Council Proceedings November 03
Regular Session, November 3, 2003
347
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, November 3,
2003
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Assistant City Attomey Tim O'Brien
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend David
Solberg, Wartburg Theological Seminary.
Proclamations: Philanthropy Day (November
19, 2003) received by David Solberg; Hospice
Month (November, 2003) received by Carole
Carroll; Youth Appreciation Month (November,
2003) received by Beverly Feldermann.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 10/20; Civil Service Commission of 10/10'
Five Flags Commission of 9/25; Histori~
Preservation Commission of 10/16; Housing
Code Appeals Board of 9/16, as amended;
Housing Commission Trust Fund Committee of
10/17 and 10/21; Investment Oversight
Commission of 10/23, presented and read. Buol
moved that the minutes be received and fiied.
Seconded by Michalski. Motion carried 7-0.
Proof of publication of City Council
Proceedings of October 6, 2003, presented and
read. Buol moved that the proof be received
and filed. Seconded by Michalski. Motion
carried 7-0.
Printed Council Proceedings of September,
2003, presented and read. Buol moved that
the proceedings be approved as printed.
Seconded by Michalski. Motion carried 7-0.
Substance Abuse Services Center Fiscal Year
2004 First Quarter Report, presented and read.
Buol moved that the report be received and filed.
Seconded by Michalski. Motion carried 7-0.
Investment Oversight Commission's 42"'
Quarterly Report, presented and read. Buol
moved that the report be received and filed.
Seconded by Michalski. Motion carried 7-0.
Notice of Claims/Suits: Michael and Allison
Lott for property damage; Agnes Vorwald for
property damage, presented and read. Buol
moved that the claims be referred to the Legal
Staff for investigation and report. Seconded by
Michalski. Motion carried 7-0.
Corporation Counsel recommending settle-
ment of the claim of Agnes Vorwald for property
damage and directing the Finance Department
to issue payment, presented and read. Buoi
moved that the communication be received and
filed and approved settlement directing Finance
Department to issue proper payment.
Seconded by Michalski. Motion carried 7-0.
Citizen Communications:
Communication from Jeff and Julie Chase
requesting to purchase a portion of City-owned
property located next to Gay Park, presented
and read. Buol moved that the communication
be received and filed and referred to the City
Manager. Seconded by Michalski. Motion
carried 7-0.
Communication from Steve and Judy Selchert,
Steve's Ace Hardware, requesting to purchase a
portion of City-owned property abutting 3350
John F. Kennedy Road, presented and read.
Buol moved that the communication be received
and filed and referred to the City Manager.
Seconded by Michalski. Motion carried 7-0.
Communication from the residents on West
16th Street requesting establishment of a
Residential Parking Permit District in the 500
block of West 16th Street between Comell and
Catherine Streets, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Michalski. Motion carried 7-0.
Request for Public Hearing - Eagle Point Bluff:
Communication from Laurel Sprengelmeyer,
General Manager of Teesri Duniya Theatre,
requesting that a public hearing be held
regarding the condominium development project
at the end of Rhomberg Avenue, presented and
read. Buol moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
Environmental Stewardship Advisory
Commission: Communication from Mary Rose
Corrigan, Public Health Specialist, advising that
Environmental Stewardship Advisory
Commission Member William Niemann has
resigned and Commission Member Mark
Henning does not plan to renew his application
for reappointment, presented and read. Buol
moved that the communication be received and
348
Regular Session, November 3, 2003
filed. Seconded by Michalski. Motion carried 7-
O.
Iowa Department of Transportation:
Communication from the Iowa Department of
Transportation submitting a Notice of
Environmental Assessment Availability and
Public Hearing concerning the proposed
capacity improvement of US 20 in Dubuque
County from Peosta to just east of the Norlhwest
Arterial, presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Brotherhood of Locomotive Engineers:
Communication from the Brotherhood of
Locomotive Engineers Iowa State Legislative
Board regarding the operation of remote
controlled locomotives, presented and read.
Michalski moved that the communication be
received and filed and referred to Dubuque
Metropolitan Area Transportation Study.
Seconded by Connors. Motion carried 7-0.
School Resource Officer (SRO) Agreement:
City Manager recommending approval of an
agreement between the City of Dubuque Police
Department and the Dubuque Community
School District regarding the duties and
responsibilities of the School Resource Officers,
presented and read. Buol moved that the
communication be received and filed and
approved agreement. Seconded by Michaiski.
Motion carried 7-0.
Woodward Museum - 2002 Renovations
Project: City Manager recommending
acceptance of the Woodward Museum - 2002
Renovations Project in the final contract
amounts of $79,579.50 (Contract No.1 -
Masonry Tuckpointing), $35,550 (Contract No.4
- HVAC), $58,464 (Contract No.5 - Plumbing
and Sprinkler), and $32,930 (Contract No.6 -
Electrical), presented and read. Buol moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 413-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.1 - Masonry Tuckpointing has been
compieted and the City Manager has examined
the work and fiied his certificate stating that the
same has been completed according to the
terms of the contracts, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 414-03
FINAL ESTIMATE
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.1 - Masonry Tuckpointing has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $79,579.50 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buo! moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 415-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.4 - HVAC has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
- _...~.
Regular Session, November 3, 2003
349
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO, 416-03
FINAL ESTIMATE
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.4 - HVAC has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $35,550.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 417-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.5 - Plumbing and Sprinkler has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contracts, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 418-03
FINAL ESTIMATE
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.5 - Plumbing and Sprinkler has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQU¡::, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $58,464.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0. '
RESOLUTION NO. 419-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.6 - Electrical has been completed and the
City Manager has examined the work and filed
his certificate stating that the same has been
compieted according to the terms of the
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
350
Regular Session, November 3, 2003
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3" day of
November, 2003. '
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 420-03
FINAL ESTIMATE
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.6 - Electrical has been completed and the
City Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscelianeous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $32,930.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Railroad Depot Restoration Project: City
Manager recommending acceptance of the
completed construction contracts associated
with the Burlington Northern Railroad Depot
Restoration Project, Contract No.13 - HVAC and
Contract No.14 - Plumbing, presented and read.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO. 421-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 13 - HVAC has been completed
---
and the City Manager has examined the work
and flied his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE iT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski., Motion carried 7-0.
RESOLUTtON NO. 422-03
FINAL ESTIMATE
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 13 - HVAC has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and ali
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $110,021.67 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 423-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 14 - Plumbing has been completed
..,""-,
Regular Session, November 3, 2003
351
and the City Manager has examined the work
and filed his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 424-03
FINAL ESTIMATE
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 14 - Plumbing has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the cost of said improvement
is hereby determined to be $39,583.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Manson Road Bridge Reconstruction Project:
City Manager recommending acceptance of the
Manson Road Bridge Reconstruction Project as
completed by Taylor Construction, Inc., in the
final contract amount of $819,628.66, presented
and read. Buol moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 425-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Manson Road
Bridge Reconstruction Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2003 Street
Construction Fund in amount equai to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 426-03
FINAL ESTIMATE
Whereas, the contract for the Manson Road
Bridge Reconstruction Project has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $1,035,078.70 and
the said amount shall be paid from the Fiscal
Year 2003 Street Construction Fund of the City
of Dubuque, Iowa.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
First and Main Street Lighting Project: City
Manager recommending acceptance of the First
and Main Street Historical Lighting Project as
completed by A&G Electric Company of
Dubuque, Iowa, in the final contract amount of
$118,247.05, presented and read. Buol moved
352
Regular Session, November 3, 2003
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 427-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1'1 and Main
Street Historical Lighting Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Street Construction Fund
and the Road Use Tax Fund in amounts equal to
the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 428-03
FINAL ESTIMATE
Whereas, the contract for the 1'1 and Main
Street Historical Lighting Project has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $137,332.80 and the
said amount shall be paid from the Street
Construction Fund and the Road Use Tax Fund
of the City of Dubuque, Iowa.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Tanzanite Drive Paving Project: City Manager
recommending acceptance of the Tanzanite
Drive Paving Project as completed by Flynn
Company, Inc., in the final contract amount of
$200,385.01, presented and read. Buol moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO, 429-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Tanzanite Drive
Paving Project has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Road Use Tax Fund in
amount equai to the amount of his contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 430-03
FINAL ESTIMATE
Whereas, the contract for the Tanzanite Drive
Paving Project has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $444,032.53 and the
said amount shall be paid from the Road Use
Tax Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Mississippi River Discovery Center We~and
Site Package II, Interior Walkways Project: City
Manager recommending acceptance of the
Mississippi River Discovery Center Wetland Site
Package II, Interior Walkways Project - Contract
No.4 in the final contract amount of $24,238,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
--".. .~.__.
Regular Session, November 3, 2003
353
RESOLUTION NO. 431-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Mississippi River
Discovery Center Wetiand Site Package II,
Interior Walkways Project - Contract No.4 -
Electrical has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 432-03
FINAL ESTIMATE
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
Interior Waikways. Project - Contract No.4 -
Electrical has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $24,238.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Designation of Fiscal Officers - Electronic
Investment Transactions: City Manager
recommending approval of the designation of
fiscal officers to sign checks and drafts and to
execute electronic investment transactions with
Treasury Direct on behalf of the City of
Dubuque, presented and read. Buol moved
that the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 433-03
RESOLUTION AUTHORIZING CERTAIN
DESIGNATED FISCAL OFFICERS OF THE
CITY OF DUBUQUE TO EXECUTE
ELECTRONIC INVESTMENT TRANSACTIONS
WITH TREASURY DIRECT ON BEHALF OF
THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has established
a book-entry account with Treasury Direct; and
Whereas, the City of Dubuque invests short-
term funds in the U.S. Treasury securities
through Treasury Direct; and
Whereas, the City of Dubuque can improve
cash management through electronic processing
provided by Treasury Direct; and
Whereas, the City Council has determined that
the fiscal officers who may execute electronic
investment transactions with Treasury Direct on
behalf of the City of Dubuque are Finance
Director, Assistant Finance Director and Budget
Director.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Finance Director, Assistant Finance
Director and Budget Director are hereby
authorized to execute electronic investment
transactions with Treasury Direct on behalf of
the City of Dubuque.
Passed, approved and adopted this 3rd day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 434-03
RESOLUTION AUTHORIZING CERTAIN
DESIGNATED FISCAL OFFICERS OF THE
CITY OF DUBUQUE TO EXECUTE CHECKS
ON BEHALF OF THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque deposits certain
funds in local commercial banking institutions:
and
Whereas, these commercial banking
institutions require authorization by the City
Council for certain fiscal officers to sign such
checks and drafts; and
354
Regular Session, November 3, 2003
Whereas, the City Council has determined that
the fiscal officers who may sign checks and
drafts on behalf of the City of Dubuque are
Finance Director, Assistant Finance Director and
Budget Director.
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Finance Director, Assistant
Finance Director and Budget Director are hereby
authorized to sign checks and drafts on behalf of
the City of Dubuque.
Section 2. That the foregoing fiscal officers
are also hereby authorized to sign the
authorization cards from the commercial banking
institutions.
Passed, approved and adopted this 3rd day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 435-03
RESOLUTION AUTHORIZING CERTAIN CITY
OF DUBUQUE FINANCE DEPARTMENT
EMPLOYEES TO OBTAIN BANK ACCOUNT
INFORMATION AND MAKE TRANSFERS
BETWEEN CITY OF DUBUQUE BANK
ACCOUNTS WITHIN A BANKING
INSTITUTION
Whereas, the City of Dubuque maintains
accounts with iöcal banking institutions; and
Whereas, the banking institutions require
authorization by the City Council for City
employees other than those designated on
account signature cards to obtain bank account
information and transfer funds between City
accounts at that institution; and
Whereas, the City Council has determined that
the City employees who may obtain bank
account information and transfer funds between
accounts within a banking institution are the
Finance Department Account Clerks, Cheryl L.
Steckel, and Mary Jo Gerardy.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Finance Department's Account
Clerks, Cheryl L. Steckel, and Mary Jo Gerardy,
are hereby authorized to obtain bank account
information on all City of Dubuque accounts and
to transfer funds between the City's accounts
within a banking institution. Transfers shall be
authorized via telephone or written request.
