Proof Council Minutes 8 18 03
City Council Regu ar
! Session, August 38; 2003
Cour~Cjl met in Beguar
Ubrary Auditorium
Session at 6:30 P.M. in the
Present: Mayor Pro Tern
Cline, Council Members
Buol, Connors, Markham,
Micharsld, Nichelson, City
I Manager Michae Van
i Milligen~ Corporation
Counsel Se/fy Lindah[.
Absent: Mayor Duagan
[nvoca6on was gi~/en by
Sister Rosalyn Ulfers
PBVM, Chaplain Mercy
Medical Center.
Dubuque Day (August 23,
12003) received by Mike
Martin and representatives
of the Customer Biders
and Bcycle Club of
Dubuque.
CONSENT D~MS
Minutes and Repor[s
Submitted: City Council of
8/4 and 8/11; Community
i Development Advisory
Commission of 6/25;
Oow~own Planning
Rags Commission of 6/16;
In~eStmeet Oversight
Advisory Commissio~ of
7/24; Joint City County
Planning Comm~ee of ,
7/23; Zoning
Commission of 7/2:
Board of Adjustment
7/24, upon motion
I Proof of bubtjca60n of
Council Proceedings of
July 21, 2003 and July 28;
2003; upon mot on
rece red and filed.
Printed Council
~d filed and
approved as pdnted. ,
ting the FinancieJ Repor[s
referred to the Legal Staff
for investigation and
Duwene Hingtgen for
I stolen property has been
i Corporation Counsel rec-
Vehicle damage
received and ~iled and con~
damage and
upon
curred and directed
Finance Director to .issue
proper check~
Forest
#2:
approval of
of Lots ·
#2 at
re~uest of Jim Gantz upon
;motion receved and filed.
Buo] moved
Resolution
of Forest
Subdivision ~Y2 in
County, Iowa.
by Markham.
Motion carried 6-0.
; Cedar Ridge Farms Place
#4: Communication from
acceptance of Cedar
Farm Place #4
1-7, with
improvements, in
ResOlution NO
8),
the
Rest Roon
Project as
S & S
the final
amount o~
Suol
r~oved adoption of
Resolution No. 266.03
: they ha~e denied
annexation
~a~eviIle, upon motion
at 105
[fie City
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, ~' a Billing Clerk for Woodward Communications, I
publisher of the Telegraph Herald,a newspaper of gener~
corporation, of Dubuque, County of Dubuque and State of I
published in the City
certify that the attached notice was published in said newspaper on *J
dates: August 27, 2003, and for which the charge is $244.77.
lbed to before me, a Notary Public in and for Dubuque Cmr
Subscr' ~ '/D ~ ,20 ~ ·
this c~5~4 day ot~
v,VLIL
City Development Board:
Notification from the City
Development Board advis-
ing that they have dBnied
the voluntary annexation
request of the City of
Sageville, upon motion
received and filed.
Request to Purchase City -
Owned Property:
Communication from
Michelle Kenline, 105
South Grandview Avenue,
requesting to purchase a
portion of a City alley abut-
ting her property at 105
South Grandview, upon
motion received and filed
and referred to the City
Manager.
Utility Franchise Fee:
Communication from City
Manager Michael C. Van
Milligen to Joseph Ertl
regarding the City of
Dubuque's utility franchise
fee, upon motion received
and filed.
Collective Bargaining
Agreement - Amalgamated
Transit Union: City
Manager recommending
approval of the collective
bargaining agreement
between the City of
Dubuque and the
Amalgamated Transit
Union, Local #329, effec-
tive July 1, 2003, upon
motion received and filed.
Buol moved adoption of
Resolution No. 271-03
Approving the agreement
between the City of
Dubuque, Iowa, and the
Amalgamated Transit
Union, Local #329.
Seconded by Markham.
Motion carried 6-0.
Amendment to Collective
Bargaining Agreement -
International Union of
Operating Engineers: City
Manager recommending
approval of an amendment
to the collective bargaining
agreement between the
City and the International
Union of Operating
Engineers, upon motion
received and filed and
approved recommenda-
tion.
