2003 January Council Proceedings Regular Session, January 6, 2003 1
DUBUQUE
the Legal Staff for investigation and report.
Seconded by Michalski. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Corporation Counsel advising that the
PROCEEDINGS
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
City Council, Regular Session, January 6,
Iowa Communities Assurance Pool: Jennifer
2003
Krier, Karen Ryder, presented and read. Buol
Council met in Regular Session at 6:30 P.M. in
moved that the communication be received and
the Library Auditorium
filed and conc3-0urred. Seconded by Michalski.
Present: Mayor Duggan, Council Members
Motion carried 7-0.
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel recommending
Corporation Counsel Barry Lindahl.
settlement of the claim of Russell J. Fuhrman for
property damage and the Finance Director to
Mayor Duggan read the call and stated this is
issue payment, presented and read. Buol
a regular session of the City Council called for
moved that the communication be received and
the purpose of discussing such matters which
filed and direct the Finance Director to issue
may properly come before the City Council.
payment. Seconded by Michalski. Motion
carried 7-0.
Invocation was given by Reverend Ken
Gibson, Director of Development at Wartburg
Citizen Communications:
Theological Seminary.
Charles J. Schrup III, Co-Chairman of the
Proclamations: Special Olympics Iowa
Board of American Trust Bank, expressing
Dubuque Winter Games Time – January 14-16,
appreciation for renaming the River’s Edge
2003 received by Ric Jones who introduced
Plaza to American Trust River’s Edge Plaza,
Beth Simmons and Amy Powers who will attend
presented and read. Buol moved that the
the Special Olympics’ World Games in Dublin,
communication be received and filed. Seconded
Ireland next summer; and Days of Great
by Michalski. Motion carried 7-0.
Celebration in Honor of Martin Luther King –
January 19-20, 2003 received by Bill Hickson.
Communication from Reverend Dr. Kenneth R.
Bickel expressing a concern regarding the
CONSENT ITEMS
proposed stormwater utility, presented and read.
Buol moved that the communication be received
Minutes Submitted: Airport Commission of
and filed. Seconded by Michalski. Motion
11/25; City Council of 12/16; Environmental
carried 7-0.
Stewardship Advisory Commission of 12/3 and
12/18; Five Flags Commission of 8/19 and 9/16;
Communication from Bob Fry objecting to the
Historic Preservation Commission of 12/18;
proposed stormwater utility, presented and read.
Library Board of Trustees of 9/26 and 10/24;
Buol moved that the communication be received
Transit Trustee Board of 9/12; Zoning Advisory
and filed. Seconded by Michalski. Motion
Commission of 12/4, presented and read.
carried 7-0.
Council Member Michalski requested that Board
and Commission minutes be submitted in a
Communication from Jerry E. Oakland, St.
timely manner. Buol moved that the minutes be
Luke’s United Methodist Church, regarding the
received and filed. Seconded by Michalski.
proposed stormwater utility, presented and read.
Motion carried 7-0.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion
Proofs of publication of Council Proceedings
carried 7-0.
for December 2, 2002 and List of Claims and
Summary of Revenues for October 31, 2002,
East Central Intergovernmental Association
presented and read. Buol moved that the proofs
Annual Report: Submission of the Fiscal Year
be received and filed. Seconded by Michalski.
2002 Annual Report for the East Central
Motion carried 7-0.
Intergovernmental Association, presented and
read. Buol moved that the communication be
Notice of Claims/Suits: IIW Engineers by
received and filed. Seconded by Michalski.
Attorney Jennifer Clemens for unpaid services at
Motion carried 7-0.
DLEC; Mike Keuter for property damage;
Jennifer Krier for vehicle damage; Karen Ryder
2002 Government Performance and Results
for vehicle damage, presented and read. Buol
Act Annual Products Report for Certified Local
moved that the claims and suits be referred to
Governments: City Manager transmitting the
2 Regular Session, January 6, 2003
2002 Government Performance and Results Act acceptance of the Dubuque Girls’ Independent
Annual Products Report and GPRA baseline League Ball Field Fencing Project in the amount
questionnaire form, presented and read. Buol of $60,521.80, presented and read. Buol
moved that the communication be received and moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-filed. Seconded by Michalski. Motion carried 7-
0. 0.
RESOLUTION NO. 2-03
2002 Certified Local Government (CLG)
ACCEPTING IMPROVEMENT
Annual Report: City Manager submitting the
2002 Certified Local Government (CLG) Annual Whereas, the contract for the DGIL Ball Field
Report to the State Historical Society on the Fencing Project has been completed and the
historic preservation program accomplishments, City Manager has examined the work and filed
presented and read. Buol moved that the his certificate stating that the same has been
communication be received and filed. Seconded completed according to the terms of the
by Michalski. Motion carried 7-0. contract, plans and specifications and
recommends its acceptance.
Woodland Ridge Subdivision Acceptance: NOW, THEREFORE, BE IT RESOLVED, BY
City Manager recommending acceptance of THE CITY COUNCIL OF THE CITY OF
public improvements made by Horizon DUBUQUE, IOWA:
Development Corporation in Woodland Ridge 1. That the recommendation of the City
Subdivision, presented and read. Buol moved Manager be approved and that said
that the communication be received and filed. improvement be and the same is hereby
Seconded by Michalski. Motion carried 7-0. accepted.
Be It Further Resolved that the City Treasurer
RESOLUTION NO. 1-03
be and he is hereby directed to pay to the
ACCEPTING IMPROVEMENTS IN
contractor from the General Fund in amount
WOODLAND RIDGE SUBDIVISION
equal to the amount of his contract, less any
Whereas, pursuant to Resolution No. 232-98, retained percentage provided for therein.
certain public improvements including street Passed, approved and adopted this 6th day of
paving, storm sewer, stormwater detention January, 2003.
facilities, sanitary sewer, watermain, and street Terrance M. Duggan, Mayor
lighting were installed by the developer of the Attest: Jeanne F. Schneider, City Clerk
Woodland Ridge Subdivision; and Buol moved adoption of the Resolution.
Whereas, the improvements have been Seconded by Michalski. Motion carried 7-0.
completed and the City Manager has examined
RESOLUTION NO. 3-03
the work and has filed a certificate stating that
FINAL ESTIMATE
the same has been completed in accordance
with the plans approved by the City Council and Whereas, the contract for the DGIL Ball Field
in conformance with City specifications, and has Fencing Project has been completed and the
recommended that the improvements be Engineer has submitted his final estimate
accepted by the City Council. showing the cost thereof including the cost of
NOW, THEREFORE, BE IT RESOLVED BY estimates, notices and inspection and all
THE CITY COUNCIL OF THE CITY OF miscellaneous costs;
DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED, BY
Section 1. That the recommendation of the THE CITY COUNCIL OF THE CITY OF
City Manager be approved and that said DUBUQUE, IOWA:
improvements in the Woodland Ridge Section 1. That the cost of said improvement
Subdivision be and the same are hereby is hereby determined to be $60,521.80, and the
accepted. said amount shall be paid from the General
Section 2. That maintenance of said public Fund of the City of Dubuque, Iowa.
improvements shall be the responsibility of the Passed, approved and adopted this 6th day of
contractor and the owner for a period of one (1) January, 2003.
year from this date. Terrance M. Duggan, Mayor
Passed, adopted and approved this 6th day of Attest: Jeanne F. Schneider, City Clerk
January, 2003. Buol moved adoption of the Resolution.
Terrance M. Duggan, Mayor Seconded by Michalski. Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Acceptance of Deeds in Dubuque County:
Seconded by Michalski. Motion carried 7-0. Corporation Counsel recommending acceptance
of a deed to certain real estate in Dubuque
Dubuque Girls’ Independent League Ball Field County, Iowa from Mississippi Valley Truck
Fencing Project: City Manager recommending Center, Inc. and a deed to certain real estate in
Regular Session, January 6, 2003 3
Dubuque County, Iowa from Mississippi Valley 2. The City Clerk is hereby authorized and
Truck Center, Inc., Bill Miller Logging, Inc. and directed to record this Resolution and the Deed
William A. Miller and Mary L. Miller, presented with the Dubuque County Recorder.
and read. Buol moved that the communication Passed, approved and adopted this 6th day of
be received and filed. Seconded by Michalski. January, 2003.
Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 4-03
Buol moved adoption of the Resolution.
ACCEPTING THE DEED TO CERTAIN REAL
Seconded by Michalski. Motion carried 7-0.
ESTATE IN DUBUQUE COUNTY, IOWA FROM
MISSISSIPPI VALLEY TRUCK CENTER, INC.
Comprehensive Annual Financial Report
Whereas, the City of Dubuque entered into an (CAFR), Parking Facilities Financial Statements,
Agreement with Mississippi Valley Truck Center, Management Letter and Responses: City
Inc. for the purchase of the following described Manager transmitting Fiscal Year 2002
real property in Dubuque County, Iowa; and Comprehensive Financial Report (CAFR),
th
Wm. Miller 4 Street Place in the City of Parking Facilities Financial Statements,
Dubuque, Iowa, according to the recorded plat Management Letter and City responses to the
thereof Management Letter, presented and read. Buol
Whereas, the terms of the Agreement have moved that the communications and reports be
now been met. received and filed. Seconded by Michalski.
NOW, THEREFORE, BE IT RESOLVED BY Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS: Human Rights Commission: Communication
1. The City of Dubuque hereby accepts the from Katherine V. Stevens stating she is not
Deed from Mississippi Valley Truck Center, Inc., reapplying to serve on the Human Rights
a copy of which is attached hereto. Commission, presented and read. Buol moved
2. The City Clerk is hereby authorized and that the communication be received and filed.
directed to record this Resolution and the Deed Seconded by Michalski. Motion carried 7-0.
with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of United States Department of Commerce:
January, 2003. Communication from US Department of
Terrance M. Duggan, Mayor Commerce’s Economic Development
Attest: Jeanne F. Schneider, City Clerk Administration advising that the City’s
Buol moved adoption of the Resolution. application for an EDA investment in the amount
Seconded by Michalski. Motion carried 7-0. of $2,000,000 has been approved, presented
and read. Buol moved that the communication
RESOLUTION NO. 5-03
be received and filed. Seconded by Michalski.
ACCEPTING THE DEED TO CERTAIN REAL
Motion carried 7-0.
ESTATE IN DUBUQUE COUNTY, IOWA FROM
MISSISSIPPI VALLEY TRUCK CENTER, INC.,
Iowa Department of Transportation Agreement
BILL MILLER LOGGING, INC. AND WILLIAM
- Roadway Improvements at the Mines of Spain:
A. MILLER AND MARY L. MILLER
City Manager recommending approval of a State
Whereas, the City of Dubuque entered into an Park and Institutional Road Agreement with the
Agreement with Mississippi Valley Truck Center, Iowa Department of Transportation that will
Inc. for the purchase of the following described allow IDOT to bid construction of roadway to the
real property in Dubuque County, Iowa: Rip Row Valley development at the Mines of
th
Wm. Miller 4 Street Place in the City of Spain Recreation Area, presented and read.
Dubuque, Iowa, according to the recorded plat Buol moved that the communication be received
thereof, plus that portion of Wall Street and the and filed and approved recommendation.
alley depicted on the plat referred to as Seconded by Michalski. Motion carried 7-0.
Instrument No. 4034-72 of the records of the
Dubuque County Recorder; and Heritage Trail Extension Engineering Contract
Whereas, the terms of the Agreement have Amendment: City Manager recommending
now been met. approval to amend the engineering contract with
NOW, THEREFORE, BE IT RESOLVED BY Veenstra & Kimm for the Heritage Trail
nd
THE CITY COUNCIL OF THE CITY OF Extension project from 22 Street to the Mines
DUBUQUE, IOWA, AS FOLLOWS: of Spain which would add the connection from
1. The City of Dubuque hereby accepts the the Dubuque Jaycees Trail at the NE corner of
th
Deed from Mississippi Valley Truck Center, Inc., Kerper Boulevard and 16 Street across the
Bill Miller Logging, Inc. and William A. Miller and Peosta Channel to the Heron Pond Wetlands
Mary L. Miller, a copy of which is attached Nature Trail in Miller-Riverview Park, presented
hereto. and read. Buol moved that the communication
4 Regular Session, January 6, 2003
be received and filed and approved and filed. Seconded by Michalski. Motion
recommendation. Seconded by Michalski. carried 7-0.
Motion carried 7-0.
RESOLUTION NO. 7-03
RESOLUTION NO. 6-03 RESOLUTION AUTHORIZING CONTRACT
RESOLUTION APPROVING AMENDMENT OF FOR SERVICES FOR ENVIRONMENTAL
ENGINEERING CONTRACT FOR HERITAGE ASSESSMENTS AND CONSULTING
TRAIL EXTENSION PROJECT SERVICES FOR USEPA BROWNFIELDS
ASSESSMENT DEMONSTRATION PILOT
Whereas, the City of Dubuque has a contract
PROJECT IN PORT OF DUBUQUE.
with Veenstra & Kimm for engineering services
nd
for the Heritage Trail Extension from 22 Street Whereas, the City Council has made
to the Mines of Spain; and redevelopment of the Port of Dubuque a high
Whereas, Veenstra & Kimm has completed the priority; and
preliminary design for the Heritage Trail Whereas, the City has received a $200,000
Extension from the Dubuque Jaycees Trail to grant from the US Environmental Protection
the Heron Pond Wetlands Nature Trail; and Agency to perform Environmental Assessments
Whereas, the City of Dubuque has determined in the Port of Dubuque; and
that retaining Veenstra & Kimm to complete the Whereas, a City selection committee has
final design and construction documents for the solicited qualifications from consultants to
Heritage Trail Extension from the Dubuque perform work under the grant; and
Jaycees Trail to the Heron Pond Wetlands Whereas, the selection committee is
Nature Trail is in the best interest of the city. recommending Terracon, Inc as the consultant
NOW THEREFORE, BE IT RESOLVED BY to provide services under the grant;
THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
Section 1.That the contract with Veenstra & DUBUQUE, IOWA:
Kimm for engineering services for the Heritage Section 1. Terracon, Inc is hereby selected to
nd
Trail Extension from 22 Street to the Mines of provide Environmental Assessments and
Spain is hereby amended to add engineering consulting services under USEPA Brownfields
services to complete the final design and Assessment Demonstration Pilot grant program
construction documents for the Heritage Trail in the Port of Dubuque;
Extension from the Dubuque Jaycees Trail to Section 2. The City Manager hereby is
the Heron Pond Wetlands Nature Trail at a cost authorized to negotiate a contract for services
of $25,154. with Terracon, Inc in an amount not to exceed
Passed, approved and adopted this 6th day of $194,000 subject to approval of USEPA.
th
January, 2003. Passed, approved and adopted this 6 day of
Terrance M. Duggan, Mayor January 2003.
Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk
Seconded by Michalski. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Total Administrative Services Corporation
(TASC) Agreement – Flex Spending: City Dubuque Metropolitan Area Solid Waste
Manager recommending approval of the Agency: Communication from Jan Hess,
Administrative Services agreement with Total Secretary for the Dubuque Metropolitan Area
Administrative Services Corporation (TASC) for Solid Waste Agency, submitting the Fiscal Year
the City’s Flexible Spending Program from 2004 landfill fees and the expenditure and
January 1, 2002 through December 31, 2003, revenue budget for the DMASWA, presented
presented and read. Buol moved that the and read. Buol moved that the communication
communication be received and filed and and budget be received and filed. Seconded by
approved recommendation. Seconded by Michalski. Motion carried 7-0.
Michalski. Motion carried 7-0.
Community Development Advisory
EPA Brownfield Pilot Program Consultant Commission: Communication from the
Contract Approval: City Manager recommending Community Development Advisory Commission
approval of contract for Environmental to the Long Range Planning Commission and
Assessments and Consulting Services with the Zoning Commission regarding the
Terracon under USEPA Brownfield development proposal by Wal-Mart for industrial
th
Assessments Demonstration Pilot grant program property owned by Smithfield Foods on 16
in the Port of Dubuque, presented and read. Street, presented and read. Buol moved that the
Buol moved that the communication be received communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Regular Session, January 6, 2003 5
1333 Delhi St.
Greetings from Pyatigorsk: Communication Passed, approved and adopted this 6th day of
from the Mayor of Pyatigorsk wishing the Mayor, January, 2003.
City Council, and citizens of Dubuque a Merry Terrance M. Duggan, Mayor
Christmas and Happy New Year, presented and Attest: Jeanne F. Schneider, City Clerk
read. Buol moved that the communication be Buol moved adoption of the Resolution.
received and filed. Seconded by Michalski. Seconded by Michalski. Motion carried 7-0.
Motion carried 7-0.
RESOLUTION NO. 9-03
BEER
Pre-Disaster Mitigation Plan: City Manager
recommending that the City participate in a Whereas, applications for Beer Permits have
multi-jurisdictional project, with the East Central been submitted and filed to this Council for
Intergovernmental Association taking the lead, approval and the same have been examined
to apply for a Federal grant to complete the and approved: and
Hazard Mitigation Planning process, presented Whereas, the premises to be occupied by
and read. Buol moved that the communication such applicants were inspected and found to
be received and filed and approved comply with the Ordinances of the City and have
recommendation. Seconded by Michalski. filed proper bonds.
Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
America’s First Responders: Communication DUBUQUE, IOWA:
from the National League of Cities requesting That the Manager be authorized to cause to be
that the City submit a letter to President Bush issued the following named applicants a Beer
urging him to provide funding to police, fire, Permit.
emergency medical personnel and other first CLASS “B” BEER PERMIT
responders, presented and read. Buol moved United Automobile Workers Local #94+
that the communication be received and filed. (Sunday Sale) 3450 Central Ave
Seconded by Michalski. Motion carried 7-0. CLASS “C” BEER PERMIT
Iowa Potatoe & Produce House Inc.
Hazard Mitigation Grant Program: City Iowa Potatoe & Produce+
Manager recommending approval of a request (Sunday Sale) 2600 Dodge St
to our Federal Legislators for $46,225 in FEMA Passed, approved and adopted this 6th day of
funding to acquire one commercial property that January, 2003.
was substantially damaged as a result of June Terrance M. Duggan, Mayor
2002 flooding, presented and read. Buol moved Attest: Jeanne F. Schneider, City Clerk
that the communication be received and filed Buol moved adoption of the Resolution.
and approved recommendation. Seconded by Seconded by Michalski. Motion carried 7-0.
Michalski. Motion carried 7-0.
RESOLUTION NO. 10-03
Iowa Department of Transportation: Whereas, applications for Liquor Licenses
Communication from the Iowa Department of have been submitted to this Council for approval
Transportation providing notice that they intend and the same have been examined and
to renew and extend corridor preservation along approved; and
U.S. 20 from the Peosta Interchange easterly Whereas, the premises to be occupied by such
to near the intersection with the Northwest applicants were inspected and found to comply
Arterial, presented and read. Buol moved that with the State Laws and all City Ordinances
the communication be received and filed. relevant thereto and they have filed proper
Seconded by Michalski. Motion carried 7-0. bonds.
NOW, THEREFORE, BE IT RESOLVED BY
Business Licenses: THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 8-03
That the Manager be authorized to cause to be
NOW, THEREFORE, BE IT RESOLVED BY issued the following named applicants a Liquor
THE CITY COUNCIL OF THE CITY OF License.
DUBUQUE, IOWA: CLASS “B” (HOTEL/MOTEL) LIQUOR LICENSE
That the following having complied with the WCB Hotels, Inc. Hoffman House/3100
provisions of law relating to the sale of Club+(Sunday & Outdoor Sale) 3100 Dodge St
Cigarettes within the City of Dubuque, Iowa, be CLASS “C” BEER/LIQUOR LICENSE
granted a permit to sell Cigarettes and Cigarette Dolores Weber Ten Pin Tap+
Papers within said City. (Sunday Sale) 601 Rhomberg Ave
NEW Mul, Inc A & B Tap+
Hartig Drug Inc. Hartig Drug Co. # 8
6 Regular Session, January 6, 2003
(Sunday Sale) 2600 Central Ave presented and read. Markham moved that the
Breezers Pub Comp Breezers Pub + proof and communication be received and filed.
(Sunday Sale) 600 Central Ave. Seconded by Connors. Motion carried 7-0.
CLASS “B” WINE
RESOLUTION NO. 11-03
Dubuque Religious Center Dubuque Religious
RESOLUTION DISPOSING OF CITY
Center 923 Main St
INTEREST IN LOT 10A AND LOT 11A OF
Passed, approved and adopted this 6th day of
WOODLAWN PARK, CITY OF DUBUQUE,
January, 2003.
DUBUQUE, IOWA
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Whereas, pursuant to resolution and published
Buol moved adoption of the Resolution. notice of time and place of hearing, published in
Seconded by Michalski. Motion carried 7-0. the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
th
ITEMS TO BE SET FOR PUBLIC HEARING
Iowa on this 24 day of December, 2002, the
City Council of the City of Dubuque, Iowa met on
th
Tanzanite Drive Right-of-Way – Annexation the 6 day of January, 2003, at 6:30 p.m. in the
Request: City Manager recommending that a Public Library Auditorium, 360 West 11 Street,
public hearing be scheduled for February 3, Dubuque, Dubuque County, Iowa to consider
2003 to consider a voluntary annexation request the proposal for the sale of real estate described
for two parcels that comprise a portion of the as:
right-of-way for Tanzanite Drive, presented and Lot 10A and Lot 11A of Woodlawn Park, in the
read. Markham moved that the communication City of Dubuque, Dubuque County, Iowa
be received and filed and set Public Hearing for Whereas, the City Council of the City of
2/3/03 at a meeting to commence at 6:30 P.M. in Dubuque, Iowa overruled any and all objections,
the public library auditorium and that the City oral or written to the proposal to sell such real
Clerk publish notice in the manner prescribed by estate, except for easement as noted.
law. Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
BOARDS/COMMISSIONS
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
Appointments to the following Commission: real property described as Lot 10A of Woodlawn
Human Rights Commission (Three 3-Year terms Park in the City of Dubuque, Iowa to Douglas
to expire 01/01/06); Applicants: Cynthia and Jean Kapp be and the same is hereby
Checotah, Penny Ehlinger, Joseph A. Hopkins, approved for the sum of $1,235.00 plus cost of
Marty O’Shea, Charles F. Ryan, Vincent J. publication, platting and filing fees. Conveyance
Vanden Heuvel, Kimberly Walsh. Vote on the shall be by Quit Claim Deed.
appointments was as follows: Michalski voted Section 2. That the sale of City of Dubuque
for Ehlinger, Ryan and Vanden Heuvel; real property described as Lot 11A of Woodlawn
Nicholson voted for Ehlinger, O’Shea, Vanden Park in the City of Dubuque, Iowa to William and
Heuvel; Buol voted for Ehlinger, Ryan and Carole Kubler be and the same is hereby
Vanden Heuvel; Cline voted for Ehlinger, Ryan approved for the sum of $1,235.00 plus cost of
and Vanden Heuvel; Connors voted for publication, platting and filing fees. Conveyance
Ehlinger, Ryan and Vanden Heuvel; Duggan shall be by Quit Claim Deed.
voted for Ehlinger, O’Shea and Walsh. Section 3. The City of Dubuque reserves unto
Markham voted for Ehlinger, O’Shea and Ryan. itself a perpetual easement including the right of
Therefore, Penny Ehlinger, Charles F. Ryan and ingress and egress thereto, for the purpose of
Vincent J. Vanden Heuvel appointed to three erecting, installing, constructing, reconstructing,
year terms which will expire January 1, 2006. repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone,
PUBLIC HEARINGS
television cable, fiber optics, and electric lines as
may be authorized by the City of Dubuque,
Michalski moved that the rules be suspended Iowa, as shown on the Plat of Survey of Lot 10A
to allow anyone present to speak. Seconded by and Lot 11A of Woodlawn Park.
Cline. Motion carried 7-0. Section 4. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
Decorah Street – Vacation and Sale: Proof of City Clerk be and is hereby authorized and
publication on notice of hearing to consider the directed to deliver said deed of conveyance to
vacation and sale of a portion of Decorah Street Douglas and Jean Kapp and William and Carole
east of Adair Street, with a reservation of a Kubler upon receipt of the purchase price in full.
perpetual easement for utilities, to Douglas and Section 5. That the City Clerk be and is hereby
Jean Kapp and William and Carole Kubler, and authorized and directed to record a certified
City Manager recommending approval, copy of this resolution in the offices of the City
Regular Session, January 6, 2003 7
Assessor, Dubuque County Recorder and NOW, THEREFORE, BE IT ORDAINED BY
Dubuque County Auditor. THE CITY COUNCIL OF THE CITY OF
th
Passed, approved and adopted this 6 day of DUBUQUE, IOWA:
January, 2003. Section 1. Section 11-4(b) of the City of
Terrance M. Duggan, Mayor Dubuque Code of Ordinances is hereby
Attest: Jeanne F. Schneider, City Clerk amended to read as follows:
Review by the Historic Preservation
Markham moved adoption of the Resolution. 11-4(b)
Commission
Seconded by Connors. Motion carried 7-0. . Upon receiving an application for
a demolition permit for any building subject to
Buol moved to reinstate the rule limiting this section, the building official shall
discussion to Council. Seconded by Nicholson. immediately notify the Historic Preservation
Motion carried 7-0. Commission of such application.
The applicant shall file the information required
ACTION ITEMS
in this section with the Historic Preservation
Commission at the Office of the Planning
Greater Dubuque Development Corporation: Services Department by the application deadline
Rick Dickinson, Greater Dubuque Development established by the Commission.
Corporation, spoke providing a verbal report At its next regular meeting, the Commission
regarding the activities of GDDC for the last shall recommend to the City Council approval or
quarter. Markham moved that the report be was denial of the application, or table the application
received and filed. Seconded by Michalski. for additional information for a specified period
Motion carried 7-0. not to exceed sixty (60) days from the date of
application with the Commission. A failure of the
Demolition District Review Process Revision: Commission to take action on the application
Historic Preservation Commission within the sixty (60) day period, unless the
recommending a change in the demolition applicant requests an extension of such time,
district review process that would shift the start shall constitute Commission approval thereof.
of the sixty-day Commission review period to the The recommendation of the Commission shall
date the permit application and documentation be transmitted to the City Clerk. The City Clerk
are filed with the Commission, presented and shall transmit the recommendation and the
read. Buol moved that the communication be application within the sixty (60) day period to the
received and filed. Seconded by Nicholson. City Council for its consideration.
Motion carried 7-0. The Commission shall review all of the
information submitted by the applicant and shall
An Ordinance Amending Section 11-4 (b) of make a determination as to the following:
the City of Dubuque Code of Ordinances (1) Whether the building proposed for
Pertaining to the Review Process of the Historic demolition has historic or architectural
Preservation Commission for Demolition significance to the community; and
Districts, presented and read. (2) Whether denial of the proposed demolition
permit would prevent the property owner from
OFFICIAL PUBLICATION
earning a reasonable economic return on the
ORDINANCE NO. 1-03
property.
AN ORDINANCE AMENDING SECTION 11-4
If the Commission finds that denial of the
(b) OF THE CITY OF DUBUQUE CODE OF
application would prevent the property owner
ORDINANCES PERTAINING TO THE REVIEW
from earning a reasonable economic return on
PROCESS OF THE HISTORIC PRESER-
the property, or that the building does not have
VATION COMMISSION FOR DEMOLITION
any historical or architectural significance to the
DISTRICTS.
community, the Commission shall recommend
Whereas, the City of Dubuque has established approval of the application.
demolition districts to allow for the City Council’s If the Commission finds that denial of the
review of demolition permits that might impact application would not prevent the property owner
buildings of historic or architectural significance from earning a reasonable economic return on
in such districts; and the property and that the building has historical
Whereas, the City Council has appointed the or architectural significance to the community,
Historic Preservation Commission to serve as an the Commission shall recommend denial of the
advisory review board for demolition permits in permit application.
such districts; and Section 2. The Historic Preservation
Whereas, the City Council desires to have a Commission has heretofore reviewed this
review process that is fair to both the ordinance.
Commission and the applicant for the approval Section 3. This ordinance shall take effect
or denial of demolition permits in such districts. immediately upon publication, as provided by
law.
8 Regular Session, January 6, 2003
Passed, approved and adopted this 6th day of
January 2003.
Terrance M. Duggan, Mayor Approved:__________________________2003
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald Adopted:___________________________2003
th
newspaper this 10 day of January, 2003.
Jeanne F. Schneider, City Clerk
1t 1/10 ______________________________________
Buol moved that the requirement that a Mayor
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. ______________________________________
Mediacom Rate Increase: City Manager ______________________________________
submitting information regarding Mediacom’s
proposed rate increase effective February 1, ______________________________________
2003, presented and read. Council discussed
the lack of options available and the need to ______________________________________
aggressively pursue the telecommunications Council Members
study. Cline moved that the proof be received
and filed. Seconded by Nicholson. Motion Attest:
carried 7-0.
______________________________________
City Council Appointments: Communication City Clerk
from Operation: New View requesting
appointment of the City’s designees to their
Board for calendar year 2003 and Mayor and
City Council appointments to various Boards
and Commissions, presented and read.
Nicholson moved that the appointments of the
Mayor and Council remain as they presently are.
Seconded by Michalski. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Cline questioned a USA article on vehicles that
“hover.” Connors requested that a
communication she received from CDF on
Stormwater be copied, reviewed and directed
Staff to contact St. Ambrose where this
company has worked.
There being no further business, Buol moved
to adjourn. Seconded by Cline. Motion carried
7-0. The meeting adjourned at 7:09 P.M.
/s/ Jeanne F. Schneider, CMC,
City Clerk
1t 1/16
Special Session, January 20, 2003 9
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Monday, January 20, 2003
Approved:__________________________2003
Council met for dinner at 5:00 P.M. in the
Adopted:___________________________2003
Second Floor Library Rotunda
Council met in special session at 5:30 P.M. in
______________________________________
the Public Library Auditorium
Mayor
Present: Mayor Duggan, Council Members
______________________________________
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
______________________________________
Corporation Counsel Barry Lindahl.
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of meeting with the Convention and
Visitors Bureau.
______________________________________
John Tallent, Division Chair of the Convention
______________________________________
and Visitors Bureau, Steward Sandstrom,
Council Members
Chamber of Commerce President and CEO, and
Sue Czeshinski, Director of the Convention &
Attest:
Visitors’ Bureau, all spoke giving an update of
the activities of the organization. Also present
______________________________________
were Jerry Enzler of the Dubuque County
City Clerk
Historical Society and Jim Rix, Executive
Director of the Platinum Hospitality Group.
There being no further business, Buol moved
to adjourn. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 6:22 P.M.
/s/ Jeanne F. Schneider, CMC,
City Clerk
1t 1/29
10 Regular Session, January 20, 2003
DUBUQUE
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Notice of Claims/Suits: Damian Baumhover
PROCEEDINGS
for property damage; Paul J. Behnke for vehicle
damage; Tim Bushman for property damage;
City Council, Regular Session, January 20,
William Gerlach for vehicle damage; Janice
2003
Hoerner for personal injury; Patricia Morrison for
Council met in Regular Session at 6:30 P.M. in
personal injury, presented and read. Buol
the Library Auditorium
moved that the claims and suits be referred to
Present: Mayor Duggan, Council Members
the Legal Staff for investigation and report.
Buol, Cline, Connors, Markham, Michalski,
Seconded by Nicholson. Motion carried 7-0.
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Corporation Counsel recommending denial of
the claim of Fannie Stout House for property
Mayor Duggan read the call and stated this is
damage, presented and read. Buol moved that
a regular session of the City Council called for
the communication be received and filed and
the purpose of discussing such matters which
concurred. Seconded by Nicholson. Motion
may properly come before the City Council.
carried 7-0.
Corporation Counsel recommending settle-
Invocation was given by Reverend Tim Bees,
ment of the claims of Paul Behnke for property
Pastor, First Baptist Church.
damage and William Gerlach for vehicle damage
and directing Finance Director to issue proper
CONSENT ITEMS
payment, presented and read. Buol moved that
the communications be received and filed and
Minutes and Reports Submitted: Airport
directed the Finance Director to issue payments.
Commission of 12/16; Cable Community
Seconded by Nicholson. Motion carried 7-0.
Teleprogramming Commission of 12/3; Civil
Service Commission of 12/9 and 12/23;
Citizen Communication: Communication from
Environmental Stewardship Advisory
Mary Alice Walsh regarding the recently enacted
Commission of 11/5; Five Flags Commission of
“No Parking at Any Time” restriction on Kane
10/21 and 11/18; Transit Board of 11/14; Zoning
Street, presented and read. Buol moved that
Advisory Commission of 1/8; Zoning Board of
the communication be received and filed.
Adjustment of 12/19, presented and read. Buol
Seconded by Nicholson. Motion carried 7-0.
moved that the minutes be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Community Development Advisory
Commission: Communication from R.J. Sullivan
Proofs of publication of City Council
submitting his resignation from the Community
proceedings of December 9 and December 16,
Development Advisory Commission, presented
2002; and List of Claims and Summary of
and read. Buol moved that the communication
Revenues for month ending November 30,
be received and filed. Seconded by Nicholson.
2002, presented and read. Buol moved that the
Motion carried 7-0.
proofs be received and filed. Seconded by
Nicholson. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified lists for the
Printed Official Council Proceedings for month
positions of Assistant Police Chief, Police
of November, 2002, presented and read. Buol
Captain, and Police Lieutenant, presented and
moved that the proceedings be received and
read.
filed and approved as printed. Seconded by
December 26, 2002
Nicholson. Motion carried 7-0.
Honorable Mayor and
Members of the City Council
Finance Director submitting the financial
In accordance with Chapter 400 of the 2001
reports for the month ending December 31,
Code of Iowa, an examination for the position of
2002, presented and read. Buol moved that the
Assistant Police Chief was conducted on
communication be received and filed. Seconded
December 3, 2002. We hereby certify that the
by Nicholson. Motion carried 7-0.
individuals listed below have passed this written
examination and the vacancy for this position
Fiscal Year 2003 Second Quarter Report
should be filled from this list and that this list is
from the Substance Abuse Services Center,
good for two (2) years from above date.
presented and read. Buol moved that the
Assistant Police Chief
Mike Sullivan
Regular Session, January 20, 2003 11
Terry Tobin a tax assessment appeal for property located at
Jeff Pillard 4200 Dodge Street, legally described as Lot 2,
Scott Crabill Wal-Mart Subdivision, Dubuque, Iowa,
Paula Gieseman presented and read. Buol moved that the
Respectfully Submitted, communication be received and filed and
/s/ Merle Duehr, Chairperson approved settlement. Seconded by Nicholson.
/s/ Loras Kluesner Motion carried 7-0.
/s/ Richard Wertzberger
Civil Service Commission 2389 University Avenue – Final Plat: Zoning
Advisory Commission recommending approval
January 2, 2003 of the plat of survey of Lot 1 of 1 of 224 and Lot
Honorable Mayor and 2 of 1 of 224 Finley’s Addition (2380 University
Members of the City Council Avenue) as requested by Dennis and Amy
In accordance with Chapter 400 of the 2001 McCarthy, presented and read. Buol moved
Code of Iowa, an examination for the position of that the communication be received and filed.
Police Captain was conducted on December 4, Seconded by Nicholson. Motion carried 7-0.
2002. We hereby certify that the individuals
RESOLUTION NO. 12-03
listed below have passed this written
RESOLUTION APPROVING THE PLAT OF
examination and the vacancy for this position
SURVEY OF LOT 1 OF 1 OF 224 AND LOT 2
should be filled from this list and that this list is
OF 1 OF 224, FINLEY’S ADDITION
good for two (2) years from above date.
Police Captain Whereas, there has been filed with the City
Jeff Pillard Terry Tobin Clerk a Plat of Survey of Lot 1 of 1 of 224 and
Scott Crabill Jim Lembke Lot 2 of 1 of 224, Finley’s Addition; and
Bob Prine Scott Simpson Whereas, Lot 1 of 1 of 224 provides 4,581
Tom Parker Mark Dalsing square feet of area, and Lot 2 of 1 of 224
Respectfully Submitted, provides 4,764 square feet of area, where 5,000
/s/ Merle Duehr, Chairperson square feet is required for each lot by Section
/s/ Loras Kluesner 42-19(b) of the Subdivision Regulations; and
/s/ Richard Wertzberger Whereas, said survey plat has been examined
Civil Service Commission by the Zoning Advisory Commission and had its
approval endorsed thereon; and
December 26, 2002 Whereas, said survey plat has been examined
Honorable Mayor and by the City Council and they find that it conforms
Members of the City Council to the statutes and ordinances relating thereto.
In accordance with Chapter 400 of the 2001 NOW THEREFORE, BE IT RESOLVED BY
Code of Iowa, an examination for the position of THE CITY COUNCIL OF THE CITY OF
Police Lieutenant was conducted on December DUBUQUE, IOWA:
10, 2002. We hereby certify that the individuals Section 1. That Section 42-19(b) of the
listed below have passed this written Subdivision Regulations is waived to allow Lot 1
examination and the vacancy for this position of 1 of 224 to have 4,581 square feet and Lot 2
should be filled from this list and that this list is of 1 of 224 to have 4,764 square feet, where
good for two (2) years from above date. 5,000 square feet is required for each lot.
Police Lieutenant Section 2. That the Plat of Survey of Lot 1 of 1
Jim Lembke Mark Dalsing of 224 and Lot 2 of 1 of 224, Finley’s Addition, is
Steve Eastvedt Dwaine Prine hereby approved, and the Mayor and City Clerk
Scott Simpson Russ Stecklein are hereby authorized and directed to endorse
Shane O’Brien Scott Engleman the approval of the City of Dubuque, Iowa upon
John Digman Mike Schmit said final plat.
th
Respectfully Submitted, Passed, approved and adopted this 20 day of
/s/ Merle Duehr, Chairperson January, 2003.
/s/ Loras Kluesner Terrance M. Duggan, Mayor
/s/ Richard Wertzberger Attest: Jeanne F. Schneider, City Clerk
Civil Service Commission Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Buol moved that the above Civil Service
certifications be received and filed and made a
O’Mara Second Subdivision – Plat of
matter of record. Seconded by Nicholson.
Subdivision: Zoning Advisory Commission
Motion carried 7-0.
recommending approval of the plat of
subdivision of Lot 1 and 2 of O’Mara Second
Wal-Mart Stores, Inc. Tax Appeal: Corporation
Subdivision (11983 Kennedy Road) at the
Council submitting a Stipulation of Settlement of
request of Roger Kurt/Joseph and Beverly
12 Regular Session, January 20, 2003
MENTS ARE PAYABLE AND DIRECTING THE
O’Mara, presented and read. Buol moved that
CLERK TO CERTIFY THE FINAL SCHEDULE
the communication be received and filed.
AND TO PUBLISH NOTICE THEREOF
Seconded by Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 13-03
THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING THE PLAT OF
DUBUQUE, IOWA:
SUBDIVISION OF LOT 1 & LOT 2 OF O’MARA
That after full consideration of the final
SECOND SUBDIVISION IN THE COUNTY OF
schedule of assessments and accompanying
DUBUQUE, IOWA.
plat showing the assessments proposed to be
Whereas, there has been filed with the City made for the construction of the 2002 Sidewalk
Clerk a Plat of Subdivision of Lot 1 & Lot 2 of Assessment Project under contract with Skyline
O’Mara Second Subdivision; and Construction of Zwingle, Iowa, which final plat
Whereas, said plat provides Lot 1 with 20 feet and schedule were filed in the office of the City
th
of lot frontage and Lot 2 with 0 feet of frontage, Clerk on the 15 day of January, 2003, the said
where 50 feet of lot frontage is required; and schedule of assessments be and the same is
Whereas, said Plat of Subdivision has been hereby approved and adopted.
examined by the Zoning Advisory Commission That there be, and is hereby assessed and
and had its approval endorsed thereon; and levied as a special tax against and upon each of
Whereas, said Plat of Subdivision has been the lots, the respective sums indicated.
examined by the City Council and they find that Provided, further, that the amounts shown in
it conforms to the statutes and ordinances said final schedule of assessments as
relating thereto. deficiencies are found to be proper and levied
NOW THEREFORE, BE IT RESOLVED BY conditionally against the respective properties
THE CITY COUNCIL OF THE CITY OF benefited by the improvements as shown in the
DUBUQUE, IOWA: schedule, subject to the provisions of Section
Section 1. That Section 42-19(b) of the 384.63 of the Code of Iowa. Said assessments
Subdivision Regulations is waived to allow Lot 1 against said lots are hereby declared to be in
with 20 feet of lot frontage and Lot 2 with 0 feet proportion to the special benefits conferred and
of lot frontage, where 50 feet of lot frontage is not in excess of twenty-five percent of the value
required. of same.
Section 2. That the Plat of Subdivision of Lot 1 That the City Clerk be and is hereby directed
& Lot 2 O’Mara Second Subdivision is hereby to certify said schedule to the County Treasurer
approved, and the mayor and City Clerk are of Dubuque County, Iowa, and to publish notice
hereby authorized and directed to endorse the of said certification once each week for two
approval of the City of Dubuque, Iowa upon said consecutive weeks in the manner provided in
Plat of Subdivision. Section 362.3, the first publication of which shall
th
Passed, approved and adopted this 20 day of be not more than fifteen days from the date of
January, 2003. filing of the final schedule. On or before the date
Terrance M. Duggan, Mayor of the second publication of the notice, the City
Attest: Jeanne F. Schneider, City Clerk Clerk shall also mail a copy of said notice to
Buol moved adoption of the Resolution. property owners whose property is subject to
assessment, as provided and directed in Section
Seconded by Nicholson. Motion carried 7-0.
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
2002 Sidewalk Assessment Project: City
without interest at the office of the City
Manager recommending approval of the final
Treasurer, at any time within 30 days after the
assessment schedule for the 2002 Sidewalk
date of the first publication of this notice of the
Assessment Project, presented and read. Buol
filing of the final schedule of assessments with
moved that the communication be received and
the County Treasurer. After 30 days unpaid
filed. Seconded by Nicholson. Motion carried 7-
assessments of $50.00 or more are payable in
0.
10 annual installments and will draw annual
interest at nine (9) percent (commencing on the
RESOLUTION NO. 14-03
date of acceptance of the work) computed to the
A RESOLUTION ADOPTING THE FINAL
December 1 next following the due dates of the
ASSESSMENT SCHEDULE FOR THE 2002
respective installments as provided in Section
SIDEWALK ASSESSMENT PROJECT INCLU-
384.65 of the Code of Iowa. Each installment
DING CERTAIN INFORMATION REQUIRED
will be delinquent from October 1 following its
BY THE CODE OF IOWA, SPECIFICALLY,
due date on July 1 of each year. Property
THE NUMBER OF ANNUAL INSTALLMENTS
owners may elect to pay any annual installments
INTO WHICH ASSESSMENTS ARE DIVIDED,
semiannually in advance.
THE INTEREST ON ALL UNPAID INSTALL-
th
Passed, approved and adopted this 20 day of
MENTS, THE TIME WHEN THE ASSESS-
January, 2003.
Regular Session, January 20, 2003 13
Terrance M. Duggan, Mayor amount equal to the amount of his contract, less
Attest: Jeanne F. Schneider, City Clerk any retained percentage provided for therein.
th
SCHEDULE OF FINAL ASSESSMENTS
Passed, approved and adopted this 20 day of
PROPERTY OWNER LOCATION January, 2003.
LEGAL PARCEL NO. Terrance M. Duggan, Mayor
TOTAL COST Attest: Jeanne F. Schneider, City Clerk
Joanne E. Jaeger 725 Angella Buol moved adoption of the Resolution.
Lot 2-6 Kringle’s Sub. 10-24-304-005
Seconded by Nicholson. Motion carried 7-0.
$1,837.70
Donald Tuecke 1273-75 Bluff
RESOLUTION NO. 16-03
E ½ Lot 766 A. McDaniels Sub.10-24-340-030
FINAL ESTIMATE
$402.50
Whereas, the contract for the Chavenelle Drive
th
Mary Jo Moore 246 E. 14
Extension Project has been completed and the
E 56’ Lot 52 E Dubuque Addn. 0-24-430-002
City Engineer has submitted his final estimate
$611.80
showing the cost thereof including the cost of
Gary Lee Simon 1930 Ellen
estimates, notices and inspection and all
Lot 11 Blk 3 Sunset Park #3 10-21-332-011
miscellaneous costs.
$257.60
NOW THEREFORE, BE IT RESOLVED BY
Paul E. & Helen M. Hill 2021 Ellen
THE CITY COUNCIL OF THE CITY OF
Lot 45 Blk 3 Sunset Park #3 10-21-331-015
DUBUQUE, IOWA:
$437.00
Section 1. That the cost of said improvement
Lynn Lampe c/o B Kalb PO Box 1081,
is hereby determined to be $625,245.32 and the
581 Jefferson
said amount shall be paid from the Road Use
Farley Sub W 46’25 10-24-386-010 $388.40
Tax Funds of the City of Dubuque, Iowa.
Ernest Quade c/o Laura Schreiner
th
Passed, approved and adopted this 20 day of
2090 Key Largo Lot 1-8 Blk 14A Key Knolls Sub
January, 2003.
10-21-406-001 772.80
Terrance M. Duggan, Mayor
Paul E. & Helen M. Hill 1700 Scenic View
Attest: Jeanne F. Schneider, City Clerk
Lot 17 Blk 14 Scenic View Hgt #2 0-15-481-013
Buol moved adoption of the Resolution.
$963.70
Seconded by Nicholson. Motion carried 7-0.
TOTAL $5669.50
Buol moved adoption of the Resolution.
US 20 Highway Intersection Improvements:
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval of an
addendum to the Preconstruction Agreement
Chavenelle Drive – Acceptance: City Manager
with the Iowa Department of Transportation to
recommending acceptance of the Chavenelle
allow for the five-lane widening project from the
Drive Extension Project in the final contract
Northwest Arterial to just west of “Old Highway
amount of $583,148.07 as completed by Portzen
Road,” presented and read. Buol moved that
Construction, Inc., presented and read. Buol
the communication be received and filed.
moved that the communication be received and
Seconded by Nicholson. Motion carried 7-0.
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 17-03
RESOLUTION APPROVING AN ADDENDUM
RESOLUTION NO. 15-03
TO THE PRE-CONSTRUCTION AGREEMENT
ACCEPTING IMPROVEMENT
BETWEEN THE CITY OF DUBUQUE AND THE
Whereas, the contract for the Chavenelle Drive
IOWA DEPARTMENT OF TRANSPORTATION
Extension Project has been completed and the
FOR IMPROVEMENTS TO US 20
City Manager has examined the work and filed
Whereas, the City has entered into Pre-
his certificate stating that the same has been
Construction Agreement No. STP-A-2100(620)--
completed according to the terms of the
86-31 with the Iowa Department of
contract, plans and specifications and
Transportation to provide traffic signal
recommends its acceptance.
interconnect along US 20 and to construct
NOW THEREFORE, BE IT RESOLVED BY
intersection improvements from Devon Drive
THE CITY COUNCIL OF THE CITY OF
westerly to Century Drive.
DUBUQUE, IOWA:
Whereas, the Iowa Department of
Section 1. That the recommendation of the
Transportation has prepared an addendum to
City Manager be approved and that said
said pre-construction agreement between the
improvement be and the same is hereby
City of Dubuque and the Iowa Department of
accepted.
Transportation to include the construction of a
BE IT FURTHER RESOLVED that the City
five-lane widening project from the Northwest
Treasurer be and he is hereby directed to pay to
Arterial to just west of “Old Highway Road”; and
the contractor from the Road Use Tax Funds in
14 Regular Session, January 20, 2003
Whereas, the City Council of the City of Water Main Extension Project in the final
Dubuque approves of said addendum and contract amount of $105,392.35, presented and
funding participation as described in the pre-read. Buol moved that the communication be
construction agreement addendum. received and filed. Seconded by Nicholson.
NOW, THEREFORE, BE IT RESOLVED BY Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 18-03
DUBUQUE, IOWA:
ACCEPTING IMPROVEMENT
Section 1. That the addendum to the pre-
construction agreement between the City of Whereas, the Contract for the Old U.S.
Dubuque and the Iowa Department of Highway 20 Water Main Extension Improvement
Transportation for the US 20 five-lane widening Project has been completed and the City’s
project from the Northwest Arterial to just west of Consultants, I.I.W. Engineers and Surveyors of
“Old Highway Road” between the City of Dubuque, Iowa, recommend acceptance of the
Dubuque and the Iowa Department of project.
Transportation be and is hereby approved. NOW, THEREFORE, BE IT RESOLVED BY
Section 2. That the Mayor be authorized and THE CITY COUNCIL OF THE CITY OF
directed to execute two copies of the addendum DUBUQUE, IOWA:
to the pre-construction agreement between the Section 1. That the recommendation of the
City of Dubuque and the Iowa Department of City Manager be approved and that said
Transportation. improvement be accepted.
thth
Passed, adopted and approved this 20 day of Passed, approved and adopted this 20 day of
January, 2003. January, 2003.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 19-03
Henry Stout House Apartments – Irrevocable
FINAL ESTIMATE
License: City Manager recommending approval
of an amendment to the irrevocable license for Whereas, the contract for the Old U.S.
encroachment in the public right-of-way for Highway 20 Water Main Extension Improvement
Henry Stout Place Apartments to include an Project has been completed and the City has
encroachment for a set of steps on the Iowa submitted the final estimate showing the cost
Street sidewalk, presented and read. Buol thereof.
moved that the communication be received and NOW THEREFORE, BE IT RESOLEVED BY
filed and approved recommendation. THE CITY COUNCIL OF THE CITY OF
Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA:
Section 1. That the cost of said improvement
Conservation Design Forum: Council Member is hereby determined to be $105,392.35 dollars.
Joyce Connors submitting information on Section 2. That the final payment $5,269.62
Conservation Design Forum (CDF), with respect be paid to McDermott Excavating in accordance
to identifying potential cost effective, ecologically with State Statues from funds in the Water
sustainable stormwater management Department’s FY ’03 CIP Budget.
alternatives, presented and read. Buol moved Passed, approved and adopted this 20th day
that the communication be received and filed. of January, 2003.
Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
National Trust for Historic Preservation: Buol moved adoption of the Resolution.
Communication from Genell Scheurell, Midwest
Seconded by Nicholson. Motion carried 7-0.
Office – National Trust for Historic Preservation,
thanking Laura Carstens, Planning Services
Fiscal Year 2003 Annual Action Plan
Manager, for submitting the final report and
Amendment #3: City Manager recommending
project summary for the City’s $2,500
approval of Amendment #3 to the Fiscal Year
Preservation Services Fund grant, presented
2003 (Program Year 2002) Annual Action Plan
and read. Michalski moved that the
for Community Development Block Grant funds,
communication be received and filed.
presented and read. Buol moved that the
Seconded by Buol. Motion carried 7-0.
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Old U.S. Highway 20 Water Main Extension
Project–Acceptance: City Manager recom-
mending acceptance of the Old U.S. Highway 20
Regular Session, January 20, 2003 15
RESOLUTION NO. 20-03
communication be received and filed and
RESOLUTION APPROVING AMENDMENT 3
approved recommendation. Seconded by
TO THE FISCAL YEAR 2003 (PROGRAM
Nicholson. Motion carried 7-0.
YEAR 2002) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
Iowa Department of Natural Resources PAYT
GRANT FUNDS
Grant Proposal: City Manager recommending
Whereas, the City of Dubuque has prepared approval for the Operations and Maintenance
and filed with the U.S. Department of Housing Department to seek a grant from the Iowa
and Urban Development an Annual Action Plan Department of Natural Resources for supplying
for Fiscal Year 2003 (Program Year 2002); and consulting services at no charge to Iowa
Whereas, the City has previously amended the communities considering voluntarily implement-
FY 2003 Annual Action Plan on June 17, 2002 ing PAYT, presented and read. Buol moved that
and December 2, 2002; and the communication be received and filed and
Whereas, the City now desires to amend said approved recommendation. Seconded by
FY 2003 Annual Action Plan to allocate funds as Nicholson. Motion carried 7-0.
per the attached Exhibit A; and
Whereas, said amendment is a non-Quarterly Investment Report: City Manager
substantial amendment as provided in the City's transmitting the December 31, 2002 Quarterly
Citizen Participation Plan and must therefore be Investment Report, presented and read. Buol
approved by resolution of the City Council after moved that the communication and report be
review by the Community Development Advisory received and filed. Seconded by Nicholson.
Commission; and Motion carried 7-0.
Whereas, the Community Development
Advisory Commission reviewed the proposed Business License Refund: Application from
amendment on January 8, 2003, and has voted Marie Moeller, Bierstube Ltd, for a refund of her
to approve said amendment and to recommend beer and liquor license in the amount of
approval by the City Council. $633.75, presented and read. Buol moved that
NOW THEREFORE, BE IT RESOLVED BY the communication be received and filed and
THE CITY COUNCIL OF THE CITY OF refund approved. Seconded by Nicholson.
DUBUQUE, IOWA: Motion carried 7-0.
Section 1. That Amendment 3 to the Fiscal
Year 2003 (Program Year 2002) Annual Action Business Licenses:
Plan for the Community Development Block
RESOLUTION NO. 21-03
Grant Program hereto attached as Exhibit A is
BEER
hereby approved.
Section 2. That the City Manager is hereby Whereas, applications for Beer Permits have
authorized and directed to submit a copy of this been submitted and filed to this Council for
resolution to the U. S. Department of Housing approval and the same have been examined
and Urban Development. and approved: and
Passed, approved and adopted this 20th day Whereas, the premises to be occupied by
of January 2003. such applicants were inspected and found to
Terrance M. Duggan, Mayor comply with the Ordinances of the City and have
Attest: Jeanne F. Schneider, City Clerk filed proper bonds.
Buol moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Seconded by Nicholson. Motion carried 7-0.
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
State Historical Society of Iowa:
issued the following named applicants a Beer
Communication from the State Historical Society
Permit.
of Iowa advising that the Ziepprecht Block
CLASS “C” BEER PERMIT
Building and John Bell Block Building have been
Dubuque Discount Gas Inc. Dubuque Discount
listed in the National Register of Historic Places
Gas+(Sunday Sale) 2175 Central
effective December 20, 2002, presented and
Express Depot Inc. Liquor Depot+
read. Buol moved that the communication be
(Sunday Sale) 1620 JFK Rd
received and filed. Seconded by Nicholson.
TFM Co. Oky Doky #21+
Motion carried 7-0.
(Sunday Sale) 2010 Kerper
Passed, approved and adopted this 20th day
Purchase of Permits Plus Software System:
of January, 2003.
City Manager recommending approval of the
Terrance M. Duggan, Mayor
purchase of Permits Plus software system and a
Attest: Jeanne F. Schneider, City Clerk
replacement network server for Housing and
Buol moved adoption of the Resolution.
Community Development Department,
Seconded by Nicholson. Motion carried 7-0.
presented and read. Buol moved that the
16 Regular Session, January 20, 2003
RESOLUTION NO. 22-03
Section 1. The City of Dubuque intends to
Whereas, applications for Liquor Licenses dispose of the foregoing-described real property
have been submitted to this Council for approval by deed to Dubuque Initiatives, a copy of which
and the same have been examined and is attached hereto, pursuant to the Offer to Buy
approved; and Real Estate and Acceptance between City and
Whereas, the premises to be occupied by such Dubuque Initiatives.
applicants were inspected and found to comply Section 2. The City Clerk is hereby authorized
with the State Laws and all City Ordinances and directed to cause this Resolution and a
relevant thereto and they have filed proper notice to be published as prescribed by Iowa
bonds. Code Section 364.7 of a public hearing on the
NOW, THEREFORE, BE IT RESOLVED BY City's intent to dispose of the foregoing-
rd
THE CITY COUNCIL OF THE CITY OF described real property, to be held on the 3 day
DUBUQUE, IOWA: of February, 2003, at 6:30 o'clock p.m. at the
That the Manager be authorized to cause to be public library auditorium, 11th & Locust,
issued the following named applicants a Liquor Dubuque, Iowa.
License. Passed, approved and adopted this 20th day
CLASS “C” BEER/LIQUOR LICENSE of January, 2003.
Phillip Love The Lounge+ Terrance M. Duggan, Mayor
(Sunday Sale) 481 Locust St Attest: Jeanne F. Schneider, City Clerk
Town Clock Inn Inc Town Clock Inn Buol moved adoption of the Resolution and
799 Town Clock
moved that this be set for Public Hearing on
CLASS “B” WINE PERMIT
2/3/03 at a meeting to commence at 6:30 P.M. in
Express Depot Inc Liquor Depot of Dubuque
the public library auditorium and that the City
1620 JFK RD
Clerk publish notice in the manner prescribed by
Passed, approved and adopted this 20th day
law. Seconded by Nicholson. Motion carried 7-
of January, 2003.
0.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Mississippi River Discovery Center Wetlands,
Buol moved adoption of the Resolution.
Phase II (Interior Walkways) Project – Initiate:
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending initiation of the
bidding process for the Mississippi River
ITEMS TO BE SET FOR PUBLIC HEARING
Discovery Center Wetlands, Phase II (Interior
Walkways) Project and that a public hearing be
Disposal of Property to Dubuque Initiatives:
set for February 17, 2003, presented and read.
City Manager recommending that a public
Buol moved that the communication be received
hearing be set for February 3, 2003 to consider
and filed. Seconded by Nicholson. Motion
the disposal of real property in the Port of
carried 7-0.
Dubuque to Dubuque Initiatives, presented and
read. Buol moved that the communication be
RESOLUTION NO. 24-03
received and filed. Seconded by Nicholson.
PRELIMINARY APPROVAL OF PLANS AND
Motion carried 7-0.
SPECIFICATIONS FOR THE MISSISSIPPI
RIVER DISCOVERY CENTER WETLAND –
RESOLUTION NO. 23-03
SITE PACKAGE INTERIOR WALKWAYS
RESOLUTION OF INTENT TO DISPOSE OF
PROJECT (CONTRACT 1 - WOOD PIERS
REAL PROPERTY BY DEED TO DUBUQUE
AND DECKING, CONTRACT 2 – WOOD
INITIATIVES
FRAMING AND RAILINGS, CONTRACT 3 –
Whereas, the City of Dubuque (City) has
PLUMBING, CONTRACT 4 – ELECTRICAL)
entered into an Offer to Buy Real Estate and
NOW THEREFORE, BE IT RESOLVED BY
Acceptance with Dubuque Initiatives which
THE CITY COUNCIL OF THE CITY OF
requires City to convey the following- described
DUBUQUE, IOWA:
property (the Property) to Dubuque Initiatives by
That the proposed plans, specifications, form
deed upon acquisition of the Property by City;
of contract and estimated cost for the Mississippi
Lots numbered 20 to 30, both inclusive, in Block
River Discovery Center Wetland – Site Package
21, Dubuque Harbor Improvement Company’s
II, Interior Walkways Project (Contract 1 –Wood
Addition, in the City of Dubuque, Iowa,
Piers and Decking, Contract 2 –Wood Framing
according to the recorded Plat thereof
and Railings, Contract 3 – Plumbing, Contract 4
And
– Electrical), in the estimated amount
Whereas, City has now acquired the Property
$213,840.00 are hereby approved and ordered
from Klauer Manufacturing Company.
filed in the office of the City Clerk for public
NOW, THEREFORE, BE IT RESOLVED BY
inspection.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, January 20, 2003 17
FRAMING AND RAILINGS, CONTRACT 3 –
Passed, adopted and approved this 20th day
PLUMBING, CONTRACT 4 – ELECTRICAL)
of January, 2003.
Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, City Clerk THE COUNCIL OF THE CITY OF DUBUQUE,
Buol moved adoption of the Resolution. IOWA:
That the Mississippi River Discovery Center
Seconded by Nicholson. Motion carried 7-0.
Wetland – Site Package II, Interior Walkways
Project (Contract 1 –Wood Piers and Decking,
RESOLUTION NO. 25-03
Contract 2 –Wood Framing and Railings,
FIXING DATE OF HEARING ON PLANS AND
Contract 3 – Plumbing, Contract 4 – Electrical),
SPECIFICATIONS FOR THE MISSISSIPPI
is hereby ordered to be advertised for bids for
RIVER DISCOVERY CENTER WETLAND –
construction.
SITE PACKAGE INTERIOR WALKWAYS
BE IT FURTHER RESOLVED, that the amount
PROJECT (CONTRACT 1 - WOOD PIERS
of the security to accompany each bid shall be in
AND DECKING, CONTRACT 2 – WOOD
an amount which shall conform to the provisions
FRAMING AND RAILINGS, CONTRACT 3 –
of the Notice to Bidders hereby approved as a
PLUMBING, CONTRACT 4 – ELECTRICAL)
part of the plans and specifications heretofore
Whereas, the City Council of the City of
adopted.
Dubuque, Iowa has given its preliminary
That the City Clerk is hereby directed to
approval on the proposed plans, specifications,
advertise for bids for the construction of the
and form of contract and placed same on file in
improvements herein provided, to be published
the office of the City Clerk for public inspection
in a newspaper having general circulation in the
of the Mississippi River Discovery Center
City of Dubuque, Iowa, which notice shall not be
Wetland – Site Package II, Interior Walkways
less than four days nor more than forty-five days
Project (Contract 1 –Wood Piers and Decking,
prior to the receipt of said bids at 2:00 p.m. on
Contract 2 –Wood Framing and Railings,
th
the 6 day of February, 2003. Bids shall be
Contract 3 – Plumbing, Contract 4 – Electrical).
opened and read by the City Clerk at said time
NOW THEREFORE, BE IT RESOLVED BY
and will be submitted to the Council for final
THE CITY COUNCIL OF THE CITY OF
th
action at 6:30 p.m. on the 17 day of February,
DUBUQUE, IOWA:
th2003.
That a Public Hearing will be held on the 17
Passed, adopted and approved this 20th day
day of February, 2003, at 6:30 p.m. in the Public
of January, 2003.
Library Auditorium at which time interested
Terrance M. Duggan, Mayor
persons may appear and be heard for or against
Attest: Jeanne F. Schneider, City Clerk
the proposed plans and specifications, form of
Buol moved adoption of the Resolution.
contract and cost of said improvement, and the
Seconded by Nicholson. Motion carried 7-0.
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
Fiscal Year 2004 Annual Action Plan: City
circulation in the City of Dubuque, Iowa, which
Manager recommending that a public hearing be
notice shall be not less than four days nor more
set for February 26, 2003 to consider the
than twenty days prior to the day fixed for its
proposed Fiscal Year 2004 Annual Action Plan,
consideration. At the hearing, any interested
presented and read. Buol moved that the
person may appear and file objections to the
communication be received and filed. Seconded
proposed plans, specifications, contract, or
by Nicholson. Motion carried 7-0.
estimated cost of the improvement.
Passed, adopted and approved this 20th day
RESOLUTION NO. 27-03
of January, 2003.
A RESOLUTION SETTING A PUBLIC
Terrance M. Duggan, Mayor
HEARING ON THE PROGRAM YEAR 2003
Attest: Jeanne F. Schneider, City Clerk
(FISCAL YEAR 2004) COMMUNITY
Buol moved adoption of the Resolution and set
DEVELOPMENT BLOCK GRANT (CDBG)
the Public Hearing for 2/17/03 at a meeting to
ANNUAL PLAN.
commence at 6:30 P.M. in the public library
Whereas, the City of Dubuque has, through a
auditorium and that the City Clerk publish notice
series of public meetings and hearings, finalized
in the manner prescribed by law. Seconded by
a Program Year 2003 (Fiscal Year 2004)
Nicholson. Motion carried 7-0.
Community Development Block Grant Annual
Plan addressing both housing and non-housing
RESOLUTION NO. 26-03
needs in the community; and
ORDERING BIDS FOR THE MISSISSIPPI
Whereas, copies of the draft Program Year
RIVER DISCOVERY CENTER WETLAND –
2003(Fiscal Year 2004) CDBG Annual Plan
SITE PACKAGE INTERIOR WALKWAYS
have been available for public comment 30 days
PROJECT (CONTRACT 1 - WOOD PIERS
prior to City Council action; and
AND DECKING, CONTRACT 2 – WOOD
18 Regular Session, January 20, 2003
Whereas, the City's Community Development requesting support of City Council to determine
Advisory Commission has reviewed and if there are private or government local, state or
recommended adoption of the Annual Action federal funds available for assistance with this
Plan. project.
NOW, THEREFORE, BE IT RESOLVED BY Joseph Altenhoff, ARC Design Resources,
THE CITY COUNCIL OF THE CITY OF Inc., spoke requesting that the City Council
DUBUQUE, IOWA: assist with determining possible sources of
Section 1. That the City Council will meet in government, local, state or federal funds to
the Carnegie Stout Public Library Auditorium, demolish the existing buildings and clean up the
th
360 West 11 Street, Dubuque, Iowa at 6:15 environmental hazards found on the property.
p.m. on February 26, 2003 for the purpose of He further clarified that they were not requesting
holding a public hearing and taking final action City financial assistance.
on the Program Year 2003 (Fiscal Year 2004) Michalski moved that the City Council support
Community Development Block Grant Annual the effort of ARC Design Resources to discover
Plan. if there are State or Federal funds available (not
Section 2. That the City Clerk be and she is local). Seconded by Markham. Carried by the
hereby authorized and directed to publish a following vote: Yeas—Cline, Duggan, Markham,
notice of such public hearing and the City Nicholson. Nays—Buol, Connors, Michalski.
Council’s intent to review and take action on the Proof of publication on notice of hearing to
Program Year 2003 (Fiscal Year 2004) consider a request from ARC Design
Community Development Block Grant Annual Resources, Inc./JMC Gold Medal Meat, Inc. to
th
Plan. rezone property located at 16 and Sycamore
Passed, approved and adopted this 20th day Streets from HI Heavy Industrial District to PUD
of January 2003. Planned Unit Development with a PC Planned
Terrance M. Duggan, Mayor Commercial designation to allow a Wal-Mart
Attest: Jeanne F. Schneider, City Clerk Super Center and Zoning Advisory Commission
Buol moved adoption of the Resolution and recommending denial; Communications from
Mrs. Cecilia Lattner and Karen Hammel in
that the Public Hearing be set for 2/26/03 at a
opposition to the Wal-Mart Super Center;
meeting to commence at 6:30 P.M. in the public
Communication from Dick Hartig in opposition to
library auditorium and that the City Clerk publish
the City providing any financial assistance to
notice in the manner prescribed by law.
Wal-Mart; Communication from Phillip A. Ruppel
Seconded by Nicholson. Motion carried 7-0.
regarding the traffic impact of the proposed Wal-
Mart development; Communication from
BOARD AND COMMISSIONS
Richard Trausch objecting to the proposed Wal-
Mart development; Communication from Larry
Applicants are invited to address the Council
McDermott regarding the proposed Wal-Mart
regarding their desire to serve on the following
development; Communication from Kenneth P.
Boards/Commissions:
Bichel regarding the proposed Wal-Mart
Community Development Advisory Com-
development and an Ordinance Amending
mission (Three unexpired 3-year terms for
Appendix A (the Zoning Ordinance) of the City of
Census Tracts 2, 3 and 4; One 3-year term for
Dubuque Code of Ordinances for hereinafter
At-Large – Term of Wainwright; One 3-year term
th
described property located at 16 and Sycamore
for Census Tract 1 – Term of Isenhart):
Streets from HI Heavy Industrial District to PUD
Applicant:Thomas Wainwright. Mr. Wainwright
Planned Unit Development with a PC Planned
spoke requesting reappointment.
Commercial designation, presented and read.
TV Cable Community Teleprogramming
Nicholson moved to send this matter back to
Commission (Two unexpired 3-year terms
the Zoning Advisory Commission for a full
through 6/30/03; One unexpired 3-year term
membership hearing. Seconded by Cline.
through 6/30/05): Applicant: Burton Everist.
Carried by the following vote: Yeas—Cline,
Mr. Everist spoke requesting appointment.
Duggan, Markham, Nicholson. Nays—Buol,
Connors, Michalski.
PUBLIC HEARINGS
296 North Grandview - Request to Rezone:
Michalski moved that the rules be suspended
Proof of publication on notice of hearing to
to allow anyone present to speak. Seconded by
consider a request from James Heckmann and
Markham. Motion carried 7-0.
Tim and Malin Boge to rezone property located
at 296 North Grandview Avenue from R-1
ARC Design Resources, Inc./JMC Gold Medal
Single-Family Residential District to OR Office
Meat, Inc.:
Residential District and Zoning Advisory
Communication from ARC Design Resources
Commission recommending denial.
Inc., on behalf of Wal-Mart Stores, Inc.
Communication from James Heckmann in
Regular Session, January 20, 2003 19
DUBUQUE CODE OF ORDINANCES BY
support of the proposed rezoning;
RECLASSIFYING HEREINAFTER DESCRI-
Communication from Carol Ruden, Re/Max
BED PROPERTY LOCATED AT 1320 LOCUST
Advantage, in support of the rezoning; and an
STREET FROM C-4 DOWNTOWN COM-
Ordinance amending Appendix A (the Zoning
MERCIAL DISTRICT, WITH CONDITIONS, TO
Ordinance) of the City of Dubuque Code of
OC OFFICE COMMERCIAL DISTRICT.
Ordinances by reclassifying hereinafter
described property located at 296 North NOW, THEREFORE, BE IT ORDAINED BY
Grandview Avenue from R-1 Single-Family THE CITY COUNCIL OF THE CITY OF
Residential District to OR Office/High Density DUBUQUE, IOWA:
Multi-Family Residential District, presented and Section 1. That Appendix A (The Zoning
read. Ordinance) of the City of Dubuque Code of
Attorney Jim Heckmann spoke in favor of the Ordinances is hereby amended by reclassifying
rezoning which would provide the correct zoning the hereinafter-described property from C-4
for his law office. Bob Felderman and Carol Downtown Commercial District, with conditions,
Ruden both spoke in favor of the proposed to OC Office Commercial District to wit:
rezoning. South one-fifth of City Lot 476 and to the
John Arenz, speaking for his mother at 275 N. centerline of the adjoining public right-of-way, all
Grandview, Joan and Frank Belcastro at 285 N. in the City of Dubuque, Iowa.
Grandview, Bill and Tammy Pfab of 235 N. Section 2. The foregoing amendment has
Grandview, and Sheila Vierkant of 210 N. heretofore been reviewed by the Zoning
Grandview, all spoke in opposition to this Advisory Commission of the City of Dubuque,
change from residential zoning. Iowa.
Buol moved that the requirement that a Section 3. This ordinance shall take effect
proposed Ordinance be considered and voted immediately upon publication, as provided by
on for passage at two Council Meetings prior to law.
th
the meeting at which it is to be finally passed be Passed, approved and adopted this 20 day of
suspended and further moved final January, 2003.
consideration and passage of the Ordinance. Terrance M. Duggan, Mayor
Seconded by Nicholson. Vote on the motion Attest: Jeanne F. Schneider, City Clerk
was: Yeas—Buol, Connors, Duggan, Markham, Published officially in the Telegraph Herald
Nicholson. Nays—Cline, Michalski. Motion newspaper this 24th day of January, 2003.
failed due to lack of super majority vote. Jeanne F. Schneider, City Clerk
1t 1/24
1320 Locust – Request to Rezone: Proof of Buol moved that the requirement that a
publication on notice of hearing to consider a proposed Ordinance be considered and voted
request from Alfred Kopczyk to rezone property on for passage at two Council Meetings prior to
located at 1320 Locust from C-4 Downtown the meeting at which it is to be finally passed be
Commercial District, with conditions, to OC suspended and further moved final
Office Commercial District and Zoning Advisory consideration and passage of the Ordinance.
Commission recommending approval, presented Seconded by Nicholson. Motion carried 7-0.
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson. Buol moved to reinstate the rules limiting
Motion carried 7-0. discussion to the City Council. Seconded by
Al Kopczyk, as owner of this property, spoke in Connors. Motion carried 6-0 with Nicholson
support stating that the requested zoning had briefly out of the room.
been a previous zoning and they needed this for
ACTION ITEMS
their single family home. Dave Stuart, 1470
Locust, and Realtor Pat Friedman both spoke in
favor of the proposed rezoning. Cedar Crest Subdivision – Final Plat: Zoning
Advisory Commission recommending approval
An Ordinance Amending Appendix A (the of the final plat of Cedar Crest Subdivision as
Zoning Ordinance) of the City of Dubuque Code requested by Buesing and Associates/Dan
of Ordinances by reclassifying hereinafter Conrad, presented and read. Cline moved that
described property located at 1320 Locust from the communication be received and filed.
C-4 Downtown Commercial District, with Seconded by Markham. Motion carried 6-0 with
conditions, to OC Office Commercial District, Nicholson briefly out of the room.
presented and read.
RESOLUTION NO. 28-03
OFFICIAL PUBLICATION
RESOLUTION APPROVING THE FINAL PLAT
ORDINANCE NO. 2-03
OF LOTS 1-33, INCLUSIVE, OF CEDAR
AN ORDINANCE AMENDING APPENDIX A
CREST SUBDIVISION IN DUBUQUE COUNTY,
(THE ZONING ORDINANCE) OF THE CITY OF
IOWA
20 Regular Session, January 20, 2003
Whereas, there has been filed with the City Cline moved adoption of the Resolution.
Clerk a final plat of Lots 1 thru 33, inclusive, of Seconded by Markham. Motion carried 6-0 with
Cedar Crest Subdivision; and Nicholson briefly out of the room.
Whereas, the final plat has been examined by
the Zoning Advisory Commission and has its Stormwater Utility Citizens Advisory
approval endorsed thereon, with the waiver of Committee: Mike Portzen, Chairperson of the
Article IV, Design and Improvement Standards Stormwater Utility Citizens Advisory Committee,
of the Subdivision Regulations, except for submitting their final report, presented and read.
Section 42-19, Blocks and Lots and provision of City Manager Michael Van Milligen clarified that
a storm water detention basin; and a decision on this would be made at the Budget
Whereas, said final plat has been examined by Public Hearing. Michalski moved that the
the City Council and they find that it conforms to communication and report be received and filed
the statutes and ordinances relating thereto. and referred to Staff. Seconded by Connors.
NOW THEREFORE, BE IT RESOLVED BY Motion carried 6-0 with Nicholson briefly out of
THE CITY COUNCIL OF THE CITY OF the room.
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives Klauer Manufacturing Company: City
Article IV, Design and Improvement Standards Manager recommending approval of an Offer to
of the Subdivision Regulations, except Section Buy Real Estate and Acceptance for the
42-19, Blocks and Lots, and that a storm water property on the Fourth Street Peninsula owned
detention basin be constructed and maintained by Klauer Manufacturing Company and in
as part of Cedar Crest Subdivision. recognition of the $250,000 cash and land
Section 2. That the final plat of Cedar Crest donation it is recommended that the plaza
Subdivision is hereby approved and the Mayor directly adjacent and east of the Grand River
and City Clerk are hereby authorized and Center be named the W.J. Klauer Family Plaza,
directed to endorse the approval of the City of presented and read. Markham moved that the
Dubuque, Iowa, upon said final plat, provided communications be received and filed.
the owners of said property herein named, Seconded by Cline. Motion carried 7-0.
execute their written acceptance hereto attached
RESOLUTION NO. 29-03
agreeing:
APPROVING AN OFFER TO BUY AND
a) To construct a storm water detention facility,
ACCEPTANCE FOR THE PURCHASE OF
in accordance with improvement plans dated
CERTAIN REAL ESTATE IN DUBUQUE
December 20, 2002 approved by the City
COUNTY, IOWA FROM KLAUER MANU-
Engineer and with a Letter of Certification filed
FACTURING COMPANY
with the City Clerk of the City of Dubuque from a
professional engineer stating that the detention WHEREAS, the City Manager has negotiated
facility was constructed in accordance with said an Offer to Buy Real Estate and Acceptance
approved plans. with Klauer Manufacturing Company for the
b) To maintain the detention facility purchase of the following described real property
constructed as part of Cedar Crest Subdivision in Dubuque County, Iowa:
until such time as a homeowners association is Lots numbered 20 to 30, both inclusive, in
formed and is responsible for maintenance of Block 21, Dubuque Harbor Improvement
the detention facility. Company’s Addition, in the City of Dubuque,
Section 3. That in the event Daniel Conrad Iowa, according to the recorded Plat thereof.
fails to execute the acceptance within 180 days AND WHEREAS, the City Council has
after the date of this Resolution, the provisions determined that the purchase of the property is
hereof shall be null and void and the approval of in the best interests of the City of Dubuque.
the plat shall not be effective. NOW, THEREFORE, BE IT RESOLVED BY
Passed, approved and adopted this 20th day THE CITY COUNCIL OF THE CITY OF
of January, 2003. DUBUQUE, IOWA, AS FOLLOWS:
Terrance M. Duggan, Mayor The City of Dubuque hereby approves the
Attest: Jeanne F. Schneider, City Clerk Offer to Buy Real Estate and Acceptance, a
ACCEPTANCE OF RESOLUTION NO. 28-03 copy of which is attached hereto.
th
I, the undersigned, Daniel Conrad, having read Passed, approved and adopted this 20 day of
the terms and conditions of the Resolution No. January, 2003.
28-03 and being familiar with the conditions Terrance M. Duggan, Mayor
thereof, hereby accept this same and agree to Attest: Jeanne F. Schneider, City Clerk
the conditions required therein. Markham moved adoption of the Resolution.
th
Dated in Dubuque, Iowa this 29 day of Seconded by Cline. Motion carried 7-0.
January, 2003.
By: /s/ Daniel Conrad Markham and Duggan expressed appreciation
to the Klauer family.
Regular Session, January 20, 2003 21
th
Passed, approved and adopted this 20 day of
Bell Street Sidewalk Color Pattern: City January, 2003.
Manager recommending approval of a proposed Terrance M. Duggan, Mayor
change to the design of the Bell Street sidewalk, Attest: Jeanne F. Schneider, City Clerk
which is currently out for bid, which would revise Nicholson moved adoption of the Resolution.
the sidewalk pattern to match the buff and Seconded by Michalski. Motion carried 7-0.
white/gray concrete pattern around the Portside
building and revise the crosswalk at Fifth and City Priorities and Issues: Washington, D.C.:
Bell Streets, presented and read. Cline moved City Manager recommending approval of the
that the communication be received and filed City of Dubuque Priorities and Requests for
and approved recommendation. Seconded by Federal Appropriations, presented and read.
Connors. Motion carried 7-0. Cline moved that the communication be
received and filed and approved
Iowa League of Cities Conference: City recommendation. Seconded by Nicholson.
Manager recommending approval for the City to Motion carried 7-0.
submit a bid to the Iowa League of Cities to host
the annual conference in 2007, to budget $8,400 Graduated Gaming Tax: City Manager
for expenses associated with the conference, submitting a letter to State legislators asking for
and to appoint a City Council Member to serve support for a graduated gaming tax, presented
as the City’s representative in planning the and read. Cline moved that the communication
Conference, presented and read. Cline moved be received and filed. Seconded by Nicholson.
that the communication be received and filed Motion carried 7-0.
and approved recommendation to submit a bid
and that Council Member Markham be Arts and Culture Task Force: Communication
appointed as the Council representative in this from Jerry Enzler, Executive Director of the
matter. Seconded by Nicholson. Motion carried Dubuque County Historical Society, requesting
7-0. Council consideration to include a representative
of the Society to the recently created Arts and
Memorandum of Understanding with Lower Culture Task Force, presented and read.
Main Development, LLC: City Manager Michalski moved that the communication be
recommending approval of a Memorandum of received and filed. Seconded by Nicholson.
Understanding with Lower Main Development, Motion carried 7-0.
LLC, concerning the acquisition and renovation
of the former Weber Paper Building, owned by Council Appointment – Airport Commission:
Dubuque Initiatives, presented and read. Appointment of a Council Member (currently
Nicholson moved that the communication be Council Member John Markham) to the Airport
received and filed. Seconded by Michalski. Commission for a term to expire January 15,
Motion carried 7-0. 2004, presented and read. Michalski moved
that Council Member Markham be appointed to
RESOLUTION NO. 30-03
a one year term on the Airport Commission
A RESOLUTION APPROVING A MEMO-
which will expire 1/15/04. Seconded by
RANDUM OF UNDERSTANDING WITH
Connors. Motion carried 7-0.
LOWER MAIN DEVELOPMENT, LLC
Whereas, Lower Main Development, LLC is Fiscal Year 2004 Operating Budget and
proposing to acquire the former Weber Paper Capital Improvement Program: City Manager
Building on Main Street from Dubuque presenting the Fiscal Year 2004 Operating
Initiatives, renovate the building and lease the Budget and Capital Improvement Program,
building to existing companies; and presented and read. City Manager Michael Van
Whereas, the City is encouraging the LLC to Milligen presented an overview of the proposed
complete the transaction with Dubuque FY 04 Budget. Nicholson moved that the
Initiatives; and communication be received and filed. Seconded
Whereas, a Memorandum of Understanding by Buol. Motion carried 7-0.
has been prepared for said acquisition and
renovation. COUNCIL MEMBER REPORTS
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA, AS Nicholson stated he had been reappointed to
FOLLOWS: the Information Technology Committee of the
Section 1. The attached Memorandum of National League of Cities. Michalski stated the
Understanding is hereby approved. Martin Luther King celebrations were well
Section 2. The City Manager is hereby attended and the Mayor’s remarks were very
directed to prepare documents necessary to good.
implement the Memorandum of Understanding
22 Regular Session, January 20, 2003
There being no further business, Cline moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 8:58 P.M.
/s/ Jeanne F. Schneider, CMC,
City Clerk
1t 1/29
Approved:__________________________2002
Adopted:___________________________2002
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk