van Milligen
spoke of the great number
of jobs created and the for-
mation of a positive future
tax base.
Marvin Nye of Peosta, IA
spoke introducing himself
and informing them of his
new ambulance transfer
business.
There being no further
business, upon motion the
meeting adjourned at 8:41
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
'It 8/13
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: August 13, 2003, and for which the charge is $181.06.
Subscribed to before me, a Notary Public in and for Dubu ue County, Iowa,
this day of 20 O .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB.1, 2005