Quarterly Investment
Report: City Manager sub-
mitting the Quarterly
Investment Report for the
period ending June 30,
2003, upon motion
received and filed.
industrial Sewer Use
Agreements: City Manager
recommending approval of
Sewer Use Agreements
with Rousselot (Sanofi Bio
Industries), Swiss Valley
Farms and Inland Protein
Corporation for a period of
four years, upon motion
received and filed and
approved recommenda-
tion.
Section 8 Program
Recognition: City Manager
advising that HUD has
recently recognized the
Housing Department
Section 8 Rental
Assistance Program with
two certificates of achieve-
ment, upon motion
received and filed.
Local Law Enforcement
Block Grant Application:
City Manager recommend-
ing endorsement of the
2003 Local Law
Enforcement Block Grant
application in the amount
of $21,651 and approval of
a Police Department bud-
get amendment to fund the
cash match in the amount
of $2,406, upon motion
received and filed and
approved recommenda-
tion.
Temporary Remote Bus
Parking: City Manager rec-
ommending approval to
blacktop a connecting dri-
vacate an alley southwest
of West Fifth Street, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 275-03
Approving plat of proposed
vacated alley southwest of
West Fifth Street.
Seconded by Connors.
Motion carried 6-0.
Ordinance No. 65-03
Vacating the alley south-
west of West Fifth Street,
presented and read.
Michalski moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at twa 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 Connors.
Motion carried 6-0.
Michalski moved adoption
of Resolution No. 276-03
Of Intent to dispose of City
interest in Lot 6A of Finley
Home Addition in the City
of Dubuque, Iowa and fur-
ther set this for public hear-
ing on 9/2/03 at a meeting
to commence at 6:30 P.M.
at the Public Library and
that the City Clerk publish
notice in the manner pre-
scribed by law. Seconded
by Connors. Motion car-
ried 6-0.
In -Line Skate Rink Project
- initiate: City Manager
recommending initiation of
the bidding process for the
In -Line Skate Rink Project
and that a public hearing
be set for September 15,
2003, upon motion
received and filed.
Michalski moved adoption
of Resolution No. 277-03
Preliminary approval of
plans and specifications;
Resolution No. 278-03
Fixing date of public hear-
ing on plans and specifica-
tions for 9/15/03 at a meet-
ing to commence at 6:30
P.M. in the Public Library
Auditorium and direct the
City Clerk to publish notice
in the manner prescribed
by law and Resolution No.
279-03 Ordering bids.
Seconded by Connors.
Motion carried 6-0.
Voluntary Annexation:
City Manager recommend-
ing that a public hearing be
set for December 1, 2003
to consider the voluntary
annexation of property in
Dubuque County, upon
motion received and filed.
Michalski moved adoption
of Resolution No. 280-03
Approving Annexation
Agreement for the
Annexation of Territory and
Setting a Public Hearing on
the Annexation of such
Territory for 12/1/03 at a
meeting to commence . at
6:30 P.M. in the Public
Library Auditorium and that
the City Clerk publish
notice in the manner pre-
scribed by law. Seconded
by Connors. Motion carried
6-0.
University Avenue
Reconstruction Project -
Initiate: City Manager rec-
ommending initiation of the
bidding process for the
University Avenue
Reconstruction Project and
that a public hearing be set
for September 15, 2003,
upon motion received and
filed. Michalski moved
adoption of Resolution No.
281-03 Preliminary
approval of plans and
specifications; Resolution
No, 282-03 Fixing date of
hearing on plans and spec-
ifications; Resolution No.
283-03 Resolution of
preliminary plat of
Westbrook Subdivision
located in Dubuque County
as requested by Joel
Callahan, upon motion
received and filed.
Buol moved adoption of
Resolution No. 287-03
Approving application for
voluntary annexation of
territory owned by
Callahan Construction, Inc.
Seconded by Connors.
Motion carried 6-0.
Ordinance No. 66-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property ,located along
Seippel Road from
Dubuque County R-2
Single -Family Residential
Dist alit to City of Dubuque
R-2 Two -Family
Residential and CS
Commercial Service and
Wholesale District, concur-
rent with annexation, pre-
sented 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 finally
passed be suspended and
further moved final consid-
eration and passage of the
Ordinance. Seconded by
Connors. Motion carried
6-0.
Kivlahan Farms LLC -
Request to Rezone: Proof
of publication on notice of
hearing to consider rezon-
ing property located at the
intersection of West 32nd
Street and John F.
Kennedy Road from R-3
Moderate Density Multi -
Family Residential District
to C-2 Neighborhood
Shopping Center District at
the request of Kivlahan
Farms LLC and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Dave Frommelt, repre-
senting the Kivlahans,
spoke requesting adoption
of the Ordinance.
Ordinance No. 67-03
Amending Appendix A (the
.Zon:,Ig Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at the
intersection of West 32nd
Street and Honeysuckle
Lane from R-3 Moderate
Density Multi -Family
Residential District to C-2
Neighborhood Shopping
Center District, 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 Connors.
Motion carried 6-0.
Wilmac Property
Company - Request for
Conditional Use: Proof of
publication on notice of
hearing to consider allow-
ing residential use as a
conditional use in an HI
Heavy Industrial District at
the request of Tim
McNamara/Wilmac
Property Company, and
City Manager recommend-
ing approval, upon motion
received and filed.
Ordinance No. 68-03
Amending Section 3-4.2(0)
of the City of Dubuque
Code of Ordinances by
passage at two Council
Meetings prior to the meet-
ing at which it is to be final-
ly passed be suspended
• and further rnoved final
consideration and passage
of the Ordinance.
Seconded by Connors.
Motion carried 6-0.
Text Amendment - City of
• Dubuque: Proof of publi-
cat)on on notice of hearing
to consider amending the
•ode of Ordinances
Section 4-4.2(B)
Application and Site Plan
Review and Approval at the
request of the City of
Dubuque and Zoning
• Advisory Commission rec-
ommending approval,
upon motion received and
, filed. Ordinance No. 69-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances Section 4-
4.2(B) Application and
Scope of Site Ptan Review
' and Approval by adding a
• new paragraph requiring
•J installation and completion
of site plan requirements
prior to the issuance of
occupancy permits, pre-
sented and read. Michalski
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 finally
passed be suspended and
further moved final consid-
eration and passage of the
• Ordinance. Seconded by
Markham. Motion carried
6-0.
General Obligation Bond
Sale to Support
Storrnwater Projects: Proof
of publication on notice of
hearing to consider the
proposition of selling not to
exceed $2,110,000 in
General Obligation Bonds
(for an essential corporate
purpose) to support
stormwater projects and
City Manager recommend-
ing approval, upon motion
received and flied.
Markham moved adoption
of Resolution No. 288-03
Instituting proceedings to
take additional action for
the issuance of not to
exceed $2,110,000
General Obligation Bonds
and Resolution No. 289-03
Directing the advertise-
ment for sale of $2,110,000
General Obligation Bonds,
Series 2003. Seconded by
Connors. Motion carried
6-0. "
Eagle Valley Subdivision
Sanitary Sewer Extension
Project: Proofs of publica-
tion on notice of hearing on
plans and specifications
and notice to bidders on
the receipt of bids, and
City Manager recommend-
ing award of the contract
to Fondell Excavating for
the Eagle Valley
Subdivision Sanitary Sewer
Installation Project, upon
motion received and filed.
Markham moved adoption
of Resolution No. 290-03
Adopting plans and speci-
fications for the project and
Resolution No. 291-03
Awarding contract to
Fondell Excavating, Inc.
Seconded by Michalski.
Motion carried 6-0.
Port of Dubuque Building
Demolition and Site
Clearance Project: Proofs
of publication on notice of
hearing on plans and spec-
ifications and notice to bid-
ders on the receipt of bids,
and City Manager recom-
mending adoption of the
plans and specifications
and that award of the con -
moved adoption of
Resolution No. 292-03
Adopting plans and speci-
fications for the project.
Seconded by Connors.
Motion carried 6-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
T Corp Request:
Communication from Ed
Tschiggfrie, T Corp,
requesting to address the
Council regarding the
development of 93 acres of
property on Rockdale
Road, upon motion
received and filed.
Mr. Tschiggfrie explained
that he had planned to
develop the ninety-three
acres of property on
Rockdale Road with two
access roads; however,
one access was removed
by a previous action of the
City Councii. At this time,
he was requesting
approval to continue with
development of the prop-
erty with one access only.
After Council discussion,
Nicholson moved to
receive and file the com-
munication and approve
the one access to the
development. Seconded
by Markham. Motion car-
ried 6-0. Staff was direct-
ed to look at the possibility
of obtaining an emergency
access to the area if neces-
sEagle Valley Subdivision -
Final Plat: City Manager
recommending approval of
the final plat of Eagle Valley
Subdivision located along
Roosevelt Road, upon
motion received and filed.
Buol moved adoption of
Resolution No. 293-03
Approving final plat of Lots
1-2, inclusive, of Block 1,
Lots 1-27, inclusive of
Block 2, Lots 1-13, 'Inclu-
sive, of Block 3, Lots 1-13,
inclusive, of Block 4, Lots
1-21, inclusive, of Block 6,
Lots 1-10, inclusive, of
Block 7, and Lots A -I,
inclusive, all of Eagle Valley
Subdivision. Seconded by
Connors. Motion carried
6-0.
No . Parking Area -
Thirtieth Street: City
Manager recommending
approval of the elimination
of the "no parking" area on
the north side of Thirtieth
Street from Central Avenue
to a point 334 feet east of
Jackson Street, upon
motion received and filed.
Ordinance No. 70-03
Amending Section 32-
262(d) of the Code of
Ordinances of the City of
Dubuque, Iowa providing
for parking by deleting cer-
tain portions of Thirtieth
Street, 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 Connors.
Motion carried 6-0.
Bee Branch Citizen
Advisory Committee: City
Manager recommending
approval of the proposed
roster of the Bee Branch
Citizen Advisory
Committee {BBCAC) for
the Bee Branch Creek
Restoration Alignment
Study, upon motion
received and filed and
approved recommenda-
tion.
Shepherd Company -
forgivable loan to the Iowa
Department of Economic
Development on behalf of
Shepherd Incorporated,
upon motion received and
filed.
Dirk Voetberg of the
Shepherd Company stated
he would answer any ques-
tions.
Markham moved adop-
tion of Resolution No. 294-
03 Authorizing the filing of
a Community Economic
Betterment Account
(CEBA) application on
behalf of Shepherd,
Incorporated. Seconded
by Michalski. Motion car-
ried 6-0. .
Port of Dubuque Street
Improvements: City
Manager recommending
approval of street improve-
ments in the Port of
Dubuque area, upon
motion received and filed
and approved recommen-
dation. Michalski stressed
that there would need to be
clear signage in the area.
Nicholson stated he felt the
walking path should be
over the railroad tracks and
that the viaduct be open to
vehicular traffic.
COUNCIL_ MEMBERS
REPORTS
Michalski requested a
communication to St.
Joseph the Worker Church
showing support with their
recent arson fire damages.
Nicholson shared that he
and Mrs. Connors were on
the Barge Tour and others
on the tour were impressed
with the development on
the riverfront. Cline shared
the disappointment that no
one welcomed the passen-
gers on the Delta Queen to
Dubuque.
PUBLIC INPUT
At 8:14 P.M. upon motion
it was resolved to go into
Closed Session re:
Property Acquisition -
Chapter 21.5(1)(j) 2001
Code of Iowa.
At 8:32 P.M. Council
reconvened regular ses-
sion stating Staff had been
given proper direction.
There being no further
business, upon motion
meeting adjourned at 8:34
P.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
it 8/27
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 27, 2003, and for which the charge is $244.77.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this c2?f� day of Geo , 20 e, 3 .
Notary Public in and for Dubuque County, Iowa.
if.CARY K. WESiTERMEYER
° - Commission Number 154885
My Comm, Exp. FEB. 1, 2005
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular
Session, August 18, 2003
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Pro-Tem
Cline, Council Members
Buol, Connors, Markham,
Michalski, Nicholson, City
Manager Michael Van
Mil!igen, Corporation
Counsel Barry Lindahl.
Absent: Mayor Duggan
Invocation was given by
Sister Rosalyn Ulfers,
PBVM, Chaplain, Mercy
Medical Center.
Proclamation: Tour de
Dubuque Day (August 23,
2003) received by Mike
Martin and representatives
of the Customer Riders
and Bicycle Club of
Dubuque.
CONSENT ITEMS
Minutes and Reports
Submitted: City Council of
8/4 and 8/11; Community
Development Advisory
Commission of 6/25;
Downtown Planning
Committee of 7/14; Five
Flags Commission of 6/16;
Investment Oversight
Advisory Commission. of
7/24; Joint City County
Planning Committee of
7/23; Zoning Advisory
Commission of 7/2; Zoning
Board of Adjustment of
7/24, upon motion
received and filed. -
Proof of publication of
Council Proceedings of
July 21, 2003 and July 28,
2003, upon motion
received and filed.
Printed Council
Proceedings for June,
2003, upon motion
received and flied and
approved as printed.
Finance Director submit-
ting the Financial Reports
for the month ending July
31, 2003, upon motion
received and filed.
Investment Oversight
Commission submitting
the 41st Quarterly Report,
upon motion received and
tiled.
Notice, of Claims/Suits:
Gerald Brimeyer for vehicle
damage; Bernice L.
Petersen for personal
injury, upon motion
referred to the Legal Staff
for investigation and
report.
Corporation Counsel
advising that the claim of
Duwane Hingtgen for
stolen property has been
referred to the Clerk of
Court at the Dubuque
County Courthouse, upon
motion received and filed
and concurred.
Corporation Counsel rec-
ommending denial of the
claim of Jodie L. Bauer for
vehicle damage and
Patricia Ott for vehicle
damage, upon motion
received and filed and con-
curred.
Corporation Counsel rec-
ommending settlement of
the claims of Michael
Francois for vehicle dam-
age and Ronald Weitz for
property damage and
directing Finance
Department to issue pay-
ment, upon motion
received and Wed and con-
curred and directed
Finance Director to issue
proper check.
Forest Grange
Subdivision #2: Zoning
Advisory Commission rec-
ommending approval of
the final plat of Lots 1-3,
inclusive, of Forest Grange
Subdivision #2 at the
request of Jim Gantz, upon
motion received and filed.
Buol moved adoption of
Resolution No. 268-03
Approving final plat of Lots
1-3, inclusive, of Forest
Grange Subdivision #2 in
Dubuque County, Iowa.
Seconded by Markham.
Motion carried 6-0.
Cedar Ridge Farms Place
#4: Communication from
Julien G. Nemmers,
Nemmers Cedar Ridge
Farm Partnership, request-
ing acceptance of Cedar
Ridge Farm Place #4
Subdivision, Lots 1-7, with
all the improvements, in
the City of Dubuque, Iowa,
upon motion received and
flied and referred to the
City Manager.
Flora Park Rest Room
Construction Project: City
Manager recommending
acceptance of the Flora
Park Rest Room
Construction Project as
completed by 5 & S
Construction in the final
contract amount of
$123,627.71, upon motion
received and filed, Buol
moved adoption of
Resolution No. 269-03
Accepting improvement
and Resolution No. 270-03
Approving final cost.
Seconded by Markham.
Motion carried 6-0.
City Development Board:
Notification from the City
Development Board advis-
ing that they have denied
the voluntary annexation
request of the City of
Sagev#Ile, upon motion
received and filed.