Passed, approved and adopted this 3rd day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Lead Based Paint Hazard Reduction Program:
City Manager recommending approval of the
publication of a Notice of Intent to Request
Release of Funds for the Lead-Based Paint
Hazard Reduction Grant Program, presented
and read. Buol moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 436-03
A RESOLUTION AUTHORIZING PUBLI-
CATION OF A NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR LEAD-
BASED PAINT HAZARD REDUCTION GRANT
PROGRAM.
Whereas, the City of Dubuque will enter into a
Grant Agreement with the U.S. Department of
Housing and Urban Development, Office of
Healthy Homes and Lead Hazard Control,
providing for a Lead-Based Paint Hazard Control
Grant: and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
ehvironmental review has been processed for
the Lead-Based Paint Hazard Reduction Grant
Program; and
Whereas, based on said environmental
review, the Housing and Community
Development Department has determined that
said project is categorically excluded under HUD
regulations at 24 CFR Part 58 from the National
Environmental Policy Act requirements; and
Whereas, a Notice of Intent to Request
Release of Funds for said program will be
published in a newspaper of general circulation;
and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a Notice of
intent to Request Release of Funds for the
Lead-Based Paint Hazard Reduction Grant
Program and to make the Environmental Review
Record for said projects available for. public
inspection and comment until 5:00 p.m. on
November 13, 2003. Such notice shall be in the
form of Exhibit "A" attached hereto and made a
part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Housing and Community Development
Department, 1805 Central, and Health Services,
300 Main, Dubuque, Iowa where said record
may be examined and copied by any interested
party.
.---..
Regular Session, November 3, 2003
355
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development seven (7) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized tQ consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar a$ the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent in his
official capacity as Mayor and on behalf of the
City of Dubuque, to accept the jurisdiction of the
federal courts if an action is brought to enforce
responsibilities in relation to environmental
review, decision-making and action.
Section 6. That the Mayor of the City of
Dubuque is and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 3" day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Request to Demolish: Historic Preservation
Commission recommending approval of a
request to demolish a second story catwalk at
1598 Central Avenue, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Michalski. Motion carried 7-0.
Quarterly Investment Report: City Manager
submitting the Quarterly Investment Report for
the quarter ending September 30, 2003,
presented and read. Buoi moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Adams Company - Acceptance of Deed:
Corporation Counsel recommending acceptance
of the deed for certain real estate from the
Adams Company, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
RESOLUTION NO. 437-03
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
THE ADAMS COMPANY
WHEREAS, the City of Dubuque entered into
a Development Agreement with The Adams
Company on May 19, 2003, which Development
Agreement included the purchase of the
following described real property in Dubuque
County, Iowa by the City of Dubuque:
Lot 1 in Adams Company's 2"' Addition, in the
City of Dubuque, Iowa, according to the
recorded Plat thereof
and:
WHEREAS, the terms of the Development
Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Deed from The Adams Company, a copy of
which is attached hereto.
2. The City Clerk is hereby authorized and
directed to record this Resolution and the Deed
with the Dubuque County Recorder.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Four Mounds Foundation: City Manager
recommending approval of a letter of support for
the Four Mounds Foundation to fundraise to
carry out their mission of preserving the Four
Mounds Estate and making it available to the
public for educational purposes, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
Gronen Adaptive Reuse: Communication from
the Historic Preservation Commission reiterating
their support for applications for low-income
housing tax credits as well as federal and state
historic tax credits for rehabilitation projects by
Gronen Adaptive Reuse, presented and read.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion
carried 7-0. '
Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Water Meter Repairworker I,
presented and read.
October 28, 2003
Honorable Mayor and
Members ofthe City Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the position of
Water Meter Repairworker I was given on
October 8, 2003. We hereby certify that the
individuals listed below have passed this written
356
Regular Session, November 3, 2003
examination and the vacancy for this position
should be made from this list and that this list is
good for two (2) years from above date.
WATER METER REPAIRWORKER I
Loras Mauer Steven Gerardy
Michael Hocking Mark Wiid
Jeffrey Mathewson Darren Nauman
Robert Cigrand, Jr. Steven Czipar
Robert Evans Steven Hoff
Richard Myers Jerry Kirton
Joel Detrick Randall Stecher
Kevin Welsh Terry Arensdorf
Robert Barry Duane Schreiber
Robert Boge Mark Hildebrand
Robert Kemp Michael Spoerl
Jennifer Becker Dale Burkle
Christopher Kennedy Kevin Merkes
Jason Mouring Richard Marr
John Richman Tony Donovan
Joseph Breson Chuck Kaas
Steven Pfeiffer Dennis Richey
Kevin Smith Jeffrey Simons
Respectfully submitted,
/s/ Merle Duehr, Chairperson
/s/ Loras Kluesner
/s/ Richard Wertzberger
Civil Service Commission
Buol moved that the communication be
received and filed and made a matter of record.
Seconded by Michalski. Motion carried 7-0.
Business License Refund: Request of Eagle
Food Centers, Inc. (2050 John F. Kennedy
Road) for a refund of their cigarette license in
the amount of $50.00, presented and read.
Buol moved that the communication be received
and filed and approved refund. Seconded by
Michalski. Motion carried 7-0.
Business Licenses
RESOLUTION NO. 438-03
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER
J.& P. O'Hara Inc. Happy Joe's ice Cream &
Pizza+(Sunday Sale) 855 Century
CLASS "CO BEER PERMIT
Iowa Oil Company lOCO Speede Shoppe #
93+(Sunday Sale) 3270 Dodge
>,~"~---~--,,-,~~._-
Molo Oil Company
(Sunday Saie)
Aldi Inc.
Big 10 Mart Car Wash+
1875 JFK Rd
Aldi # 30
2160 Holiday Dr
Passed, approved and adopted this 3rd day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 439-03
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR liCENSE
Sun's Corp Yen Ching Rest.
926 Main St.
Raysan Corp. Bridge Restaurant+
(Sunday Sale) 31 Locust St
CLASS 'E" LIQUOR LICENSE
Aldi inc. Aldi # 30
2160 Holiday Dr
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Cooper Development Company, LLC - Tax
Increment Financing: City Manager
recommending approval of Cooper Development
Company's application for Property Tax Rebates
for Historic Properties and that a public hearing
be set for November 17, 2003 and
communication from the Historic Preservation
Commission recommending approval of Cooper
Development Company's application for
Property Tax Rebates for Historic Properties,
presented and read. Cline moved that the
communications be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 440-03
FIXING THE DATE FOR A PUBLIC HEARING
ON THE ISSUANCE OF URBAN RENEWAL
TAX INCREMENT REVENUE OBLIGATIONS
_._-
Regular Session, November 3, 2003
357
AND A PROPERTY TAX REBATE
AGREEMENT RELATING THERETO WITH
COOPER DEVELOPMENT COMPANY AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF.
Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa, should
issue Urban Renewal Tax Increment Revenue
obligations, as authorized by Chapter 403 of the
Code of Iowa, and enter into a Property Tax
Rebate Agreement relating thereto with Cooper
Development Company, for the purpose of
carrying out a project as hereinafter described;
and
Whereas, before said obligation may be
approved, Section 403.9 of the Code of Iowa
requires that the City Clerk publish a notice of
such proposed action and of the time and place
of the meeting at which the City Council
proposes to take action thereon and to receive
oral and/or written objections from any resident
or property owner of said City to such action.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council meet in the
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, at 6:30 p.m. on the 17th day
of November, 2003, for the purpose of taking
action on the matter of the issuance of Urban
Renewal Tax Increment Revenue obligations
and the approval of a Property Tax Rebate
Agreement relating thereto with Cooper
Development Company, the proceeds of wihich
will be used to carry out certain of the special
financing activities described in the Urban
Renewal Plan for the Downtown Urban Renewal
District, including the funding of property tax
rebates for the rehabilitation of historic
structures to said developer pursuant to a
Property Tax Rebate Agreement entered into
with Cooper Development Company under the
terms and conditions of said Urban Renewal
Plan. It is expected that the aggregate amount of
the Tax Increment Revenue obligations will be
$93,000 but that amount may vary due to
Property Tax Rebate increases and tax rate
adjustments.
Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a legal newspaper,
printed wholly in the Engiish language,
published at least once weekly, and having
general circulation in said City. Said publication
to be not less than four clear days nor more than
twenty days before the date of said public
hearing on the issuance of said obligations.
Section 3. That the notice of the proposed
action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 3rd day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set Public Hearing for 11/17/03 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. Seconded by
Nicholson. Motion carried 7-0.
Heritage Trail Extension Project from the
Heron Pond Wetlands to the Dubuque Jaycees
Trail: City Manager recommending initiation of
the bidding process for the Heritage Trail
Extension Project from the Heron Pond
Wetlands to the Dubuque Jaycees Trail and
setting a pubiic hearing for December 1, 2003,
presented and read.. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 441-03
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Heritage
Trail Extension Project from the Heron Pond
Wetiands to the Dubuque Jaycees Trail, in the
estimated amount $388,015.36 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 442-03
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for pubiic inspection
of the Heritage Trail Extension Project from the
Heron Pond Wetlands to the Dubuque Jaycees
Trail.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on the 1~
day of December, 2003, at 6:30 p.m. in the
Pubiic Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
358
Regular Session, November 3,2003
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 443-03
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Heritage Trail Extension Project from
the Heron Pond Wetlands to the Dubuque
Jaycees Trail is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 18th day of November, 2003. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 1" day of December,
2003.
Passed, adopted and approved this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Disposition of Real Property to Riverside
Baseball, LLC: City Manager recommending
adoption of a resolution initiating disposition by
lease of real property and improvements iocated
in the Port of Dubuque (ice Harbor Urban
Renewal District) to Riverside Baseball, LLC.,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 444-03
RESOLUTION (1) APPROVING THE MINIMUM
REQUIREMENTS, COMPETITIVE CRITERIA,
AND OFFERING PROCEDURES FOR
DISPOSITION OF CERTAIN REAL
PROPERTY AND IMPROVEMENTS IN THE
ICE HARBOR URBAN RENEWAL DISTRICT;
(2) DETERMINING THAT THE LEASE
SUBMITTED BY RIVERSIDE BASEBALL, LLC
SATISFIES THE OFFERING REQUIREMENTS
WITH RESPECT TO THE REAL PROPERTY
AND IMPROVEMENTS AND DECLARING THE
INTENT OF THE CITY COUNCIL TO
APPROVE THE LEASE WITH RIVERSIDE
BASEBALL, LLC IN THE EVENT THAT NO
COMPETING PROPOSALS ARE SUBMITTED;
AND (3) SOLICITING COMPETING
PROPOSALS.
Whereas, the City Council of Dubuque, Iowa,
did on March 4, 2002, adopt an Amended and
Restated Urban Renewal Pian for the Ice Harbor
Urban Renewal District (the "Plan") for the
Urban Renewal Area described therein; and
Whereas, such Plan provides, among other
things, for the disposition of properties for
private development purposes as a proposed
economic development action; and
Whereas, Riverside Baseball, LLC
("Developer") has submitted to the City a
proposal for the leasing of certain real property
and improvements hereinafter described for the
operation and management of a Class A
baseball team at the stadium facility to be
constructed as described therein (the "Lease"),
together with the request that this property be
made available for lease as rapidly as possible;
and
Whereas, in order to establish reasonably
competitive bidding procedures for the
disposition of the property in accordance with
the statutory requirements of Chapter 403, Code
of Iowa 2003, specifically, Section 403.8, and to
assure that the City extends a full and fair
opportunity to all developers interested in
submitting a proposal, a summary of submission
requirements and minimum requirements and
competitive criteria for the property offering is
included herein: and
Whereas, said Developer has tendered the
Lease with the City, attached hereto as Exhibit
"A": and
Whereas, to recognize both the firm proposal
for disposition of the real property and
improvements already received by the City, as
described above, and to give full and fair
opportunity tp other developers interested in
submitting a proposal for the use of the property,
this Council should by this Resoiution:
1) Set the fair market value of the real
property for uses in accordance with the Urban
Renewal Plan:
,;run""""_"",,,.,-, ,
Regular Session, November 3, 2003
359
2) Approve the minimum requirements and
competitive criteria included herein;
3) Approve as to form the Lease attached
hereto as Exhibit "A";
4) Set a date for receipt of competing
proposals and the opening thereof;
5) Declare that the proposal submitted by
Developer satisfies the minimum requirements
of the offering, and that in the event no other
qualified proposal is timely submitted that the
City Council intends to approve such proposal
and authorize the City Manager to sign the
Lease; and direct publication.of notice of said
intent;
6) Approve and direct publication of a notice
to advise any other person of the opportunity to
compete for lease of the real property and
improvements on the terms and conditions set
forth herein;
7) Declare that in the event another qualified
proposal is timely submitted and accepted,
another and future notice will be published on
the intent of the City to enter into the resulting
contract, as required by law.
Whereas, the City Council believes it is in the
best interest of the City and the Plan to act as
expeditiously as possible to lease the real
property and improvements as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real property and
improvements described in Exhibit "B" attached
hereto located in the Port of Dubuque and
delineated generally by 5th Street on the south,
Bell Street on the east and the railroad tracks on
the north and west (the "Stadium Property") shall
be offered for lease in accordance with the
terms and conditions contained In this
Resolution.
Section 2. That it is hereby determined that in
order to qualify for consideration for selection,
any person must submit a proposal which meets
these minimum requirements:
a} Contains an agreement to lease the
Stadium Property at not less than fair market
value established herein;
b) Contains a commitment to lease the
Stadium Property for use by a Class A baseball
team;
c) Sets out or provides to the satisfaction of
the City Council the proposed developer's
experience with similar baseball stadium
operation and team management;
Sets out or provides to the satisfaction of the
City Council the experience of the principals and
key staff who are directly engaged in
performance of contract obligations in carrying
out projects of similar scale and character; and
Meets, at a minimum, the terms and conditions
of the Lease submitted by the Developer.
Section 3. That the Lease by and between the
City and the Developer be and is hereby
approved as to form for the purposes hereinafter
stated.
Section 4. That for the purpose of defining the
offering of the Stadium Property for lease, said
Lease shall be deemed to be illustrative of the
terms acceptable to the City with respect to:
a) Annual lease payments;
b) Construction of leasehold improvements;
c) City participation;
d) Developer obligations:
e) General terms and conditions
Section 5. That the Lease submitted by the
Developer satisfies the requirements of the
offering and, in the event that no other qualified
proposals are timely submitted, that the City
Council intends to accept and approve the
Lease.
Section 6. That it is hereby determined that
the Developer possesses the qualifications,
financial resources and legal ability necessary to
lease the Stadium Property and to manage and
operate such in the manner proposed by this
offering in accordance with the Plan.
Section 7. That the annual lease payments for
the Stadium Property offered by the Developer
be and are hereby found and determined to be
the fair market value of the leasehold interest
being conveyed.
Section 8. That the City Clerk shall receive
and retain for public examination the attached
Lease submitted by the Developer and, in the
event no other qualified proposals are timely
submitted, shall resubmit the same to the City
Council for final approval and execution upon
expiration of the notice hereinafter prescribed.
Section 9. That the action of the City Council
be considered to be and does hereby constitute
notice to all concerned of the intention of this
Council, in the event that no other qualified
proposals are timely submitted, to accept the
proposal of the Developer to lease the Stadium
Property and to approve the Lease by and
between City and Developer.
Section 10. That the official notice of this
offering and of the intent of the City, in the event
no other qualified proposals are timely
submitted, to approve the Lease, shall be a true
copy of this Resolution, but without the
attachments referred to herein.
Section 11. That the City Clerk is authorized
and directed to secure immediate publication of
said official notice in the Telearaoh Herald, a
newspaper having a general circulation in the
community, by publication of the text of this
Resolution without attachments on or before the
6th day of November, 2003.
Section 12. That written proposals for the
lease of the Stadium Property will be received
by the City Clerk at or before 10:00 a.m.,
December 5, 2003 in the Office ofthe City Clerk,
360
Regular Session, November 3, 2003
located on the first fioor at City Hall, Dubuque,
Iowa 52001. Each proposal will be opened at
the hour of 10:00 a.m. in City Hall, Dubuque,
iowa on December 5, 2003. Said proposals will
then be presented to the City Council at 6:30
p.m., December 15, 2003, at a meeting to be
held in the Auditorium of the Carnegie-Stout
Public Library, Dubuque, Iowa.
Section 13. That such offering shall be in
substantial conformance with the provisions of
Section 403.8, Code of Iowa, requiring
reasonable competitive bidding procedures as
are hereby prescribed, which method is hereby
determined to be the appropriate method for
making the Stadium Property available for lease.
Section 14. That the required documents for
the submission of a proposal shall be in
substantial conformity with the provisions of this
Resolution.
Section 15. That the City Clerk is hereby
nominated and appointed as the agent of the
City of Dubuque, Iowa to receive proposals for
the lease of the Stadium Property at the date
and according to the procedure hereinabove
specified for receipt of such proposals and to
proceed at such time to formally acknowledge
receipt of each of such proposals by noting the
receipt of same in the Minutes of the Council;
that the City Manager is hereby authorized and
directed to make preliminary analysis of each
such proposal for compliance with the minimum
requirements established by this Council
hereinabove. For each proposal that satisfies
these requirements, the City Council shall judge,
the strength of the proposal by the competitive
criteria established hereinabove. The City
Council shall then make the final evaluation and
selection of the proposals.
Section 16. That in the event another qualified
proposal is timely submitted and accepted by
the City, another and further notice shall be
published of the intent of the City of Dubuque,
Iowa, to enter into the resulting contract, as
required by law.
Passed, approved and adopted this 3rd day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Authorization of a Loan Agreement and
Issuance of Not to Exceed $15,000,000 General
fund Capital Loan Notes: City Manager
recommending adoption of a Resolution Fixing
Dates for Meetings: for discussion of
authorization of a Loan Agreement and the
issuance of not to exceed $15,000,000 General
Fund Capital Loan Notes of the City of Dubuque,
Iowa and providing for publication of notice
thereof, presented and read. Cline moved that
,,~~."-,-"--
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 445-03
RESOLUTION FIXING DATES FOR
MEETINGS ON THE AUTHORIZATION OF A
LOAN AGREEMENT AND THE ISSUANCE OF
NOT TO EXCEED $15,000,000 GENERAL
FUND CAPITAL LOAN NOTES OF THE CITY
OF DUBUQUE, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF'
Whereas, It is deemed necessary and
advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan
Agreement and the issuance of General Fund
Capital Loan Notes to the amount of not to
exceed $15,000,000 as authorized by Section
384.24A, Code of Iowa, as amended, for the
purpose of providing funds to pay costs of
improving certain real property and carrying out
the project as hereinafter described; and
Whereas, the Loan Agreement and Notes shall
be payable from the general fund of the City;
and
Whereas, before a Loan Agreement may be
authorized and General Fund Capital Loan
Notes issued to evidence the obligations of the
City thereunder, it is necessary to comply with
the provisions of the Code of Iowa, as amended,
and to publish a notice of the proposal and of
the time and place of a discussion meeting at
which the Council will discuss whether to take
additional action for the authorization of the
Loan Agreement and Notes and to receive oral
and/or written objections from any resident or
property owner of the City to such action.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That this Council meet in the
Auditorium, Carnegie-Stout Public Library,
Dubuque, Iowa, at 6:30 o'clock P.M. on the 17th
day of November, 2003, for the purpose of
conducting a discussion meeting and public
hearing on the matter of the authorization of a
Loan Agreement and the issuance of not to
exceed $15,000,000 General Fund Capital Loan
Notes to evidence the obligations of the City
thereunder, the proceeds of which will be used
to pay costs of the acquisition, construction and
equipping of a minor ieague baseball stadium
facility and related improvements.
Section 2. That this Council meet in the
Auditorium, Carnegie-Stout Public LIbrary,
Dubuque, Iowa at 4:30 o'clock P.M. on the 18th
day of December, 2003 for the purpose of taking
additional action on the proposal to enter into
said Loan Agreement and issue said Notes for
the foregoing purpose, said meeting being held
no sooner than thirty days following the
discussion meeting referred to in Section 1
hereof.
" .-..-"""'---~~-
Regular Session, November 3, 2003
361
Section 3. That the City Clerk is hereby
directed to cause at least one publication to be
made of a notice of said discussion meeting, in a
legal newspaper, printed wholly in the English
language, published at least once weekly, and
having general circulation in said City, said
publication to be not less than ten clear days
before the date of said discussion meeting on
the proposed issuance of said Notes.
Section 4. The notice of the proposed action
shall be in substantially the following form:
Notice Of Discussion Meeting To Be Held By
The City Council Of The City Of Dubuque, Iowa
On The Matter Of The Proposed Authorization
Of A Loan Agreement And The Issuance Of Not
To Exceed $15,000,000 General Fund Capllal
Loan Notes, And The Public Hearing On The
Authorization And Issuance Thereof
PUBLIC NOTICE is hereby given that the City
Council of the City of Dubuque, Iowa, will hold a
discussion meeting and public hearing on the
17th day of November, 2003, at 6:30 o'clock
P.M. in the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa, at which meeting the
Council will discuss and consider whether to
take additional action for the authorization of a
Loan Agreement and the issuance of not to
exceed $15,000,000 General Fund Capital Loan
Notes, in order to pay costs of the acquisition,
construction and equipping of a minor league
baseball stadium facility and related
improvements. The proposed Loan Agreement
and Notes would be payable from the general
fund of the City. Principal and interest due from
the general fund of the City on the proposed
Loan Agreement and all other loan agreements
in force on the date of authorization will not
exceed ten percent of the last certified general
fund budget amount.
At the above meeting, the Council shall
receive oral or written objections from any
resident or property owner of the City to the
above action. Following said discussion
meeting the City Council will meet on the 18th
day of December, 2003, at 4:30 o'clock P.M. in
Conference Room B, City Hall, Dubuque, Iowa
at which meeting the Council may take
additional action for the authorization of said
Loan Agreement and the issuance of said Notes
to evidence the obligations of the City
thereunder.
At any time before the end of a thirty day
period following the discussion meeting to be
held on November 17, 2003, a petition, asking
that the question of entering into said Loan
Agreement and issuing such Notes be submitted
to the legal voters of said City, may be filed with
the City Clerk of said City in the manner
provided by Section 362.4 of the Code of iowa,
pursuant to the provisions of Section 384.24A of
the Code of Iowa.
This Notice is given by order of the City Council
of the City of Dubuque, Iowa, as provided by
Section 384.24A of the Code of Iowa, as
amended.
Dated this 5th day of November, 2003.
/s/ Jeanne F. Schneider
City Clerk, Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Cline moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Appointments to the following Boards /
Commissions:
Environmental Stewardship Advisory Com-
mission: (One youth member for a one-year
term and two 3-year terms through 10/1/06):
Applicants: Stephanie Beecher (Youth); Andrea
Bixler, Joseph D. Suarez. Markham moved that
Stephanie Beecher be appointed to the Youth
position which will expire 6/1/04 and that Andrea
Bixler and Joseph D. Suarez be appointed to
three year terms which will expire 10/1/06.
Seconded by Connors. Motion carried 7-0.
Historic Preservation Commission: (One
unexpired term through 7/1/05 for Old Main
District; two ~-year terms through 7/1/06 for At-
Large) Applicants: James E. Gibbs (At-Large);
Matthew Lundh (At-Large); Angella Marlatt (At-
Large); David C. Stuart (At-Large). Angela
Marlatt conveyed that she is withdrawing her
application. Vote on the appointments was as
follows: Buol voted for Gibbs and Stuart. Cline
voted for Gibbs and Stuart. Connors voted for
Gibbs and Stuart: Duggan voted for Gibbs.
Markham voted for Gibbs and Stuart. Michalski
voted for Gibbs and Stuart. Nicholson voted for
Gibbs and Stuart. Therefore, James E. Gibbs
and David C. Stuart were appointed to three
year terms which will expire 7/1/06.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to speak. Seconded by
Connors. Motion carried 7-0.
Sale of City Property - Medical Associates
Subdivision: Proof of publication on notice of
hearing to consider a request from Oak Park
Place of Dubuque, LLC, the developer of Lot 10
of Medical Associates Subdivision, to purchase
Lots 1, 2 and 3 of Medical Associates
Subdivision and City Manager recommending
approval, presented and read. Markham moved
that the proof and communication be received
362
Regular Session, November 3, 2003
and filed. Seconded by Nicholson. Motion
carried 7-0.
Bob Hartig, representing Oak Park Dubuque
LLC, spoke requesting the saie of this property.
RESOLUTION NO. 446-03
RESOLUTION DISPOSING OF CITY
INTEREST IN LOTS 1, 2, AND 3 OF MEDICAL
ASSOCIATES SUBDIVISION NO.3 IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of generai
circulation published in the City of Dubuque,
Iowa on this 24th day of October, 2003, the City
Council of the City of Dubuque, Iowa met on the
3" day of November, 2003, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lots 1, 2, and 3 of Medical Associates
Subdivision No.3 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposai to sell such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lots 1, 2, and 3 of
Medical Associates Subdivision No.3 in the City
of Dubuque, Iowa to Oak Park Place of
Dubuque, LLC, be and the same is hereby
approved for the cost of surveying, ,platting, title
search, publication, and filing fees. Conveyance
shall be by Quit Ciaim Deed.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Oak Park Place of Dubuque, LLC, upon receipt
of the purchase price in full.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 3"' day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2003 Local Law Enforcement Block Grant
Funds: Proof of publication on notice of hearing
to consider acceptance of the 2003 Local Law
Enforcement Block Grant award and City
,"---,,~
--,-
Manager recommending approval, presented
and read. Michalski moved that the proof and
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Buoi moved that the rules be reinstated limiting
discussion to the Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Special Election on Capital Improvements
Reserve Fund and Levy: City Manager
recommending that a special election on the
establishment of a Capital Improvement
Reserve Fund and ievy for a baseball stadium
be approved for December 16, 2003 and
communication from Dubuque Main Street in
support of the special election, presented and
read. Buol moved that the communications be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 447-03
RESOLUTION CALLING FOR A SPECIAL
CITY ELECTION ON THE PROPOSITION OF
ESTABLISHING A CAPITAL IMPROVEMENTS
RESERVE FUND AND LEVYING AN ANNUAL
TAX FOR SUCH FUND
WHEREAS, the City Council of the City of
Dubuque, Iowa, has deemed it necessary to call
for a special City election on the proposition of
establishing a capital improvements reserve
fund under Section 384.7 of the Code of Iowa,
and levying an annual tax for said fund upon all
the taxable property in the City, for the purpose
of accumulating monies to finance the cost of
the acquisition, construction, improving and
equipping of a new baseball stadium; and
WHEREAS, the Telegraph Herald is a legal
newspaper, printed wholly in the English
language, as defined by Section 618.3 of the
Code of Iowa, and is published in said City and
of general circulation therein:
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That there is hereby called a special
City election on Tuesday, the 16th day of
December, 2003, at which election there shall
be submitted to the registered voters of said City
the following question, to-wit:
"Shall the City of Dubuque, Iowa establish a
capital improvements reserve fund and certify
taxes to be levied for such fund against all
taxable property within the City, in addition to all
other taxes, in the amount of thirty-four cents
($.34) per thousand dollars ($1,000) of taxable
value in anyone year for a period not to exceed
twenty (20) years, commencing with the levy of
taxes for collection in the fiscal year beginning
---_.._..,~,
Regular Session. November 3, 2003
363
July 1, 2004 and continuing for nineteen (19)
additional years thereafter, for the purpose of
accumulating moneys to pay costs of the
acquisition, construction, improving and
equipping of a new baseball stadium?"
Section 2. That the voting piace or places for
said election, and the hours the polls shall be
opened and closed shall be as set out in the
notice of election, said notice to be prepared and
approved by the County Commissioner of
Elections.
Section 3. That the form of ballot to be used at
said election shall be of the type authorized by
the Code of Iowa that will permit the use of
electronic counters and will be in substantially
the form set forth in the Notice of Election. That,
if more than one public measure shall be
submitted to the electors at the time of the said
election, all such measures shall be printed
upon one ballot.
Section 4. That the Election Board for the
voting precinct or precincts shall be appointed
by the County Commissioner of Elections, not
less than 15 days before the date of said
election, a certified copy of which appointment
shall be officially placed on file in the office of
the Clerk of said City.
Section 5. That the Auditor of Dubuque
County, Iowa, being the County Commissioner
of Elections, is hereby directed to publish the
notice of election once in the Telegraph Herald
being a legal newspaper, printed wholly in the
English language, as defined by Section 618.3
of the Code of Iowa, published in said City and
of general circulation therein, said publication to
be not less than four clear days nor more than
twenty days prior to the date of said election.
Section 6. That the County Commissioner of
Elections shall cause to be prepared all such
ballots and election registers and other supplies
as may be necessary for the proper and legal
conduct of said election. The Clerk is hereby
authorized and directed to cooperate with said
Commissioner of Eiections and to do and
prepare all necessary matters in order to make
said election legal and valid.
Section 7. That the Clerk is hereby directed to
file a certified copy of this Resolution in the
office of the County Commissioner of Elections,
which filing shall also constitute the "written
notice" to the County Commissioner of Elections
of the election date required to be given by the
governing body under the provisions of Chapter
47 of the Code of Iowa.
PASSED AND APPROVED, this 3rd day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Vision Iowa Application: City Manager
recommending approval of the submission of a
Vision Iowa application in the amount of $3.6
million for a baseball stadium, presented and
read. Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 448-03
A RESOLUTION AUTHORIZING THE FILING
OF A VISION IOWA APPLICATION AND
COMMITTING THE LOCAL MATCH FOR THE
PROJECT
Whereas, the City Council of Dubuque, Iowa
has identified the redevelopment of the Port of
Dubuque as a high priority, and
Whereas, the Riverside Baseball, LLC has
announced their intention to locate a minor
league professional baseball team in Dubuque,
subject to the execution of a lease agreement
for a new baseball stadium; and
Whereas, Dubuque Initiatives, a private, non-
profit corporation whose mission is the
redevelopment of Downtown Dubuque, has
completed a feasibility study, preliminary cost
estimates, and schematic layouts of a baseball
stadium on property in the Port of Dubuque; and
has recommended a financing plan to the City,
including Vision Iowa funding; and
Whereas, the Iowa Legislature has created the
Vision Iowa program, which supports projects
that expand the cultural, recreational, and
entertainment opportunities in the state;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for
$3,600,000 for Vision Iowa funding for a new
baseball stadium project is hereby approved.
Section 2. That the Mayor is hereby
authorized to execute, and the City Manager is
hereby directed to submit a Notification of Intent
to Apply, and the full application to the Vision
Iowa Board together with other attachments as
may be required.
Section 3. That the City assures that balance
of the funding required for the baseball stadium
project will be arranged for and provided by the
City.
Passed, approved, and adopted this 3"' day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk.
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Library Board of Trustees: Communication
from Thomas A. Tully, President of the
Carnegie-Stout Public Library Board of Trustees,
requesting a work session with the City Council
to discuss the proposed Library renovation
/restoration project, presented and read.
364
Regular Session, November 3, 2003
Michalski moved that the communication be
received and filed and directed the City Manager
to schedule a work session after 1/1/04 and
before the budget process begins. Seconded by
Nicholson. Motion carried 7-0.
Chestnut Street (Highland to Cox)
Reconstruction Project (Tabled on 10/20/03):
Nicholson moved that this matter be removed
from the table. Seconded by Michalski. Motion
carried 7-0.
Communication from the Historic Preservation
Commission regarding the Chestnut Street
Reconstruction Project and City Manager
recommending award of the contract for the
Chestnut Street (Highland to Cox)
Reconstruction Project to WC Stewart
Construction Co., in the amount of $471 ,823.09,
offering to leave trees if a lien waiver is signed,
and requesting Council direction on brick
crosswalks and the limestone curb and gutter,
presented and read. Buol moved that the
communications be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 449-03
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Chestnut Street
(Highland to . Cox) Reconstruction Project
pursuant to Resolution No. 340-03 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 19th day of
September, 2003.
Whereas, said sealed proposals were opened
and read on the 9th day of October, 2003, and it
has been determined that the bid of WC Stewart
Construction Co. of Dubuque, Iowa, in the
amount of $471,823.09 was the lowest bid for
the furnishin9s of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to WC Stewart Construction Co.
and the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3" day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution and
with the conditions allowing trees targeted for
.._----~.
removal to stay if the property owner signs a lien
waiver and allowing the installation of limestone
curb and gutters at the property owner's
expense. Seconded by Connors. Motion
carried 7-0.
Warehouse Demolition Districts: Commun-
ication from the Historic Preservation
Commission requesting City Council direction
regarding Warehouse Demolition Districts,
presented and read. Chris Olson, Vice President
of the Historic Preservation Commission,
explained the request. Michalski moved that this
matter be tabled until completion of the
downtown master plan. Seconded by Buol.
Motion carried 7-0.
Street Banners in Historic Districts:
Communication from the Historic Preservation
Commission requesting that in the future the
Commission be allowed to serve as an advisory
design review body to the City Council on the
design, size and composition of street banners
located in the historic districts, presented and
read. Michalski moved that the communication
be received and filed and referred to Staff.
Seconded by Connors. Motion carried 7-0.
Legislative Issues: City Manager
recommending approval of the City of
Dubuque's 2004 Legislative Issues, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
U.s. Department of Housing and Urban
Development: Communication from the U.S.
Department of Housing and Urban Development
advising that the City's overall progress for
Program Year 2002 was successful, presented
and read. Michalski moved that the
communication be received and filed and
congratulated City staff. Seconded by Connors.
Motion carried 7-0.
Awards:
International Economic Development Council
2003 Honorable Mention Partnership Award
presented to the City of Dubuque in recognition
of the America's River Partnership;
Communication from the National League of
Cities congratulating the City of Dubuque on
winning Honorable Mention in the Partnership
category of the 2003 Economic Development
Awards presented by the International Economic
Development Council and communication from
the Iowa Ready Mixed Concrete Association
advising that the Mississippi Riverwalk Phase II
project has been selected as the recipient of the
Recreational Trails/Goff Cart Paths Category
Award for 2003, presented and read.
-~----_._-""
Regular Session, November 3, 2003
365
Nicholson moved that the communications be
received and filed. Seconded by Ciine. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Nicholson advised that the January 19th
Council meeting will confiict with the presidential
caucuses. Nicholson moved that the time of the
1/19/04 meeting be changed to commence at
3:00 P.M. Seconded by Michalski. Motion
carried 7-0.
PUBLIC INPUT
Katie Krieg, President of Dubuque Initiatives,
distributed the press release about the proposed
baseball stadium.
Wa~ Pregler, 2966 Shiras, representing the
Dubuque Boat Club, questioned whether the
relocation of the maintenance shop of the Water
Department would result in eminent domain and
loss of business in the area around the boat
club. City Manager Van Milligen responded that
this was not the case.
At 7:56 P.M. Markham moved to go into
Closed Session - Pending Litigation - Chapter
21.5(1)(c} 2003 Code of Iowa. Seconded by
Buol. Motion carried 7-0.
At 8:27 Council reconvened Regular Session
stating staff had been given proper direction.
There being no further business, Markham
moved to adjoum. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 8:28
P.M.
Isl Jeanne F. Schneider, CMC
City Clerk
11 11/12
2004
Approved:
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
366
Special Session, November 10, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, November 10,
2003
Council Met at 6:30 P.M. in the Public Library
Auditorium
Present: Mayor Pro-Tem Cline, Council
Members Buol, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl.
Absent: Mayor Duggan
Mayor Pro-Tem Cline read the call and stated
this is a Special Session of the City Council
called for the purpose of discussing the Fiscal
Year 2004 Operating Budget.
Discussion on departments in the following
order: Airport, Building Services, Cable TV, City
Clerk, City Council, City Manager's Office, Civic
Center, Economic Development, Emergency
Communication, Emergency Management,
Engineering, Finance, Fire, Health,
Housing/Community Development, Human
Rights, Information Services, Legal, Library,
Operations and Maintenance, Parking System,
Parks, Planning Services, Police, Purchase of
Services, Recreation, Transit, Water Plant,
Water Pollution Control Plant.
In response to a question, staff explained that
"seasonal employees" are used in various
departments when additional help is needed for
a limited amount of time (i.e., yard waste
collection, lifeguards). It was also explained that
"enterprise funds" (i.e., water, parking) are those
departments that are 100% self-supporting.
Council Member Markham requested that
Council be provided with a sheet for each
departmenUdlvision detailing the amount of
property tax support, federal assistance, etc. the
department receives.
Council commended staff on the amount of
work that is done and questioned whether there
was sufficient staff support for all of the projects
being undertaken.
Consensus was reached that at the next
reguiar City Council meeting there would be a
discussion of what the Council expected for
Fiscal Year 2005 departmental budget
presentations.
There being no further business, Markham
moved to adjourn. Seconded by Connors.
,~-~-~ ~
Motion carried 6-0.
7:40 p.m.
The meeting adjourned at
11 11/19
/s/ Jeanne F.,Schneider, CMC
City Clerk
Approved:
2004
2004
Adopted:
Mayor
Attest:
Council Members
City Clerk
Special Session, November 12, 2003
367
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, November 12,
2003
Council met in special session at 5:30 p.m. at
the Dubuque Greyhound Park and Casino
Present: Mayor Duggan, Council Members Buol,
Cline, Connors, Markham, Michalski, Nicholson,
City Manager Van Milligen, Corporation Counsel
Lindahl
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing legislative issues.
The City Council, County Board of
Supervisors, School Board Members, and
representatives of the Holy Family Catholic
School System met with area legislators to
discuss issues of concern for the upcoming
legislative session.
There being no further business, upon
consensus meeting adjourned at 7:45 p.m.
/sl Jeanne F. Schneider
City Clerk
1t 11/19
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
368
Regular Session, Novemb~r 17, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, November 17,
2003
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, CITY Manager Michael Van Miiligen,
Corporation Counsei Barry Lindahl
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend Andrew
Eagan, Pastor of St. Thomas of Canterbury
Anglican Church.
Prociamation: Hunger and Homelessness
Awareness Week received by Reverend Andrew
Eagan.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 10/30,11/3 and 11/10; Electrical Code Board
of 11/3; Historic Preservation Commission of
10/23: Housing Code Appeals Board of 10/21:
Park and Recreation Commission of 10/14;
Zoning Advisory Commission of 10/1: Zoning
Board of Adjustment of 10/29, presented and
read. Buol moved that the minutes be received
and filed. Seconded by Markham. Motion
carried 7-0.
Proofs of publication of City Council
Proceedings for October 20, 2003 and List of
Claims and Summary of Revenues for month
ending September 30, 2003, presented aDd
read. Buol moved that the proofs be received
and filed. Seconded by Markham. Motion
carried 7-0.
Finance Director submitting the City of
Dubuque Financial Reports for month ending
October 31, 2003, presented and read. Buol
moved that the communication and report be
received and filed. Seconded by Markham.
Motion carried 7-0.
Notice of Claims/Suits: Coghlan, Kukankos,
Cook LLC for personal injury of Trevor Hingtgen;
Farner Bocken Company for vehicle damage;
Yvonne Coilins for personal injury; Gregory
Jelinek, Jr. for personai injury; Delbert C. Keuter
~ ----
for vehicle damage; Scott Spensley for property
damage; Lori Weig for property damage,
presented and read. Buol moved that the
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Coghlan,
Kukankos, Cook LLC for personal injury of
Trevor Hingtgen; Yvonne Collins for personal
Injury; Farner Bocken Company for vehicle
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, presented and
read. Buol moved that the communications be
received and filed and approved
recommendations and Finance Department to
issue proper payment. Seconded by Markham.
Motion carried 7-0.
Eagle Point Bluffs: Communication from
Brenda Palmer regarding the Eagle Point Bluffs
and the condominium project, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
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 platting fees, plus $1.00,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Tri-State Community Health Center:
Communication of City Manager Michael C. Van
Milligen to the Bureau of Primary Health Care in
support of the Tri-State Community Health
Center's application for a federally qualified
community health center, presented and read.
Buol moved that the communication be received
and filed and approved letter of support.
Seconded by Markham. Motion carried 7-0.
Adams Company vs. City of Dubuque:
Corporation Counsel advising that the Adams
Company has dismissed its lawsuit against the
City, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Development advising that on
..~--~_.
Regular Session, November 17, 2003
369
October 16, 2003, the Iowa Department of
Economic Development approved the
Community Economic Betterment Account
Application (CEBA) for Shepherd Incorporated,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Proposed Baseball Stadium: Two
communications from citizens urging a "no" vote
on the referendum and one communication
regarding the location of the stadium with a
response from the City Manager regarding the
proposed location, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Kopp's John F. Kennedy Addition No.2 - Final
Plat: Zoning Advisory Commission
recommending approval of the final plat of John
F. Kennedy Addition No.2 as requested by Lyle
Kopp, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 450-03
RESOLUTION APPROVING THE FINAL PLAT
OF KOPP'S JFK ADDITION NO.2 IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a Final Plat of Kopp's JFK addition No.2:
and
Whereas, said plat provides Lots 2 and 4 with
0 feet of lot frontage, where 50 feet of lot
frontage is required; and
Whereas, said Final Plat has been examined
by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said Final Plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lots
2 and 4 with 0 feet of lot frontage, where 50 feet
of lot frontage is required.
Section 2. That the Final Plat of Kopp's JFK
Addition No.2 is hereby approved, and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 17th day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Iowa Department of Economic Development-
Grant Contract for Downtown Planning: City
Manager recommending approval of an
extension to the Iowa Department of Economic
Development grant contract for downtown
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. Staff was directed to schedule a
work session regarding the Downtown Plan.
Burlington Northern Railroad Depot
Restoration Project - Acceptance: City Manager
recommending acceptance of the Burlington
Northem Railroad Depot Project - Contract #2 -
Roof, Gutters and Downspouts, as completed by
A & G Electric Company in the final contract
amount of $78,430.86, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0.
RESOLUTION NO. 451-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 15A - Electrical has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 452-03
FINAL ESTIMATE
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 15A - Electrical has been
370
Regular Session, November 17, 2003
completed and the City Eng.ineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $78,430.86 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount .from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Woodward Museum - 2002 Renovations
Project - Contract #2 - Acceptance: City
Manager recommending acceptance of
Woodward Museum - 2002 Renovations Project
Contract #2 as completed by T & K Roofing and
Sheet Metal Company in the final contract
amount of $93,490, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
RESOLUTION NO. 453-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.2 - Roof, Gutters and Downspouts has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contracts, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
of said improvement is hereby determined to be
$93,490.00 and the said improvement shall be
paid by the City as provided for therein, and the
City shall be reimbursed in the amount of 30% of
said contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption oi the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 454-03
FINAL ESTIMATE
Whereas, the contract for the Woodward
Museum - 2002 Renovations Project, Contract
No.2 - Roof, Gutters and Downspouts has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $93,490.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 30% of said
contract amount from the Dubuque County
Historical Society and 70% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Abstract of Votes: Submittal of the Abstract of
Votes for the November 3, 2003 City Council
election, presented and read. Buol moved that
the Abstract of Votes be received and filed.
Seconded by Markham. Motion carried 7-0.
Legislative Correspondence: Communication
of City Manager to Senators Charles Grassley
and Tom Harkin urging them to oppose efforts to
pass damaging legislation as a part of an
appropriations bill, to oppose attempts to limit
debate, and to support the amendment offered
by Senators Carper and Alexander to extend the
present moratorium to 2005, presented and
read. Buol moved that the communication be
received and filed and approved letters.
Seconded by Markham. Motion carried 7-0.
Regular Session, November 17, 2003
371
Letter of Support - Cabela's Walleye
Toumament: City Manager recommending
approval of a letter supporting the efforts of the
Dubuque Area Chamber of Commerce and the
Grand Harbor Resort and Waterpark to attract
the 2005 Cabela's National Walleye Tournament
to Dubuque, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Markham. Motion carried 7-0.
Letter of Appreciation: Communication from
Mary Ann Kress, Alverno Apartments,
expressing appreciation to the Council for their
good work in guiding the City, especially
regarding Wal-Mart, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Iowa's Mississippi River Trail Plan: City
Manager recommending approval of the
submittal of comments to the Iowa Department
of Transportation regarding the Iowa Mississippi
River Trail Plan, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 455-03
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Jumpers Sports Bar
2600 Dodge St
Passed, approved and adopted this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
DM Sports Bar, Inc.
RESOLUTION NO. 456-03
BEER
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Rainbo Oil Company Kwik Stop Food Mart+
(Sunday Sale) 2297 University Av
Passed, approved and adopted this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 457-03
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Aragon Tap, Inc. Aragon Tap +
(Sunday Sale) 110310waSt
DM Sports Bar, Inc Jumpers Sports Bar & Grill+
(Sunday Sale) 2600 Dodge St
Point Restaurant, Inc Point Restaurant+
(Sunday/Outdoor Sale) 2370 Rhomberg
SPECIAL CLASS "C" LIQUOR
Mandarin Garden Buffet, Inc Mandarin Garden
Buffet+(Sunday Sale) 55 JFK Rd
CLASS "B" WINE
P.S. I Love You, Inc. P.S. I Love You
730 Main St
Passed, approved and adopted this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
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 public hearing be
set for December 1, 2003 to consider a request
from Damian 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, presented and read.
Markham moved that the communication be
372
Regular Session, November 17, 2003
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 458-03
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PART OF THE
EXISTING ALLEY IN BLOCK 1 OF SUNSET
PARK SUBDIVISION NO.3 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, iowa, a plat
dated the 4th day of November, 2003, prepared
by William Burger, Land Surveyor, describing
the proposed vacated portion of the existing
alley in Block 1 of Sunset Park Subdivision No.3
in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated 4th day of
November, 2003, prepared by William Burger,
Land Surveyor, relative to the real estate
hereinabove descriBed be and the same is
hereby approved, and the Mayor and City Clerk
be and they are hereby authorized and directed
to execute said plat for and on behail of the City
of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.,
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa, as shown on the Plat
of Survey of Lot 1A of Block 1 in Sunset Park
Subdivision No.3 in the City of Dubuque,
Dubuque County, Iowa.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
An Ordinance Vacating a part of the existing
alley in Block 1 of Sunset Park Subdivision No.3
in the City of Dubuque, Dubuque County, Iowa,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 84-03
ORDINANCE VACATING A PART OF THE
EXISTING ALLEY III! BLOCK 1 OF SUNSET
,,~----
--..~ ,
PARK SUBDIVISION NO.3 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Damian F. Arensdorf has requested
the vacating of a part of the existing alley in
Block 1 of Sunset Park Subdivision No.3 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, William Burger, 'Land Surveyor, has
prepared and submitted to the City Council a
plat showing the vacated portion of the existing
alley in Block 1 of Sunset Park Subdivision No.3
in the City of Dubuque, Dubuque County, Iowa
and assigned lot numbers thereto, which
hereinafter shall be known and described as Lot
1A of Block 1 in Sunset Park Subdivision No.3
in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that a part of the
existing alley in Biock 1 of Sunset Park
Subdivision No.3 in the City of Dubuque, Iowa
is no longer required for public use, except for
utility easements as noted, and vacating of said
portion of the existing alley in Block 1 of Sunset
Park Subdivision No.3 known as Lot 1A of
Block 1 in Sunset Park Subdivision No.3, in the
City of Dubuque, Dubuque County, Iowa should
be approved.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 1A of Block 1 in Sunset Park Subdivision No.
3, in the City of Dubuque, Dubuque County,
Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone,
television cable, fiber optics, and electric lines as
may be authorized by the City of Dubuque,
Iowa, as shown on the Plat of Survey of Lot 1A
of Block 1 in Sunset Park Subdivision No.3 in
the City of Dubuque, Dubuque County, Iowa.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph ,Herald
newspaper this 24th day of November, 2003.
Jeanne F. Schneider, City Clerk
11 11/24
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
-- ---
._,,--,
Regular Session, November 17, 2003
373
RESOLUTION NO. 459-03
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 1A OF BLOCK 1 IN
SUNSET PARK SUBDIVISION NO.3 IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, Damian F. Arensdorf haS requested
the vacating of a part of the existing alley in
Block 1 of Sunset Park Subdivision No.3 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, William Burger, Land Surveyor, has
prepared and submitted to the City Council a
plat showing the vacated portion of the existing
alley in Block 1 of Sunset Park Subdivision No.3
in the City of Dubuque, Dubuque County, Iowa
and assigned lot numbers thereto, which
hereinafter shall be known and described as Lot
1A of Block 1 in Sunset Park Subdivision No.3
in the City of Dubuque, Dubuque County, Iowa:
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this part of
the existing alley in Block 1 of Sunset Park
Subdivision No.3 is no longer required for public
use, except for utility easements as noted, and
vacating and sale of said portions of alleys and
streets known as Lot 1A of Block 1 in Sunset
Park Subdivision No.3 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest In Lot 1A of Block 1 in
Sunset Park Subdivision No.3 in the City of
Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 1A of
Block 1 in Sunset Park Subdivision No.3 in the
City of Dubuque, Dubuque County, Iowa, to the
Damian F. Arensdorf be contingent upon the
payment of $1.00, plus the cost of surveying,
platting, and publication and filing fees.
Section 3. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone,
television cable, fiber optics, and electric lines as
may be authorized by the City of Dubuque, Iowa
as shown on the Plat of Survey of Lot 1A of
Block 1 in Sunset Park Subdivision No.3 in the
City of Dubuque, Dubuque County, Iowa.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution
and set this for Public Hearing on 12/1/03 at a
meeting to commence at 6:3.0 P.M. in the public
library auditorium and that the City Clerk pubiish
notice in the manner prescribed by law.
Seconded 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 Extension Project and setting a public
hearing for December 15, 2003, presented and
read. Markham moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
RESOLUTION NO. 460-03
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Whereas, the proposed plans, specifications'
and form of contract for the installation of
approximately 1,400 feet of 16 inch ductile Iron
water main along Seippel Road in the estimated
amount of $95,600 dollars have been prepared
by IIW Engineers of Dubuque Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications
and form of contract are approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, approved and adopted this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 461-03
FIXING DATE FOR HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given it preliminary approval
on the proposed plans, specifications, and form
of contract and placed same on file in the office
of the City Clerk for public inspection of the
construction of approximately 1,400 feet of 16"
ductile iron water main along Seippel Road with
accessories.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 15th day of December, 2003 a
public hearing will be held at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be herd for
or against the proposed pians and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published In a
374
Regular Session, November 17, 2003
newspaper having general circuiation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for this consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted, and approved this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution,
Seconded by Cline, Motion carried 7-0.
RESOLUTION NO. 462-03
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE,IOWA:
Section 1. That the installation of
approximately 1,400 feet of 16 inch ductile iron
water main along Seippel Road 1,400 feet of 6
inch ductile iron with accessories is hereby
ordered to be advertised for bids for
construction.
Section 2. That the amount of the security to
accompany each bid shall be in amount which
shall conform to the provisions of the notice to
bidders hereby approved as part of the plans
and specifications heretofore adopted.
Section 3. That the City Clerk is hereby
directed to advertise for bids for the construction
of the improvement herein provided to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor more
than twenty days prior to the receipt of said bids
at 2:00 p.m. on the 4th day of December, 2003.
Bids shall be opened and read by the City Clerk
at said time and will be submitted to the Council
for the final action at 6:30 p.m. on the 15'h day of
December, 2003.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Eagle Valley Subdivision Water Main and
Service Line Extension Project: City Manager
recommending initiation of the bidding process
for the Eagle Valley Subdivision Water Main and
Service Line Extension Project and setting a
public hearing for December 15, 2003,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 463-03
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Eagle
Valley Subdivision Water Main and Service Line
Extension Project in the estimated amount of
$75,000 are hereby approved and ordered filed,
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 17'h day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 464-03
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Eagle Valley Subdivision Water Main and
Service Line Extension Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 15'h
day of December, 2003 at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract or estimated cost of the
improvement.
Passed, adopted and approved this 17'h day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 465-03
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
~----
Regular Session, November 17, 2003
375
That the Eagle Valley Subdivision Water Main
and Service Line Extension Project is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to the
provisions of the Notice to Bids hereby approved
as a part of the plans specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 41h day of December, 2003. Bids shall be
opened and read by the City Clerk at said time
and will submitted to the Council for final action
at 6:30 p.m. on the 15th day of December, 2003.
Passed, adopted and approved this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
BOARDSICOMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory
Commission (One 3-Year Term to Expire
10/1/05): Applicant: Wayne Klostermann. No
one spoke.
Housing Commission (One 3-Year Term to
Expire 8117/04): Applicant: Dorothy
Schwendinger, OSF. No one spoke.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Connors. Motion carried 7-0.
Joseph and Ruth Siegert I Dubuque
Community School District: Proof of publication
on notice of hearing to consider rezoning
property located on Radford Road near
Saratoga Road from AG Agricultural District to
R-1 Single-Family Residential District at the
request of Joseph and Ruth Siegert/Dubuque
Community School District and Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Attorney Doug Henry, on behaW of the
Dubuque Community School District, spoke in
support of the rezoning.
An Ordinànce Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located west of Radford
Road and south of Saratoga Road from AG
Agricultural District to R-1 Single-Famliy
Residential District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 85-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED WEST OF
RADFORD ROAD AND SOUTH OF
SARATOGA ROAD FROM AG
AGRICULTURAL DISTRICT TO R-1 SINGLE-
FAMILY RESIDENTIAL.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from AG
Agricultural District to R-1 Single-Family
Residential District, to wit:
Lot 2 Siegert Farm No.2, and to the centerline
of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
- Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17'h day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 241h day of November, 2003.
Jeanne F. Schneider, CMC, City Clerk
11 11/24
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and furtiher moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Request to Rezone Property - 468 Lincoln
Avenue: Proof of publication on notice of hearing
to consider rezoning property located at 468
Lincoln Avenue from R-2A Altemate Two-Family
Residential District to CS Commercial Service
and Wholesale District at the request of Jay
WingerlWinger Construction, LLC and Zoning
Advisory Commission recommending approval,
376
Regular Session, November 17, 2003
with conditions. City Manager submitting
photographs of the Winger Construction site
previously located in the Port of Dubuque, an
Ordinance amending Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at 468 Lincoln
Avenue from R-2A Alternate Two-Family
Residential District to CS Commercial Service
and Wholesale District, and City Manager
requesting that rezoning of this property be
tabled until after completion of the alignment and
design study for the Bee Branch Creek
Restoration Project is completed and that a
moratorium on rezoning and building permits for
expansion in this area be considered, presented
and read. Michaiski 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 public library
auditorium. Seconded by Nichoison. Carried by
the following vote: Yeas-Buol, Cline, Connors,
Michalski, Nicholson. Nays-Duggan, Markham.
Mr. Winger spoke objecting to any delay in the
proposed rezoning.
Equity Builders/Peter Eck - Amend Planned
Unit Development District: Proof of publication
on notice of hearing to consider amending the
Planned Unit Development District at the
northwest comer of Tanzanite Drive and
Sapphire Circie with a Planned Residential
Designation to facilitate development of forty
new housing units at the request of Equity
Builders/Peter Eck and Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Peter Eck spoke in favor of the rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
of Ordinances No. 10-99 and 96-02, which
adopted regulations for the Emerald Acres No.2
PUD Planned Unit Development District and
approving an amended ordinance for the
Emerald Acres No.2 Planned Unit Development
District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 86-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
PROVIDING FOR THE AMENDMENT OF
ORDINANCES NO. 10-99 AND 96-02, WHICH
ADOPTED REGULATIONS FOR THE
EMERALD ACRES NO.2 PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DESIGNATION AND
APPROVING AN AMENDED ORDINANCE
-,~ , ".,
, -
"""---,,,
FOR THE EMERALD ACRES NO.2 PUD
PLANNED UNIT DEVELOPMENT DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by providin9 for
the amendmènt of ordinances 10-99 and 96-03,
which adopted regulations for the Emerald Acres
No.2 PUD Planned Unit Development District
with a PR Planned Residential designation, and
approving an 'amended Ordinance for the
Emerald Acres No.2 PUD Planned Unit
Development District, a copy of which is
attached to and made a part hereof, to wit:
Lot 28 Emerald Acres No.2, and to the
centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (2001), and as an express condition of the
reclassification, the undersigned property
owners agrees to the following conditions, all of
which the property Owners further agrees are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Requlations.
The following regulations shall apply to all uses
made of land in the above-described PUD
District:
1) Principal permitted uses for Zone A shall be
limited to:
a) Single-family detached dwellings--[11].
2) Principal permitted uses for Zone B shall be
limited to:
a) Single-family detached dwellings-[11].
b) Two-family dwelling (duplex)--[11].
c) Multi-family dwelling (maximum six (6)
dwelling units)--[9 . .
d) Townhouses (maximum six (6) dwelling
units)--[11].
3) Accessory uses shall include any use
customarily incidental and subordinate to the
principal use it serves.
[ ] Parking groupo-see Section 4-2 of the
Zoning Ordinance.
B. Lot and Bulk Requlations.
Development of land in the PUD District shall be
regulated as follows:
1) Lots for single-family dwellings shall meet
bulk regulations set forth in the Zoning
Ordinance for the R,1 Single-Family Residential
District.
2) All multi-family residential structures within
Zone B in the Pianned Residential development
shall meet bulk regulations set forth in the
Zoning Ordinance for the R-3 Moderate Density
Multi-Family Residential District.
3) As an alternative, development of Zone B
may proceed in substantial conformance with
the attached conceptual plan.
"_.~-
Regular Session, November 17, 2003
377
C. Performance Standards.
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards:
1) Proposed public streets in the Planned
Residential development shall be designed and
bum to City Engineering specifications.
2) Tanzanite Drive shall be constructed to a
width of 37 feet.
3) Erosion control devices shall be provided
during all phases of construction of the Planned
Residential development.
4) Parking requirements for allowed uses
shall be as per the parking group for the
designated use, in accordance with Section 4-2
ofthe Zoning Ordinance.
5) Sidewalks shall be provided adjoining all
public streets.
6) Storm water control facilities will be
installed as per City Engineering requirements.
7) Final stle development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreational Areas
Open space and landscaping in the PUD District
shall be regulated as follows:
1) Those areas not designated on the
conceptual plan for development shall. be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance, by the
property owner and/or association.
E. Siqn Reoulations.
Signs in the PUD District shall be regulated as
follows
1) Signs shall be allowed in the Planned
Residential deveiopment in accordance with the
R-1 sign regulations of the Zoning Ordinance.
F. Additional Standards.
1) That the attached conceptual development
plan shall constitute a preliminary subdivision
plat, in accordance wtlh Chapter 42, Subdivision
Regulations, of the City of Dubuque Code of
Ordinances.
2) That the property between the south right-
of-way line of Tanzanite Drive and the south
property line of Lot 2 of Lot 1 of SE 1/4 of SE
1/4, Sec. 2 must comply with the regulations
adopted for Alpine Heights Mobile Home Park
Ordinance No. 72-98.
G. Transfer of Ownership
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
H. Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning
reclassification proceedings to the AG
Agricultural District in accordance with Section 6
of the Zoning Ordinance if the property owners
fail to complete or maintain any of the conditions
ofthis ordinance.
I. Modifications.
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
J.Recordino.
A copy of this ordinance shall be recorded at the
expense of the property owners with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within forty-five (45)
days after the adoption of this ordinance. This
ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 3. The foregoing àmendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by law,
and at such time that the herein described
property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 17th day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 86-03
I, Edward D. Tschiggfrie, representing T-Corp,
having read the terms and conditions of the
foregoing Ordinance No. 86-03 and being
familiar with the conditions thereof, hereby
accept the same and agree to the conditions
required therein.
Dated this 15th day of December, 2003.
By: /sl Edward D. Tschiggfrie
ACCEPTANCE OF ORDINANCE NO. 86-03
I, Peter V. Eck, representing Equity Builders.,
having read the terms and conditions of the
foregoing Ordinance No. 86-03 and being
familiar with the conditions thereof, hereby
accept the same and agree to the conditions
required therein.
Dated this 17'" day of November 2003.
/sl Peter V. Eck
Published officially in the Telegraph Herald
newspaper this 22"' day of December, 2003.
Jeanne F. Schneider, CMC, City Clerk
1t 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Request to Rezone Property - 13503 Seippel
Road: Proof of publication on notice of hearing
to consider rezoning property located at 13503
378
Regular Session, November 17, 2003
Seippel Road from County R-2 Single-Family
Residential District to City LI Light Industrial
District, in conjunction with annexation, at the
request of Kenneth and Maurine Harris and
Zoning Advisory Commission recommending
approval, presented and read. Buol moved
that the proof and communication be received
and filed. Seconded by Markham. Motion
carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 13503 Seippel
Road from Dubuque County R-2 Single-Family
Residential District to City of Dubuque LI Light
Industrial District, concurrent with annexation,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 87-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 13503
SEIPPEL ROAD FROM DUBUQUE COUNTY
R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT
TO CITY OF DUBUQUE LI LIGHT
INDUSTRIAL DISTRICT, CONCURRENT WITH
ANNEXATION.
Whereas, Kenneth and Maurine Harris,
property owners, have requested rezoning
concurrent with annexation to the City of
Dubuque in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the City of
Dubuque Code of Ordinances; and
Whereas, this request has been found to be
consistent with the Comprehensive Plan and the
Future land Use Map of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from
Dubuque County R-2 Single-Family Residential
District to City of Dubuque LI Light Industrial
District, to wit:
Lot 2 of 1 of the SE Y. of the NE Y. in Section 25,
T89N, R2E of the 5th P.M., and to the centerline
of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law, and at such time that the herein described
"'"
property is iegally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 17th day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24'h day of November, 2003.
Jeanne F. Schneider, City Clerk
1t 11/24
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Request to Rezone Property - 521 Garfield:
Proof of publication on notice of hearing to
consider rezoning property located at 521
Garfield Avenue from R-2A Alternate Two-
Family Residential District to OR Office
Residential District at the request of Scott Potter
and Zoning Advisory Commission
recommending approval, presented and read.
Markham moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 521 Garfield
Avenue from R-2A Alternate Two-Family
Residential District to OR Office Residential
District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 88-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 521
GARFIELD AVENUE FROM R-2A
ALTERNATE TWO-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-2A
Alternate Two-Family Residential District to OR
Office Residential District, to wit:
Lot 2 Scharle Subdivision, and to the centerline
of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
----~--~
Regular Session, November 17, 2003
379
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, £pproved and adopted this 1ih day of
November, 20032001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 24th day of November, 2003.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 11/24
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at wihich it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Request to Rezone Property - 1870 Asbury
Road:
Council Members Markham and Nicholson
excused themselves and left the Chambers due
to possible conflict of interest.
Proof of publication on notice of hearing to
consider rezoning property located at 1870
Asbury Road from C-1 Neighborhood
Commercial District to C-2 Neighborhood
Shopping Center District at the request of
Dubuque County Right to Life and Zoning
Advisory Commission recommending approval,
presented and read.
Ellen Markham, Director of Dubuque County
Right to Life, spoke in favor of the rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 1870 Asbury Road
from C-1 Neighborhood Commercial District to
C-2 Neighborhood Shopping Center District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 89-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 1870
ASBURY ROAD FROM C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING CENTER
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from C-1
Neighborhood Commercial District to C-2
Neighborhood Shopping Center District to wit:
Lot 1 of Lot 4 of Lot 128 and Lot 2 of Lot 4 of Lot
128 Finley Addition, and to the centerline of the
adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2.The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved ánd adopted this 1ih day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published in the Telegraph Herald Newspaper
the 24'h day of November, 2003.
Jeanne F. Schneider, CMC, City Clerk
11 11/24
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 5-0.
Four Mounds Estate Historic District - Petition
for Landmark Status: Proof of publication on
notice of hearing to consider designating the
Four Mounds Estate Historic District as a City
(local) Landmark and Historic Preservation
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Chris Olson, Staff Member of Four Mounds,
spoke in support of the designation.
An Ordinance Amending Chapter 25 (Historic
Preservation Ordinance) of the City of Dubuque
Code of Ordinances by amending Section 5-6
Identification and Designation of Landmarks,
Landmark Sites and Historic Districts to include
the Four Mounds Estate Historic District as a
City Landmark, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 90-03
AN ORDINANCE AMENDING CHAPTER 25
(HISTORIC PRESERVATION ORDINANCE)
OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY AMENDING SECTION 25-6
IDENTIFICATION AND DESIGNATION OF
LANDMARKS, LANDMARK SITES AND
HISTORIC DISTRICTS TO INCLUDE THE
FOUR MOUNDS ESTATE HISTORIC
DISTRICT AS A CITY LANDMARK.
380
Regular Session, November 17, 2003
Whereas, the Historic Preservation
Commission has recommended amendments to
Chapter 25 (Historic Preservation Ordinance) of
the Code of Ordinances of the City of Dubuque;
and
Whereas, the City Council finds that the
recommended amendments to the Historic
Preservation Ordinance are consistent with the
goals and objectives of the Comprehensive Plan
and the purpose and intent of the Historic
Preservation Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Historic Preservation
Ordinance (Chapter 25) of the City of Dubuque
Code of Ordinances is hereby amended by
amending Section 6 to add (12) Four Mounds
Estate Historic District as a City Landmark and a
City Landmark site as follows:
Section 25-6.12 FOUR MOUNDS ESTATE
HISTORIC DISTRICT.
The property hereinafter described is hereby
designated as a landmark, according to the
provisions of this chapter, to wit:
The buildings, structures, objects, sites, and
property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1
Of SW-NW & Gov 1 & Min Lot 331 & Lot 1-7-Sw
& Lot 2-NW-NW Allin See 1 Of T89N-R2E & Lot
1 & Lot 2-1-1-1 Of Sub Of 1-7 SW And SW Of
NW See ,1 T89N-R2E & Gov Lot 1 NKiA Min Lot
331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 Of SW
See 1 Of T89N-R2E & Lot 1 Fountain HIli Re-
Sub & Lot 16 John Deere Dub Tractor Works &
Lot 2-1-1-2-2 Of SE Y. NE Y. See 2 Of T89N-
R2E 5th, commonly known as 4900 Peru Road.
Section 2. That the foregoing has heretofore
been reviewed by the Historic Preservation
Commission and Long Range Planning Advisory
Commission of the City of Dubuque, Iowa and
the State Historical Society of Iowa.
Section 3. The property has archaeological,
architectural, and historic significance and meets
the requirements for designation as a city
iandmark and city landmark site.
Section 4. This ordinance shall take effect
immediately upon publication.
Passed, approved and adopted this 17th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 24th day of November, 2003.
Jeanne F. Schneider, CMC, City Clerk
11 11/24
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded 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 interceptor sewer
connection fee at $500 per acre and City
Manager recommending approval and two
communications objecting to the fee, presented
and read. Buol moved that the proof and
communications be received and filed.
Seconded by Cline. Motion carried 7-0.
Mayor Duggan stated he had received a verbal
objection to the fee.
An Ordinance establishing a schedule of
sewer connection fees for the connection of
property to the County Farm Sanitary Interceptor
Sewer, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 91-03
AN ORDINANCE ESTABLISHING A
SCHEDULE OF SEWER CONNECTION FEES
FOR THE CONNECTION OF PROPERTY TO
THE COUNTY FARM SANITARY INTER-
CEPTOR SEWER
Whereas, after full consideration of the
schedule of sanitary connection fees proposed
to be made for the County Farm Sanitary
Interceptor Sewer, which schedule of connection
fees was filed in the office of the City Clerk on
the 15th day of October, 2003: and
Whereas, the City Council has determined that
the amounts shown on said schedule are proper
and are in proportion to the benefits conferred;
and
Whereas, the City Council further finds that the
schedule of sewer connection fees for the
County Farm Sanitary Interceptor Sewer be
approved and adopted.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. There is hereby established a
schedule of sewer connection fees of the County
Farm Sanitary Interceptor Sewer for the
connection of property to said City sewer.
Section 2. Each property owner whose
property will be served by connection to said
City sewer shall pay a sewer connection fee to
the City, as shown on the schedule of sewer
connection fees attached hereto.
Section 3. Such connection fee shall be due
and payable when a sewer connection
application is filed with the City. All fees
collected under this Ordinance shall be paid to
the City Treasurer.
Section 4. The City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
for recording in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 17th day of
November, 2003.
_.
Regular Session, November 17, 2003
381
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of November, 2003.
Jeanne F. Schneider, City Clerk
11 11/24
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Cooper Development Company, LLC - Tax
Increment Financing: Proof of publication on
notice of hearing to consider approval of Cooper
Development Company's application for
Property Tax Rebates for Historic Properties for
seven years and City Manager recommending
approval, presented and read. Markham moved
that the proof and communication be received
and filed. Seconded by Connors. Motion carried
7-0.
RESOLUTION NO. 466-03
APPROVING AN APPLICATION FOR
PROPERTY TAX REBATES FOR THE
RENOVATION OF CERTAIN HISTORIC
STRUCTURES AND APPROVING A TAX
REBATE AGREEMENT WITH COOPER
DEVELOPMENT COMPANY
Whereas, the City Council, after public
hearing, duly adopted an Urban Renewai Plan
(the Plan) for the Downtown Dubuque Urban
Renewal District (the District); and
Whereas, said Plan provides that the City may
undertake special financing activities, including
loans or grants to private developers, to meet
the objectives of the Plan and to encourage the
development of the District; and
Whereas, the City Council has determined,
after consultation with the City of Dubuque
Historic Preservation Commission, that the
substantial renovation of the Town Clock
Building property, legally described as City Lot
78 (except for the southerly 3 inches thereof) in
the City of Dubuque, Iowa has been completed
in accordance with Secretary of Interior's
Standards for the treatment of Historic
properties, and that the Cooper Development
Company is qualified under Iowa Code Section
15A.1 to receive such loan or assistance for the
expansion and the renovation of the Cooper
Wagon Works Building in the District;. and
Whereas, it is expected that the aggregate
amount of the Tax Increment Revenue
obligations will be $93,000 more or less due to
assessment increases and/or tax rate
adjustments; and
Whereas, pursuant to published notice, the
City Council has held a public hearing on the
proposition of obligating Tax Increment Revenue
to assist the Cooper Development Company,
and has considered and overruled any and all
objections thereto; and
Whereas, an application for Property Tax
Rebates for Historic Structures, and a Property
Tax Rebate Agreement, both hereto attached
and by this reference made a part hereof, sets
forth the terrns,and conditions of a Property Tax
Rebate program for the renovation of the
Cooper Wagon Works Building, and the
disbursement of Tax Increment proceeds to
Cooper Development Company.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the application of the Cooper
Development Company for property tax rebates
for the Cooper Wagon Works Building and City
Lot 78 (except for the southerly 3 inches thereof)
in the City of Dubuque, Iowa, and reviewed by
the City of Dubuque Historic Preservation
Commission is hereby approved.
Section 2. That the Tax Rebate Agreement by
and between the City of Dubuque, and the
Cooper Development Company attached hereto
is hereby approved.
Section 3. That the Mayor and City Clerk are
hereby authorized to execute, on behalf of the
City of Dubuque, Iowa, said Property Tax
Rebate Agreement in substantially the form
attached hereto, but with such changes as they,
with the assistance of the Corporation Counsel,
find to be appropriate, their execution thereof to
constitute this City Council's approval of said
Property Tax Rebate Agreement.
Passed, approved and adopted this 17th day
of November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Authorization of a Loan Agreement and
Issuance of Not to Exceed $15,000,000 General
Fund Capital Loan 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 Capital Loan
Notes of the City of Dubuque, Iowa, presented
and read. Cline moved that the proof be
received and filed. Seconded by Nicholson.
Motion carried 7-0. No one spoke.
Markham moved to reinstate the rules limiting
discussion to the Council. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
382
Regular Session, November 17, 2003
America's Crown Communities: City Manager
advising that the City of Dubuque has been
named one of America's Crown Communities for
2003 for the America's River project and
improvements in the Port of Dubuque, presented
and read. Nicholson moved that the
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Council discussed the possibility of attending the
presentation of the award at the upcoming
National League of Cities meeting.
Dubuque Area Chamber of Commerce -
Convention & Visitors Bureau Report: Sue
Czeshinski, Convention and Visitors Bureau, to
make verbal quarterly progress report,
presented and read. Cline moved that the report
be received and fiied. Seconded by Connors.
Motion carried 7-0.
Ms. Czeshinski spoke outlining the positive
forecast and named many scheduled
conventions.
Police Department Towing Contract: City
Manager recommending approval of the Towing
Checklist and Request for Proposals 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, spoke questioning some of the
specifics of the contract. Cline questioned some
of the specifics of the RFP's.
Nicholson moved that the communication,
checklist and RFP be received and filed and
approved. Seconded by Connors. Motion
carried 7-0.
Affordable Housing Tax Credit Application
from Gronen Properties: City Manager
recommending adoption of two resolutions
required by the Iowa Finance Authority as part of
the application for Affordable Housing Tax
Credits from Gronen Properties for development
of affordable housing on Main and West 11th
Streets and communication from Bob Felderman
in support of the Gronen Properties proposed
renovation projects in the 1000 block of Main
Street, presented and read. Cline moved that
the communications be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 467-03
A RESOLUTION OF SUPPORT FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING
ON MAIN AND WEST 11TH STREETS
Whereas, the City of Dubuque, Iowa has been
informed by Gronen Properties that a low
income housing tax credit application will be filed
with the Iowa Finance Authority for the
development of affordable rental housing to be
iocated in Dubuque, Iowa with a legal
description as follows:
. ~r -'
Lot 39 in the City of Dubuque, Iowa, according
to the United States Commissioner's Map
thereof: and
Lot 40 in the City of Dubuque, Iowa, according
to the United States Commissioner's Map
thereof; and
City Lot 40A in the City of Dubuque, Dubuque
County, Iowa, according to the United States
Commissioner's Map of the Town (now City) of
Dubuque, Iowa; and
Lots 42, 42A and the south 8 feet of Lot 41, in
the City of Dubuque, Iowa, according to the
United States Commissioner's Map of the Town
of Dubuque, Iowa; and
The North 43.2 feet of Lot 41 in the City of
Dubuque, Iowa, according to the United States
Commissioners Map thereof.
Whereas, this housing project will contain 30
units:
Whereas, the units will be targeted to family
mixed income;
Whereas, the project will be acquisition and
rehabilitation;
Whereas, the project will have the following
amenities:
Green space
Community room
Computer room
Whereas, The Sponsor has requested local
assistance through a tax abatement;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City supports the application of
Gronen Properties for Affordable Housing Tax
Credits, subject to necessary public hearings
and building permits.
Section 2. This resolution shall remain
effective until 1 July 04. In the event that any of
the above-listed characteristics should materially
change prior to the issuance of a building permit,
this resolution shall be null and void.
Passed, approved and adopted this 17th day
of November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 468-03
A RESOLUTION OF LOCAL CONTRIBUTING
EFFORT FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING ON MAIN AND
WEST 11TH STREETS
Whereas, the City of Dubuque, Iowa has been
informed by Gronen Properties that a low
income housing tax credit application will be filed
with the Iowa Finance Authority for the
development of affordable rental housing to be
located in Dubuque, Iowa, at 1042, 1066, 1069,
1086 and 1091 Main Street and at 248 West 11th
Street; and
,""".""""""'.""",,-,,,...,..
Regular Session, November 17, 2003
383
Whereas, a local contributing effort is required
by the Qualified Allocation Plan and the Iowa
Code Section 16.4, to be provided by a local
governmental .unit or by local or regional
agencies public or private; and .
Whereas, the Iowa Finance Authority may
consider any type of proposed local contributing
effç¡rt; and the agency making the local
contributing effort must indicate the value of its
contribution; and
Whereas, the proposed affordable housing
project is located in the Upper Main Urban
Revitalization District and it therefore eligible for
consideration for a tax abatement; and
Whereas, the Sponsor intends to apply for tax
abatement benefits provided through the Urban
Revitalization Program in the estimated amount
of$135843;and
Whereas, the proposed project is located in an
Enterprise Zone and is therefore eligible for
consideration for Enterprise tax credits; and
Whereas, the Sponsor intends to apply for
Enterprise tax credits in the estimated amount of
$128000; and
Whereas, the proposed project is located in
the Downtown Urban Renewal District and is
therefore eligibie for a Downtown Rehabilitation
Program loan; and
Whereas, the Sponsor intends to apply for
these funds and has received a forward
commitment from the City of Dubuque in the
amount of $300000; and
Whereas, the proposed project is located in
the target area for the City's Lead Paint Hazard
Reduction Program; and
Whereas, the Sponsor intends to apply for
these funds and has received a forward
commitment from the City of Dubuque in the
amountof$120000.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City is supportive of the
application of Gronen Properties for a tax
abatement for the proposed affordable housing
project provided through the Urban
Revitalization Program, subject to the
application cycle and subsequent City Council
review and approval.
Section 2.. The City is supportive of the
application of Gronen Properties for Enterprise
Zone tax credits, subject to review and approval
by the Enterprise Zone Commission and
issuance of a contract from the Iowa Department
of Economic Development.
Section 3. The City is supportive of the
application of Gronen Properties for a Downtown
Rehabilitation Program loan, subject to the
availability of funds and subsequent City Council
review and approval.
Section 4. The City is supportive of the
application of Gronen Properties for a Lead
Paint Hazard Reduction Program forgivable
loan.
Passed, approved and adopted this 1th day of
November, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Downtown Rehabilitation Loan - Gronen
Properties: City Manager recommending
approval of a Downtown Rehabilitation Loan, at
two percent interest for thirty years, for the
rehabilitation of six buildings on both sides of
Main Street between 10th and 111h Streets as
requested by the developer, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Wynstone Subdivision - Final Plat: City
Manager recommending approval of the final
plat for Wynstone Subdivision, which provides
for the construction of 65 single-family building
lots and the dedication of three new public
streets located off of John F. Kennedy Road
near Eisenhower School, presented and read.
Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 469-03
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 65, INCLUSIVE, AND
LOTS A THRU F, INCLUSIVE, OF WYNSTONE
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 thru 66, Inclusive, and
Lots A thru F, Inclusive, ofWynstone in the City
of Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as John F. Kennedy Road (Lot A),
David Drive (Lot B), David Court (Lot C), Ashley
Lane (Lot 0), and Danlin Court (Lot E) together
with certain public utility easements, which the
owners by said final plat have dedicated to the
public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon: and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
384
Regular Session, November 17, 2003
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of John F.
Kennedy Road (Lot A), David Drive (Lot B),
David Court (Lot C), Ashley Lane (Lot D), and
Danlin Court (Lot E) together with the
easements for public utilities as they appear
upon said final plat, be and the same are hereby
accepted: and
Section 2. That the FinalPlat of Lots 1 thru 65,
Inclusive, and Lots A thou F, Inclusive, of
Wynstone is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
(a) To reduce David Drive (Lot B), David Court
(Lot C), Ashley Lane (Lot 0), and Oanlin Court
(Lot E) to grade and to construct concrete curb
and gutter and to hard surface with asphaltic
concrete, or with concrete paving with integral
curb, all in accordance with the City of Dubuque
standard specffications, all in a manner
acceptable to the City Engineer, in conformance
with construction improvement plans approved
by the City Engineer, and inspected by the City
Engineer.
(b) To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct a storm water detention
facility in a manner acceptable to the City
Engineer, in accordance with the City of
Dubuque standard specifications, in accordance
with construction improvement plans approved
by the City Engineer, and inspected by the City
Engineer.
(d) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resoiution, at the sole expense of the owners, or
future owner;
(e) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said Steelegray,
Inc., as owners of said property, shall secure the
performance of the foregoing conditions
provided in this Section by providing guarantees
in such form and with such sureties as may be
acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. The developer will maintain the
detention facility constructed as part of
Wynstone until it has been fully completed and
80% of the sum of the platted lots in the entire
Wynstone are fully developed and the remaining
20% of these lots have installed adequate
erosion control measures as approved by the
City. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lot G) shall be assessed
against the lot owners of Wynstone, in equal
amounts, and the City Manager shall certify
such costs to the City Clerk, who in turn shall
promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City Standards and Specifications and
accepted by City Council Resolution.
Section 6. That in the event Steelegray, Inc.
fails to execute the acceptance and fumish the
guarantees provided in Section 3 hereof within
180 days after the date of this Resolution, the
provisions hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 17'" day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Harvest View Estate Fourth Addition - Final
Plat: City Manager recommending approval of
the final plat for Harvest View Estate Fourth
Addition to allow for development of twelve
additional single-family lots and providing street
--~
.-
Regular Session, November 17, 2003
385
access for the new senior housing development
that was recently approved, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 470-03
A RESOLUTION APPROVING THE FINAL
PLAT OF HARVEST VIEW ESTATES FOURTH
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Harvest View Estates Fourth
Addition, in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as Wheat/and Drive (Lot A),
Matthew John Drive (Lot B) and Valley Brook
Drive (Lot C) together with certain public utility
easements, which the owners by said final plat
have dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon: and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
.constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Wheatland
Drive (Lot A), Matthew John Drive (Lot B) and
Valley Brook Drive (Lot C) together with the
easements for public utilities and storm sewer as
they appear upon said final plat, be and the
same are hereby accepted: and
Section 2. That the final plat of Harvest View
Estates Fourtih Addition is hereby approved and
the Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the City
of Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
(a) To reduce Wheat/and Drive (Lot A),
Matthew John Drive (Lot B) and Valley Brook
Drive (Lot C) to grade and to construct concrete
curb and gutter and to hard surface with
asphaltic concrete, or with concrete paving with
integral curb, all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, in
conformance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(b) To install water mains and water service
laterals into each individual lot, sanitary sewer
mains and sewer surface laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(d) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said Harvest
Development Group, as owners of said property,
shall secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City' Code 41-161
through 41-164. The responsibility sh",11 extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. The developer will maintain the
detention facility constructed as part of Harvest
View Estates First Addition until it has been fully
completed and 80% of the sum of the platted
lots in the entire Harvest View Estates
Subdivision are fully developed and the
remaining 20% of these lots have installed
adequate erosion control measures as approved
by the City. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lot A Harvest View
Estates First Addition) shall be assessed against
the lot owners of all additions in Harvest View
Estates as indicated in the preliminary plaì, in
equal amounts, and the City Manager shall
certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
386
Regular Session, November 17, 2003
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 6. That in the event Harvest
Development Group. fails to execute the
acceptance and furnish the guarantees provided
in Section 3 hereof within 180 days after the
date of this Resolution, the provisions hereof
shall be null and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed, app.roved and adopted this 17'" day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Ciine. Motion carried 7-0.
Freedom Ridge Subdivision - Final Plat: City
Manager recommending approval of the final
plat for Freedom Ridge Subdivision, a proposed
residential development located off of Oakland
Farms Road in Dubuque County, presented and
read. Markham moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 471-03
RESOLUTION APPROVING THE FINAL PLAT
OF FREEDOM RIDGE ESTATES IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Freedom Ridge Estates: and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon, with the
waiver of Article IV, Design and Improvement
Standards of the Subdivision Regulations,
except for Section 41-29; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives
Articie IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Lots and Blocks.
Section 2. That the final plat of Freedom Ridge
Estates is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said subdivision plat.
Passed, approved and adopted this 17'" day of
November 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Ridgeway Park - Preliminary Plat: Zoning
Advisory Commission recommending approval
of the preliminary plat of Ridgeway Park located
in the 17000 block of John Deere Road in
Dubuque County as requested by Randy Hefel,
presented and read. Cline moved that the
communication be received and filed and
approved the preliminary plat. Seconded by
Connors. Motion carried 7-0.
Request for Proposals - Design Services for
Baseball Stadium: City Manager recommending
approval of the issuance of a Request for
Proposals for design services for the baseball
stadium, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Grand River Center - Artwork: City Manager
recommending approval of the selection of
artists for placement of artwork in the Grand
River Center, presented and read. Cline
moved that the communication be received and
filed and approved recommendation. Seconded
by Nicholson. Motion carried 7-0.
Vendor Locations - Port of Dubuque: City
Manager recommending approval of the
maximum amount of vendor locations at the Port
of Dubuque and Hawthorne. Street Peninsula,
presented and read. Nicholson moved that the
communication be received and filed and
approved recommendation. Seconded by
C~nnors. Motion carried 7-0.
Fiscal Year 2005 Budget Presentations: City
Council to provide direction on staff
presentations for the upcoming Fiscal Year 2005
Budget sessions, presented and read.
After discussion, Council, by consensus,
recommended keeping the same format as other
years, which provides an educational format for
citizens.
At 8:42 P.M. Michalski moved to go into
Closed Session reo Properly Acquisition and
Pending Litigation - Chapter 21.5(1 )(c)O) 2003
Code of Iowa. Seconded by Markham. Motion
carried 7-0. At 9:06 Council reconvened stating
staff had been given proper direction.
There being no further business, Michalski
moved to adjourn. Seconded by Markham.
..
Regular Session, Nov.ember 17, 2003
387
Motion carried 7-0.
9:07 P.M.
The meeting adjoumed at
/sl Jeanne F. Schneider, CMC
City Clerk
1t 11/26
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk