2003 August Concil Proceedings Regular Session, August 4, 2003 231
DUBUQUE
Corporation Counsel advising that the
following claims have been referred to Public
CITY COUNCIL
Entity Risk Services of Iowa, the agent for the
OFFICIAL
Iowa Communities Assurance Pool: Chris
PROCEEDINGS
Barnhart for vehicle damage; Lisa Imbus for
personal injury, presented and read. Buol moved
City Council, Regular Session, August 4, 2003
that the communication be received and filed
Council met in Regular Session at 6:30 P.M. in
and to concur with recommendation..
the Library Auditorium
Seconded by Michalski. Motion carried 7-0.
Present: Mayor Duggan, Council Members
Corporation Counsel recommending denial of
Buol, Cline, Connors, Markham, Michalski,
the claim of Mary Marcotte for vehicle towing,
Nicholson, City Manager Michael Van Milligen,
presented and read. Buol moved that the
Corporation Counsel Barry Lindahl
communication be received and filed and to
concur with recommendation. Seconded by
Mayor Duggan read the call and stated this is
Michalski. Motion carried 7-0.
a regular session of the City Council called for
the purpose of discussing such matters which
Corporation Counsel recommending settle-
may properly come before the City Council
ment of the claim of United Way Services, Inc.
for property damage and directing Finance
Invocation was given by Pastor Victor St.
Department to issue payment, presented and
George, St. Matthew Lutheran Church
read. Buol moved that the communication be
received and filed and concur and Finance to
Proclamations: Responsible Gaming Educa-
issue payment. Seconded by Michalski. Motion
tion Week (August 4 – 8, 2003) received by
carried 7-0.
Carrie Tedore and Shannon Gaherty of the
Dubuque Racing Association; United Way
Request to Purchase City-Owned Property:
Campaign Time (August 18 – October 31, 2003)
Request of Bob Hartig, Oak Park Place of
received by Ron Spillane
Dubuque, LLC, to purchase three parcels of
property located in the Medical Associates
CONSENT ITEMS
Green Belt, presented and read. Buol moved
that the communication be received and filed
Minutes and Reports Submitted: Airport
and referred to the City Manager. Seconded by
Commission of 6/23 and 7/18; City Council of
Michalski. Motion carried 7-0.
7/21 and 7/28; Civil Service Commission of 7/8
and 7/25; Historic Preservation Commission of
Patricia Ann Drive / Subdivision: Commu-
7/17; Housing Commission of 5/27, presented
nication from Lloyd S. Gudenkauf, Gudenkauf
and read. Buol moved that the minutes and
Construction, requesting that the City release his
reports be received and filed. Seconded by
bond, in the amount of $13,500, for completion
Michalski. Motion carried 7-0.
of Patricia Ann Drive, presented and read.
Buol moved that the communication be received
Proofs of publication of Council Proceedings
and filed and referred to the City Manager.
for July 7 and July 9, 2003 and List of Claims
Seconded by Michalski. Motion carried 7-0.
and Summary of Revenues for Month Ending
June 30, 2003, presented and read. Buol moved
Eagle Food Centers, Inc.: An amended
that the proofs be received and filed. Seconded
notification from Eagle Food Centers, Inc.
by Michalski. Motion carried 7-0.
pursuant to the Worker Adjustment and
Retraining Notification Act, and applicable State
Printed Council Proceedings for May, 2003,
law and advising that the company has filed for
presented and read. Buol moved that the
Chapter 11 bankruptcy, presented and read.
proceedings be received and filed and approved
Buol moved that the communication be received
as printed. Seconded by Michalski. Motion
and filed. Seconded by Michalski. Motion carried
carried 7-0.
7-0.
Notice of Claims/Suits: Michael Francois for
Police Department Towing Contract: City
vehicle damage; Dwane Hingtgen for property
Manager recommending approval for renewal of
loss; Lyle and Patricia Ott for vehicle damage;
the towing contract with Wenzel Towing,
Teamsters Union #421 and John Gotto vs City
presented and read. Buol moved that the
of Dubuque, presented and read. Buol moved
communication be received and filed. Seconded
that the claims and suits be referred to the Legal
by Michalski. No vote taken on this motion.
Staff for investigation and report. Seconded by
Michalski. Motion carried 7-0.
232 Regular Session, August 4, 2003
Marie Steve questioned the bid-letting NOW, THEREFORE, BE IT RESOLVED BY
specifics of this and requested reevaluation of THE CITY COUNCIL OF THE CITY OF
their bid. DUBUQUE, IOWA AS FOLLOWS:
Police Chief Kim Wadding spoke clarifying the 1. The fair market value of the Property is
process of this towing contract. hereby established to be $3,200.00.
After Council discussion and direction to 2. The City Manager and the Corporation
reevaluate, Nicholson moved to table this Counsel are hereby authorized to commence
matter. Seconded by Michalski. Motion carried negotiations with the Owner of the Property and
7-0. any other interested parties for the purchase of
the Property for a purchase price which is not
Section 8 Management Assessment Program less than the fair market value established by
(SEMAP): City Manager advising that the City this Resolution.
th
of Dubuque Housing Department has been Passed, approved and adopted this 4 day of
designated a “High Performing” housing August, 2003.
authority by the U.S. Department of Housing and Terrance M. Duggan, Mayor
Urban Development, with a rating score of Attest: Jeanne F. Schneider, CMC, City Clerk
100%, presented and read. Buol moved that the Buol moved adoption of the Resolution.
communication be received and filed. Seconded Seconded by Michalski. Motion carried 7-0.
by Michalski. Motion carried 7-0.
RESOLUTION NO. 256-03
ESTABLISHING FAIR MARKET VALUE FOR
Establishment of Fair Market Value on U.S. 20
THE ACQUISITION OF CERTAIN REAL
Properties: City Manager recommending
PROPERTY OWNED BY WCB HOTELS, INC.
approval of the establishment of fair market
values of three parcels of property needed as WHEREAS, the City of Dubuque (City) intends
right-of-way for the proposed U.S. 20 traffic flow to acquire certain real property owned by WCB
improvement project, presented and read. Buol Hotels, Inc., legally described as follows (the
moved that the communication be received and Property):
filed. Seconded by Michalski. Motion carried 7-That portion of Lot 1 of Lot 1 of Harwood
0. Place, Section 27, Dubuque Township, in the
City of Dubuque, Dubuque County, Iowa, as
RESOLUTION NO. 255-03
shown on Attachment B for the purpose of
ESTABLISHING FAIR MARKET VALUE FOR
constructing intersection improvements
THE ACQUISITION OF CERTAIN REAL
associated with the traffic signal interconnect
PROPERTY OWNED BY CENTER GROVE
project from Devon Drive westerly to the new
METHODIST EPISCOPAL CEMETERY
Menard’s store entrance on US 20 west;
ASSOCIATION
And Whereas, Iowa law requires that City must
Whereas, the City of Dubuque (City) intends to make a good faith effort to negotiate with the
acquire certain real property owned by the Owner to purchase the Property or property
Center Grove Methodist Episcopal Cemetery interest before proceeding with condemnation;
Association, legally described as follows (the And Whereas, City may not make an offer to
Property): purchase the Property which is less than the fair
That portion of Lot 1 of Center Grove Methodist market value City has established for the
Episcopal Church and Cemetery Subdivision in Property;
the City of Dubuque, Dubuque County, Iowa, as And Whereas, City has caused an appraisal of
shown on Attachment A for the purpose of the Property to be made and the appraised
constructing intersection improvements value of the Property is $72,500.00;
associated with the traffic signal interconnect And Whereas, the City Council now desires to
project from Devon Drive westerly to the new establish the fair market value of the Property.
Menard’s store entrance on US 20 west; NOW, THEREFORE, BE IT RESOLVED BY
And Whereas, Iowa law requires that City must THE CITY COUNCIL OF THE CITY OF
make a good faith effort to negotiate with the DUBUQUE, IOWA AS FOLLOWS:
Owner to purchase the Property or property 1. The fair market value of the Property is
interest before proceeding with condemnation; hereby established to be $72,500.00.
And Whereas, City may not make an offer to 2. The City Manager and the Corporation
purchase the Property which is less than the fair Counsel are hereby authorized to commence
market value City has established for the negotiations with the Owner of the Property and
Property; any other interested parties for the purchase of
And Whereas, City has caused an appraisal of the Property for a purchase price which is not
the Property to be made and the appraised less than the fair market value established by
value of the Property is $3,200.00; this Resolution.
th
And Whereas, the City Council now desires to Passed, approved and adopted this 4 day of
establish the fair market value of the Property. August, 2003.
Regular Session, August 4, 2003 233
Terrance M. Duggan, Mayor be received and filed and approved
Attest: Jeanne F. Schneider, CMC, City Clerk recommendation. Seconded by Michalski.
Buol moved adoption of the Resolution. Motion carried 7-0.
Seconded by Michalski. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 257-03
ESTABLISHING FAIR MARKET VALUE FOR RESOLUTION NO. 258-03
THE ACQUISITION OF CERTAIN REAL
NOW, THEREFORE, BE IT RESOLVED BY
PROPERTY OWNED BY CNL FUNDING 2000-
THE CITY COUNCIL OF THE CITY OF
A., L.P. IN THE CITY OF DUBUQUE, IOWA
DUBUQUE, IOWA:
Whereas, the City of Dubuque (City) intends to That the following having complied with the
acquire certain real property owned by CNL provisions of law relating to the sale of
Funding 2000-A., L.P. legally described as Cigarettes within the City of Dubuque, Iowa, be
follows (the Property): granted a permit to sell Cigarettes and Cigarette
That portion of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Papers within said City.
Correction Plat of Lot 1 of Mineral Lot 246 in the 1 RENEWAL
City of Dubuque, Dubuque County, Iowa, as Hammerheads Bar Hammerheads Bar/Billiards
shown on Attachment C for the purpose of 2095 Kerper
constructing intersection improvements Awn Stop Mart Awn Stop Mart
associated with the traffic signal interconnect 1998 Jackson
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project from Devon Drive westerly to the new Passed, approved and adopted this 4 day of
Menard’s store entrance on US 20 west; August, 2003.
And Whereas, Iowa law requires that City must Terrance M. Duggan, Mayor
make a good faith effort to negotiate with the Attest: Jeanne F. Schneider, CMC, City Clerk
Owner to purchase the Property or property Buol moved adoption of the Resolution.
interest before proceeding with condemnation; Seconded by Michalski. Motion carried 7-0.
And Whereas, City may not make an offer to
RESOLUTION NO. 259-03
purchase the Property which is less than the fair
market value City has established for the NOW, THEREFORE, BE IT RESOLVED BY
Property; THE CITY COUNCIL OF THE CITY OF
And Whereas, City has caused an appraisal of DUBUQUE, IOWA:
the Property to be made and the appraised That the following having complied with the
value of the Property is $7,600.00; provisions of law relating to the sale of
And Whereas, the City Council now desires to Cigarettes within the City of Dubuque, Iowa, be
establish the fair market value of the Property. granted a permit to sell Cigarettes and Cigarette
NOW, THEREFORE, BE IT RESOLVED BY Papers within said City.
THE CITY COUNCIL OF THE CITY OF NEW
DUBUQUE, IOWA AS FOLLOWS: Fraternal Order of Eagles Eagles Club
1. The fair market value of the Property is 1175 Century Dr
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hereby established to be $7,600.00. Passed, approved and adopted this 4 day of
2. The City Manager and the Corporation August, 2003.
Counsel are hereby authorized to commence Terrance M. Duggan, Mayor
negotiations with the Owner of the Property and Attest: Jeanne F. Schneider, CMC, City Clerk
any other interested parties for the purchase of Buol moved adoption of the Resolution.
the Property for a purchase price which is not Seconded by Michalski. Motion carried 7-0.
less than the fair market value established by
RESOLUTION NO. 260-03
this Resolution.
Passed, approved and adopted this 4th day of BEER
August, 2003. Whereas, applications for Beer Permits have
Terrance M. Duggan, Mayor been submitted and filed to this Council for
Attest: Jeanne F. Schneider, CMC, City Clerk approval and the same have been examined
Buol moved adoption of the Resolution. and approved: and
Seconded by Michalski. Motion carried 7-0. Whereas, the premises to be occupied by
such applicants were inspected and found to
Grand River Center – Temporary Meeting comply with the Ordinances of the City and have
Room Names: City Manager recommending that filed proper bonds.
the temporary names for meeting rooms at the NOW, THEREFORE, BE IT RESOLVED BY
Grand River Center, which were approved by THE CITY COUNCIL OF THE CITY OF
Council on June 2, 2003, be revised to be DUBUQUE, IOWA:
consistent with industry standards for That the Manager be authorized to cause to be
conference and convention facilities, presented issued the following named applicants a Beer
and read. Buol moved that the communication Permit.
234 Regular Session, August 4, 2003
RESOLUTION NO. 262-03
CLASS “B” BEER (5 – DAY SPECIAL EVENT)
RESOLUTION FIXING DATE FOR A MEETING
Dubuque Jaycees Dubuque Jaycees Tent A.
ON THE PROPOSITION OF THE ISSUANCE
Town Clock Plaza
OF NOT TO EXCEED $2,110,000 GENERAL
Dubuque Jaycees Dubuque Jaycees Tent B.
OBLIGATION BONDS (FOR AN ESSENTIAL
Town Clock Plaza
CORPORATE PURPOSE) OF DUBUQUE,
Dubuque Jaycees Dubuque Jaycees Tent C.
IOWA, AND PROVIDING FOR PUBLICATION
Town Clock Plaza
OF NOTICE THEREOF
Passed, approved and adopted this 4th day of
August, 2003. WHEREAS, it is deemed necessary and
Terrance M. Duggan, Mayor advisable that the City of Dubuque, Iowa, should
Attest: Jeanne F. Schneider, CMC, City Clerk issue General Obligation Bonds to the amount of
Buol moved adoption of the Resolution. not to exceed $2,110,000, as authorized by
Seconded by Michalski. Motion carried 7-0. Section 384.25, of the City Code of Iowa, for the
purpose of providing funds to pay costs of
RESOLUTION NO. 261-03
carrying out an essential corporate purpose
Whereas, applications for Liquor Licenses project as hereinafter described; and
have been submitted to this Council for approval WHEREAS, before said bonds may be issued,
and the same have been examined and it is necessary to comply with the provisions of
approved; and said Code, and to publish a notice of the
Whereas, the premises to be occupied by such proposal to issue such bonds and of the time
applicants were inspected and found to comply and place of the meeting at which the Council
with the State Laws and all City Ordinances proposes to take action for the issuance of the
relevant thereto and they have filed proper bonds and to receive oral and/or written
bonds. objections from any resident or property owner
NOW, THEREFORE, BE IT RESOLVED BY of said City to such action.
THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
That the Manager be authorized to cause to be DUBUQUE, IOWA:
issued the following named applicants a Liquor Section 1. That this Council meet in the
License. Auditorium, Carnegie-Stout Public Library,
CLASS “C” BEER/LIQUOR LICENSE Dubuque, Iowa, at 6:30 o'clock P.M., on the 2nd
Clarke College Clarke College+ day of September, 2003, for the purpose of
(Sunday Sale) 1550 Clarke Dr taking action on the matter of the issuance of not
Shannon’s Bar/Grill Inc Shannon’s Bar/Grill+ to exceed $2,110,000 General Obligation Bonds
nd
(Sunday Sale) 521 E. 22 St for an essential corporate purpose of said City,
Player’ s Sports Bar Player’s Sport’s Bar+ the proceeds of which bonds will be used to
(Sunday Sale) 1902 Central provide funds to pay costs of the acquisition,
SPECIAL CLASS “C” LIQUOR construction, and installation of stormwater and
Choo Choo Charlie’s Pizza / Ice Cream Choo storm sewer utility facilities and improvements,
Choo Charlie’s+(Sunday Sale) 1895 JFK Rd including the Carter Detention Basin, 32nd
Bell Tower Theatre Bell Tower Theatre+ Street Detention Basin land acquisition,
(Sunday Sale) 2728 Asbury Rd stormwater ditch remediation, NPDES
Passed, approved and adopted this 4th day of compliance activities, and other storm sewer,
August, 2003. stream bank and detention basin improvements.
Terrance M. Duggan, Mayor Section 2. That the Clerk is hereby directed to
Attest: Jeanne F. Schneider, CMC, City Clerk cause at least one publication to be made of a
Buol moved adoption of the Resolution. notice of said meeting, in a legal newspaper,
Seconded by Michalski. Motion carried 7-0. printed wholly in the English language,
published at least once weekly, and having
ITEMS TO BE SET FOR PUBLIC HEARING
general circulation in said City, said publication
to be not less than four clear days nor more than
General Obligation Bond Sale to Support twenty days before the date of said public
Stormwater Projects: City Manager meeting on the issuance of said bonds.
recommending that a public hearing be set for Section 3. The notice of the proposed action to
August 18, 2003 on the proposition of selling not issue said bonds shall be in substantially the
to exceed $2,110,000 in General Obligation following form:
Bonds (for an essential corporate purpose) to NOTICE OF MEETING OF THE COUNCIL OF
support stormwater projects, presented and THE CITY OF DUBUQUE, IOWA, ON THE
read. Michalski moved that the communication MATTER OF THE PROPOSED ISSUANCE OF
be received and filed. Seconded by Cline. NOT TO EXCEED $2,110,000 GENERAL
Motion carried 7-0. OBLIGATION BONDS (FOR AN ESSENTIAL
Regular Session, August 4, 2003 235
CORPORATE PURPOSE) OF SAID CITY, AND That the proposed plans, specifications, form
THE HEARING ON THE ISSUANCE THEREOF of contract and estimated cost for the Eagle
PUBLIC NOTICE is hereby given that the Valley Subdivision Sanitary Sewer Extension
Council of the City of Dubuque, Iowa, will hold a Project in the estimated amount $339,658.00
public hearing on the 2nd day of September, are hereby approved and ordered filed in the
2003, at 6:30 o'clock P.M., in the Auditorium, office of the City Clerk for public inspection.
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Carnegie-Stout Public Library, Dubuque, Iowa, Passed, adopted and approved this 4 day of
at which meeting the Council proposes to take August, 2003.
additional action for the issuance of not to Terrance M. Duggan, Mayor
exceed $2,110,000 General Obligation Bonds Attest: Jeanne F. Schneider, CMC, City Clerk
for an essential corporate purpose of said City, Michalski moved adoption of the Resolution.
in order to provide funds to pay costs of the Seconded by Cline. Motion carried 7-0.
acquisition, construction, and installation of
RESOLUTION NO. 264-03
stormwater and storm sewer utility facilities and
FIXING DATE OF HEARING
improvements, including the Carter Detention
ON PLANS AND SPECIFICATIONS
Basin, 32nd Street Detention Basin land
acquisition, stormwater ditch remediation, Whereas, the City Council of the City of
NPDES compliance activities, and other storm Dubuque, Iowa has given its preliminary
sewer, stream bank and detention basin approval on the proposed plans, specifications,
improvements. and form of contract and placed same on file in
At the above meeting the Council shall receive the office of the City Clerk for public inspection
oral or written objections from any resident or of the Eagle Valley Subdivision Sanitary Sewer
property owner of said City, to the above action. Extension Project.
After all objections have been received and NOW THEREFORE, BE IT RESOLVED BY
considered, the Council will at this meeting or at THE CITY COUNCIL OF THE CITY OF
any adjournment thereof, take additional action DUBUQUE, IOWA:
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for the issuance of said bonds or will abandon That a public hearing will be held on the 18
the proposal to issue said bonds. day of August, 2003, at 6:30 p.m. in the Public
This notice is given by order of the Council of Library Auditorium at which time interested
Dubuque, Iowa, as provided by Section 384.25 persons may appear and be heard for or against
of the City Code of Iowa. the proposed plans and specifications, form of
Dated this 8th day of August, 2003. contract and cost of said improvement, and the
Jeanne F. Schneider, CMC City Clerk be and is hereby directed to cause a
City Clerk of Dubuque, Iowa notice of time and place of such hearing to be
(End of Notice) published in a newspaper having general
PASSED AND APPROVED this 4th day of circulation in the City of Dubuque, Iowa, which
August, 2003. notice shall be not less than four days nor more
Terrance M. Duggan, Mayor than twenty days prior to the day fixed for its
Attest: Jeanne F. Schneider, City Clerk consideration. At the hearing, any interested
Michalski moved adoption of the Resolution person may appear and file objections to the
and set this for public hearing on 8/18/03 at a proposed plans, specifications, contract, or
meeting to commence at 6:30 P.M. in the Public estimated cost of the improvement.
th
Library Auditorium and that the City Clerk Passed, adopted and approved this 4 day of
publish notice in the manner prescribed by law. August, 2003.
Seconded by Cline. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Eagle Valley Subdivision Sanitary Sewer Michalski moved adoption of the Resolution.
Extension Project – Initiate: City Manager Seconded by Cline. Motion carried 7-0.
recommending initiation of the bidding process
RESOLUTION NO. 265-03
for the Eagle Valley Subdivision Sanitary Sewer
ORDERING BIDS
Installation Project and that a public hearing be
set for August 18, 2003, presented and read. NOW THEREFORE, BE IT RESOLVED BY
Michalski moved that the communication be THE COUNCIL OF THE CITY OF DUBUQUE,
received and filed. Seconded by Cline. Motion IOWA:
carried 7-0. That the Eagle Valley Subdivision Sanitary
Sewer Extension Project is hereby ordered to be
RESOLUTION NO. 263-03
advertised for bids for construction.
PRELIMINARY APPROVAL OF
BE IT FURTHER RESOLVED, that the amount
PLANS AND SPECIFICATIONS
of the security to accompany each bid shall be in
NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions
THE CITY COUNCIL OF THE CITY OF of the Notice to Bidders hereby approved as a
DUBUQUE, IOWA:
236 Regular Session, August 4, 2003
BOARDS/COMMISSIONS
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to Applicants are invited to address the Council
advertise for bids for the construction of the regarding their desire to serve on the following
improvements herein provided, to be published Boards/Commissions:
in a newspaper having general circulation in the HOUSING COMMISSION (One Section 8 3-
City of Dubuque, Iowa, which notice shall not be year term through 8/17/06 – term of Plein; Three
less than four days nor more than forty-five days 3-year terms through 8/17/06). Applicants: John
prior to the receipt of said bids at 2:00 p.m. on Plein (Section 8), Dorothy Culbertson, Jim Holz,
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the 12 day of August, 2003. Bids shall be and Danita Grant. Mr. Plein spoke requesting
opened and read by the City Clerk at said time consideration for reappointment.
and will be submitted to the Council for final TV CABLE TELEPROGRAMMING
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action at 6:30 p.m. on the 18 day of August, COMMISSION (Two unexpired terms through
2003. 6/30/06; One 3-year term through 6/30/06 – term
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Passed, adopted and approved this 4 day of of Tigges) Applicant: Jennifer Tigges No one
August, 2003. spoke.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Appointments to the following Boards /
Michalski moved adoption of the Resolution. Commissions:
Seconded by Cline. Motion carried 7-0. COMMUNITY DEVELOPMENT ADVISORY
COMMISSION: (Two vacancies from
Fiscal Year 2004 Budget Amendment: City Low/Moderate Income Area through 2/15/04 and
Manager recommending that a public hearing be 2/15/05) Applicant: David Oliver (Low/Moderate
set for September 2, 2003 to consider adoption Income Area). Michalski moved that David
of the Fiscal Year 2004 Budget Amendment, Oliver be appointed to the Community
presented and read. Michalski moved that the Development Advisory Commission for a term
communication be received and filed. Seconded which will expire 2/15/05. Seconded by Buol.
by Cline. Motion carried 7-0. Motion carried 7-0.
HOUSING COMMISSION (One unexpired 3-
RESOLUTION NO. 266-03
year term through 8/17/05) Applicant:Gina Bell.
RESOLUTION DIRECTING THE CITY CLERK
Markham moved that Gina Bell be appointed to
TO PUBLISH PROPOSED AMENDMENT TO
the Housing Commission for an unexpired three
THE FISCAL YEAR 2004 BUDGET AND DATE
year term through 8/17/05. Seconded by Cline.
OF PUBLIC HEARING
Motion carried 7-0.
Whereas, it is proposed that the City of TRANSIT BOARD OF TRUSTEES (One 3-
Dubuque amend its Fiscal Year 2004 budget; year term through 7/30/06 – term of Bemis)
and Applicant: Harry J. Bemis. Michalski moved
Whereas, Section 384.16 of the Code of Iowa that Harry J. Bemis be reappointed to a three
stipulates that a public hearing must be held on year term which will expire 7/30/06. Seconded
such a budget amendment. by Cline. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
ACTION ITEMS
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk by and is hereby Convention and Visitors Bureau Quarterly
authorized and directed to publish notice of Report: Sue Czeshinski, Dubuque Area
public hearing on an amendment to the adopted Chamber of Commerce – Convention and
budget for the City of Dubuque, Iowa. Visitors Bureau, spoke and presented the CVB
Passed, approved and adopted this 4th day of Quarterly Report. Nicholson moved that the
August, 2003. report be received and filed. Seconded by Cline.
Terrance M. Duggan, Mayor Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution Mayor Duggan turned control of the meeting to
and set public hearing set for 9/2/03 at a Mayor Pro-Tem Cline and left the room due to
meeting to commence at 6:30 P.M. in the Public possible conflict of interest.
Library Auditorium and that the City Clerk Nicholson moved that the following item be
publish notice in the manner prescribed by law. removed from the table: Seconded by Buol.
Seconded by Cline. Motion carried 7-0. Carried by the following vote: Yeas—Buol,
Cline, Markham, Nicholson. Nays—Michalski,
Connors.
QHQ Rezoning (Tabled on June 2, 2003):
Communication from Kenneth L. Buesing
requesting that this item be placed back onto the
Regular Session, August 4, 2003 237
City Council agenda for consideration; Block 3, Lots 1-13, inclusive, of Block 4, Lots 1-
Communication from Kenneth L. Buesing, 21, inclusive, of Block 6, Lots 1-10, inclusive, of
representing QHQ Development, submitting Block 7, and Lots A-I, inclusive, all of Eagle
additional information regarding the QHQ Valley Subdivision.
request for rezoning of property located south of
Holliday Drive, west of the Northwest Arterial, Historic District Public Improvement Program:
from AG Agricultural District to C-3; Communication from the Historic Preservation
Communication from Mark Lockwood regarding Commission requesting that the HDPIP
the QHQ rezoning request and providing an applications be approved as recommended by
update from the neighborhood meeting, and an the Commission, and that the $139,450 in Fiscal
Ordinance amending Appendix A (the Zoning Year 2003 funding be restored to the Historic
Ordinance) of the City of Dubuque Code of District Public Improvement Program;
Ordinances by reclassifying hereinafter Communication from Doug Stillings, President of
described property located south of Holliday the Downtown Neighborhood Council,
Drive, west of the Northwest Arterial, from AG requesting Council approval of their two
Agricultural District to C-3 General Commercial proposed Historic District Public Improvement
zoning district, with conditions, presented and Program projects, without funding and
read. Communication from David A. Cox, Treasurer of
Ken Buesing of Buesing Associates, Inc. the Historic Bluffs Neighborhood Association,
spoke and stated that though directed by requesting Council approval of their historic
Council to compromise with the objecting lighting project along Loras Boulevard, without
neighbors on this rezoning matter they had not funding, presented and read. Michalski moved
been able to come to any satisfactory that the communications be received and filed
conclusion. He also stated that they would and approved the projects submitted for
increase the buffer zone to 75 feet which would consideration through the Historic District Public
decrease the number of necessary Council Improvement Program, without funding.
votes for the rezoning. That buffer zone would Seconded by Nicholson. Motion carried 7-0.
be made up of native grasses and would not
have an access road to Samantha Dr. Sidewalk Café Ordinance: City Manager
John Jungbluth, 4911 Twilight Dr., spoke recommending approval of a change to the
clarifying the sequence of events, objected to Sidewalk Café Ordinance to include a definition
the proposed rezoning and objected to being left of a sidewalk café, presented and read. Buol
out of discussions with Mr. Buesing and Dr. moved that the communication be received and
Quagliano. filed. Seconded by Markham. Motion carried 7-
Council discussed the original comprehensive 0.
plan and its original and changing focus.
Markham moved to table this matter. An Ordinance Amending Chapter 41 Streets,
Seconded by Michalski. Carried by the following Sidewalks and Other Public Places, Division 6
vote: Yeas—Buol, Cline, Connors, Markham, Sidewalk Cafes by adding a new Section 41-179
Michalski. Nays—Nicholson. Sidewalk Café Defined; and by amending
Section 41-180(c) Authorizing sidewalk cafes for
Mayor Duggan returned and took control of the only restaurants or retail businesses where more
meeting. than fifty percent (50%) of the business
conducted on the premises is the sale or
Eagle Valley Subdivision: City Manager dispensing of food or retail items, presented and
recommending approval of assistance, with read.
guarantees, to Fondell Excavating, Inc. to
OFFICIAL PUBLICATION
facilitate development of Eagle Valley
ORDINANCE NO. 60-03
Subdivision, which is a new subdivision of
AMENDING CHAPTER 41 STREETS,
affordable owner-occupied housing along
SIDEWALKS AND OTHER PUBLIC PLACES,
Roosevelt Road, presented and read. Buol
DIVISION 6 SIDEWALK CAFES BY ADDING A
moved that the communication be received and
NEW SECTION 41-179 SIDEWALK CAFÉ
filed and approved recommendation. Seconded
DEFINED; AND BY AMENDING SECTION 41-
by Cline. Motion carried 7-0.
180 AUTHORIZING SIDEWALK CAFES FOR
ONLY RESTAURANTS OR RETAIL
The following was pulled from the Agenda:
BUSINESSES WHERE MORE THAN FIFTY
Final Plat – Eagle Valley Subdivision: City
PERCENT (50%) OF THE BUSINESS
Manager recommending approval of the final
CONDUCTED ON THE PREMISES IS THE
plat of Eagle Valley Subdivision located along
SALE OR DISPENSING OF FOOD OR RETAIL
Roosevelt Road and a Resolution approving
ITEMS
final plat of Lots 1-2, inclusive, of Block 1, Lots
1-27, inclusive of Block 2, Lots 1-13, inclusive, of
238 Regular Session, August 4, 2003
NOW THEREFORE, BE IT ORDAINED BY and read. Buol moved that the communication
THE CITY COUNCIL OF THE CITY OF be received and filed. Seconded by Nicholson.
DUBUQUE, IOWA AS FOLLOWS: Motion carried 7-0.
Section 1. Chapter 41, Division 6 of the City of
Dubuque Code of Ordinances is hereby An Ordinance Amending the City of Dubuque
amended by adding thereto the following: Code of Ordinances Chapter 11, Buildings and
Sec. 41-179. Sidewalk Café Defined: Sidewalk Building Regulations, by adopting a new Article
café shall mean a group of tables, chairs, V Condominium Conversions requiring that an
barriers or partitions, trash containers and existing structure shall not be converted to a
suitable decorative devices maintained upon any horizontal property regime unless the converted
part of the public right of way next to a storefront structure meets Building Code requirements and
used by an establishment with a valid food and providing the procedure for the issuance of a
drink permit for the sale to the public of food, Certificate of Compliance, presented and read.
refreshments and beverages of all kinds.