Request to Purchase City -
Owned Property:
Communication from
Michelle Kenline, 105
South Grandview Avenue,
requesting to purchase a
portion of a City alley abut-
ting her property at 105
South Grandview, upon
motion received and filed
and referred to the City
Manager.
Utility Franrhic. c .
veway from the end of the
Bell Street Extension west
to the concrete pads on
the old Peavey grain stor-
age area and to connect
the two separate pads to
provide temporary remote
bus parking, upon motion
received and filed and
approved recommenda-
tion.
Capital Improvement
Project - Reallocation of
FAA Funds: City Manager
recommending approval of
the reallocation of FAA
Funds for two Capital
Improvement Program pro-
jects at the Airport, upon
motion received and filed
and approved recommen-
dation.
Iowa Department of
Transportation Policy
Strategies: City Manager
submitting proposed com-
ments on the Iowa
Department of
Transportation (IDOT)
Policy Strategies, upon
motion received and filed.
Legislative
Correspondence:
Communication from
Senator Tom Harkin
regarding the need for fed-
eral assistance to States
and local governments,
upon motion received and
filed.
Workers' Compensation
Claim: City Solicitor
William G. Blum recom-
mending approval of a pro-
posed closed case agree-
ment for a final settlement
of a Workers'
Compensation Claim, upon
motion received and filed
and approved recommen-
dation.
REAP Funding for the City
of Farley: City Manager
submitting a communica-
tion to the REAP Evaluation
Committee in support of
the City of Farley's applica-
tion for funding of their
Heritage Trail Connection
project, upon motion
received and filed and
approved recommenda-
tion.
Business Licenses: Buol
moved adoption of
Resolution No. 272-03
Granting the issuance of
one renewal to sell ciga- w
rettes and cigarette papers a
in the City of Dubuque to
Shannon's Bar and Grill; R
Resolution No. 273-03 C
Granting the issuance of a Pr
Class "B" Beer (5-Day n
Special Event) Permit to er
Riverfest and Dubuque re
Jaycees (Tents A, B and C); Co
and a Class "C" Beer ac
Permit to Sid's Beverage Ro
and Oky Doky #6; and in
Resolution No. 274-03 co
Granting the issuance of a an
Class 'B" (Hotel/Motel) me
Liquor License to Days Inn; an
Class "C" Beer/Liquor ing
License to Lucky 13 Tap, to
Los Aztecas Mexican san
Restaurant and Tri-State $5
Golf Center and Class B pu
Wine (BW) to Sid's hea
Beverage and Oky Doky ing
#6; and Class "C" sid
Beer/Liquor License Co
(Special 5-Day Event) to Res
Carlos O'Kelly's and Grand R-2
Opera House. Seconded Res
by Markham. Motion car- Co
ried 6-0. Wh
ITEMS TO BE SET FOR jun
PUBLIC HEARING as
West Fifth Street - Call
Request to Vacate: City - Adv
Manager recommending om
that a public hearing be set Com
for September 2, 2003 to Zon
consider a request from Com
The Finley Hospital to they
vacate an alley southwest prel
of West Fifth Street, upon Wes
motion received and filed. loc
Michalski moved adoption as
of Resolution No. 275-03 Call
Approving plat of proposed rece
vacated alley southwest of Bu
West Fifth Street. Reso
Seconded by Connors. Appr carried 6-0. vole
Ordinance No. 65-03 territ
Vacating the alley south- Celia
west of West Fifth Street, Seco
presented and read. Moti
Michalski moved that the 0
requirement that a pro- Ame
posed Ordinance be con- Zonin
sidered and voted on for City
passage at two Council Ordin
Meetings prior to the meet- ing h
Necessity; Resolution No.
284-03 Setting hearing on
Resolution of Necessity for
9/15/03 at a meeting to
commence at 6:30 P.M. in
the Public Library
Auditorium and that the
City Clerk publish notice in
the manner prescribed by
law; and Resolution No.
285-03 Approving prelimi-
nary schedule of assess-
ments and Resolution No.
286-03 Ordering bids.
Seconded by Connors.
Motion carried 6-0.
The following item was
removed from the Agenda:
Establishment of
Interceptor Sanitary Sewer
Connection Fees: City
Manager recommending
that a public hearing be set
far September 15, 2003 to
consider the establishment
of interceptor sanitary
sewer connection fees for
the County Farm drainage
basin area.
BOARDS/COMMISSIONS
Appointments to the fol-
lowing Boards/
Commissions: Housing
Commission (One Section
8 - 3-year term through
8/17/06 - term of Plein;
Three 3-year terms through
8/17/06) - Applicants:
John Plein (Section 8),
Dorothy Culbertson, Jim
Holz, and Danita Grant.
Michalski moved that John
Plein, Dorothy Culbertson,
Jim Holz and Danita Grant
be reappointed to the
Housing Commission for
three year terms to expire
8/17/06. Seconded by .
Connors. Motion carried
6-0.
TV Cable
Teleprogramming
Commission (Two unex-
pired terms through
6/30/06; One 3-year term
through 6/30/06 - term of
Tigges) Applicant: Jennifer
Tigges. Markham moved
that Jennifer Tigges be
reappointed to a three year
term which will expire
6/30/06. Seconded by
Buol. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules
ere suspended to allow
nyone present to speak.
Voluntary Annexation/
awning Request -
allahan Construction:
oof of publication on
otice of hearing to consid-
a voluntary annexation
quest by Callahan
nstruction, Inc for forty
res of land on Seippel
ad north of the Dubuque
dustrial Center West,
ncurrent with rezoning,
d City Manager recom-
nding approval of the
nexation and establish -
the connection charge
the City's interceptor
itary sewer system at
00 per acre; Proof of
biication on notice of
ring to consider rezon-
property on the east
e of Seippel Road from
unty R-2 Single -Family
idential District to City
Two -Family
idential District and CS
mmercial Service and
°resale District, in con-
ction with annexation,
requested by Joel
ahan and Zoning
isory Commission rec-
mending approval;
rnunication from the
ing Advisory
mission advising that
have approved the
iminary plat of
tbrook Subdivision
ated in Dubuque County
requested by Joel
ahan, upon motion
ived and flied.
of moved adoption of
iution No. 287-03
roving application for
ntary annexation of
ory owned by
han Construction, Inc.
nded by Connors.
an carried 6-0.
refinance No. 66-03
nding Appendix A (the
g Ordinance) of the
of Dubuque Code of
ences by reclassify-
ereinafter described
adding residential use as a
conditional use in the HI
Heavy Industrial Zoning
Districts, presented and
4 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 Connors.
Motion carried 6-0.
Text Amendment - City of
Dubuque: Proof of publi-
cation on notice of hearing
to consider amending the
Code of Ordinances
Section 4-4.2(B)
Application and Site Plan
Review and Approval at the
request of the City of
Dubuque and Zoning
Advisory Commissinn ran -
tract to W.C. Stewart
Construction for the Port of
Dubuque Building
Demolition and Site
Clearance Project be
deferred to September 2,
2003, upon motion
received and filed. Buol
moved adoption of
Resolution No. 292-03
Adopting plans and speci-
fications for the project.
Seconded by Connors.
Motion carried 6-0.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
T Corp Request:
Communication from Ed
Tschiggfrie, T Corp,
requesting to address the
Council regarding the
development of 93 acres of
property on Rockdale
Road, upon motion
received and filed.
Mr Tcrhinnfri❑ uvnlosn—1
Community Economic
Betterment Account: City
Manager recommending
approval of the submission
of a Community Economic
Betterment Account
ton111 Bfor a $g7,000 ram applica-
tion
forgivable loan to the Iowa
Department of Economic
Development on behalf of
Shepherd Incorporated,
upon motion received and
filed.
Dirk Voetberg of the
Shepherd Company stated
he would answer any ques-
tions.
Markham moved adop-
tion of Resolution No. 294-
03 Authorizing the filing of
a Community Economic
Betterment Account
(CEBA) application on
behalf of Shepherd,
Incorporated. Seconded
by Michalski. Motion car-