Proof Council Minutes 11 17 03STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutz35 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: November 26, 2003, and for which the charge is $267.40.
Clerk
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ,:aY~Ot day of ~ _, 20 ~ J.
Notary Public in and for Dubuque County, Iowa.
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STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, ~ a Bi/ling Clerk for Woodward Communications, Inc, an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general c}rculation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in
dates: November 26, 2003 an,q c ...... ,. , - , sa/d newspaper on the following
, ,- ~,,~ wmcn the charge is $267.40.
· o~O q~l'Z~H
had
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ~:a~Z'Ot day of ~ ,20 ~ ~.
Notary Public in and for Dubuque County, Iowa.
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11/3; Historic Preservations damaging legislation as a ing property located on
Commission of 10/23; part of an appropriations Radford Road near Sarato/
Housing Code Appeals bit, to oppose attempts to ga Road from AG Agricul-
Board of 10/21; Park and limit debate, and to sup- District to R-1 Single -
Recreation Commission of port the amendment amily Residential District
10/14; Zoning Advisory offered by Senators Carpe at the request of Joseph
Commission of 10/1; Zon- and Alexander to extend and Ruth Siegert /
ing Board of Adjustment of the present moratorium to Dubuque Community
10/29, upon motion 2005, upon motion School District and Zoning
,.received and filed. .received and filed and Advisory Commission rec-
Proofs of publication of/ approved letters. ommending approval,
City Council Proceedings Letter of Support - upon motion received and'
for October 20, 2003 and Cabela's Walleye Touma- filed.
List of Claims and Summa- ment: City Manager rec- Attorney Doug Henry, on
ry of Revenues for month ommending approval of a ehalf of the Dubuque
ending September 30, letter supporting the effort Community School Dis-
2003, upon motion of the Dubuque Area trict, spoke in support of
received and filed. Chamber of Commerce the rezoning.
•
Finance Director submit- and the Grand Harbor Ordinance No. 85-03
,ting the City of Dubuque resort and Waterpark to Amending Appendix A (the
Financial Reports for" attract the 2005 Cabela's Zoning Ordinance) of the/
month ending October 31, National Walleye Tourna- City of Dubuque Code of
2003, upon motion ment to Dubuque, upon Ordinances by reclassify -
received and filed. motion received and filed }rig hereinafter described
Notice of Claims/Suits: and approved recommen- property located west of
Coghlan, Kukankos, Cook dation. Radford Road and south of
LLC for personal injury of Letter of Appreciation: Saratoga Road from AG
Trevor Hingtgen; Farner Communication from Mary Agricultural District to R-4
Bocken Company for vehi- Ann Kress, Alverno Apart- Single -Family Residential
, cle damage; Yvonne irnents, expressing appreci- District, presented an
Collins for personal injury;/ ation to the Council for read. Buol moved that th
Gregory Jelinek, Jr. for per- their good work in guiding requirement that a pr
sonal injury; Delbert C. the City, especially regard- posed Ordinance be con-
Keuter for vehicle damage; ing WalMart, upon motion sidered and voted on for
Scott Spensley for proper- received and filed. • ,passage at two Council
ty damage; Lori Weig for Iowa's Mississippi River' Meetings prior to the meet -
property damage, upon Trail Plan: City Manager ing at which it is to be final -
motion referred to the recommending approval of ly passed be suspended
Legal Staff for investigation the submittal of comments and further moved final
„and report. /fo the lowa Department of consideration and passage
Corporation CounseV Transportation regarding of the Ordinance. Sec -
advising that the following the Iowa Mississippi River onded by Cline. Moti
claims have been referred Trail Plan, upon motion carried 7-0.
to Public Entity Risk Ser- received and filed an Request to Rezone Prop -
vices of Iowa, the agent for approved recommenda erty - 468 Lincoln Avenue:
the Iowa Communities tion. Proof of publication on
Assurance Pool: Coghlan, Business Licenses: Buol notice of hearing toconsid-
Kukankos, Cook LLC for moved adoption of Resohi- er rezoningpropertylocat-
personal injury of Trevor on No. 455-03 Granting ed at 468 Lincoln Avenue
HHingtgen; Yvonne Collins the issuance of one permit from R-2A Altemate Two -
for personal injury; Farner' to sell cigarettes and ciga- Family Residential District/
Bocken Company for vehi- rette papers within the City to CS Commercial Servic '
cle damage; Gregory to Jumpers Sports Bar; and Wholesale District at
Jelinek, Jr. for personal Resolution No. 456-08 te
request of Jay
injury and Corporation Granting the issuance of a /Winger/Winger Construc-
Counsel recommending Class "C" Beer Permit td' tion, LLC and Zoning Advi-
settlement of the claim of Kwik Stop Food Mart and sory Commission recom-
Lori Weig for property Resolution No. 457-02 mending approval, with
damage and directing that Granting the issuance of a conditions. City Manager
;he Finance DepartmentClass "C" Beer/Liquor submitting photographs of
issue payment, uporrii''\License to Aragon Tap, the Winger Construction/
motion received and filed `Jumpers Sports Bar and site previously located ih
and approved recommen- Grill, and Point Restaurant the Port of Dubuque, an
dations and Finance Special Class "C" Liquot rdinance amending
Department to issue prop- License to Mandarin Gat- Appendix A (the Zoning
er payment. den Buffet; and Class "B Ordinance) of the City of
Eagle Point Bluffs: Com- Wine to P.S. I Love You. Dubuque Code of Ordi-
munication from Brenda Seconded by Markharp. nances by reclassifying
Palmer regarding the Eagle Motion carried 7-0. hereinafter described
. Point Bluffs and the condo- / ITEMS TO BE SET FOR property located at 468
minium project, upon' PUBLIC HEARING Lincoln Avenue from R-2AJ
motion received and filed. St. Celia Street - Request Alternate Two -Family Re
Request to Purchase City to Vacate: City Manager dential District to CS Com-
Property: Communication recommending that a pub- n ercial Service antj
from Roger and Ann Pickel lic hearing be set for AVholesale District, and
requesting to purchase a December 1, 2003 to con./ City Manager requesting
portion of Lot 1 of Clark's sider a request from Dami- that rezoning of this prop -
Subdivision No. 2 for the an F. Arensdorf for the erty be tabled until after
cost of surveying and plat- vacating of a portion of the completion of the align-
ing fees, plus $1.00, upon %4Iley north of Hillcrest ment and design study for
motion received and filed' Road and west of St. Celia the Bee Branch Creek�
and referred to the City Street behind his residence Restoration Project is co
Manager. at 2117 St. Celia Street, pleted and that a moratorr-
Tri-State Community upon motion received and on rezoning and build -
Health Center: Communi- filed. Markham moved ing permits for expansion
cation of City Manager adoption of Resolution N in this area be considered,
Michael C. Van Milligen to 458-03 Approving plat of presented and read.
the Bureau of Primary proposed vacated part of Michalski moved that this
Health Care in support of jhe existing alley in Block 1 be received and filed and
the Tri-State Community /of Sunset Park Subdivision tabled until 12/1/03 at a
Health Center's applicatior+' No. 3 in the City of meeting to commence at
for a federally qualified Dubuque, Dubuque Coon- 6:30 P.M. in the public
ra
community health center, ty, Iowa. Seconded by li ry auditorium. Second -
upon motion received and Cline. Motion carried 7.0. by
filed and approved com- Ordinance No. 84-03 by the following vote:
munication. Vacating a part of the exist Yeas—Buol, Cline, Con -
Adams Company vs. City ing alley in Block 1 of Sun- nors, Michalski, Nicholson.
of Dubuque: Corporation set Park Subdivision No. 3 Nays —Duggan, Markham.
Counsel advising that the in the City of Dubuque, Mr. Winger spoke object -
Adams Company has dis- /Dubuque County, Iowa, ing to any delay in the prq-
missed its lawsuit against' presented and read. posed rezoning.
the City, upon motion Markham moved that the Equity Builders/Peter Ecl/
received and filed. requirement that a pro Amend Planned Unit
Iowa Department of Eco- posed Ordinance be con- velopment District:
nomic Development: sidered and voted on fol Proof of publication on
Communication from the passage at two Counc notice of hearing to con
Iowa Department of Eco- Meetings prior to the meet- er amending the Planne
nomic Development advis- ing at which it is to be final- Unit Development Distri t
ing that on October 16,
I passed be suspended at the northwest comer of
2003, the Iowa DepartmentAnd further moved final Tanzanite Drive and Sap -
of Economic Developmen consideration and passage phire Circle with a Planned
approved the Community of the Ordinance. Sec- Residential Designation td
Economic Betterment onded by Cline. Motion facilitate development of
Account Application carried 7-0. orty new housing units at
(CEBA) for Shepherd Incor- Markham moved adop- he request of Equity
porated, upon motion tion of Resolution No. 45 Builders/Peter Eck and
received and filed. • 03 Of intent to dispose of • Zoning Advisory Commis -
Proposed Baseball Stadi- City interest in Lot 1A of sion recommending
um: Two communications lock 1 in Sunset Park approval, upon motion
from citizens urging a "no"ubdivision No. 3 in the received and filed. Peter
vote on the referenda City of Dubuque, Dubuque Eck spoke in favor of thee
and one communication County, Iowa and set this rezoning.
regarding the location of for Public Hearing on Ordinance No. 86-03
the stadium with a 12/1/03 at a meeting to ,Amending Appendix A (the
response from the City commence at 6:30 P.M. in Zoning Ordinance) of the
Manager regarding the the public library auditor City of Dubuque Code of
proposed location, upon um and that the City Clerk Ordinances by providing
motion received and filed. publish notice in the man- for the amendment of Ordi-
Kopp's John F. Kennedy ,bier prescribed by law. nances No. 10-99 and 96-
Addition No. 2 - Final Plat: /Seconded by Cline. Motion 02, which adopted regula
Zoning Advisory Commis/// carried 7-0. tions for the Emerald Acre
sk
sion recommending Seippel Road Water Main No. 2 PUD Planned Un'
approval of the final plat of Extension Project: City Development District and
John F. Kennedy Addition Manager recommending approving an amended
No. 2 as requested by Lyle initiation of the bidding rdinance for the Emerald
Kopp, upon motion process for the SeippelAcres No. 2 Planned Unit
received and filed. Buo! Road Water Main Exten- Development District, pre
moved adoption of Resolu- sion Project and setting a sented and read. Buol
tion No. 450-03 Approving public hearing for Decem- moved that the require
the final plat of John F.,' er 15, 2003, upon motion ment that a proposed Or4i-
Kennedy Addition No. 2. received and filed. nance be considered aii',
Seconded by Markham. Markham moved adoption voted on for passage aSll
Motion carried 7-0. of Resolution No. 460-03 two Council Meetings prior
Iowa Department of Eco- Preliminary approval of to the meeting at which it is
nomic Development - plans and specifications;` to be finally passed be sus -
Grant Contract for Down- Resolution No. 461-03 Fix- pended and further moved
town Planning: City Man- ing date of hearing o final consideration and
ager recommending plans and specifications. ssage of the Ordinance.
approval of an extension to for 12/15/03 at a meeting Seconded by Nicholson.
the Iowa Department of )b commence at 6:30 P.M. Motion carried 7-0.
•
Economic Development/ in the public library audite- Request to Rezone Prop-/
grant contract for down- rium and that the City Clerk erty -13503 Seippel RoacV
town planning, presented publish notice in the man- Proof of publication on
and read. Michalski moved ner prescribed by law and notice of hearringt o consid-
that the communication be Resolution No. 462-03 of rezoningproperty
locat-
received and filed and Ordering bids. Seconded ,i2d at 13503 Seippel Road
approved recommendation by Cline. Motion carried 7 romii om CounResty
Dngle-
for extension to June 30, 0.
2004. Seconded by Buol. Eagle Valley Subdivision to City LI Light Industrial
Motion carried 7-0. Sta ater Main and Service District, in conjunction with
was directed to schedule \ Line Extension Project: annexation, at the request -
work session regarding the 'City Manager recommend- of Kenneth and Maurine/.
Downtown Plan. ing initiation of the bidding Harris and Zoning Advisory -
Burlington Northern Rail- process for the Eagle Val- Commission
recommend-
road Depot Restoration ley Subdivision Water Main ipg approval, Pon
otion
Project - Acceptance: City and Service Line Extension /received and filed. Ordi-
Manager recommending Project and setting a publi nance No. 87-03 Amend -
acceptance of the Burling- hearing for December 15, ' ing Appendix A (the Zoning
ton Northern Railroad 2003, upon motion Ordinance) of the City of
Depot Project - Contract ,received and filed. Dubuque Code of Oufi
#2 - Roof, Gutters and" Markham moved adoption nances by reclassifying 1
1 Downspouts, as complet- -of Resolution No. 463-03 hereinafter described"
ed by A & G Electric Com- Preliminary approval of property located at 13503
in ti,P final contract plans and specifications; Seippel Road o nfrr mQin-
Alternate Two -Family Resi-
dential District to OR Office
Residential District, pre-
sented and read.
Markham 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 a suspended
hood Shopping Center Dis-
trict, 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 finaF
consideration and passage
Cornntl-
of the Ordinance. Sea-
onded by Cline. Motion
carried 7-0.
County Farm Interceptor
Sewer Connection Fee:
Proof of publication on
notice of hearing and
notice to property owners
to consider establishing
the County Farm intercep-
tor sewer connection fee at
$500 per acre and City
Manaaer recommending
of Resolution No. 466-03
Approving an application
for property tax rebates for
the renovation of cetain
historic structures and
approving a Tax Renate
Agreement with Coiper
Development Compr:,y.
Seconded by Conors.
Motion carried 7-0.
Authorization of a .oar/
Agreement and Issuare of
Not to Exceed _15,00,000
lining Ms. Cze:
lthe
and narr
uled corn
Police
ing Contr
er recomr
of the T
and Requ
.for the P
Towing C
seaking r
2003 -
CITY OF DUBUQUE,
IOWA
COUNCIL
PROCEEDINGS
OFFICIAL
City Council, Regular Ses-
sion, November 17, 200e
Council met in Regular
Session at 6:30 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Members Bud,
Cline, Connors, Markham,
Michalski, Nicholson, City
Manager Michael Van Milli-
gen, Corporation Counsel
Barry Lindahl •
Mayor Duggan read the
call and stated this is a reg-
ular session of the City✓
Council called for the pur-
pose of discussing such
matters which may proper-
ly come before the City
Council.
Invocation was given by
Reverend Andrew Eagan,
Pastor of St. Thomas of
Canterbury Anglican
Church.
Proclamation: Hunger and
Homelessness Awareness
Week received by Rev-
erend Andrew Eagan.
CONSENT ITEMS
Minutes and Reports
Submitted: City Council of
10/30, 11/3 and 11/10;
Electrical Code Board of.
Assurance Pool: Coghlan,
Kukankos, Cook LLC for
personal injury of Trevor
,I-lingtgen; Yvonne Collins
for personal injury; Farner'
Bocken Company for vehi-
cle damage; Gregory
Jelinek, Jr. for personal
injury and Corporation
Counsel recommending
settlement of the claim of
Lori Weig for property
damage and directing that
„the Finance Department,
issue payment, upo
motion received and filed
and approved recommen-
dations and Finance
Department to issue prop-
er payment.
Eagle Point Bluffs: Com-
munication from Brenda
Palmer regarding the Eagle
Point Bluffs and the condo-
minium project, uporV
motion received and filed.
Request to Purchase City
Property: Communication
from Roger and Ann Pickel
requesting to purchase a
portion of Lot 1 of Clark's
Subdivision No. 2 for the
cost of surveying and plat-
ting fees, plus $1.00, upon
rmotion received and file
and referred to the City
Manager.
Tri-State Community
Health Center: Communi-
cation of City Manager
Michael C. Van Milligen to
the Bureau of Primary
Health Care in support of
the Tri-State Community
Health Center's applicatio
for a federally qualified
community health center,
upon motion received and
filed and approved com-
munication.
Adams Company vs. City
of Dubuque: Corporation
Counsel advising that the
Adams Company has dis-
missed its lawsuit agains
the City, upon motion
received and filed.
Iowa Department of Eco-
nomic Development:
Communication from the
Iowa Department of Eco-
nomic Development advis-
ing that on October 16,
2003, the Iowa Department
of Economic Developmen
approved the Community
Economic Betterment
Account Application
(CEBA) for Shepherd Incor-
porated, upon motion
received and filed.
Proposed Baseball Stadi-
um: Two communications
from citizens urging a "no"
vote on the referendu
and one communication
regarding the location of
the stadium with a
response from the City
Manager regarding the
proposed location, upon
motion received and filed.
Kopp's John F. Kennedy
Addition No. 2 - Final Plat:
Zoning Advisory Commis
sion recommending
approval of the final plat of
John F. Kennedy Addition
No. 2 as requested by Lyle
Kopp, upon motion
received and filed. BuoP
moved adoption of Resolu-
tion No. 450-03 Approving
the final plat of John F.
Kennedy Addition No. 2.
Seconded by Markham.
Motion carried 7-0.
Iowa Department of Eco-
nomic Development -
Grant Contract for Down-
town Planning: City Man-
ager recommending
approval of an extension to
the Iowa Department of
Economic Development
grant contract for down-
town planning, presented
and read. Michalski moved
that the communication be
received and filed and
approved recommendation
for extension to June 30,
2004. Seconded by Buol.
Motion carried 7-0. Sta
was directed to schedule
work session regarding the
Downtown Plan.
Burlington Northern Rail-
road Depot Restoration
Project - Acceptance: City
Manager recommending
acceptance of the Burling-
ton Northern Railroad
Depot Project - Contract
#2 - Roof, Gutters and
Downspouts, as complet-
ed by A & G Electric Com-
pany in the final contract
amount of $78,430.86,
upon motion received and
filed. Buol moved adoption
of Resolution No. 451-03
Accepting improvement
and Resolution No. 452-03
Approving final estimat-.
Seconded by Markham'
Motion carried 7-0.
Woodward Museum -
2002 Renovations Project
- Contract #2 - Accep-
tance: City Manager rec-
ommending acceptance of
Woodward Museum
2002 Renovations Project
Contract #2 as complete
by T & K Roofing and Sheet
Metal Company in the final
contract amount of
$93,490, upon motion
received and filed. Buol
moved adoption of Resolu-
tion No. 453-03 Accepting
improvement and Resolu-
tion No. 454-03 Approving
final estimate. Seconde
by Markham. Motion car-
ried 7-0.
Abstract of Votes: Sub-
mittal of the Abstract of
Votes for the November 3,
2003 City Council election,
upon motion received and
filed.
Legislative Correspon-
dence: Communication of
City Manager to Senators
Charles Grassley and Tom
Harkin urging them to
oppose efforts to pass
Business Licenses: Buol \notice of hearing to con
moved adoption of Resold -
'on No. 455-03 Granting
the issuance of one permit
to sell cigarettes and ciga-
rette papers within the City
to Jumpers Sports Bar;
Resolution No. 456-0e
Granting the issuance of
Class "C" Beer Permit t
Kwik Stop Food Mart and
Resolution No. 457-03
Granting the issuance of a
rClass "C" Beer/Liquor
License to Aragon Tap,
4lumpers Sports Bar and
Grill, and Point Restaurant
Special Class "C" Liquor
License to Mandarin Gat -
den Buffet; and Class "B
Wine to P.S. I Love You.
Seconded by Markham.
Motion carried 7-0.
ITEMS TO BE SET FOR
PUBLIC HEARING
St. Celia Street - Request
to Vacate: City Manager
recommending that a pub-
lic hearing be set for
December 1, 2003 to con
sider a request from Dami-
an F. Arensdorf for the
vacating of a portion of the
/Alley north of Hillcrest
Road and west of St. Celia
Street behind his residence
at 2117 St. Celia Street,
upon motion received and
filed. Markham moved
adoption of Resolution N
458-03 Approving plat at
proposed vacated part of
e existing alley in Block 1
of Sunset Park Subdivision
No. 3 in the City of
Dubuque, Dubuque Coon-
ty, Iowa. Seconded by
Cline. Motion carried 7.0.
Ordinance No. 84-03
Vacating a part of the exist
ing alley in Block 1 of Sun-
set Park Subdivision No. 3
in the City of Dubuque,
ubuque County, Iowa,
presented and read.
Markham moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on fdt
passage at two Counc'
Meetings prior to the meet-
ing at which it is to be final -
passed be suspended
nd further moved final
consideration and passage
of the Ordinance. Sec-
onded by Cline. Motion
carried 7-0.
Markham moved adop-
tion of Resolution No. 45
03 Of intent to dispose of
City interest in Lot 1A of
lock 1 in Sunset Park
ubdivision No. 3 in the
City of Dubuque, Dubuque
County, lowa and set this
for Public Hearing OR
12/1/03 at a meeting to
commence at 6:30 P.M. is
the public library auditor'
um and that the City Clerk
publish notice in the man-
er prescribed by law.
econded by Cline. Motion
carried 7-0.
Seippel Road Water Main
Extension Project: City
Manager recommending
initiation of the bidding
process for the Seippel
Road Water Main Exten-
sion Project and setting a
public hearing for Decem-
er 15, 2003, upon motion
received and filed.
Markham moved adoption
of Resolution No. 460-03
Preliminary approval of
plans and specifications;
Resolution No. 461-03 Fix-
ing date of hearing o
plans and specifications.
for 12/15/03 at a meeting
commence at 6:30 P.M.
in the public library audito-
rium and that the City Clerk
publish notice in the man-
ner prescribed by law and
Resolution No. 462-03
Ordering bids. Seconded
by Cline. Motion carried 7
0.
Eagle Valley Subdivision
ater Main and Service
Line Extension Project:
ity Manager recommend-
ing initiation of the bidding
process for the Eagle Val-
ley Subdivision Water Main
and Service Line Extension
Project and setting a publi
hearing for December 15,
2003, upon motion
ceived and filed.
Markham moved adoption
of Resolution No. 463-03
Preliminary approval of
plans and specifications;
Resolution No. 464-03 Fac-
ing date of hearing on
plans and specification
for 12/15/03 at a meeting
to commence at 6:30 P.M.
the public library audito-
rium and that the City Clerk
publish notice in the man-
ner prescribed by law and
Resolution No. 465-03
Ordering bids. Seconded
by Cline. Motion carried Y-
0.
BOARDS/COMMISSIONS
pplicants are invited to
address the Council
l'egarding their desire to
serve on the following
Boards/Commissions
Environmental Steward-
ship Advisory Commission
(One 3-Year Term to Expire
10/1/05): Applicant: Wayn
Klostermann. No one
s • oke.
Housing Commission
(One 3-Year Term to Expire
8/17/04): Applicant:
Dorothy Schwendinger,
OSF. No one spoke.
PUBLIC HEARINGS
Upon motion it was
resolved to suspend th
rules to allow anyone Are-
nt to address the Coun-
cil.
Joseph and Ruth Siegert /
Dubuque Community
School District: Proof of
publication on notice of
hearing to consider rezon-
er rezoning property locat-
ed at 468 Lincoln Avenue
from R-2A Alternate Two -
Family Residential District/
to CS Commercial Servic
and Wholesale District at
request of Jay
nger/Winger Construc-
tion, LLC and Zoning Advi-
sory Commission recom-
mending approval, with
conditions. City Manager
submitting photographs of
the Winger Construction/
site previously located dS
the Port of Dubuque, an
rdinance amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordi-
nances by reclassifying
hereinafter described
property located at 468
Lincoln Avenue from R-2A/
Alternate Two -Family Resi-
dential District to CS Corn-
ercial Service anal
holesale District, and
City Manager requesting
that rezoning of this prop-
erty be tabled until after
completion of the align-
ment and design study for
the Bee Branch Creek'
Restoration Project is co
pleted and that a morator-
on rezoning and build-
ing permits for expansion
in this area be considered,
presented and read. '
Michalski moved that this
be received and filed and
tabled until 12/1/03 at a
meeting to commence at
6:30 P.M. in the publV
library auditorium. Second -
by Nicholson. Carried
by the following vote:
Yeas—Buol, Cline, Con-
nors, Michalski, Nicholson.
Nays —Duggan, Markham.
Mr. Winger spoke object-
ing to any delay in the prq-
posed rezoning. /
Equity Builders/Peter Eck/
- Amend Planned Unit
velopment District:
Proof of publication on
notice of hearing to consiq-
er amending the Plannetl
Unit Development District
at the northwest comer of
Tanzanite Drive and Sap-
phire Circle with a Planned
Residential Designation tr4
facilitate development of
orty new housing units at
he request of Equity
Builders/Peter Eck and
Zoning Advisory Commis-
sion recommending
approval, upon motion
received and filed. Peter
Eck spoke in favor of th,
rezoning.
Ordinance No. 86-03
mending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by providing
for the amendment of Ordi-
nances No. 10-99 and 96-
02, which adopted regula-
tions for the Emerald Acre
for the Emerald AcreNo. 2 PUD Planned Un'
Development District and
approving an amended
rdinance for the Emerald
Acres No. 2 Planned Unit
Development District, pre-
sented and read. Buol
moved that the require-
ment that a proposed Ori-
nonce be considered a
voted on for passage
two Council Meetings prior
to the meeting at which it is
to be finally passed be sus-
pended and further moved
final consideration and
assage of the Ordinance.
Seconded by Nicholson.
Motion carried 7-0. .
Request to Rezone Prop-
erty -13503 Seippel Road(
Proof of publication oo
notice of hearing to consid-
rezoning property locat-
d at 13503 Seippel Road
from County R-2 Single -
Family Residential Distriot
to City LI Light Industrial
District, in conjunction with
annexation, at the request
of Kenneth and Maurine'-
Harris and Zoning Advisory
Commission recommend-
g approval, upon motion
received and filed. Ordi-
nance No. 87-03 Amend-
ing Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordi-
nances by reclassifying }
hereinafter described'
property located at 13503
Seippel Road from
buque County R-2 Sin-
e -Family Residential Dis-
trict to City of Dubuque LI
Light Industrial District,
concurrent with annexa-
tion, presented and read.
Buol moved that the/
requirement that a pro
posed Ordinance be con-
sidered and voted on for
passage at two Council
eetings 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. Second- /
ed by Markham. Motion/
carried 7-0.
Request to Rezone Prop-
erty - 521 Garfield: Proof
publication on notice of
hearing to consider rezon-
ing property located at 521
Garfield Avenue from R-2A
Alternate Two -Family Resi-
dential District to OR Office
Residential District at their
request of Scott Potter and
Zoning Advisory Commis-
sion recommending
pproval, upon motion
received and filed. Ordi-
nance No. 88-03 Amend-
ing Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordi-
nances by reclassifying'
hereinafter described
property located at 521.
Garfield Avenue from R-2Pt
Alternate Two -Family Resi-
dential District to OR Office
Residential District, pre-
sented and read.
Markham moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the mee
ing at which it is to be finaj-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance. Sec-
onded by Nicholson.
Motion carried 7-0.
Request to Rezone Prop-
erty - 1870 Asbury Road:
Council Members
Markham and Nicholson
excused themselves and
left the Chamber due to
possible conflict of inter-
est.
Proof of publication on
notice of hearing to consid-
er rezoning property locat-
ed at 1870 Asbury Road
from C-1 Neighborhoo
Commercial District to C-2
Neighborhood Shopping
Center District at the
request of Dubuque Coun-
ty Right to Life and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Ellen Markham, Direct
of Dubuque County Right
to Life, spoke in favor of
the rezoning.
Ordinance No. 89-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 1870
Asbury Road from C-1
Neighborhood Commercial
District to C-2 Neighbor-
hood Shopping Center Dis-
trict, presented and read.
Buol moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Counc'
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. Second-
ed by Michalski. Motion
carried 5-0. •
Four Mounds Estate His-
toric District - Petition fo
Landmark Status: Proof of
ublication on notice of
hearing to consider desig-
nating the Four Mounds
Estate Historic District as a
City (local) Landmark and
Historic Preservation Com-
mission recommending
approval, upon motion
received and filed.
Chris Olson, of Four
ounds, spoke in support
of the designation.
Ordinance No. 90-03
Amending Chapter 25 (His-
toric Preservation Ordi-
nance) of the City of
Dubuque Code of Ordi-
nances by amending Sec-
tion 5-6 Identification an
Designation of Landmarks,
andmark Sites and His-
toric Districts to include the
Four Mounds Estate His-
toric District as a City
Landmark, presented and
read. Buol moved that the
requirement that a pro-
posed Ordinance be con
sidered and voted on f
passage at two Council
eetings 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. Sec.
onded by Cline. Motion
carried 7-0.
County Farm Interceptor
Sewer Connection Fee:
roof of publication on
notice of hearing and
notice to property owners
to consider establishing
the County Farm intercep-
tor sewer connection fee at
$500 per acre and City
Manager recommending
approval; and two comm
nications objecting to the
e, upon motion received
and filed.
Mayor Duggan stated he
had received a verbal
objection to the fee.
Ordinance No. 91-03
Establishing a schedule of
sewer connection fees for
the connection of propert
to the County Farm Sani-
tary Interceptor Sewer,
presented and read. Buol
moved that the require-
ment that a proposed Ordi-
nance be considered and
voted on for passage at
two Council Meetings prior
to the meeting at which it is
to be finally passed be sus
pended and further moved
inal consideration and
passage of the Ordinance.
Seconded by Cline.
Motion carried 7-0. •
Cooper Development
Company, LLC - Tax Incre-
ment Financing: Proof of
publication on notice of
hearing to conside
approval of Cooper Devel-
pment Company's appli-
cation for Property Tax
ebates for Historic Prop-
erties for seven years and
City Manager recommend-
ing approval, upon motion
received and filet
Markham moved adoption
of Resolution No.
Approving an app
r property tax reb
the renovation of
historic structure
approving a Tax
Agreement with
Development Co
Seconded by Ct
Motion carried 7-0.
Authorization of
Agreement and !sal
Not to Exceed $15,(
General Fund Capit
Notes: Proof of put
on notice of hea
conduct a disr
meeting and public
on the authorizatic
Loan Agreement a
issuance of not to
$15,000,000 Gener
apital Loan Notes
City of Dubuque,
upon motion receiv
filed. No one spoke
Upon motion th
were reinstated
discussion to the CI
ACTION ITEM
America's Crowr
munities: City l
advising that the
Dubuque has been
one of America's'
Communities for 2:
the America's River
and improvements
Port of Dubuque
motion received of
Council discussed li
'bility of attending
sentation of the ar
the upcoming lc
League of Cities mn
Dubuque Area in
of Commerce - Cori
& Visitors Bureaup
Sue Czeshinski, s
tion and Visitors Btu
make verbal rtc
progress reportip
motion received fib
e-
n
t-
Id
at
al
Ih
16 •
ry
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in
li-
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of
li-
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m
n-
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t,
a-
le
o-
n-
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cil
al-
ed
1al
ge
d-
an
oaf
of
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2A
Si-
ce
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nd
is-
ng
on
di-
ng
of ai-
,+
rig
Rd
21
2� co
Alternate Two -Family Resi-
dential District to OR Office
Residential District, pre-
sented and read.
Markham moved that the
'requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
Meetings prior to the mee
ing at which it is to be final-
ly passed be suspended
and further moved final
consideration and passage
of the Ordinance. Sec-
onded by Nicholson.
Motion carried 7-0.
Request to Rezone Prop-
erty - 1870 Asbury Road:
Council Members
Markham and Nicholson
excused themselves and
left the Chamber due to
possible conflict of inter-
est.
Proof of publication on
notice of hearing to consid-
er rezoning property locat-
ed at 1870 Asbury Road
from C-1 Neighborhoo
Commercial District to C-2
Neighborhood Shopping
Center District at the
request of Dubuque Coun-
ty Right to Life and Zoning
Advisory Commission rec-
ommending approval,
upon motion received and
filed.
Ellen Markham, Direct
of Dubuque County Right
to Life, spoke in favor of
the rezoning.
Ordinance No. 89-03
Amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 1870
Asbury Road from C-1
Neighborhood Commercial
District to C-P Neighbor-
hood Shopping Center Dis-
trict,. presented and read.
Buol moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Counc'
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. Second-
ed by Michalski. Motion
carried 5-0.
Four Mounds Estate His-
toric District - Petition fo
Landmark Status: Proof of
ublication on notice of
hearing to consider desig-
nating the Four Mounds
Estate Historic District as a
City (local) Landmark and
Historic Preservation Com-
mission recommending
approval, upon motion
received and filed.
Chris Olson, of Four
ounds, spoke in support
of the designation.
Ordinance No. 90-03
Amending Chapter 25 (His-
toric Preservation Ordi-
nance) of the City of
Dubuque Code of Ordi-
nances by amending Sec-
tion 5-6 Identification an
Designation of Landmarks,
ndmark Sites and His-
toric Districts to include the
Four Mounds Estate His-
toric District' as a City
Landmark, presented and
read. Buol moved that the
requirement that a pro-
posed Ordinance be con
sidered and voted on f•
passage at two Counck
eetings 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. Sec.-
onded by Cline. Motion
carried 7-0.
County Farm Intercepto
Sewer Connection Fee:
roof of publication on
notice of hearing and
notice to property owners
to consider establishing
the County Farm intercep-
tor sewer connection fee at
$500 per acre and City
Manager recommending
approval; and two comm.-
nications objecting to the
e, upon motion received
and filed.
Mayor Duggan stated he
had received a verbal
objection to the fee.
Ordinance No. 91-03
Establishing a schedule of
sewer connection fees for
the connection of propert
to the County Farm Sani-
tary Interceptor Sewer,
presented and read. Buol
moved that the require-
ment that a proposed Ordi-
nance be considered and
voted on for passage at
two Council Meetings prior
to the meeting at which it is
to be finally passed be su
pended and further moved
inal consideration and
passage of the Ordinance.
Seconded by Cline.
Motion carried 7-0. •
Cooper Development
Company, LLC - Tax Incre-
ment Financing: Proof of
publication on notice of
hearing to conside
approval of Cooper Devel-
•pment Company's appli-
cation for Property Tax
ebates for Historic Prop-
erties for seven years and
City Manager recommend-
ing approval, upon motion
received and filed.
Markham moved adoption
of Resolution No. 466-0
Approving an application
r property tax rebates for
the renovation of cetain
historic structures and
approving a Tax Rebate
Agreement with Cooper
Development Company.
Seconded by Connors.
Motion carried 7-0.
Authorization of a Lo
Agreement and IssuarCe of
Not to Exceed $15,00),000
General Fund CapitalLoan
Notes: Proof of publication
on notice of hearing to
conduct a discussion
meeting and public hearing
on the authorization of a
Loan Agreement and the
issuance of not to exceed
$15,000,000 General Fund
apital Loan Notes of the
City of Dubuque, Iowa,
upon motion received and
filed. No one spoke.
Upon motion the rules
were reinstated limiting
discussion to the Council.
ACTION ITEMS
America's Crown Com
munities: City Manager
advising that the City 0f
Dubuque has been named
one of America's Crown
Communities for 2003 for
the America's River projeot
and improvements in the
Port of Dubuque, up
motion received and filed.
Council discussed the po
'bility of attending the pre-
sentation of the award at
the upcoming National
League of Cities meeting.
Dubuque Area Chamber
of Commerce -Convention
& Visitors Bureau Report:
Sue Czeshinski, Conven-
tion and Visitors Bureau, to
make verbal quarterl
progress report, upon
motion received and filed.
•,
Ms. Czeshinski spoke out-
lining the positive foreca t
and named many sche-
uled conventions.
Police Department Tow-
ing Contract: City Manag-
er recommending approval
of the Towing Checklis
and Request for Proposalg
for the Police Department
Towing Contract for use in
seeking proposals for the
2003 - 2006 City of
Dubuque Towing Contract,
presented and read.
Jules Wenzel, s►foke
questioning some of th$
specifics of the contrac
Cline questioned some of
the specifics of the RFP's.
Upon motion the commu-
nication, checklist and RFP
were received and filed
and approved.
Affordable Housing Tax
Credit Application from
Gronen Properties: City
Manager recommendin
adoption of two resolutions
quired by the Iowa
Finance Authority as part
of the application for
Affordable Housing Tax
Credits from Gronen Prop-
erties for development of
affordable housing on Main
and West 11th Streets and
communication from Bo
Felderman in support 9f
e Gronen Properties pro-
osed renovation projects
the 1000 block of Main
Street, upon motion
received and filed. Cline
moved adoption of Resolu-
tion No. 467-03 Of support
for the development of
affordable housing on Mai
and West 11th Streets and
solution No. 468-03 Of
local contributing effort for
the development of afford-
able housing on Main and
•
West 11th Streets. Sec-
onded by Michalsij.
Motion carried 7.0.
Downtown Rehabilitation
Loan - Gronen Propertie .
City Manager recommend-
g approval of a Down-
town Rehabilitation Loan,
at two percent interest for
thirty years, for the rehabil-
itation of six buildings on
both sides of Main Street
between 10th and 11th
Streets as requested by
the developer, upo
motion received and filed
d approved.
Wynstone Subdivision -
Final Plat: City Manager
recommending approval of
the final plat for Wynstone
Subdivision, which pro-
vides for the construction
of 65 single-family building
lots and the dedication
three new public streets
cated off of John F.
Kennedy Road near Eisen-
hower School, upon
motion received and filed.
Cline moved adoption of
Resolution No. 469-03
Approving the final plat
Lots 1 thru 65, inclusive,
and Lots A thru F, inclusiv
of Wynstone Subdivision.
econded by Nicholson.
Motion carried •7-0.
Harvest View Estate
Fourth Addition - Final
Plat: City Manager recom-
mending approval of the
final plat for Harvest View
Estate Fourth Addition to
allow for development o
twelve additional single-
family lots and providing
street access for the new
senior housing develop-
ment that was recently
approved, upon motion
received and filed. Michal-
ski moved adoption of
Resolution No. 470-03
Approving the final plat o
Harvest View Estates
ourth Addition, in the City
of Dubuque, Iowa. Sec-
onded by Cline. Motion
carried 7-0.
Freedom Ridge Subdivi-
sion - Final Plat: City
Manager recommending
approval of the final plat for
Freedom Ridge Subdivi
sion, a proposed residen-
1 development located
off of Oakland Farms Road
in Dubuque County, upon
motion received and filed.
Markham moved adoption
of Resolution No. 471-03
Approving the final plat of
Freedom Ridge Estates ire
Dubuque County, Iowa
econded by Connors.
otion carried 7-0.
Ridgeway Park - Prelimi-
nary Plat: Zoning Advisory
Commission recommend-
ing approval of the prelimi-
nary plat of Ridgeway Park
located in the 17000 block
of John Deere Road in
Dubuque County a
requested by Randy HefeT,
pon motion received and
filed and approved the pre-
liminary plat.
Request for Proposals
Design Services for Base-
ball Stadium: City Manag-
er recommending approval
of the issuance of a
Request for Proposals fo
d-sign services for the
seball stadium, Upon
motion received and filed
and approved recommen-
dation.
Grand River Center - Art-
work: City Manager rec-
ommending approval of
the selection of artists for
placement of artwork in th
Grand River Center, upon
tion received and filed
and approved recommen-
dation.
Vendor Locations - Port
of Dubuque: City Manag-
er recommending approval
of the maximum amount of
vendor locations at th
Port of Dubuque apt
Hawthome Street Peninsu-
, upon motion received
and filed and approved
recommendation.
Fiscal Year 2005 Budget
Presentations: City Council
to provide direction on
staff presentations for the
upcoming Fiscal Year 2005
Budget sessions, preset%
ed and read. After discus -
on, Council, by consen-
sus, recommended keep-
ing the same format as
other years, which pro-
vides an educational for-
mat for citizens.
At 8:42 P.M. upon motion
it was resolved to go into
Closed Session re: Proper
ty Acquisition and Pending
itigation - Chapter
21.5(1)(c)a) 2003 Code of
Iowa.
At 9:06 Council recon-
vened stating staff had
been given proper direc-
tion.
There being no furthe
business, upon motio
meeting adjourned at 9:07
.M.
/s/ Jeanne F. Schneider,
CMC, City Clerk
1t 11/26
4
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: November 26, 2003, and for which the charge is $267.40.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this a3t f day of , 20 el .
Notary Public in and for Dubuque County, Iowa.
M 1 K. WESTERMEYER
Kf innlinien Number 154885
My Comm: Exp. FEB. 1, 2005