OFFICIAL PUBLICATION
Section 2. Sec. 41-180 of the City of Dubuque
ORDINANCE NO. 61-03
Code of Ordinances is amended to read as
AMENDING THE CITY OF DUBUQUE CODE
follows:
OF ORDINANCES CHAPTER 11 BUILDINGS
Sec. 41-180. Sidewalk Cafés Authorized:
AND BUILDING REGULATIONS BY
(a) A sidewalk café in the public right of way
ADOPTING A NEW ARTICLE V
may be operated only as set forth in this
CONDOMINIUM CONVERSIONS REQUIRING
Division.
THAT AN EXISTING STRUCTURE SHALL
(b) A sidewalk cafe in the public right of way
NOT BE CONVERTED TO A HORIZONTAL
shall be permitted only in districts zoned C-4
PROPERTY REGIME UNLESS THE
Downtown Commercial District, C-5 Business
CONVERTED STRUCTURE MEETS BUILDING
District or OC Office Commercial District or in
CODE REQUIREMENTS AND PROVIDING
the Port of Dubuque PUD District.
THE PROCEDURE FOR THE ISSUANCE OF A
(c) The sidewalk cafe area must be contiguous
CERTIFICATE OF COMPLIANCE
with a side of a building wherein a restaurant or
food service establishment is located. NOW, THEREFORE, BE IT ORDAINED BY
(d) Only restaurants or retail businesses where THE CITY COUNCIL OF THE CITY OF
more that fifty percent (50%) of the business DUBUQUE, IOWA:
conducted on the premises is the sale or Section 1. The City of Dubuque Code of
dispensing of food or retail items may request Ordinances Chapter 11 is amended by adopting
permission to operate a sidewalk café. The the following new article:
phrase “business conducted on the premises” V. Condominium Conversions
shall mean the total business revenue generated Sec. 11-70. Building Code Requirements:
on the premises during the previous calendar No person shall file a declaration in the office of
year. the county recorder to convert an existing
th
Passed, approved and adopted this 4 day of structure to a horizontal property regime unless
August, 2003. a certificate of compliance has been issued by
/s/Terrance M. Duggan, Mayor the City Manager that the converted structure
Attest: /s/Jeanne F. Schneider, CMC, City Clerk meets the building code requirements of this
Published officially in the Telegraph Herald Code of Ordinances in effect on the date of
th
Newspaper the 8 day of August, 2003. conversion.
/s/Jeanne F. Schneider, CMC, City Clerk Sec. 11-71. Filing Declaration with City Clerk:
1t 8/8 At least sixty days before being recorded in the
Buol moved that the requirement that a office of the county recorder, the declarant shall
proposed Ordinance be considered and voted file a copy of the declaration and as-built plans
on for passage at two Council Meetings prior to of the structure with the city clerk to enable the
the meeting at which it is to be finally passed be city to establish whether or not the converted
suspended and further moved final structure meets the building code requirements.
consideration and passage of the Ordinance. The declarant shall also at the time of filing the
Seconded by Markham. Motion carried 7-0. declaration and plans pay a condominium
conversion fee established by resolution of the
Conversion of Apartment Buildings to City Council.
Condominiums: City Manager recommending Sec. 11-72. City Manager to Investigate;
approval of an amendment to Chapter 11 Certificate of Compliance:
(Building Regulations) of the City’s Code of (1) Upon receipt of the plans, the City Manager
Ordinances to regulate the conversion of or the City Manager’s designee shall conduct an
apartment buildings into condominiums and inspection of the structure to determine whether
providing for fees for site and building or not the structure meets the building code
inspections related to the conversion, presented requirements.
Regular Session, August 4, 2003 239
(2) If the structure meets the building code If a building permit is not required: $30/staff
requirements, the City Manager shall issue a hour (one hour minimum)
certificate of compliance to the declarant. Certificate of Compliance
(3) If the structure does not meet the building If a building permit is required: $0 (declarant
requirements, the City Manager shall notify the will be assessed building permit fee)
declarant in writing as to the building code If building permit is not required: $25
requirements not met by the structure. Passed, approved and adopted this 4th day of
th
Passed, approved and adopted this 4 day of August, 20013.
August, 2001. Terrance M. Duggan, Mayor
/s/Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk
Attest: /s/Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution.
Published officially in the Telegraph Herald Seconded by Nicholson. Motion carried 7-0.
th
Newspaper the 8 day of August, 2003.
/s/Jeanne F. Schneider, CMC, City Clerk Amending the Electrical Ordinance, Heating
1t 8/8 and Ventilating Ordinance, and the Plumbing
Buol moved that the requirement that a Ordinance: City Manager recommending
proposed Ordinance be considered and voted approval of three ordinances to increase the
on for passage at two Council Meetings prior to electrical license fees; mechanical license fees;
the meeting at which it is to be finally passed be and plumbing license fees as approved as part
suspended and further moved final of the recent Fiscal Year 2004 budget
consideration and passage of the Ordinance. amendment, presented and read. Markham
Seconded by Nicholson. Motion carried 7-0. moved that the communication be received and
filed. Seconded by Nicholson. Motion carried
RESOLUTION NO. 267-03
7-0.
RESOLUTION ADOPTING FEES FOR
CONVERSION OF EXISTING STRUCTURES
An Ordinance Amending the City of Dubuque
USED FOR HUMAN HABITATION TO
Code of Ordinances, Section 18-2, Article 83-7,
HORIZONTAL PROPERTY REGIMES
Table 13-B Electrical Examination, License and
(CONDOMINIUMS).
Registration Fees, presented and read.
Whereas, Iowa law and the City of Dubuque
ORDINANCE NO.62-03
Code of Ordinances require that if an existing
AN ORDINANCE OF THE CITY OF DUBUQUE,
structure used for human habitation is to be
IOWA PROVIDING THAT THE CODE OF
converted to a horizontal property regime
ORDINANCES, CITY OF DUBUQUE, IOWA BE
(condominium), the declarant must file the
AMENDED BY REVISING THE ELECTRICAL
declaration with the city in which the regime is
EXAMINATION, LICENSE AND REGISTRA-
located so the city can inspect the structure;
TION FEES.
Whereas, Iowa law and the City of Dubuque
Code of Ordinances require that the existing NOW, THEREFORE, BE IT ORDAINED BY
structure used for human habitation shall not be THE CITY COUNCIL OF THE CITY OF
converted to a horizontal property regime unless DUBUQUE, IOWA:
the city’s building code requirements in effect at Section 1. That Section 18-2 of the Code of
the time of the conversion are met; Ordinances of the City of Dubuque, Iowa be
Whereas, the City Council adopted an amended by amending Section 18-2, Article 83-
ordinance authorizing the adoption of a fee 7 by revising Table 13-B:
schedule to offset the costs of conducting the Article 83-7:
required inspections. TABLE 13-B
NOW, THEREFORE, BE IT RESOLVED BY Electrical Examination, License and
THE CITY COUNCIL OF THE CITY OF Registration Fees
DUBUQUE, IOWA: 1. Initial fee for Class I registration $150
The fees to conduct site and building 2. Initial fee for Class II registration $120
inspections and to fulfill all other obligations of 3. Initial fee for Class III registration $100
Iowa law and the City of Dubuque Code of 4. Initial fee for Class IV registration $ 15
Ordinances shall be as follows: 5. Renewal fee for Class I registration $ 75
Initial consultation requesting information on 6. Renewal fee for Class II registration $ 60
the City’s condominium conversion policy: $0 7. Renewal fee for Class III registration $ 50
Condominium conversion: $200 8. Renewal fee for Class IV registration $ 15
(includes project specific consultation and plan 9. Examination fees are set by the testing
review) agency.
Inspection Section 2. When Effective. This Ordinance
If a building permit is required: $0 (declarant shall take effect immediately upon publication as
will be assessed building permit fee) provided by law.
240 Regular Session, August 4, 2003
Passed, approved and adopted this 4th day of consideration and passage of the Ordinance.
August, 2003. Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk An Ordinance Amending the City of Dubuque
Published officially in the Telegraph Herald Code of Ordinances Section 37-2, Table 20-B,
th
newspaper this 8 day of August, 2003. Plumbing Examination, License and Registration
Jeanne F. Schneider, City Clerk Fees, presented and read.
1t 8/8/03
OFFICIAL PUBLICATION
Markham moved that the requirement that a
ORDINANCE NO.64-03
proposed Ordinance be considered and voted
AMENDING THE CITY OF DUBUQUE CODE
on for passage at two Council Meetings prior to
OF ORDINANCES, SECTION 24-2, ARTICLE
the meeting at which it is to be finally passed be
308, TABLE 3-B MECHANICAL
suspended and further moved final
EXAMINATION, REGISTRATION AND
consideration and passage of the Ordinance.
CERTIFICATE OF COMPETENCY FEES.
Seconded by Nicholson. Motion carried 7-0.
NOW, THEREFORE, BE IT ORDAINED BY
An Ordinance Amending the City of Dubuque THE CITY COUNCIL OF THE CITY OF
Code of Ordinances, Section 24-2, Article 308, DUBUQUE, IOWA:
Table 3-B Mechanical Examination, Registration Section 1. That Section 24-2 Article 308 Table
and Certificate of Competency Fees, presented 3-B of the City of Dubuque Code of Ordinances
and read. be amended to read as follows:
TABLE 3-B
OFFICIAL PUBLICATION
Mechanical Examination, Registration and
ORDINANCE NO. 63-03
Certificate of Competency Fees
AMENDING THE CITY OF DUBUQUE CODE
1. Initial certificate of registration $150
OF ORDINANCES, SECTION 24-2, ARTICLE
2. Initial certificate of competency $100
308, TABLE 3-B MECHANICAL EXAMINA-
3. Renewal certificate of registration $ 75
TION, REGISTRATION AND CERTIFICATE OF
4. Renewal certificate of competency $ 50
COMPETENCY FEES.
5. Certificate of competency exam:
NOW, THEREFORE, BE IT ORDAINED BY (a) City-sponsored $ 50
THE CITY COUNCIL OF THE CITY OF (b) City-sponsored testing agency
DUBUQUE, IOWA: Set by the agency
Section 1. That Section 24-2 Article 308 Table Section 2. When Effective. This Ordinance
3-B of the City of Dubuque Code of Ordinances shall take effect immediately upon publication as
be amended to read as follows: provided by law.
th
TABLE 3-B Passed, approved and adopted this 4 day of
Mechanical Examination, Registration and August, 2003.
Certificate of Competency Fees Terrance M. Duggan, Mayor
1. Initial certificate of registration $150 Attest: Jeanne F. Schneider, City Clerk
2. Initial certificate of competency $100 Published officially in the Telegraph Herald
th
3. Renewal certificate of registration $ 75 newspaper this 8 day of August, 2003.
4. Renewal certificate of competency$ 50 Jeanne F. Schneider, City Clerk
5. Certificate of competency exam: 1t 8/8
(a) City-sponsored $ 50 Markham moved that the requirement that a
(b) City-sponsored testing agency Set by proposed Ordinance be considered and voted
the agency on for passage at two Council Meetings prior to
Section 2. When Effective. This Ordinance the meeting at which it is to be finally passed be
shall take effect immediately upon publication as suspended and further moved final
provided by law. consideration and passage of the Ordinance.
th
Passed, approved and adopted this 4 day of Seconded by Nicholson. Motion carried 7-0.
August, 2003.
PUBLIC INPUT
/s/Terrance M. Duggan, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald Rhodes (Bud) Isenhart, 8968 Quail Ridge
th
Newspaper the 8 day of August, 2003. Road, spoke about TIF funding and requested
/s/Jeanne F. Schneider, CMC, City Clerk an annual accounting of jobs created and how
1t 8/8 loans are repaid.
Markham moved that the requirement that a City Manager Van Milligen spoke of the great
proposed Ordinance be considered and voted number of jobs created and the formation of a
on for passage at two Council Meetings prior to positive future tax base.
the meeting at which it is to be finally passed be
suspended and further moved final
Regular Session, August 4, 2003 241
Marvin Nye of Peosta, IA spoke introducing
himself and informing them of his new
ambulance transfer business.
There being no further business, Michalski
moved to adjourn. Seconded by Markham.
Motion carried 7-0. The meeting adjourned at
8:41 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/13
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
242 Special Session, August 11, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Monday, August
11, 2003
Approved:__________________________2003
Council met at 5:30 P.M. in the Five Flags
Center – Orpheum Room
Adopted:___________________________2003
Present: Mayor Pro-Tem Cline, Council
Members Buol, Connors, Markham, Michalski,
______________________________________
Nicholson, City Manager Van Milligen,
Mayor
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 conducting a
______________________________________
worksession on the Transit Alternatives
Analysis.
______________________________________
Dan Meyers and Eric Padget of URS Corp,
______________________________________
Minneapolis, MN presented a project update on
the Transit Alternatives Analysis study which
______________________________________
included a review of the five alternative systems
Council Members
which have been identified to provide transit
service between the Port of Dubuque and
Attest:
downtown Dubuque. These alternatives include
a “No Build” system, two rubber-wheeled
______________________________________
systems and three steel-wheeled systems.
City Clerk
Another update will be provided in September,
2003.
There being no further business, Markham
moved to adjourn. Seconded by Connors.
Motion carried 6-0. The special session
adjourned at 6:36 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/20
Regular Session, August 18, 2003 243
DUBUQUE
filed. Seconded by Markham. Motion carried 6-
0.
CITY COUNCIL
Investment Oversight Commission submitting
OFFICIAL
st
the 41 Quarterly Report, presented and read.
PROCEEDINGS
Buol moved that the report be received and filed.
Seconded by Markham. Motion carried 6-0.
City Council, Regular Session, August 18,
2003
Notice of Claims/Suits: Gerald Brimeyer for
Council met in Regular Session at 6:30 P.M. in
vehicle damage; Bernice L. Petersen for
the Library Auditorium
personal injury, presented and read. Buol moved
that the claims be referred to the Legal Staff for
Present: Mayor Pro-Tem Cline, Council
investigation and report. Seconded by Markham.
Members Buol, Connors, Markham, Michalski,
Motion carried 6-0.
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl
Corporation Counsel advising that the claim of
Absent: Mayor Duggan
Duwane Hingtgen for stolen property has been
referred to the Clerk of Court at the Dubuque
Mayor Pro-Tem Cline read the call and stated
County Courthouse, presented and read. Buol
this is a regular session of the City Council
moved that the communication be received and
called for the purpose of discussing such
filed and to concur with recommendation.
matters which may properly come before the
Seconded by Markham. Motion carried 6-0.
City Council.
Corporation Counsel recommending denial of
Invocation was given by Sister Rosalyn Ulfers,
the claim of Jodie L. Bauer for vehicle damage
PBVM, Chaplain, Mercy Medical Center
and Patricia Ott for vehicle damage, presented
and read. Buol moved that the communication
Proclamation: Tour de Dubuque Day (August
be received and filed and to concur with
23, 2003) received by Mike Martin and
recommendation. Seconded by Markham.
representatives of the Customer Riders and
Motion carried 6-0.
Bicycle Club of Dubuque
Corporation Counsel recommending settle-
CONSENT ITEMS
ment of the claims of Michael Francois for
vehicle damage and Ronald Weitz for property
Minutes and Reports Submitted: City Council
damage and directing Finance Department to
of 8/4 and 8/11; Community Development
issue payment, presented and read. Buol moved
Advisory Commission of 6/25; Downtown
that the communication be received and filed
Planning Committee of 7/14; Five Flags
and to concur with the recommendation and
Commission of 6/16; Investment Oversight
Finance Director to issue proper check.
Advisory Commission of 7/24; Joint City County
Seconded by Markham. Motion carried 6-0.
Planning Committee of 7/23; Zoning Advisory
Commission of 7/2; Zoning Board of Adjustment
Forest Grange Subdivision #2: Zoning
of 7/24, presented and read. Buol moved that
Advisory Commission recommending approval
the minutes be received and filed. Seconded by
of the final plat of Lots 1-3, inclusive, of Forest
Markham. Motion carried 6-0.
Grange Subdivision #2 at the request of Jim
Gantz, presented and read. Buol moved that
Proof of publication of Council Proceedings of
the communication be received and filed.
July 21, 2003 and July 28, 2003, presented and
Seconded by Markham. Motion carried 6-0.
read. Buol moved that the proofs be received
and filed. Seconded by Markham. Motion RESOLUTION NO. 268-03
RESOLUTION APPROVING THE FINAL PLAT
carried 6-0.
OF LOTS 1-3, INCLUSIVE, OF FOREST
GRANGE SUBDIVISION NO. 2 IN DUBUQUE
Printed Council Proceedings for June, 2003,
COUNTY, IOWA
presented and read. Buol moved that the
proceedings be received and filed and approved
Whereas, there has been filed with the City
as printed. Seconded by Markham. Motion
Clerk a final plat of Lots 1-3, inclusive, of Forest
carried 6-0.
Grange Subdivision No. 2 in Dubuque County,
Iowa; and
Finance Director submitting the Financial
Whereas, the final plat has been examined by
Reports for the month ending July 31, 2003,
the Zoning Advisory Commission and has its
presented and read. Buol moved that the
approval endorsed thereon, with the waiver of
communication and reports be received and
Article IV, Design and Improvement Standards
244 Regular Session, August 18, 2003
of the Subdivision Regulations, except for equal to the amount of his contract, less any
Section 41-29(b); and retained percentage provided for therein.
Whereas, said final plat has been examined by Passed, approved and adopted this 18th day
the City Council and they find that it conforms to of August, 2003.
the statutes and ordinances relating thereto. Patricia A. Cline, Mayor Pro-Tem
NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution.
DUBUQUE, IOWA: Seconded by Markham. Motion carried 6-0.
Section 1. That the City Council hereby waives
RESOLUTION NO. 270-03
Article IV, Design and Improvement Standards
FINAL ESTIMATE
of the Subdivision Regulations, except Section
42-19(b), Lots and Blocks. WHEREAS, the contract for the FLORA PARK
Section 2. That the final plat of Lots 1-3, REST ROOM CONSTRUCTION PROJECT has
inclusive, of Forest Grange Subdivision No. 2 in been completed and the Engineer has submitted
Dubuque County, Iowa, is hereby approved and his final estimate showing the cost thereof
the Mayor and City Clerk are hereby authorized including the cost of estimates, notices and
and directed to endorse the approval of the City inspection and all miscellaneous costs;
of Dubuque, Iowa, upon said subdivision plat. NOW, THEREFORE, BE IT RESOLVED, BY
th
Passed, approved and adopted this 18 day of THE CITY COUNCIL OF THE CITY OF
August 2003. DUBUQUE, IOWA:
Patricia A. Cline, Mayor Pro-Tem Section 1. That the cost of said improvement
Attest: Jeanne F. Schneider, City Clerk is hereby determined to be $123,627.71, and the
Buol moved adoption of the Resolution. said amount shall be paid from the General
Seconded by Markham. Motion carried 6-0. Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day
Cedar Ridge Farms Place #4: Communication of August, 2003.
from Julien G. Nemmers, Nemmers Cedar Patricia A. Cline, Mayor Pro-Tem
Ridge Farm Partnership, requesting acceptance Attest: Jeanne F. Schneider, City Clerk
of Cedar Ridge Farm Place #4 Subdivision, Lots Buol moved adoption of the Resolution.
1-7, with all the improvements, in the City of Seconded by Markham. Motion carried 6-0.
Dubuque, Iowa, upon motion received and filed
and referred to the City Manager. City Development Board: Notification from the
City Development Board advising that they have
Flora Park Rest Room Construction Project: denied the voluntary annexation request of the
City Manager recommending acceptance of the City of Sageville, presented and read. Buol
Flora Park Rest Room Construction Project as moved that the communication be received and
completed by S & S Construction in the final filed. Seconded by Markham. Motion carried 6-
contract amount of $123,627.71, presented and 0.
read. Buol moved that the communication be
received and filed. Seconded by Markham. Request to Purchase City-Owned Property:
Motion carried 6-0. Communication from Michelle Kenline, 105
South Grandview Avenue, requesting to
RESOLUTION NO. 269-03
purchase a portion of a City alley abutting her
ACCEPTING IMPROVEMENT
property at 105 South Grandview, presented
WHEREAS, the contract for the FLORA PARK and read. Buol moved that the communication
REST ROOM CONSTRUCTION PROJECT has be received and filed and referred to the City
been completed and the City Manager has Manager. Seconded by Markham. Motion
examined the work and filed his certificate carried 6-0.
stating that the same has been completed
according to the terms of the contract, plans and Utility Franchise Fee: Communication from
specifications and recommends its acceptance. City Manager Michael C. Van Milligen to Joseph
NOW, THEREFORE, BE IT RESOLVED, BY Ertl regarding the City of Dubuque’s utility
THE CITY COUNCIL OF THE CITY OF franchise fee, presented and read. Buol moved
DUBUQUE, IOWA: that the communication be received and filed.
1. That the recommendation of the City Seconded by Markham. Motion carried 6-0.
Manager be approved and that said
improvement be and the same is hereby Collective Bargaining Agreement – Amal-
accepted. gamated Transit Union: City Manager
BE IT FURTHER RESOLVED that the City recommending approval of the collective
Treasurer be and he is hereby directed to pay to bargaining agreement between the City of
the contractor from the General Fund in amount Dubuque and the Amalgamated Transit Union,
Local #329, effective July 1, 2003, presented
Regular Session, August 18, 2003 245
and read. Buol moved that the communication Protein Corporation for a period of four years,
be received and filed. Seconded by Markham. presented and read. Buol moved that the
Motion carried 6-0. communication be received and filed and
approved recommendation. Seconded by
RESOLUTION NO. 271-03
Markham. Motion carried 6-0.
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
Section 8 Program Recognition: City Manager
AMALGAMATED TRANSIT UNION, LOCAL
advising that HUD has recently recognized the
#329 AND AUTHORIZING THE MAYOR TO
Housing Department Section 8 Rental
SIGN THE AGREEMENT
Assistance Program with two certificates of
Whereas, the Sixty-Fifth General Assembly achievement, presented and read. Michalski
adopted the Public Employment Relations Act, moved that the communication be received and
Chapter 20, Code of Iowa; and filed. Seconded by Buol. Motion carried 6-0.
Whereas, the City of Dubuque is public
employer within the meaning of Section 3 (1) of Local Law Enforcement Block Grant
the Public Employment Relations Act; and Application: City Manager recommending
Whereas, the Amalgamated Transit Union, endorsement of the 2003 Local Law
Local #329 is an employee organization within Enforcement Block Grant application in the
the meaning of Section 3 (4) of the Public amount of $21,651 and approval of a Police
Employment Relations Act; and Department budget amendment to fund the cash
Whereas, the Amalgamated Transit Union, match in the amount of $2,406, presented and
Local #329 submitted a request to bargain read. Buol moved that the communication be
collectively on behalf of the employees within its received and filed and approved
representation; and recommendation. Seconded by Markham.
Whereas, bargaining between the parties has Motion carried 6-0.
occurred and an agreement has been
concluded. Temporary Remote Bus Parking: City Manager
NOW, THEREFORE, BE IT RESOLVED BY recommending approval to blacktop a
THE CITY COUNCIL OF THE CITY OF connecting driveway from the end of the Bell
DUBUQUE, IOWA: Street Extension west to the concrete pads on
Section 1. That the terms of the agreement be the old Peavey grain storage area and to
approved and the Mayor authorized and directed connect the two separate pads to provide
to sign the collective bargaining agreement. temporary remote bus parking, presented and
Passed, approved and adopted this 18th day read. Buol moved that the communication be
of August, 2003. received and filed and approved
Patricia A. Cline, Mayor Pro-Tem recommendation. Seconded by Markham.
Attest: Jeanne F. Schneider, City Clerk Motion carried 6-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0. Capital Improvement Project – Reallocation of
FAA Funds: City Manager recommending
Amendment to Collective Bargaining approval of the reallocation of FAA Funds for
Agreement – International Union of Operating two Capital Improvement Program projects at
Engineers: City Manager recommending the Airport, presented and read. Buol moved
approval of an amendment to the collective that the communication be received and filed
bargaining agreement between the City and the and approved recommendation. Seconded by
International Union of Operating Engineers, Markham. Motion carried 6-0.
presented and read. Buol moved that the
communication be received and filed and Iowa Department of Transportation Policy
approved recommendation. Seconded by Strategies: City Manager submitting proposed
Markham. Motion carried 6-0. comments on the Iowa Department of
Transportation (IDOT) Policy Strategies,
Quarterly Investment Report: City Manager presented and read. Michalski moved that the
submitting the Quarterly Investment Report for communication be received and filed. Seconded
the period ending June 30, 2003, presented and by Markham. Motion carried 6-0.
read. Buol moved that the communication and
report be received and filed. Seconded by Legislative Correspondence: Communication
Markham. Motion carried 6-0. from Senator Tom Harkin regarding the need for
federal assistance to States and local
Industrial Sewer Use Agreements: City governments, presented and read. Buol moved
Manager recommending approval of Sewer Use that the communication be received and filed.
Agreements with Rousselot (Sanofi Bio Seconded by Markham. Motion carried 6-0.
Industries), Swiss Valley Farms and Inland
246 Regular Session, August 18, 2003
Workers’ Compensation Claim: City Solicitor Dubuque Jaycees Dubuque Jaycees +
William G. Blum recommending approval of a (Outdoor Sale) Tent C Town Clock
proposed closed case agreement for a final CLASS “C” BEER PERMIT
settlement of a Workers’ Compensation Claim, Sid’s Beverage Store Inc. Sid’s Beverage+
presented and read. Buol moved that the (Sunday Sale) 2727 Dodge St
communication be received and filed and TFM Co. Oky Doky # 6+
approved recommendation. Seconded by (Sunday Sale) 1256 Iowa St
Markham. Motion carried 6-0. Passed, approved and adopted this 18th day
of August, 2003.
REAP Funding for the City of Farley: City Patricia A. Cline Mayor Pro-Tem
Manager submitting a communication to the Attest: Jeanne F. Schneider, CMC, City Clerk
REAP Evaluation Committee in support of the Buol moved adoption of the Resolution.
City of Farley’s application for funding of their Seconded by Markham. Motion carried 6-0.
Heritage Trail Connection project, presented
RESOLUTION NO. 274-03
and read. Buol moved that the communication
be received and filed and approved Whereas, applications for Liquor Licenses
recommendation. Seconded by Markham. have been submitted to this Council for approval
Motion carried 6-0. and the same have been examined and
approved; and
Business Licenses: Whereas, the premises to be occupied by such
applicants were inspected and found to comply
RESOLUTION NO. 272-03
with the State Laws and all City Ordinances
NOW, THEREFORE, BE IT RESOLVED BY relevant thereto and they have filed proper
THE CITY COUNCIL OF THE CITY OF bonds.
DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY
That the following having complied with the THE CITY COUNCIL OF THE CITY OF
provisions of law relating to the sale of DUBUQUE, IOWA:
Cigarettes within the City of Dubuque, Iowa, be That the Manager be authorized to cause to be
granted a permit to sell Cigarettes and Cigarette issued the following named applicants a Liquor
Papers within said City. License.
1 RENEWAL CLASS B (HOTEL/MOTEL) LIQUOR LICENSE
Shannon’s Bar & Grill Shannon’s Bar & GrillS M International LLC Days Inn+
nd
521 E. 22 St (Sunday/Outdoor Sale) 1111 Dodge St
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Passed, approved and adopted this 18 day of CLASS “C” BEER/LIQUOR LICENSE
August, 2003. David Erickson Lucky 13 Tap+
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Patricia A. Cline, Mayor Pro-Tem (Sunday Sale) 385 E. 13 St
Attest: Jeanne F. Schneider, CMC, City Clerk Famolo of Iowa Los Aztecas Mexican Rest.+
Buol moved adoption of the Resolution. (Sunday Sale) 2700 Dodge St
Seconded by Markham. Motion carried 6-0. Tri-State Golf Center Tri-State Golf Center+
(Sunday/Outdoor Sale) 1095 Cedar Cross
RESOLUTION NO. 273-03
CLASS B WINE (WB)
Whereas, applications for Beer Permits have Sid’s Beverage Sid’s Beverage
been submitted and filed to this Council for 2727 Dodge St
approval and the same have been examined TFM Co. Oky Doky # 6
and approved: and 1256 Iowa St
Whereas, the premises to be occupied by CLASS “C” BEER/LIQUOR LICENSE –
such applicants were inspected and found to SPECIAL 5 DAY EVENT
comply with the Ordinances of the City and have Carlos O’Kellys Carlos O’Kellys+
filed proper bonds. (Sunday/Outdoor Sale) Miller Riverview Park
NOW, THEREFORE, BE IT RESOLVED BY Grand Opera House Grand Opera House
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THE CITY COUNCIL OF THE CITY OF 10 & Jackson St
DUBUQUE, IOWA: Passed, approved and adopted this day of
That the Manager be authorized to cause to be 2003.
issued the following named applicants a Beer Patricia A. Cline, Mayor Pro-Tem
Permit. Attest: Jeanne F. Schneider, CMC, City Clerk
CLASS “B” BEER (5 – DAY SPECIAL EVENT) Buol moved adoption of the Resolution.
Riverfest Special Event Riverfest + Seconded by Markham. Motion carried 6-0.
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(Sunday/Outdoor Sale) 7 & Main St
Dubuque Jaycees Dubuque Jaycees + ITEMS TO BE SET FOR PUBLIC HEARING
(Outdoor Sale) Tent A Town Clock
Dubuque Jaycees Dubuque Jaycees + West Fifth Street – Request to Vacate: City
(Outdoor Sale) Tent B Town Clock Manager recommending that a public hearing be
Regular Session, August 18, 2003 247
set for September 2, 2003 to consider a request required for public use and vacating of said alley
from The Finley Hospital to vacate an alley known as Lot 6A of Finley Home Addition in the
southwest of West Fifth Street, presented and City of Dubuque, Dubuque County, Iowa should
read. Michalski moved that the communication be approved.
be received and filed. Seconded by Connors. NOW, THEREFORE, BE IT ORDAINED BY
Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 275-03
Section 1. That the real estate described as
RESOLUTION APPROVING PLAT OF
Lot 6A of Finley Home Addition in the City of
PROPOSED VACATED ALLEY SOUTHWEST
Dubuque, Iowa, be and the same is hereby
TH
OF WEST 5 STREET
vacated.
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Whereas, there has been presented to the City Passed, approved and adopted this 18 day of
Council of the City of Dubuque, Iowa, a plat August, 2003.
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dated the 5 day of August, 2003 prepared by Patricia A. Cline, Mayor Pro-Tem
IIW Engineers & Surveyors, PC describing the Attest: Jeanne F. Schneider, CMC, City Clerk
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proposed vacated alley southwest of West 5 Published officially in the Telegraph Herald
Street; and newspaper this 22nd day of August, 2003.
Whereas, said plat conforms to the laws and Jeanne F. Schneider, City Clerk
statutes pertaining thereto. 1t 8/22
NOW, THEREFORE, BE IT RESOLVED BY Michalski moved that the requirement that a
THE CITY COUNCIL OF THE CITY OF proposed Ordinance be considered and voted
DUBUQUE, IOWA: on for passage at two Council Meetings prior to
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Section 1. That the plat dated the 5 day of the meeting at which it is to be finally passed be
August, 2003 prepared by IIW Engineers & suspended and further moved final
Surveyors, PC relative to the real estate consideration and passage of the Ordinance.
hereinabove described be and the same is Seconded by Connors. Motion carried 6-0.
hereby approved, and the Mayor and City Clerk
RESOLUTION NO. 276-03
be and they are hereby authorized and directed
RESOLUTION OF INTENT TO DISPOSE OF
to execute said plat for and on behalf of the City
CITY INTEREST IN LOT 6A OF FINLEY HOME
of Dubuque, Iowa.
ADDITION IN THE CITY OF DUBUQUE, IOWA
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and Whereas, The Finley Hospital has requested
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certified copy of this resolution in the office of the vacating of an alley southwest of West 5
the Recorder in and for Dubuque County, Iowa. Street; and
Passed, approved and adopted this 18th day Whereas, IIW Engineers & Surveyors, PC has
of August, 2003. prepared and submitted to the City Council a
Patricia A. Cline, Mayor Pro-Tem plat showing the vacated alley southwest of
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Attest: Jeanne F. Schneider, CMC, City Clerk West 5 Street and assigned lot number thereto,
Michalski moved adoption of the Resolution. which hereinafter shall be known and described
Seconded by Connors. Motion carried 6-0. as Lot 6A of Finley Home Addition in the City of
Dubuque, Iowa; and
An Ordinance vacating the alley southwest of Whereas, the City Council of the City of
West Fifth Street, presented and read. Dubuque, Iowa has determined that this alley
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southwest of West 5 Street is no longer
OFFICIAL PUBLICATION
required for public use, except for utility
ORDINANCE NO. 65-03
easements as noted, and vacating and sale of
ORDINANCE VACATING THE ALLEY
said alley known as Lot 6A of Finley Home
TH
SOUTHWEST OF WEST 5 STREET
Addition in the City of Dubuque, Dubuque
Whereas, The Finley Hospital has requested County, Iowa should be approved.
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the vacating of the alley southwest of West 5 NOW, THEREFORE, BE IT RESOLVED BY
Street; and THE CITY COUNCIL OF THE CITY OF
Whereas, IIW Engineers & Surveyors, PC has DUBUQUE, IOWA:
prepared and submitted to the City Council a Section 1. That the City of Dubuque intends to
plat showing the vacated alley southwest of dispose of its interest in Lot 6A of Finley Home
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West 5 Street and assigned a lot number Addition in the City of Dubuque, Iowa.
thereto, which hereinafter shall be known and Section 2. That the conveyance of Lot 6A of
described as Lot 6A of Finley Home Addition in Finley Home Addition in the City of Dubuque,
the City of Dubuque, Dubuque County, Iowa; Iowa to The Finley Hospital be contingent upon
and the payment of $3,375.00, plus platting,
Whereas, the City Council of the City of publication and filing fees.
Dubuque, Iowa has determined that the alley Section 3. That the City Clerk be and is hereby
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southwest of West 5 Street is no longer authorized and directed to cause a notice of
248 Regular Session, August 18, 2003
intent to dispose of said real estate to be than four days nor more than twenty days prior
published in the manner as prescribed by law. to the day fixed for its consideration. At the
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Passed, approved and adopted this 18 day of hearing, any interested person may appear and
August, 2003. file objections to the proposed plans,
Patricia A. Cline, Mayor Pro-Tem specifications, contract, or estimated cost of the
Attest: Jeanne F. Schneider, CMC, City Clerk improvement.
Michalski moved adoption of the Resolution Passed, approved and adopted this 18th day
and set this for public hearing on 9/2/03 at a of August, 2003.
meeting to commence at 6:30 P.M. in the public Patricia A. Cline, Mayor Pro-Tem
library auditorium and that the City Clerk publish Attest: Jeanne F. Schneider, City Clerk
notice in the manner prescribed by law. Michalski moved adoption of the Resolution
Seconded by Connors. Motion carried 6-0. and set this for public hearing on 9/15/03 at a
meeting to commence at 6:30 P.M. in the public
In-Line Skate Rink Project – Initiate: City library auditorium and that the City Clerk publish
Manager recommending initiation of the bidding notice in the manner prescribed by law.
process for the In-Line Skate Rink Project and Seconded by Connors. Motion carried 6-0.
that a public hearing be set for September 15,
RESOLUTION NO. 279-03
2003, presented and read. Michalski moved that
ORDERING BIDS
the communication be received and filed.
Seconded by Connors. Motion carried 6-0. BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
RESOLUTION NO. 277-03
That the IN-LINE SKATE RINK CONCRETE
PRELIMINARY APPROVAL OF
PROJECT is hereby ordered to be advertised for
PLANS AND SPECIFICATIONS
bids for construction.
BE IT RESOLVED BY THE CITY COUNCIL BE IT FURTHER RESOLVED, that the amount
OF THE CITY OF DUBUQUE, IOWA: of the security to accompany each bid shall be in
That the proposed plans, specifications, form an amount which shall conform to the provisions
of contract and estimated cost for the IN-LINE of the notice to bidders hereby approved as a
SKATE RINK CONCRETE PROJECT, in the part of the plans and specifications heretofore
estimated amount of $76,000, are hereby adopted.
approved and ordered filed in the office of the That the City Clerk is hereby directed to
City Clerk, for public inspection. advertise for bids for the construction of the
Passed, approved and adopted this 18th day improvements herein provided, to be published
of August ,2003. in a newspaper having general circulation in the
Patricia A. Cline, Mayor Pro-Tem City of Dubuque, Iowa, which notice shall not be
Attest: Jeanne F. Schneider, City Clerk less than four days nor more than forty-five days
Michalski moved adoption of the Resolution. prior to the receipt of said bids at 2:00 p.m. on
Seconded by Connors. Motion carried 6-0. the 4th day of September, 2003. Bids shall be
opened and read by the City Clerk at said time
RESOLUTION NO. 278-03
and will be submitted to the Council for final
FIXING DATE OF HEARING
action at 6:30 p.m. on the 15th day of
ON PLANS AND SPECIFICATIONS
September, 2003.
WHEREAS, the City Council of the City of Passed, approved and adopted this 18th day
Dubuque, Iowa has given its preliminary of August, 2003.
approval on the proposed plans, specifications, Patricia A. Cline, Mayor Pro-Tem
and form of contract and placed same on file in Attest: Jeanne F. Schneider, City Clerk
the office of the City Clerk for public inspection Michalski moved adoption of the Resolution.
of the IN-LINE SKATE RINK CONCRETE Seconded by Connors. Motion carried 6-0.
PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY Voluntary Annexation: City Manager
THE CITY COUNCIL OF THE CITY OF recommending that a public hearing be set for
DUBUQUE, IOWA, that on the 15th day of December 1, 2003 to consider the voluntary
September, 2003, a public hearing will be held annexation of property in Dubuque County,
at 6:30 p.m. in the Public Library Auditorium, at presented and read. Michalski moved that the
which time interested persons may appear and communication be received and filed. Seconded
be heard for or against the proposed plans and by Connors. Motion carried 6-0.
specifications, form of contract and cost of said
RESOLUTION NO. 280-03
improvement, and the City Clerk be and is
RESOLUTION APPROVING ANNEXATION
hereby directed to cause a notice of time and
AGREEMENT FOR THE ANNEXATION OF
place of such hearing to be published in a
TERRITORY AND SETTING A PUBLIC
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
Regular Session, August 18, 2003 249
HEARING ON THE ANNEXATION OF SUCH
University Avenue Reconstruction Project –
TERRITORY
Initiate: City Manager recommending initiation
Whereas, the owners of approximately 641.5 of the bidding process for the University Avenue
acres of property along Middle Road, Seippel Reconstruction Project and that a public hearing
Road and Asbury Road in Dubuque County be set for September 15, 2003, presented and
have petitioned for the voluntary annexation of read. Michalski moved that the communication
such property to the City of Dubuque, copies of be received and filed. Seconded by Connors.
which petitions are attached hereto; and Motion carried 6-0.
Whereas, the property owners have executed
RESOLUTION NO. 281-03
an Agreement with the City of Dubuque with
PRELIMINARY APPROVAL OF
respect to such annexation, a copy of which is
PLANS AND SPECIFICATIONS
attached hereto; and
Whereas, in order to comply with state law by NOW THEREFORE, BE IT RESOLVED BY
avoiding the creation of islands of land in the THE CITY COUNCIL OF THE CITY OF
County, the annexation territory includes DUBUQUE, IOWA:
approximately 48 acres of additional properties That the proposed plans, specifications, form
but for which properties the owners have not of contract and estimated cost for the University
consented to annexation, for a total of Avenue Reconstruction Project from Delhi to
approximately 690 acres as shown on Exhibit A Alta Vista and the University Avenue Patching
attached to the Agreement and as shown on Project from Alta Vista to Spruce Street in the
Exhibit B attached to this resolution; and estimated amount $1,612,749.20 are hereby
Whereas, the owners of approximately 93% of approved and ordered filed in the office of the
the annexation territory have consented to the City Clerk for public inspection.
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annexation; Passed, adopted and approved this 18 day of
Whereas, the annexation petitions have been August, 2003.
found to be consistent with the Comprehensive Patricia A. Cline, Mayor Pro-Tem
Plan and the Proposed Land Use Map of the Attest: Jeanne F. Schneider, CMC, City Clerk
Comprehensive Plan; and Michalski moved adoption of the Resolution.
Whereas, the City has the capability to provide Seconded by Connors. Motion carried 6-0.
services to the area in a timely manner; and
RESOLUTION NO. 282-03
Whereas, the future growth and development of
FIXING DATE OF HEARING
the City of Dubuque, Iowa makes it desirable
ON PLANS AND SPECIFICATIONS
that said territory be made part of the City of
Dubuque, Iowa; and Whereas, the City Council of the City of
Whereas, state law requires that the petitions Dubuque, Iowa has given its preliminary
for annexation be set for public hearing. approval on the proposed plans, specifications,
NOW THEREFORE, BE IT RESOLVED BY and form of contract and placed same on file in
THE CITY COUNCIL OF THE CITY OF the office of the City Clerk for public inspection
DUBUQUE, IOWA: of the University Avenue Reconstruction Project
Section 1. The Agreement attached hereto is from Delhi to Alta Vista and the University
hereby approved. Avenue Patching Project from Alta Vista to
Section 2. The City Clerk is hereby authorized Spruce Street.
and directed to cause this Resolution and a notice NOW THEREFORE, BE IT RESOLVED BY
to be published as prescribed by Iowa law of a THE CITY COUNCIL OF THE CITY OF
public hearing on the petitions for annexation, to DUBUQUE, IOWA:
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be held on the 1 day of December 2003, at 6:30 That a public hearing will be held on the 15
o'clock p.m. at the public library auditorium, 11th & day of September, 2003, at 6:30 p.m. in the
Locust, Dubuque, Iowa, and to provide such other Public Library Auditorium at which time
notice as is required by law. interested persons may appear and be heard for
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Passed, approved and adopted this 18 day of or against the proposed plans and
August 2003. specifications, form of contract and cost of said
Patricia A. Cline, Mayor Pro-Tem improvement, and the City Clerk be and is
Attest: Jeanne F. Schneider, City Clerk hereby directed to cause a notice of time and
Michalski moved adoption of the Resolution place of such hearing to be published in a
and set it for public hearing on the Annexation of newspaper having general circulation in the City
such Territory for 12/1/03 at a meeting to of Dubuque, Iowa, which notice shall be not less
commence at 6:30 P.M. in the Public Library than four days nor more than twenty days prior
Auditorium and that the City Clerk publish notice to the day fixed for its consideration. At the
in the manner prescribed by law. Seconded by hearing, any interested person may appear and
Connors. Motion carried 6-0. file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
250 Regular Session, August 18, 2003
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Passed, adopted and approved this 18 day of Patricia A. Cline, Mayor Pro-Tem
August, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk
Patricia A. Cline, Mayor Pro-Tem Michalski moved adoption of the Resolution.
Attest: Jeanne, F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 6-0.
Michalski moved that this be set for public
RESOLUTION NO. 284-03
hearing on 9/15/03 at a meeting to commence at
FIXING DATE OF HEARING
6:30 P.M. in the public library auditorium and
ON RESOLUTION OF NECESSITY
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Connors. Whereas, the City Council of the City of
Motion carried 6-0. Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
RESOLUTION NO. 283-03
and form of contract and placed same on file in
RESOLUTION OF NECESSITY
the office of the City Clerk for public inspection
Whereas, proposed plans have been duly for the University Avenue Reconstruction Project
prepared and approved by the City Council of from Delhi to Alta Vista and the University
the City of Dubuque and are now on file in the Avenue Patching Project from Alta Vista to
office of City Clerk showing among other things Spruce Street; and
the plans, specifications, form of contract, Whereas, the proposed Resolution of
estimated cost and preliminary plat and Necessity for said improvement has been
schedule showing the amount proposed to be introduced and is now on file in the City Clerk's
assessed against each lot and the valuation of office for public inspection.
each lot as filed by the City Council, for the NOW THEREFORE, BE IT RESOLVED BY
University Avenue Reconstruction Project from THE CITY COUNCIL OF THE CITY OF
Delhi to Alta Vista and the University Avenue DUBUQUE, IOWA:
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Patching Project from Alta Vista to Spruce That on the 15 day of September, 2003, a
Street. public hearing will be held at 6:30 p.m. in the
NOW THEREFORE, BE IT RESOLVED BY Public Library Auditorium in the City of Dubuque
THE CITY COUNCIL OF THE CITY OF at which time the owners of property subject to
DUBUQUE, IOWA: assessment for the proposed improvement or
That the City Council deems it advisable and any other person having an interest in the matter
necessary for the public welfare to make the may appear and be heard for or against the
herein mentioned improvements, and unless making of the improvement, the boundaries of
property owners at the time of the final the district, the cost, the assessment against any
consideration of this proposed resolution have lot, or the final adoption of a Resolution of
on file with the City Clerk objections to the Necessity and the City Clerk be and is hereby
Resolution of Necessity, they shall be deemed authorized and directed to cause a notice of time
to have waived all objections pertaining to the and place of such hearing to be published in a
regularity of the proceeding and the legality of newspaper having general circulation in the City
using the special assessment procedure. of Dubuque, Iowa, which notice shall be
Said improvements shall be constructed and published once each week for two consecutive
done in accordance with the plans and weeks, the first publication of which shall be not
specifications which have been approved by the less than ten days prior to the day fixed for its
City Council and now on file with the City Clerk. consideration. Unless property owners at the
That the cost and expense of making such time of the final consideration of this proposed
improvement will be assessed partially or totally resolution have on file with the City Clerk
against privately owned property lying with the objections to the Resolution of Necessity they
assessment limits, and in an amount not to shall be deemed to have waived all objections
exceed that provided by law, and in proportion to thereto.
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the special benefits conferred. Passed, adopted and approved this 18 day of
The portion of the cost which shall be borne by August, 2003.
the City will be paid from: STP Funds, Patricia A. Cline, Mayor Pro-Tem
Watermain Construction Fund, Sanitary Sewer Attest: Jeanne F. Schneider, CMC, City Clerk
Construction Fund, 1% Local Option Sales Tax Michalski moved that this be set for public
Fund, and special assessment bonds may be hearing on 9/15/03 at a meeting to commence at
issued in anticipation of deferred payments of 6:30 P.M. in the public library auditorium and
assessments when a contract has been that the City Clerk publish notice in the manner
performed and accepted, and the proceeds prescribed by law. Seconded by Connors.
thereof used to pay the contractor. Motion carried 6-0.
The above resolution was introduced,
approved and ordered placed on file with the
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City Clerk this 18 day of August, 2003.
Approved and placed on file for final action.
Regular Session, August 18, 2003 251
RESOLUTION NO. 285-03
September 15, 2003 to consider the
RESOLUTION APPROVING PRELIMINARY
establishment of interceptor sanitary sewer
SCHEDULE OF ASSESSMENTS
connection fees for the County Farm drainage
NOW THEREFORE, BE IT RESOLVED BY basin area.
THE CITY COUNCIL OF THE CITY OF
BOARDS/COMMISSIONS
DUBUQUE, IOWA:
That the attached sheets, 1 to 3 inclusive, are
hereby determined to be the schedule of Appointments to the following Boards /
proposed assessments for the University Commissions:
Avenue Reconstruction Project from Delhi to HOUSING COMMISSION (One Section 8 - 3-
Alta Vista and the University Avenue Patching year term through 8/17/06 – term of Plein; Three
Project from Alta Vista to Spruce Street and the 3-year terms through 8/17/06) - Applicants:
valuations set out herein are hereby approved. John Plein (Section 8), Dorothy Culbertson, Jim
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Passed, approved and adopted this 18 day of Holz, and Danita Grant. Michalski moved that
August, 2003. John Plein, Dorothy Culbertson, Jim Holz and
Patricia A. Cline, Mayor Pro-Tem Danita Grant be reappointed to the Housing
Attest: Jeanne F. Schneider, CMC, City Clerk Commission for three year terms to expire
Michalski moved adoption of the Resolution. 8/17/06. Seconded by Connors. Motion carried
Seconded by Connors. Motion carried 6-0. 6-0.
TV CABLE TELEPROGRAMMING COMMIS-
RESOLUTION NO. 286-03
SION (Two unexpired terms through 6/30/06;
ORDERING BIDS
One 3-year term through 6/30/06 – term of
NOW THEREFORE, BE IT RESOLVED BY Tigges) Applicant: Jennifer Tigges. Markham
THE COUNCIL OF THE CITY OF DUBUQUE, moved that Jennifer Tigges be reappointed to a
IOWA: three year term which will expire 6/30/06.
That the University Avenue Reconstruction Seconded by Buol. Motion carried 6-0.
Project from Delhi to Alta Vista and the
PUBLIC HEARINGS
University Avenue Patching Project from Alta
Vista to Spruce Street is hereby ordered to be
advertised for bids for construction. Michalski moved to suspend the rules to allow
BE IT FURTHER RESOLVED, that the amount anyone present to speak. Seconded by
of the proposal guaranty shall be no less than Markham. Motion carried 6-0.
the amount as set forth in the proposal form and
shall be filed with each proposal. Voluntary Annexation/Rezoning Request –
That the City Clerk is hereby directed to Callahan Construction: Proof of publication on
advertise for bids for the construction of the notice of hearing to consider a voluntary
improvements herein provided, to be published annexation request by Callahan Construction,
in a newspaper having general circulation in the Inc for forty acres of land on Seippel Road north
City of Dubuque, Iowa, which notice shall not be of the Dubuque Industrial Center West,
less than twenty-one days nor more than forty-concurrent with rezoning, and City Manager
five days prior to the receipt of said bids at 10:00 recommending approval of the annexation and
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a.m. Central Time on the 16 day of September, establishing the connection charge to the City’s
2003 at the Iowa Department of Transportation. interceptor sanitary sewer system at $500 per
Bids shall be opened and read by the Iowa acre; Proof of publication on notice of hearing to
Department of Transportation in Ames, Iowa, consider rezoning property on the east side of
after 10:30 a.m. Central Time on the same date Seippel Road from County R-2 Single-Family
such as the bids are scheduled to be received. Residential District to City R-2 Two-Family
Bids shall be submitted to the Council for final Residential District and CS Commercial Service
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action at 6:30 p.m. on the 6 day of October, and Wholesale District, in conjunction with
2003, subject to the concurrence of the Federal annexation, as requested by Joel Callahan and
Highway Administration. Zoning Advisory Commission recommending
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Passed, adopted and approved this 18 day of approval; Communication from the Zoning
August, 2003. Advisory Commission advising that they have
Patricia A. Cline, Mayor Pro-Tem approved the preliminary plat of Westbrook
Attest: Jeanne F. Schneider, CMC, City Clerk Subdivision located in Dubuque County as
Michalski moved adoption of the Resolution. requested by Joel Callahan, presented and
Seconded by Connors. Motion carried 6-0. read. Buol moved that the proof and
communications be received and filed.
The following item was removed from the Seconded by Connors. Motion carried 6-0.
Agenda: Establishment of Interceptor Sanitary
Sewer Connection Fees: City Manager
recommending that a public hearing be set for
252 Regular Session, August 18, 2003
RESOLUTION NO. 287-03
voluntary annexation with the State of Iowa in
RESOLUTION APPROVING APPLICATION
accordance with State regulations.
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FOR VOLUNTARY ANNEXATION OF
Passed, approved and adopted this 18 day of
TERRITORY OWNED BY CALLAHAN
August 2003.
CONSTRUCTION, INC.
Patricia A. Cline, Mayor Pro-Tem
Whereas, Joel Callahan, President of Callahan Attest: Jeanne F. Schneider, City Clerk
Construction, Inc., property owner, has Buol moved adoption of the Resolution.
submitted a written application for voluntary Seconded by Connors. Motion carried 6-0.
annexation of approximately 40 acres of territory
lying outside the corporate limits of the City of An Ordinance Amending Appendix A (the
Dubuque, Iowa, as legally described in Exhibit A Zoning Ordinance) of the City of Dubuque Code
and as shown in Exhibit B; and of Ordinances by reclassifying hereinafter
Whereas, the annexation territory is not described property located along Seippel Road
subject to an existing annexation moratorium; from Dubuque County R-2 Single-Family
and Residential District to City of Dubuque R-2 Two-
Whereas, the annexation territory does not Family Residential and CS Commercial Service
include any State or railroad property; and and Wholesale District, concurrent with
Whereas, the annexation territory does include annexation, presented and read.
County road right-of-way; and;
OFFICIAL PUBLICATION
Code of Iowa
Whereas, Chapter 368 of the
ORDINANCE NO. 66-03
authorizes the extension of City limits in
AN ORDINANCE AMENDING APPENDIX A
situations of this character by adoption of a
(THE ZONING ORDINANCE) OF THE CITY OF
resolution after notification as required by State
DUBUQUE CODE OF ORDINANCES BY
regulations; and
RECLASSIFYING HEREINAFTER DESCRI-
Whereas, this request has been found to be
BED PROPERTY LOCATED ALONG SEIPPEL
consistent with the Comprehensive Plan and the
ROAD FROM DUBUQUE COUNTY R-2
Proposed Land Use Map of the Comprehensive
SINGLE-FAMILY RESIDENTIAL DISTRICT TO
Plan; and
CITY OF DUBUQUE R-2 TWO-FAMILY
Whereas, the future growth and development
RESIDENTIAL AND CS COMMERCIAL
of the City of Dubuque, Iowa makes it desirable
SERVICE AND WHOLESALE DISTRICT,
that said territory be made part of the City of
CONCURRENT WITH ANNEXATION
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY Whereas, Joel Callahan, property owner, have
THE CITY COUNCIL OF THE CITY OF requested rezoning concurrent with annexation
DUBUQUE, IOWA: to the City of Dubuque in accordance with
Section 1. That the corporate limits of Section 2-3 of Appendix A (Zoning Ordinance) of
Dubuque, Iowa, be and they are hereby the City of Dubuque Code of Ordinances; and
extended to include the territory as legally Whereas, this request has been found to be
described in Exhibit A and as shown in Exhibit consistent with the Comprehensive Plan and the
B. Future Land Use Map of the Comprehensive
Section 2. The territory hereby annexed shall Plan.
become a part of the Fifth Precinct of the First NOW, THEREFORE, BE IT ORDAINED BY
Ward of the City of Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF
Section 3. The City shall provide for the DUBUQUE, IOWA:
transition for the imposition of City taxes against Section 1. That Appendix A (The Zoning
property owner’s property, as provided by Ordinance) of the City of Dubuque Code of
Code of Iowa
Chapter 368 of the . The property Ordinances is hereby amended by reclassifying
owner’s property shall be entitled to the following the hereinafter-described property from
partial exemption from taxation for City taxes for Dubuque County R-2 Single-Family Residential
a period of five years: District to City of Dubuque R-2 Two-Family
st
a. For the 1 year, 75% Residential District and CS Commercial Service
nd
b. For the 2 year, 60% and Wholesale District, to wit:
rd
c. For the 3 year, 45% Lot 1 of the SW ¼ of the NW1/4 and Lot 2 of the
th
d. For the 4 year, 30% SE ¼ of the NW ¼ in Section 30, T89N, R2E of
thth
e. For the 5 year, 15% the 5 P.M., and to the centerline of the
Section 4. That the connection charge for adjoining public right-of-way, all in the City of
connection of the territory to the City interceptor Dubuque, Iowa.
sanitary sewer is established at $500.00 per Section 2. The foregoing amendment has
acre. heretofore been reviewed by the Zoning
Section 5. That the City Clerk shall file this Advisory Commission of the City of Dubuque,
resolution, all exhibits and the application for Iowa.
Regular Session, August 18, 2003 253
Section 3. This ordinance shall take effect Section 1. That Appendix A (The Zoning
immediately upon publication, as provided by Ordinance) of the City of Dubuque Code of
law, and at such time that the herein described Ordinances is hereby amended by reclassifying
property is legally annexed into the City of the hereinafter-described property from R-3
Dubuque, Iowa. Moderate Density Multi-Family Residential
th
Passed, approved and adopted this 18 day of District to C-2 Neighborhood Shopping Center
August 2003. District as shown in Exhibit 1, and to the
Patricia A. Cline, Mayor Pro-Tem centerline of the adjoining public right-of-way, all
Attest: Jeanne F. Schneider, City Clerk in the City of Dubuque, Iowa.
Published officially in the Telegraph Herald Section 2. The foregoing amendment has
nd
newspaper this 22 day of August, 2003. heretofore been reviewed by the Zoning
Jeanne F. Schneider, City Clerk Advisory Commission of the City of Dubuque,
1t 8/22 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 18 day of
suspended and further moved final August 2003.
consideration and passage of the Ordinance. Patricia A. Cline, Mayor Pro-Tem
Seconded by Connors. Motion carried 6-0. Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
nd
Kivlahan Farms LLC – Request to Rezone: newspaper this 22 day of September, 2003.
Proof of publication on notice of hearing to Jeanne F. Schneider, City Clerk
consider rezoning property located at the 1t 8/22
nd
intersection of West 32 Street and John F. Buol moved that the requirement that a
Kennedy Road from R-3 Moderate Density proposed Ordinance be considered and voted
Multi-Family Residential District to C-2 on for passage at two Council Meetings prior to
Neighborhood Shopping Center District at the the meeting at which it is to be finally passed be
request of Kivlahan Farms LLC and Zoning suspended and further moved final
Advisory Commission recommending approval, consideration and passage of the Ordinance.
presented and read. Buol moved that the proof Seconded by Connors. Motion carried 6-0.
and communication be received and filed.
Seconded by Connors. Motion carried 6-0. Wilmac Property Company – Request for
Conditional Use: Proof of publication on notice
Dave Frommelt, representing the Kivlahans, of hearing to consider allowing residential use as
spoke requesting adoption of the Ordinance. a conditional use in an HI Heavy Industrial
District at the request of Tim McNamara/Wilmac
An Ordinance Amending Appendix A (the Property Company, and City Manager
Zoning Ordinance) of the City of Dubuque Code recommending approval, presented and read.
of Ordinances by reclassifying hereinafter Buol moved that the proof and communication
described property located at the intersection of be received and filed. Seconded by Connors.
nd
West 32 Street and Honeysuckle Lane from R-Motion carried 6-0.
3 Moderate Density Multi-Family Residential
District to C-2 Neighborhood Shopping Center An Ordinance Amending Section 3-4.2(D) of
District, presented and read. the City of Dubuque Code of Ordinances by
adding residential use as a conditional use in the
OFFICIAL PUBLICATION
HI Heavy Industrial Zoning Districts, presented
ORDINANCE NO. 67-03
and read.
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF OFFICIAL PUBLICATION
DUBUQUE CODE OF ORDINANCES BY ORDINANCE NO. 68-03
RECLASSIFYING HEREINAFTER DESCRI-AN ORDINANCE AMENDING SECTION 3-
BED PROPERTY LOCATED AT THE 4.2(D) OF THE CITY OF DUBUQUE CODE OF
ND
INTERSECTION OF WEST 32 STREET AND ORDINANCES BY ADDING RESIDENTIAL
HONEYSUCKLE LANE FROM R-3 MOD-USE AS A CONDITIONAL USE IN THE HI
ERATE DENSITY MULTI-FAMILY RESI-HEAVY INDUSTRIAL ZONING DISTRICTS
DENTIAL DISTRICT TO C-2 NEIGHBORHOOD
NOW, THEREFORE, BE IT ORDAINED BY
SHOPPING CENTER DISTRICT
THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT ORDAINED BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF Section 1. That Section 3-4.2(D) of the Code
DUBUQUE, IOWA: of Ordinances is hereby amended by adding
254 Regular Session, August 18, 2003
APPROVAL BY ADDING A NEW
residential uses as a conditional use in all Heavy
PARAGRAPH REQUIRING INSTALLATION
Industrial Districts as follows:
AND COMPLETION OF SITE PLAN
2) Residential use, provided that:
REQUIREMENTS PRIOR TO THE ISSUANCE
a) The building in which the residential use
OF OCCUPANCY PERMITS
is to be located contains no existing industrial
use and will be prohibited from having an NOW, THEREFORE, BE IT ORDAINED BY
industrial use as long as the residential use is THE CITY COUNCIL OF THE CITY OF
active; DUBUQUE, IOWA:
b) A minimum of 650 square feet of area be Section 1. That Appendix A (The Zoning
provided for each unit; and Ordinance) of the City of Dubuque Code of
c) That the parking group requirements can Ordinances is hereby amended by adding
be met. [6] Section 4-4.2(B): Application and Scope of Site
Section 2. The foregoing amendment has Plan Review and approval by adding a new
heretofore been reviewed by the Zoning paragraph requiring installation and completion
Advisory Commission of the City of Dubuque, of storm water detention facilities as shown
Iowa. below.
Section 3. This ordinance shall take effect 4-4.2(B): Application and Scope of Site Plan
immediately upon publication, as provided by Review and Approval. No building permit or
law. occupancy permit shall be issued, and no
th
Passed, approved and adopted this 18 day of construction, grading or other land development
August 2003. activity listed below may be commenced on
Patricia A. Cline, Mayor Pro-Tem property unless a site plan has been submitted
Attest: Jeanne F. Schneider, City Clerk and approved for such activity as set forth in this
Published officially in the Telegraph Herald section.
newspaper this 22nd day of August, 2003. Development activities subject to the
Jeanne F. Schneider, City Clerk requirements of this section may hereafter be
1t 8/22 carried out only in substantial conformance with
Buol moved that the requirement that a the approved site plan and any conditions or
proposed Ordinance be considered and voted restrictions attached thereto. Any substantial
on for passage at two Council Meetings prior to deviation from the approved site plan, unless
the meeting at which it is to be finally passed be approved in advance by the City Planner, shall
suspended and further moved final be deemed a violation of this ordinance.
consideration and passage of the Ordinance. No occupancy permits for a new development
Seconded by Connors. Motion carried 6-0. shall be issued until all storm water control,
sanitary sewer, water mains, off-street parking
Text Amendment – City of Dubuque: Proof of facilities and all other site plan requirements
publication on notice of hearing to consider have been constructed and approved by the
amending the Code of Ordinances Section 4-City, and are fully operational.
4.2(B) Application and Site Plan Review and Section 2. The foregoing amendment has
Approval at the request of the City of Dubuque heretofore been reviewed by the Zoning
and Zoning Advisory Commission recom-Advisory Commission of the City of Dubuque,
mending approval, presented and read. Iowa.
Michalski moved that the proof and Section 3. This ordinance shall take effect
communication be received and filed. Seconded immediately upon publication, as provided by
by Markham. Motion carried 6-0. law.
th
Passed, approved and adopted this 18 day of
An Ordinance Amending Appendix A (the August 2003.
Zoning Ordinance) of the City of Dubuque Code Patricia A. Cline, Mayor Pro-Tem
of Ordinances Section 4-4.2(B) Application and Jeanne F. Schneider, City Clerk
Scope of Site Plan Review and Approval by Published officially in the Telegraph Herald
adding a new paragraph requiring installation newspaper this 22nd day of August, 2003.
and completion of site plan requirements prior to Jeanne F. Schneider, City Clerk
the issuance of occupancy permits, presented 1t 8/22
and read. Michalski moved that the requirement that a
proposed Ordinance be considered and voted
OFFICIAL PUBLICATION
on for passage at two Council Meetings prior to
ORDINANCE NO. 69-03
the meeting at which it is to be finally passed be
AN ORDINANCE AMENDING APPENDIX A
suspended and further moved final
(THE ZONING ORDINANCE) OF THE CITY OF
consideration and passage of the Ordinance.
DUBUQUE CODE OF ORDINANCES
Seconded by Markham. Motion carried 6-0.
SECTION 4-4.2(B) APPLICATION AND
SCOPE OF SITE PLAN REVIEW AND
Regular Session, August 18, 2003 255
General Obligation Bond Sale to Support PASSED AND APPROVED this 18th day of
Stormwater Projects: Proof of publication on August, 2003.
notice of hearing to consider the proposition of Patricia A. Cline, Mayor Pro-Tem
selling not to exceed $2,110,000 in General ATTEST: Jeanne F. Schneider, City Clerk
Obligation Bonds (for an essential corporate Markham moved adoption of the Resolution.
purpose) to support stormwater projects and Seconded by Connors. Motion carried 6-0.
City Manager recommending approval,
RESOLUTION NO. 289-03
presented and read. Markham moved that the
RESOLUTION DIRECTING THE ADVERTISE-
proof and communication be received and filed.
MENT FOR SALE OF $2,110,000 GENERAL
Seconded by Connors. Motion carried 6-0.
OBLIGATION BONDS, SERIES 2003
RESOLUTION NO. 288-03
WHEREAS, the City of Dubuque, Iowa, is in
RESOLUTION INSTITUTING PROCEEDINGS
need of funds to pay costs of the acquisition,
TO TAKE ADDITIONAL ACTION FOR THE
construction, and installation of stormwater and
ISSUANCE OF NOT TO EXCEED $2,110,000
storm sewer utility facilities and improvements,
GENERAL OBLIGATION BONDS
including the Carter Detention Basin, 32nd
WHEREAS, pursuant to notice published as Street Detention Basin land acquisition,
required by law, this Council has held a public stormwater ditch remediation, NPDES
meeting and hearing upon the proposal to compliance activities, and other storm sewer,
institute proceedings for the issuance of not to stream bank and detention basin improvements,
exceed $2,110,000 General Obligation Bonds an essential corporate purpose project, and it is
for the essential corporate purpose of paying deemed necessary and advisable that the City
costs of the acquisition, construction, and issue general obligation bonds for said purpose
installation of stormwater and storm sewer utility to the amount of not to exceed $2,110,000 as
facilities and improvements, including the Carter authorized by Section 384.25 of the City Code of
Detention Basin, 32nd Street Detention Basin Iowa; and
land acquisition, stormwater ditch remediation, WHEREAS, pursuant to notice published as
NPDES compliance activities, and other storm required by Section 384.25 this Council has held
sewer, stream bank and detention basin a public meeting and hearing upon the proposal
improvements, and has considered the extent of to institute proceedings for the issuance of the
objections received from residents or property above described Bonds, and all objections, if
owners as to said proposed issuance of Bonds; any, to such Council action made by any
and, accordingly the following action is now resident or property owner of said City were
considered to be in the best interests of the City received and considered by the Council; and it is
and residents thereof: the decision of the Council that additional action
NOW, THEREFORE, BE IT RESOLVED BY be taken for the issuance of said Bonds, and
THE CITY COUNCIL OF THE CITY OF that such action is considered to be in the best
DUBUQUE, IOWA: interests of said City and the residents thereof.
Section 1. That this Council does hereby NOW, THEREFORE, BE IT RESOLVED BY
institute proceedings and take additional action THE CITY COUNCIL OF THE CITY OF
for the sale and issuance in the manner required DUBUQUE, IOWA:
by law of not to exceed $2,110,000 General Section 1. That the Bonds hereinafter
Obligation Bonds for the foregoing essential described be offered at public sale, pursuant to
corporate purpose. advertisement as required by law.
Section 2. That this Resolution be and does Section 2. That the Clerk is hereby directed to
hereby serve as a declaration of official intent publish notice of sale of said Bonds at least
under Treasury Regulation 1.150-2, because the once, the last one of which shall be not less than
City reasonably expects to reimburse with the four clear days nor more than twenty days
proceeds of the Bonds, all or a portion of original before the date of the sale. Publication shall be
expenditures incurred in connection with the made in the Telegraph Herald, a legal
above purpose. newspaper, printed wholly in the English
Section 3. The Clerk is authorized and directed language, published within the county in which
to proceed on behalf of the City with the sale of the Bonds are to be offered for sale or an
said Bonds, to select a date for the sale thereof, adjacent county. Said notice is given pursuant
to cause to be prepared such notice and sale to Chapter 75 of the Code of Iowa, and shall
information as may appear appropriate, to state that this Council, on the 15th day of
publish and distribute the same on behalf of the September, 2003, at 6:30 o'clock P.M., will hold
City and this Council and otherwise to take all a meeting to receive and act upon bids for said
action necessary to permit the sale of said Bonds; said notice to be in substantially the
Bonds on a basis favorable to the City and following form:
acceptable to the Council. NOTICE OF BOND SALE
256 Regular Session, August 18, 2003
Time and Place of Sealed Bids: Sealed bids Eagle Valley Subdivision Sanitary Sewer
for the sale of Bonds of the City of Dubuque, Extension Project: Proofs of publication on
Iowa, will be received at the office of the Finance notice of hearing on plans and specifications
Director, City Hall, 50 West 13th Street, in the and notice to bidders on the receipt of bids, and
City of Dubuque, Iowa (the "Issuer") at 11:00 City Manager recommending award of the
o'clock A.M., on the 15th day of September, contract to Fondell Excavating for the Eagle
2003. The bids will then be publicly opened and Valley Subdivision Sanitary Sewer Installation
referred for action to the meeting of the City Project, presented and read. Markham moved
Council as stated below. that the proof and communication be received
Sale and Award: The sale and award of the and filed. Seconded by Michalski. Motion
Bonds will be held at the Auditorium, Carnegie-carried 6-0.
Stout Public Library at a meeting of the City
RESOLUTION NO. 290-03
Council on the above date at 6:30 o'clock P.M.
RESOLUTION ADOPTING
The Bonds: The Bonds to be offered are the
PLANS AND SPECIFICATIONS
following:
th
GENERAL OBLIGATION BONDS, SERIES Whereas, on the 30 day of July, 2003, plans,
2003, in the amount of $2,110,000, to be dated specifications, form of contract and estimated
October 1, 2003 (the "Bonds"). cost were filed with the City Clerk of Dubuque,
Official Statement: The Issuer has issued an Iowa for the Eagle Valley Subdivision Sanitary
Official Statement of information pertaining to Sewer Extension Project.
the Bonds to be offered, including a statement of Whereas, notice of hearing on plans,
the Terms of Offering and an Official Bid Form, specifications, form of contract, and estimated
which is incorporated by reference as a part of cost was published as required by law.
this notice. The Official Statement may be NOW THEREFORE, BE IT RESOLVED BY
obtained by request addressed to the City Clerk, THE CITY COUNCIL OF THE CITY OF
50 W. 13th Street, Dubuque, Iowa 52001 DUBUQUE, IOWA:
(telephone: 563/589-4100) or the financial That the said plans, specifications, form of
advisor to the City, Public Financial contract and estimated cost are hereby
Management, Inc., 2600 Grand Avenue, Des approved as the plans, specifications, form of
Moines, Iowa 50312 (telephone: (515)243-contract and estimated cost for said
2600). improvements for said project.
th
Terms of Offering: All bids shall be in Passed, adopted and approved this 18 day of
conformity with and the sale shall be in accord August, 2003.
with the Terms of Offering as set forth in the Patricia A. Cline, Mayor Pro-Tem
Official Statement. Attest: Jeanne F. Schneider, CMC, City Clerk
Legal Opinion: Said Bonds will be sold subject Markham moved adoption of the Resolution.
to the opinion of Ahlers & Cooney, P.C., Seconded by Michalski. Motion carried 6-0.
Attorneys of Des Moines, Iowa, as to the legality
RESOLUTION NO. 291-03
and their opinion will be furnished together with
AWARDING CONTRACT
the printed Bonds without cost to the purchaser
and all bids will be so conditioned. Except to the Whereas, sealed proposals have been
extent necessary to issue their opinion as to the submitted by contractors for the Eagle Valley
legality of the Bonds, the attorneys will not Subdivision Sanitary Sewer Extension Project
examine or review or express any opinion with pursuant to Resolution No. 265-03 and notice to
respect to the accuracy or completeness of bidders published in a newspaper published in
th
documents, materials or statements made or the City of Dubuque, Iowa on the 5 day of
furnished in connection with the sale, issuance August, 2003.
or marketing of the Bonds. Whereas, said sealed proposals were opened
th
Rights Reserved: The right is reserved to and read on the 12 day of August, 2003, and it
reject any or all bids, and to waive any has been determined that the bid of Fondell
irregularities as deemed to be in the best Excavating of Dubuque, Iowa, in the amount of
interests of the public. $278,426.00 was the lowest bid for the
By order of the City Council of the City of furnishings of all labor and materials and
Dubuque, Iowa. performing the work as provided for in the plans
City Clerk of the City of Dubuque, Iowa and specifications.
(End of Notice) NOW THEREFORE, BE IT RESOLVED BY
PASSED AND APPROVED this 18th day of THE CITY COUNCIL OF THE CITY OF
August, 2003. DUBUQUE, IOWA:
Patricia A. Cline, Mayor Pro-Tem That the contract for the above improvement
ATTEST: Jeanne F. Schneider, City Clerk be awarded to Fondell Excavating and the
Markham moved adoption of the Resolution. Manager be and is hereby directed to execute a
Seconded by Connors. Motion carried 6-0.
Regular Session, August 18, 2003 257
contract on behalf of the City of Dubuque for the Council regarding the development of 93 acres
complete performance of the work. of property on Rockdale Road, presented and
BE IT FURTHER RESOLVED: read.
That upon the signing of said contract and the Mr. Tschiggfrie explained that he had planned
approval of the contractor’s bond, the City to develop the ninety-three acres of property on
Treasurer is authorized and instructed to return Rockdale Road with two access roads;
the bid deposits of the unsuccessful bidders. however, one access was removed by a
th
Passed, approved and adopted this 18 day of previous action of the City Council. At this time,
August, 2003. he was requesting approval to continue with
Patricia A. Cline, Mayor Pro-Tem development of the property with one access
Attest: Jeanne F. Schneider, CMC, City Clerk only.
Markham moved adoption of the Resolution. After Council discussion, Nicholson moved to
Seconded by Michalski. Motion carried 6-0. receive and file the communication and approve
the one access to the development. Seconded
Port of Dubuque Building Demolition and Site by Markham. Motion carried 6-0. Staff was
Clearance Project: Proofs of publication on directed to look at the possibility of obtaining an
notice of hearing on plans and specifications emergency access to the area if necessary.
and notice to bidders on the receipt of bids, and
City Manager recommending adoption of the Eagle Valley Subdivision – Final Plat: City
plans and specifications and that award of the Manager recommending approval of the final
contract to W.C. Stewart Construction for the plat of Eagle Valley Subdivision located along
Port of Dubuque Building Demolition and Site Roosevelt Road, presented and read. Buol
Clearance Project be deferred to September 2, moved that the communication be received and
2003, presented and read. Buol moved that the filed. Seconded by Connors. Motion carried 6-
proof and communication be received and filed. 0.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 293-03
RESOLUTION NO. 292-03 A RESOLUTION APPROVING THE FINAL
RESOLUTION ADOPTING PLAT OF LOTS 1-2, INCLUSIVE, OF BLOCK
PLANS AND SPECIFICATIONS1, LOTS 1-27, INCLUSIVE OF BLOCK 2, LOTS
th
1-13, INCLUSIVE OF BLOCK 3, LOTS 1-13,
Whereas, on the 16 day of July, 2003, plans,
INCLUSIVE, OF BLOCK 4, LOTS 1-21,
specifications, form of contract and estimated
INCLUSIVE, OF BLOCK 6, LOTS 1-10,
cost were filed with the City Clerk of Dubuque,
INCLUSIVE, OF BLOCK 7 AND LOTS A-I,
Iowa for the Port of Dubuque Logging Properties
INCLUSIVE, ALL OF EAGLE VALLEY
– Building Demolition and Site Clearance
SUBDIVISION
Project.
Whereas, notice of hearing on plans, Whereas, there has been filed with the City
specifications, form of contract, and estimated Clerk a final plat of Lots 1-2, Inclusive, of Block
cost was published as required by law. 1, Lots 1-27, Inclusive of Block 2, Lots 1-13,
NOW THEREFORE, BE IT RESOLVED BY Inclusive of Block 3, Lots 1-13, Inclusive, of
THE CITY COUNCIL OF THE CITY OF Block 4, Lots 1-21, Inclusive, of Block 6, Lots 1-
DUBUQUE, IOWA: 10, Inclusive, of Block 7 And Lots A-I, Inclusive,
That the said plans, specifications, form of All Of Eagle Valley Subdivision, in the City of
contract and estimated cost are hereby Dubuque, Iowa; and
approved as the plans, specifications, form of Whereas, upon said final plat appears streets
contract and estimated cost for said to be known as Roosevelt Street (Lot A), Eagle
improvements for said project. Valley Drive (Lot B), Golden Eagle Drive (Lot C),
th
Passed, adopted and approved this 18 day of Bald Eagle Court (Lot D), Stellar Eagle Drive
August, 2003. (Lot E) and Harpy Eagle Court (Lot F), together
Patricia A. Cline, Mayor Pro-Tem with certain public utility easements, storm water
Attest: Jeanne F. Schneider, CMC, City Clerk detention facility and park land (Lot G), all in
Buol moved adoption of the Resolution. Eagle Valley Subdivision, which the owners by
Seconded by Connors. Motion carried 6-0. said final plat have dedicated to the public
forever; and
Michalski moved that the rules be reinstated Whereas, the final plat provides 14.26 feet of
limiting discussion to the Council. Seconded by frontage and 1,235 square feet of lot area for Lot
Connors. Motion carried 6-0. H, where 50 feet of lot frontage and 5,000
square feet of lot area is required by Section 42-
ACTION ITEMS
19(b) of the Subdivision Regulations; and
T Corp Request: Communication from Ed
Tschiggfrie, T Corp, requesting to address the
258 Regular Session, August 18, 2003
Whereas, the preliminary plat has been plans approved by the City Engineer, and
examined by the Zoning Advisory Commission inspected by the City Engineer.
and had its approval endorsed thereon; and (c) To construct said improvements, prior to
Whereas, said final plat has been reviewed by two (2) years from the date of acceptance of this
the City Planner and had her approval endorsed resolution, at the sole expense of the owners, or
thereon, subject to the owners agreeing to the future owner;
conditions noted in Section 3 below; and (d) To construct a storm water detention
Whereas, said final plat has been examined by facility in a manner acceptable to the City
the City Council and they find that it conforms to Engineer, in accordance with construction
the statutes and ordinances relating to it, except improvement plans approved by the City
that no streets or public utilities have yet been Engineer, prior to grading associated with the
constructed or installed. proposed streets.
NOW, THEREFORE, BE IT RESOLVED BY (e) To maintain the above public
THE CITY COUNCIL OF THE CITY OF improvements, for a period of two (2) years from
DUBUQUE, IOWA: the date of the acceptance of those
Section 1. That the dedication of Roosevelt improvements by the City of Dubuque, Iowa, at
Street (Lot A), Eagle Valley Drive (Lot B), the sole expense of the owners, or future owner;
Golden Eagle Drive (Lot C), Bald Eagle Court And, further provided that said Fondell
(Lot D), Stellar Eagle Drive (Lot E), and Harpy Excavating, as owners of said property, shall
Eagle Court (Lot F), and the easements for secure the performance of the foregoing
public utilities, sanitary sewer, storm sewer and conditions provided in this Section by providing
water mains as they appear upon said final plat, guarantees in such form and with such sureties
be and the same are hereby accepted; and as may be acceptable to the City Manager of the
Section 2. That Section 42-19(b) of the City of Dubuque, Iowa.
Subdivision Regulations is waived to allow Lot H Section 4. Sidewalk installation shall be the
to have 14.26 feet of frontage and 1,235 square responsibility of the owner abutting the public
feet of lot area, where 50 feet of frontage and rights-of-way, including lots with multiple
5,000 square feet of lot area is required. frontages, as required by City Code 41-161
Section 3. That the final plat of Lots 1-2, through 41-164. The responsibility shall extend
Inclusive, of Block 1, Lots 1-27, Inclusive of to all successors, heirs and assignees.
Block 2, Lots 1-13, Inclusive of Block 3, Lots 1-Sidewalk installation will not be required until the
13, Inclusive, of Block 4, Lots 1-21, Inclusive, of development of the lot has been completed,
Block 6, Lots 1-10, Inclusive, of Block 7 And except as required herein. In sparsely
Lots A-I, Inclusive, all of Eagle Valley developed subdivisions, sidewalks on developed
Subdivision is hereby approved and the Mayor lots will not be required until 50% of the lots
and City Clerk are hereby authorized and approved by the plat have been developed. All
directed to endorse the approval of the City of vacant lots shall have sidewalks installed upon
Dubuque, Iowa, upon said final plat, provided development of 80% of the lots approved by the
the owners of said property herein named, plat.
execute their written acceptance hereto attached Section 5. The developer will maintain the
agreeing: detention facility constructed as part of Eagle
(a) To reduce Eagle Valley Drive (Lot B), Valley Subdivision until it has been fully
Golden Eagle Drive (Lot C), Bald Eagle Court completed and 80% of the sum of the platted
(Lot D), Stellar Eagle Drive (Lot E) and Harpy lots in the entire Eagle Valley Subdivision is fully
Eagle Court (Lot F) to grade and to construct developed and the remaining 20% of these lots
concrete curb and gutter and to hard surface have installed adequate erosion control
with asphaltic concrete, or with concrete paving measures as approved by the City. Upon the
with integral curb, all in accordance with the City Citys acceptance of the detention facility, the
=
of Dubuque standard specifications, all in a
maintenance expenses incurred by the City of
manner acceptable to the City Engineer, in
Dubuque for the storm water detention facility
conformance with construction improvement
(Lot G) shall be assessed against the lot owners
plans approved by the City Engineer, and
of Eagle Valley Subdivision, in equal amounts,
inspected by the City Engineer. and the City Manager shall certify such costs to
(b) To install sanitary sewer and service the City Clerk, who in turn shall promptly certify
laterals, water mains and water service laterals such costs to the Dubuque County Treasurer,
into each individual lot, storm sewers and catch and such costs shall then be collected with and
basins, boulevard street lighting and erosion
in the same manner as general property taxes in
control devices all in accordance with the City of
accordance with provisions of law.
Dubuque standard specifications, all in a
Section 6. That the City may install a portion of
manner acceptable to the City Engineer, and in
the sanitary sewer mains and sewer service
accordance with construction improvement laterals into each individual lot. The costs
associated with this installation shall be
Regular Session, August 18, 2003 259
reimbursed to the City from the developer, his Section 1. That the Code of Ordinances of the
successors and assigns as each lot is sold, with City of Dubuque, Iowa, be amended by deleting
a balloon payment at the end of five years from Thirtieth Street from Subsection (d) of Section
the date of this resolution, all in accordance with 32-262 thereof as follows:
the development agreement between the City of “Sec. 32-262. Prohibited on designated
Dubuque and Fondell Excavating. streets or portions thereof.”
Section 7. That the City may install a portion of No-Parking-At-Any-Time Zones Designated
the water mains and service laterals into each * * * *
individual lot. The costs associated with this Thirtieth Street, East, north side, from Central
installation shall be reimbursed to the City from Avenue to a point three hundred thirty four feet
the developer, his successors and assigns as (334’) east of Jackson Street.
th
each lot is sold, with a balloon payment at the Passed, approved and adopted this 18 day of
end of five years from the date of this resolution, August, 2003.
all in accordance with the development Patricia A. Cline, Mayor Pro-Tem
agreement between the City of Dubuque and Attest: Jeanne F. Schneider, CMC, City Clerk
Fondell Excavating. Published officially in the Telegraph Herald
nd
Section 8. That the final acceptance of all newspaper this 22 day of August, 2003.
public improvements shall occur upon Jeanne F. Schneider, City Clerk
certification of the City Engineer to the City 1t 8/22
Council that all public improvements have been Buol moved that the requirement that a
completed in accordance with the improvement proposed Ordinance be considered and voted
plans and City standard specifications and on for passage at two Council Meetings prior to
accepted by City Council Resolution. the meeting at which it is to be finally passed be
Section 9. That in the event Fondell suspended and further moved final
Excavating fails to execute the acceptance and consideration and passage of the Ordinance.
furnish the guarantees provided in Section 3 Seconded by Connors. Motion carried 6-0.
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null Bee Branch Citizen Advisory Committee: City
and void and the acceptance of the dedication Manager recommending approval of the
and approval the plat shall not be effective. proposed roster of the Bee Branch Citizen
Passed, approved and adopted this 18th day Advisory Committee (BBCAC) for the Bee
of August 2003. Branch Creek Restoration Alignment Study,
Patricia A. Cline, Mayor Pro-Tem presented and read. Markham moved that the
Attest: Jeanne F. Schneider, City Clerk communication be received and filed and
Buol moved adoption of the Resolution. approved recommendation. Seconded by
Seconded by Connors. Motion carried 6-0. Nicholson. Motion carried 6-0.
No Parking Area – Thirtieth Street: City Shepherd Company – Community Economic
Manager recommending approval of the Betterment Account: City Manager
elimination of the “no parking” area on the north recommending approval of the submission of a
side of Thirtieth Street from Central Avenue to a Community Economic Betterment Account
point 334 feet east of Jackson Street, presented (CEBA) program application for a $117,000
and read. Buol moved that the communication partially forgivable loan to the Iowa Department
be received and filed. Seconded by Connors. of Economic Development on behalf of
Motion carried 6-0. Shepherd Incorporated, presented and read.
Markham moved that the communication be
An Ordinance Amending Section 32-262(d) of received and filed. Seconded by Michalski.
the Code of Ordinances of the City of Dubuque, Motion carried 6-0.
Iowa providing for parking by deleting certain Dirk Voetberg of the Shepherd Company
portions of Thirtieth Street, presented and read. stated he would answer any questions.
OFFICIAL PUBLICATION RESOLUTION NO. 294-03
ORDINANCE NO. 70-03 A RESOLUTION AUTHORIZING THE FILING
AN ORDINANCE AMENDING SECTION 32-OF A COMMUNITY ECONOMIC BETTER-
262(d) OF THE CODE OF ORDINANCES OF MENT ACCOUNT (CEBA) APPLICATION ON
THE CITY OF DUBUQUE, IOWA, PROVIDING BEHALF OF SHEPHERD, INCORPORATED
FOR PARKING BY DELETING CERTAIN
Whereas, Shepherd Incorporated has
PORTIONS OF THIRTIETH STREET
proposed the relocation of its printing business
NOW THEREFORE, BE IT ORDAINED BY to Downtown Dubuque; and
THE CITY COUNCIL OF THE CITY OF Whereas, the City Council of Dubuque, Iowa
DUBUQUE, IOWA: has considered said proposal and has
determined that the proposed project will
260 Regular Session, August 18, 2003
contribute to the local economy through the Chapter 21.5(1)(j) 2001 Code of Iowa.
addition of new jobs to the City; and Seconded by Connors. Motion carried 6-0.
Whereas, the Iowa Department of Economic
Development's Community Economic At 8:33 P.M. Council reconvened regular
Betterment Account (CEBA) was designed to session stating Staff had been given proper
assist in the economic development efforts of direction.
local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible There being no further business, Michalski
to apply for funding from the Community moved to adjourn. Seconded by Connors.
Economic Betterment Account program; Motion carried 6-0. The meeting adjourned at
NOW, THEREFORE, BE IT RESOLVED BY 8:34 P.M.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: /s/ Jeanne F. Schneider, CMC
Section 1. That the filing of an application for City Clerk
participation in the Iowa Community Economic 1t 8/27
Betterment Account program on behalf of
Shepherd Incorporated is approved.
Section 2. That the local match as identified in Approved:__________________________2003
the application is hereby approved, subject to
the CEBA application approval. Adopted:___________________________2003
Section 3. That the Mayor is hereby
authorized to execute, and the City Manager is
hereby directed to submit said application to the ______________________________________
State of Iowa Economic Development Mayor
Commission together with such documents as
may be required. ______________________________________
th
Passed, approved, and adopted this 18 day
of August 2003. ______________________________________
Patricia A. Cline, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk ______________________________________
Markham moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0. ______________________________________
Port of Dubuque Street Improvements: City ______________________________________
Manager recommending approval of street
improvements in the Port of Dubuque area, ______________________________________
presented and read. Michalski moved that the Council Members
communication be received and filed and
approved recommendation. Seconded by Attest:
Connors. Carried by the following vote: Yeas—
Buol, Cline, Connors, Michalski. Nays—______________________________________
Nicholson, Markham. City Clerk
Michalski stressed that there would need to
be clear signage in the area. Nicholson stated
he felt the walking path should be over the
railroad tracks and that the viaduct be open to
vehicular traffic.
COUNCIL MEMBERS REPORTS
Michalski requested a communication to St.
Joseph the Worker Church showing support with
their recent arson fire damages. Nicholson
shared that he and Mrs. Connors were on the
Barge Tour and others on the tour were
impressed with the development on the
riverfront. Cline shared the disappointment that
no one welcomed the passengers on the Delta
Queen to Dubuque.
At 8:14 P.M. Markham moved to go into
Closed Session re: Property Acquisition –
Regular Session, August 18, 2003 261
Special Session, August 19, 2003 261
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, August 19, 2003
Council met at 5:00 p.m., City Hall Conference
Approved:__________________________2003
Room B
Present: Mayor Pro-Tem Cline, Council
Adopted:___________________________2003
Members Buol, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen
Absent: Mayor Duggan
______________________________________
Mayor
Mayor Pro-Tem Cline read the call and stated
this was a Special Session of the City Council
______________________________________
called for the purpose of evaluating the City
Manager.
______________________________________
Michalski moved to go into Closed Session in
______________________________________
accordance with Ch. 21.5 1(i) 2003 Code of
Iowa, to evaluate the professional competency
______________________________________
of an individual whose appointment, hiring,
performance or discharge is being considered
______________________________________
when necessary to prevent needless and or
irreparable injury to that individual’s reputation
______________________________________
and that individual has requested a Closed
Council Members
Session. Seconded by Nicholson. Motion
carried 6-0.
Attest:
City Manager Van Milligen left the Closed
______________________________________
Session at 6:40 p.m.
City Clerk
Council reconvened in Regular Session at
6:50 p.m., indicating the evaluation had been
completed.
There being no further business, Buol moved
to adjourn. Seconded by Connors. Motion
carried 6-0. The meeting adjourned at 6:56
p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/27
262 Special Session, August 21, 2003
DUBUQUE
local news media, individuals and groups known
to be interested and believe to be appropriate to
CITY COUNCIL
receive such a notice; and
OFFICIAL
Whereas, any and all comments received as a
PROCEEDINGS
result of such notice will be duly considered
before proceeding with a Request for Release of
Special Session, August 21, 2003
Funds and Certification.
Council met at 5:00 p.m., City Hall Conference
NOW, THEREFORE, BE IT RESOLVED BY
Room B
THE CITY COUNCIL OF THE CITY OF
Present: Mayor Duggan, Council Members
DUBUQUE, IOWA:
Buol, Cline, Markham, Michalski, City Manager
Section 1. That the City Clerk be and is
Michael Van Milligen, Corporation Counsel Barry
hereby authorized and directed to publish a
Lindahl
combined Notice of Finding of No Significant
Absent: Council Members Connors, Nicholson
Impact on the Environment and Notice of Intent
to Request Release of Funds for the former
Mayor Duggan read the call and stated this
Dubuque Hardwoods/Miller Logging/ Peavey
was a Special Session of the City Council called
Grain EDI Project and to make the
for the purpose of acting upon the former
Environmental Review Record for said project
Dubuque Hardwoods/Miller Logging / Peavey
available for public inspection and comment until
Grain EDI Project.
5:00 pm on September 9, 2003. Such notice
shall be in the form of Exhibit “A” attached
Port of Dubuque Building Demolition Project:
hereto and made a part hereof.
City Manager recommending approval of a
Section 2. That the environmental review
combined notice of finding of no significant
record for the project shall be placed on file in
impact on the environment and notice of intent
the Office of the City Clerk where said record
to request release of funds for the former
may be examined and copied by any interested
Dubuque Hardwoods/Miller Logging/Peavey
party.
Grain EDI Project, presented and read.
Section 3. That the Mayor of the City of
Michalski moved that the communication be
Dubuque is hereby authorized and directed to
received and filed. Seconded by Buol. Motion
submit to the U.S. Department of Housing and
carried 5-0.
Urban Development fifteen (15) days after
publication of appropriate notice a Request for
RESOLUTION NO. 295-03
Release of Funds to undertake the said project.
A RESOLUTION AUTHORIZING PUBLICA-
Section 4. That the Mayor of the City of
TION OF A COMBINED NOTICE OF FINDING
Dubuque is hereby authorized to consent to
OF NO SIGNIFICANT IMPACT ON THE
assume the status of a responsible federal
ENVIRONMENT AND NOTICE OF INTENT TO
official under the National Environmental
REQUEST RELEASE OF FUNDS FOR THE
Protection Act, insofar as the provisions of the
FORMER DUBUQUE HARDWOODS/MILLER
said Act apply to the U.S. Department of
LOGGING/PEAVEY GRAIN EDI PROJECT
Housing and Urban Development
Whereas, the City of Dubuque has received an
responsibilities for review, decision making, and
Economic Development Initiative (EDI) Special
action assumed and carried out by the City of
Project Grant from the U.S. Department of
Dubuque as to environmental issues.
Housing and Urban Development; and
Section 5. That the Mayor of the City of
Whereas, pursuant to the rules and regulations
Dubuque is hereby authorized to consent
as promulgated by the U.S. Department of
personally, in his official capacity and on behalf
Housing and Urban Development, an
of the City of Dubuque, to accept the jurisdiction
environmental review has been processed for
of the federal courts if an action is brought to
the former Dubuque Hardwoods/Miller
enforce responsibilities in relation to
Logging/Peavey Grain EDI Project; and
environmental review, decision-making and
Whereas, based on said environmental review,
action.
the Department of Housing and Community
Section 6. That the Mayor of the City of
Development has determined that said project
Dubuque be and he is hereby authorized and
will have no significant impact on the
directed to execute a certification pertaining to
environment; and
the environmental review procedures.
st
Whereas, a combined notice of “Finding of No
Passed, approved and adopted this 21 day of
Significant Impact on the Environment” and of
August, 2003.
“Intent to Request Release of Funds” for said
Terrance M. Duggan, Mayor
project will be sent by regular mail to various
Attest: Jeanne F. Schneider, City Clerk
federal, state and local public agencies; to the
Michalski moved adoption of the Resolution.
appropriate Regional Office of the
Seconded by Buol. Motion carried 5-0.
Environmental Protection Agency and to the
Special Session, August 21, 2003 263
There being no further business, Cline moved to
adjourn. Seconded by Markham. Motion
carried 5-0. The meeting adjourned at 5:03
p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 8/27
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk