Council Proceedings January 04
Special Session, January 5, 2004
1
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, January 5, 2004
Council met in Special Session at 5:00 P.M. in
the Library Auditorium
Present: Council Members Buol, Cline,
Connors, Michalski, Nicholson, Assistant City
Manager Steinhauser, Corporation Counsel
Lindahl.
Absent: Mayor Duggan, Council Member
Markham
Mayor Pro-Tem Cline read the call and stated
this is a special session of the City Council
called for the purpose of discussing the
Downtown Master Plan.
Dave Rusk, Chair of the Downtown Planning
Committee, provided a summary of the activities
of the Committee and Ann Recker, Leland
Consulting, explained the various aspects of the
Downtown Master Plan and the proposed
timelines.
There being no further business, Michalski
moved to adjourn. Seconded by Nicholson.
Motion carried 5-0. The special meeting
adjourned at 6: 15 P. M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1/14
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
2
Regular Session, January 5, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, January 5,
2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditonum
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, Assistant City Manager Steinhauser,
Corporation Counsel Lindahl
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Father Robert Vogl,
Professor-Emeritus of Religious Studies, Loras
College.
Mayor Duggan swore in Council Member At-
Large Ann E. Michalski, Council Member
Second Ward Roy D. Buol and Council Member
Fourth Ward Patricia A. Cline.
Mayor Duggan swore in Mayor Pro-Tem
Daniel E. Nicholson.
Proclamations: Martin Luther King, Jr. Days
(January 18 and 19, 2004) received by Bill
Hickson; Mentoring Month (January, 2004)
received by Linda Chapman; and Mercy Year in
Dubuque (2004) received by Rod Tokheim.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 12/8; Building Code Board of
Appeals of 12/11; Cable TV Regulatory
Commission of 12/10; Cable TV
Teleprogramming Commission of 12/2; City
Council of 12/15; Five Flags Commission of
11/17; Housing Code Appeals Board of 11/18;
Joint City / County Planning Committee,
presented and read. Buol moved that the
minutes be received and filed. Seconded by
Cline. Motion carried 7-0.
Camegie Stout Public Library Board of
Trustees Update, presented and read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Printed City Council Proceedings for
November, 2004, presented and read. Buol
moved that the proceedings be received and
filed and approved as printed. Seconded by
Cline. Motion carried 7-0.
Proof of publication of City Council
Proceedings of December 1, 2003, presented
and read. Buol moved that the proof be
received and filed. Seconded by Cline. Motion
carried 7-0.
Notice of Claims/Suits: Paul Cesaretti for
property damage; Jim Green for vehicle
damage; Julie Heiderscheit for personal injury;
Paul Otterbeck for vehicle damage, presented
and read. Buol moved that the claims and suits
be referred to the Legal Staff for investigation
and report. Seconded by Cline. Motion carried
7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Julie
Heiderscheit for personal injury; Peter Otterbeck
for vehicle damage, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Cline. Motion
carried 7-0.
Corporation Counsel recommending
settlement of the claim of Jim Green for vehicle
damage and Paul Cesaretti for property damage
and directing the Finance Department to issue
payment, presented and read. Buol moved that
the communications be received and filed and
concurred and Finance Department to issue
proper checks. Seconded by Cline. Motion
carried 7-0.
Corporation Counsel recommending denial of
the claim of Robert Hallahan for property
damage, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Cline. Motion carried
7-0.
State Histoncal Society of Iowa:
Communication from the State Historical Society
of Iowa advising that the State Histonc
Preservation Bureau will be funding the City's
Certified Local Government Grant Application in
the amount of $14,437.50 for Phase V of the
architecturallhistoncal survey, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Scenic Byways Grant Application: City
Manager recommending acceptance of the
construction contract for the National Scenic
Byways Grant for Design and Construction of
Exhibits for the Interpretation of the Great River
Road at the National Mississippi River Museum
and Aquanum Project, as completed by Schartf
Weisberg Systems Integration Inc., in the final
contract amount of $735,813, presented and
Regular Session, January 5, 2004
3
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 1-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the National Scenic
Byways Subcontract for Design and
Construction of Exhibits with Schartf Weisberg
Systems Integration Inc. of 36-36 33rd Street,
LlC New York, 11106 has been completed and
the City Manager has examined the work and
filed his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the $735,813.00 the amount
equal to the amount of his contract and the final
amount of retained percentage provided for
therein.
Passed, approved and adopted this 5th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 2-04
FINAL ESTIMATE
Whereas, the contract for the National Scenic
Byways subcontract for Design and Construction
of Exhibits has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE,IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $735,813.00 and the
said amount shall be paid by the City of
Dubuque, iowa as provided therein, and the City
shall be reimbursed in the amount of 20% of
said contract from the Dubuque County
Histoncal Society and 80% of said contract
amount from the National Scenic Byways grant.
Passed, approved and adopted this 5th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Certified Local Government Annual Report;
City Manager submitting the 2003 Certified
Local Government (CLG) Annual Report for City
Council's information, presented and read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Preserve America Communities Award
Application: City Manager recommending
approval of a Preserve America Communities
2003/2004 Award Application indicating the
City's commitment to historic preservation,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 3-04
RESOLUTION INDICATING COMMITMENT TO
HISTORIC PRESERVATION FOR PRESERVE
AMERICA COMMUNITIES 2003/2004
APPLICATION
Whereas, the City of Dubuque has adopted
long-range goals as part of the Dubuque
Comprehensive Plan for the preservation and
interpretation of the community's historic and
cultural resources; and
Whereas, the City of Dubuque has protected
the community's historic resources for over 20
years with the establishment of the Historic
Preservation Commission, adoption of the
Historic Preservation Ordinance, and
designation of historic districts and landmarks;
and
Whereas, the City of Dubuque has funded an
ongoing, publicly available inventory of historic
properties as well as grant and loan programs
for restoration and rehabilitation of historic
homes and buildings; and
Whereas, the City has supported the
America's River Project which promotes heritage
tourism and fosters economic vitality; and
Whereas, the City of Dubuque Histonc
Preservation Commission has endorsed the
Preserve America Communities 2003/2004
Application.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the City of Dubuque is
committed to the preservation of the
community's historic assets.
Section 2. That the Mayor is hereby authorized
to sign and submit the Preserve America
Communities 2003/2004 Application on behalf of
the City of Dubuque.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest; Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
4
Regular Session, January 5, 2004
Federal Government Performance and Results
Act (GPRA) Annual Report: City Manager
submitting the 2003 Government Performance
and Results Act (GPRA) Annual Products
Report to the National Parks Service (NPS),
presented and read. Buol moved that the
communication and report be received and filed.
Seconded by Cline. Motion carried 7-0.
Historic Resource Development Program
Grant Application - Interpretive Signs: City
Manager recommending approval of a Historic
Resource Development Program (HRDP) Grant
Application for Heritage Trail Interpretive Signs,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 4-04
RESOLUTION AUTHORIZING GRANT
APPLICATION FOR HRDP FUNDS FOR
HERITAGE TRAIL INTERPRETIVE SIGNS
Whereas, the State Historical Society of Iowa
has Historic Resource Development Program
(HRDP) grant funds available for the
preservation and interpretation of Iowa's historic
and cultural resources; and
Whereas, the City of Dubuque has an adopted
Comprehensive Plan with goals and objectives
for the preservation and interpretation of the
community's historic and cultural resources;
and
Whereas, the City of Dubuque has adopted
the Heritage Trail Master Plan and begun
construction of the Heritage Trail Riverfront
System; and
Whereas, the City of Dubuque has included
interpretive signs in the Vision Iowa project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized
to sign the grant application for HRDP funds to
create interpretive signs for the Heritage Trail
Riverfront System.
Section 2. That the City of Dubuque agrees to
abide by all local, state, and federal
requirements applicabie to the proposed project.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 5-0.
Shot Tower Grant Agreement: City Manager
recommending approval of a grant agreement
for $100,000 from the Historic Sites Preservation
Grant Program for Phase I of restoration of the
Shot Tower, presented and read. Buol moved
that the communication be received and filed.
Seconded by Ciine. Motion carried 7-0.
RESOLUTION NO. 5-04
RESOLUTION' AUTHORIZING AN
AGREEMENT WITH THE HISTORIC SITES
PRESERVATION GRANT PROGRAM FOR
THE SHOT TOWER REHABILITATION
Whereas, the State Historical Society of Iowa
awarded a $100,000 Historic Sites Preservation
Grantfor rehabilitation of the Shot Tower; and
Whereas, the City of Dubuque has determined
that the Shot Tower is an historically and
architecturally significant structure in need of
rehabilitation; and
Whereas, the rehabilitation and interpretation
of the Shot Tower is included as a component of
the Vision Iowa grant for the America's River
project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the agreement with the State
Historical Society of Iowa for funds from the
Historic Sites Preservation Grant Program to
rehabilitate the Shot Tower Is hereby approved.
Section 2. That the Planning Services
Manager is hereby authorized to sign and
submit the agreement for Historic Sites
Preservation Grant Program funds for this
project.
Passed, approved and adopted this 5th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Affordable Housing Tax Credit Program
Application - Gronen Properties: City Manager
recommending execution of a resolution in
support of an application for equity financing
assistance for the Gronen Upper Main
Revitalization Project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 6-04
RESOLUTION AUTHORIZING THE CITY
COUNCIL TO ENDORSE THE GRONEN
PROPERTIES' APPLICATION FOR FEDERAL
ASSISTANCE FOR A RENTAL HOUSING
REHABILITATION PROJECT ON UPPER
MAIN STREET
Whereas, the federal government, through
Section 42 of the Internal Revenue Code, offer
incentives for rehabilitation of affordable rental
housing which is made available to low- and
moderate-income households; and
Whereas, Gronen Properties has submitted an
application for affordable housing tax credits in
connection with a proposed project to
rehabilitate 30 rental units, located at 1042,
1066, 1069,1086 and 1091 Main Street; and at
Regular Session, January 5, 2004
5
248 West 11th Street in the City of Dubuque;
and
Whereas, indication of City support for the
requested federal assistance is favorable to the
Iowa Finance Authortty's consideration of the
application.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. The City of Dubuque endorses and
supports the application from Gronen Properties
for tax credits to the Iowa Finance Authority, for
the intended project located on Main Street.
Section 2. The City Manager is hereby
authorized and directed to forward this
resolution to the Finance Authority.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M Duggan, Mayor
Attest: Jeanne F Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Request for Proposais - Remediation of
Petroleum Plume in the Port of Dubuque: City
Manager recommending approval of the
issuance of a Request for Proposals (RFP) to
solicit qualified environmental engineering firms
to design and implement a remediation plan for
cleanup of a petroleum plume in the Port of
Dubuque, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Rebidding of Madison Street Sanitary Sewer
Extension Project: City Manager recommending
approval of the rebidding of the Madison Street
Sanitary Sewer Extension Project due to a
typographical error in the plans and
specifications, presented and read. Buol moved
adoption of Resolution No. 7-04 Rejecting all
bids received for the Madison Street Sanitary
Sewer Extension Project and re-ordering bids for
the project, Seconded by Cline. Motion carried
7-0.
City Council Priorities - Federal Initiatives:
City Manager recommending approvai of the
"City of Dubuque Priorities and Requests for
Federal Appropriations," which has been
prepared for use during the February 4-6, 2004
trip to Washington, D.C., presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Cline. Motion carried 7-0.
Governor Thomas Vilsack: City Manager
submitting correspondence to Governor Thomas
Vilsack regarding proposed state budget cuts,
presented and read. Buol moved that the
communication be received and filed and
approved submission.
Motion carried 7-0.
Seconded by Cline.
Maritime Security Act Plan for the Rivers' Edge
Plaza: City Manager recommending approval
of a Maritime Security Plan for the Rivers' Edge
Plaza as required by the Federal Government's
Maritime Security Act, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Cline. Motion carried 7..(J.
Purchase of Property - 785 Gillespie Street:
City Manager recommending approval of the
purchase of property located at 785 Gillespie
Street as part of the acquisition program
associated with expansion of the West 32"'
Street detention basin, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 8-04
A RESOLUTION APPROVING THE
ACQUISITION OF REAL ESTATE LOCATED
AT 785 GILLESPIE STREET, IN THE CITY OF
DUBUQUE
Whereas, the City of Dubuque intends to
acquire certain properties located in the area
adjacent to the West 32nd Street detention
basin for purposes of stormwater mitigation
activities as recommended in the 2001 HDR
"Drainage Basin Master Plan;" and
Whereas, a purchase agreement has been
finalized with the owners of the first property
scheduled for acquisition.
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
Lot Two (2) of Widmeier Place, in the City of
Dubuque, County of Dubuque, Iowa. At the
cost of one hundred thirty-thousand dollars
($130000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Ciaim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Cierk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 5th day of
January, 2004.
6
Regular Session, January 5, 2004
Terrance M Duggan, Mayor
Attest: Jeanne F Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
McKesson Corporation Expansion
Application for Financial Assistance: City
Manager recommending approval of the
submission of an application for financial
assistance from the State of Iowa on behalf of
McKesson Corporation, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 9-04
A RESOLUTION AUTHORIZING THE FILING
OF AN APPLICATION FOR FINANCIAL
ASSISTANCE FROM THE STATE OF IOWA
ON BEHALF OF MCKESSON CORPORATION
Whereas, McKesson Corporation is proposing
an expansion of its existing operations in
Dubuque; and
Whereas, the proposed project will contribute
to the local economy through the creation of 74
new jobs for area residents; and
Whereas, the Iowa Department of Economic
Development's Financial Assistance Programs
were designed to assist in the economic
development efforts of local jurisdictions; and
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for
financial assistance on behalf of McKesson is
hereby approved.
Section 2. 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 Commission
together with such documents as may be
required.
Passed, approved, and adopted this 5th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Abstract of Votes: Denise Dolan, County
Auditor and Commissioner of Elections,
submitting the Abstract of Votes for the Baseball
Stadium Election held on December 16, 2003,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 10-04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Riverfest Special Event Riverfest Special
Event 3505 Stoneman Rd
CLASS "C" BEER PERMIT
Rainbo Oil Company Kwik Stop Food
Mart+(Sunday Sale) 2320 Hwy 61
Iowa Oil Company lOCO Speede
Shoppe+(Sunday Sale) 2150 Twin Valley
TFMCo OkyDoky#21+
(Sunday Sale) 2010 Kerper Blvd
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 11-04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "(;" BEER/LIQUOR LICENSE
Phillip Love The Lounge+
(Sunday Sale) 481 Locust St
Bowling & Beyond Dubuque, Inc Bowling &
Beyond+(Sunday/Outdoor Sale)1860 Hawthorne
Dolores Weber Ten Pin Tap+
(Sunday Sale) 601 Rhomberg Av
CLASS "B" WINE
Dubuque Religious Center Dubuque
Religious Center 923 Main St
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan. Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Regular Session, January 5, 2004
7
Fiscal Year 2004 Budget Amendment: City
Manager recommending that a public hearing be
set for January 19, 2004 to consider an
amendment to the Fiscal Year 2004 budget,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 12-04
RESOLUTION DIRECTING THE CITY CLERK
TO PUBLISH PROPOSED AMENDMENT TO
THE FISCAL YEAR 2004 BUDGET AND DATE
OF PUBLIC HEARING
Whereas, it is proposed that the City of
Dubuque amend its Fiscal Year 2004 budget;
and
Whereas, Section 384.16 of the Code of Iowa
stipulates that a public hearing must be held on
such a budget amendment.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk by and is hereby
authorized and directed to publish notice of
public hearing on an amendment to the adopted
budget for the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set public hearing for 1/19/04 at a meeting
to commence at 3:00 P.M. in the Majestic Room,
Five Flags Civic Center, 405 Main Street and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Markham.
Motion carried 7-0.
Westbrook Subdivision Sanitary Sewer
Extension - Phase I Project: City Manager
recommending initiation of the bidding process
for the Westbrook Subdivision Sanitary Sewer
Extension - Phase I Project and that a public
hearing be set for February 2, 2004, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 13-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Westbrook
Subdivision Sanitary Sewer Extension - Phase I
Project in the estimated amount of $173,918.00
are hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resoluti(>n.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 14-04
FIXING DATE OF HEARING ON PLANS AND
SPECIFICATIONS :
Whereas, the City Council of the City: of
Dubuque, Iowa has given its prelimin.ry
approval on the proposed plans, specifications,
and form of contract and placed same on filEi in
the office of the City Clerk for public inspectiÞn
of the Westbrook Subdivision Sanitary SeWer
Extension - Phase I and
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on the ?""
day of February, 2004, at 6;30 p.m. in the Puljlic
Library Auditorium at which time interested
persons may appear and be heard for or agaimst
the proposed plans and specifications, form!of
contract and cost of said improvement, and t/1e
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to þe
published in a newspaper having general
circulation in the City of Dubuque, Iowa, whi~h
notice shall be not less than four days nor mqre
than twenty days prior to the day fixed for lits
consideration. At the hearing, any interestßd
person may appear and file objections to the
proposed plans, specifications, contract, lor
estimated cost of the improvement. ,
Passed, adopted and approved this 5th day:of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, CMC, City Cler~
Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. '
RESOLUTION NO. 15-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQu!E,
IOWA: '
That the Westbrook Subdivision Sanitary
Sewer Extension Phase I, is hereby ordered :to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be,in
an amount which shall conform to the provisio~s
of the Notice to Bidders hereby approved as' a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
8
Regular Session, January 5, 2004
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 22nd day of January, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 2nd day of February,
2004.
Passed, adopted and approved this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Amended and Restated Garfield Place Urban
Revitalization Area: City Manager
recommending that a public hearing be set for
February 16, 2004 to consider an amended and
restated Garfield Place Urban Revitalization
Area, presented and read. Michalski moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 16-04
A RESOLUTION SETTING A PUBLIC
HEARING ON A PROPOSAL TO AMEND CITY
OF DUBUQUE ORDINANCE 38-2002
ESTABLISHING THE AMENDED AND
RESTATED GARFIELD PLACE URBAN
REVITALIZATION AREA AS AN URBAN
REVITALIZATION AREA PURSUANT TO
CHAPTER 404 OF THE CODE OF IOWA.
Whereas, the City of Dubuque Ordinance No.
82-2000 established the Garfield Place Urban
Revitalization Area; and
Whereas, the City of Dubuque Ordinance No.
38-3002 established the Amended and Restated
Garfield Place Urban Revitalization Area; and
Whereas, two 19 room single room occupancy
(SRO) have been constructed at 511 and 513
Garfield in the Garfield Place Urban
Revitalization Area; and
Whereas, due to the request by Davis Place
EEC, owner, to extend the district and construct
another 12 room single room occupancy (SRO),
an amendment to the Garfield Place Urban
Revitalization Area Plan is necessary; and
Whereas, the area proposed for the amended
and restated designation under the Urban
Revitalization Act is an economic development
area appropriate for housing and residential
development as defined by Section 403.17 of
the Iowa Code; and
Whereas, Chapter 404 of the Code of Iowa
provides that a public hearing shall be held on
any proposed amendment of an Urban
Revitalization Area Plan.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the rehabilitation,
redevelopment and economic development of
the hereinafter described area is found to be
necessary in the interest of the public health,
safety and welfare of the residents of the City, to
wit:
Lot 1, Lot 2 and Lot 3 of Davis Place II and Lot
2 Scharle Subdivision in the County of Dubuque,
City of Dubuque, Iowa, according to the
recorded plat thereof, commonly known as 511,
513,515 and 521 Garfield.
Section 2. That the Amended and Restated
Garfield Piace Urban Revitalization Area Plan as
proposed meets the eligibility criteria of Chapter
404.1 of the Code of Iowa, 2001.
Section 3. That the proposed Amended and
Restated Garfield Place Urban Revitalization
Area Plan attached hereto, shall be a matter of
record and shall be available for pubic
inspection in the office of the City Clerk at City
Hall, 50 West 13th Street, Dubuque, Iowa.
Section 4. That the City is authorized and
directed to submit the Amended and Restated
Garfield Place Urban Revitalization Area Plan to
the City's Long Range Planning Advisory
Commission for review and comment; and
Section 5. That the City Clerk is directed to
publish notice of a public hearing on the
Amended and Restated Garfield Place Urban
Revitalization Area Plan to be held on February
16, 2004 at 6:30 p.m. in the Carnegie Stout
Library Auditorium, 360 West 11th Street,
Dubuque, Iowa 52001; and
Section 6. That the owners of record and
tenants living within the proposed area will be
notified by the thirtieth day prior to the public
hearing.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set public hearing set for 2/16/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Markham. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to speak. Seconded by
Markham. Motion carried 7-0.
Voluntary Annexation; Proof of publication on
notice of hearing to consider the voluntary
annexation, inciuding non-consenting property
owners, of approximately 704 acres of property
west of Dubuque and communication from
Douglas and Dianne Fritsch, 14238 Middle
Road, regarding the proposed annexation,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Regular Session, January 5, 2004
:9
Pete Henkels, 13864 Seippel Road, spoke
objecting to several acres of his property being
annexed to the City of Dubuque which would
prohibit him from burning the brush from his
Orchard. He would prefer to be annexed to
Asbury.
Roseann Wilson spoke stating her acreage is
next to Mr. Henkel's and objected also to
annexation by the City of Dubuque.
Karen Gerhart spoke objecting to the proposed
annexation of their property.
Bill Bahl, speaking for himself and twenty-five
others affected by the proposed annexation,
stated they were in favor of being annexed by
the City of Dubuque.
Doug Fritsch, 14238 Middle Road, spoke
objecting to the annexation of his property, citing
the financial burden of connecting to the sewer.
RESOLUTION NO. 17-04
RESOLUTION APPROVING APPLICATIONS
FOR VOLUNTARY ANNEXATION OF
TERRITORY WITH NON-CONSENTING
PROPERTY OWNERS
Whereas, various property owners have
submitted written applications for voluntary
annexation of approximately 643 acres to the
City of Dubuque, Iowa; and
Whereas, in order to avoid the creation of
islands andlor to provide more uniform
boundaries it is necessary in the public interest
and required by Iowa Code that approximately
47 acres of land owned by various property
owners who have not consented to the voluntary
annexation of said land be included as part of
the annexation territory; and
Whereas, the annexation territory does include
approximately 14.5 acres of Dubuque County
right-of-way for adjoining secondary roads; and
Whereas, Iowa Code section 368.5 allows the
inclusion of County right-of-way for adjoining
secondary roads; and
Whereas, the annexation territory is not
subject to an existing annexation moratorium
agreement; and
Whereas, the annexation territory does not
include any State or railroad property; and
Whereas, Iowa Code section 368.7(1)
authorizes the extension of City limits in
situations of this character by adoption of a
resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the
Comprehensive Plan of the City of Dubuque,
necessary for the future orderly growth and
development of Dubuque and will promote the
efficient and cost effective extension of
municipal services; and
Whereas, the City of Dubuque has the
capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the pu~iic
interest. ,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY fF
DUBUQUE, IOWA:
Section 1. That the applications of the vari us
property owners for voluntary annexation J of
approximately 643 acres of territory lying outside
of the corporate limits of the City of Dubuque,
Iowa, as shown on Exhibits A, Band C ~nd
legally described in Exhibit Dare her1bY
approved for annexation to the City of Dubuq e,
Iowa.
Section 2. That the approximately 47 acres of
iand within the annexation territory as descri ed
in Exhibit D and owned by various prop rty
owners who have not consented to the VOlun~ry
annexation of said territory to the City of
Dubuque, Iowa, (as shown on Exhibits A, B nd
C) are hereby approved for annexation to he
City of Dubuque, Iowa to avoid the creation of
islands. and/or to create more unif ,rm
boundaries. :
Section 3. That the approximately 14.5 ac!es
of County-owned road right-of-way to 'he
centerline of adjoining secondary roads t~at
currently lie outside a city as shown on Exhi~its
A, Band C and legally described in Exhibit D 'fire
hereby approved for annexation to the City! of
Dubuque, Iowa. !
Section 4. That, subject to the approval of the
City Development Board, the corporate limits! of
the City of Dubuque, Iowa, be and they her~by
are extended to include the approximately ~04
acres of annexation territory as shown þn
Exhibits A, Band C and legally described! in
Exhibit D. !
Section 5. That, subject to the approval of jhe
City Development Board's approval of 1he
annexation, the City Council of Dubuque, i°"l'.a,
does hereby provide for the transition of ¡he
imposition of City taxes against certain prop~rty
within the annexation territory as listed in EXh~'bit
E in accordance with the approved annexat n
agreement with the owners of said property, in
accordance with the tax exemption sched Ie
provided under iowa Code section 472~.3,
subsections 1 through 5, for the levy and
collection of taxes as follows: I
1. For the first year, seventy five percent (75"1)'
2. For the second year, sixty percent (60%).
3. For the third year, forty-five percent (45%).,
4. For the fourth year, thirty percent (30%). I
5. For the fifth year, fifteen percent (15%). t
Section 6. That the City Council of Dubuq e,
Iowa, does hereby certify that the City of
Dubuque has complied with the notice a d
hearing requirements of the Iowa Code, as
amended, pertaining to voluntary annexation of
territory with non-consenting property own'i'rs
within an urbanized area of another city. !
I
I
10
Regular Session, January 5, 2004
Section 7. That If City Development Board
approves this annexation, the territory hereby
annexed shall become a part of the Fifth
Precinct of the First Ward of the City of
Dubuque, iowa.
Section 8. That the City Clerk shall file this
resolution, all exhibits and the applications for
voluntary annexation with the State of Iowa in
accordance with the provisions of Chapter 368
of the Iowa Code.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Southfork Interceptor Sewer Phase IV
Connection Charge: Proof of publication on
notice of hearing and notice to property owners
to consider establishing the sanitary sewer
connection fees for the Southfork interceptor
Sewer at $478.86 per acre and City Manager
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
An Ordinance Establishing a schedule of
sewer connection fees for the connection of
property to the Southfork Interceptor Sewer
Phase IV, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 1-04
AN ORDINANCE ESTABLISHING A
SCHEDULE OF SEWER CONNECTION FEES
FOR THE CONNECTION OF PROPERTY TO
THE SOUTHFORK INTERCEPTOR SEWER
PHASE IV
Whereas, after full consideration of the
schedule of sanitary connection fees proposed
to be made for the Southfork Interceptor Sewer
Phase IV, which schedule of connection fees
was filed in the office of the City Clerk on the
26'h day of November, 2003; and
Whereas, the City Council has determined that
the amounts shown on said schedule are proper
and are in proportion to the benefits conferred;
and
Whereas, the City Council further finds that the
schedule of sewer connection fees for the
Southfork Interceptor Sewer Phase IV be
approved and adopted.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. There is hereby established a
schedule of sewer connection fees of the
Southfork Interceptor Sewer Phase IV for the
connection of property to said City sewer.
Section 2. Each property owner whose
property will be served by connection to said
City sewer shall pay a sewer connection fee to
the City, as shown on the schedule of sewer
connection fees attached hereto.
Section 3. Such connection fee shall be due
and payable when a sewer connection
application is filed with the City. All fees
collected under this Ordinance shall be paid to
the City Treasurer.
Section 4. The City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
for recording in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 5'h day of
January, 2004.
IslTerrance M. Duggan, Mayor
Attest: Is/Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the gth day of January, 2004.
IslJeanne F. Schneider, CMC, City Clerk
11 1/9
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Pre-Disaster Mitigation Plan: Proof of
publication on notice of hearing to consider
approval of the City of Dubuque's Pre-Disaster
Mitigation Plan, presented and read. Cline
moved that the proof be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 18-04
RESOLUTION APPROVING AND ADOPTING
THE DUBUQUE PRE-DISASTER MITIGATION
PLAN
WHEREAS, the Dubuque Pre-Disaster
Mitigation Plan was presented to the Dubuque
City Council on January 5, 2004; and
WHEREAS, the Dubuque Pre-Disaster
Mitigation Plan was prepared In compliance with
the Pre-Disaster Mitigation Planning
Requirements of the Pre-Disaster Mitigation Act
of 2000 provided by the Iowa Homeiand Security
and Emergency Management Division; and
WHEREAS, the Dubuque Pre-Disaster
Mitigation Plan identlfes the City's potential
hazards in the community; and
WHEREAS, the Dubuque Pre-Disaster
Mitigation Plan includes a profile of hazard
events, a vulnerability assessment, evaluation of
mitigation goals and a plan maintenance
process.
NOW THEREFORE BE IT RESOLVED that
the City Council of the City of Dubuque does
hereby approve and adopt the Dubuque Pre-
Regular Session, January 5, 2004
11
Disaster Mitigation Plan this 5th day of January,
2004.
Terrence M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Mary Ransdeli v. City of Dubuque: Proof of
publication on notice of hearing to consider
disposing of City intarest in Lot 15A in Hill Street
Addition and Lot 27A in Coriell's Dubuque in the
City of Dubuque, Dubuque County, Iowa
pursuant to a Settlement Agreement with Mary
Ransdell, presented and read. Cline moved that
the proof be received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 19-04
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 1A OF ARBOR ESTATES
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circuiation published in the City of Dubuque,
Iowa on this 19th day of December, 2003, the
City Council of the City of Dubuque, Iowa met on
the 5th day of January, 2004, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposai for the sale of real estate described
as:
Lot 1A of Arbor Estates in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 1A of Arbor
Estates in the City of Dubuque, Iowa to SGT
Investments, L.L.C. be and the same is hereby
approved for the sum of $3,135.00, plus the cost
of publication, platting and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement inciuding the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing. reconstructing,
repairing, owning, operating, and maintaining
watermain as may be authorized by the City of
Dubuque, Iowa, as shown on the Plat of Survey
of Lot 1 A of Arbor Estates.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
SGT Investments, L.L.C. upon receipt of t~e
purchase price in full.
Section 4. That the City Clerk be and is hereþy
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 5th day of
January, 20<14.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Vacating Petition - Portion of West 32" Street
at John F. Kennedy Road: Proof of publication
on notice of hearing to consider a request from
Steven and Judy Selchert for the vacating and
disposal of a portion of West 32" Street at John
F. Kennedy Road, presented and read.
Markham moved that the proof of publication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Ray Taylor, 10880 River Vista Dr., spoke
objecting to sale of this property.
RESOLUTION NO. 20-04
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 1A OF ARBOR ESTATES
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 19th day of December, 2003, the
City Council of the City of Dubuque, Iowa met on
the 5th day of January, 2004, at 6:30 p.m. in the
Public Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 1A of Arbor Estates in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such reai
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 1A of Arbor
Estates in the City of Dubuque, Iowa to SGT
Investments, L.L.C. be and the same is hereby
approved for the sum of $3,135.00, plus the cost
of publication, platting and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
12
Regular Session, January 5, 2004
repairing, owning, operating, and maintaining
watermain as may be authorized by the City of
Dubuque, Iowa, as shown on the Plat of Survey
of Lot 1A of Arbor Estates.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
SGT Investments, LLC. upon receipt of the
purchase price in full.
Section 4. That the City Cierk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Request to Address the Council: Ray Taylor,
10880 Rio Vista Drive, requesting to address the
City Council regarding stoplights on the
Northwest Arterial, presented and read. Mr.
Taylor spoke objecting to installation of more
stop lights on the NW Arterial. Michaiski
moved to receive and file Mr. Taylor's
comments. Seconded by Nicholson. Motion
carried 7-0.
Greater Dubuque Development Corporation:
Rick Dickinson, Director of the Greater Dubuque
Development Corporation. gave a verbal
quarterly report. Nicholson moved that the
report be received and filed. Seconded by
Connors. Motion carried 7-0.
Highway 52 South - Request to Rezone (First
Reading on 12/15/03): An Ordinance Amending
Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying
hereinafter described property located southeast
of Highway 61/151 and Highway 52 intersection
from C-3 General Commercial District to MHI
Modified Heavy Industrial District, with
conditions, presented and read.
Communication from Gary Cavanaugh, 9250
Bellevue Heights, expressing concerns with the
rezoning and submitting information on diesel
exhaust; Communications in opposition to the
proposed rezoning; Communication from Brian
J. Kane, representing Apex Concrete, LLC, in
partial response to inquiries regarding the
rezoning; Dan Mueller submitting information
from the Iowa Department of Transportation
regarding Entrance Permit #31-2003-13 to
construct a single Type "B" entrance along US
52 within the City of Dubuque, presented and
read.
An additional communication from IDOT was
submitted giving more information as to the
construction feasibility of an additional turn lane
for slow-moving traffic.
Council voiced concerns about additional
traffic problems with the addition of slow moving
concrete trucks entering and exiting the Apex
Concrete Plant.
Buol moved to amend the Ordinance to make
it an additional condition of the rezoning that an
additional traffic lane be added to Highway 52 by
the developer and, as stated in Paragraph #1 of
the Iowa Department of Transportation letter
dated January 5, 2004, that the final design of
the intersection be submitted to IDOT for further
review and approval. Seconded by Markham.
Motion carried 7-0.
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance, as
amended. Seconded by Markham. Motion
failed due to lack of % vote: Yeas-Buol,
Duggan, Markham, Nicholson. Nays-Cline,
Connors, Michalski.
Buol moved that this be considered the second
reading of the Ordinance, as amended.
Seconded by Markham. Motion carried 7-0.
Request for Proposals for Private
Management of the Five Flags Center: City
Manager recommending approval of the
issuance of a Request for Proposals for private
management of the Five Flags Center,
presented and read. Michalski moved that the
communication be received and filed and
recommendation approved. Seconded by
Nicholson. Motion carried 7-0.
Building Permit Moratorium - Bee Branch
Creek Restoration Alignment Study: City
Manager recommending approval of a building
permit moratorium through May 29, 2004 for
property located in the Bee Branch Creek
Restoration Alignment Study area, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Carried by the following vote: Yeas-Buol,
Cline, Connors, Markham, Michalski, Nicholson.
Nays-Duggan.
An Ordinance mending Chapter 11 Buildings
and Building Regulations of the City of Dubuque
Code of Ordinances by adding a new Section
11-58.5 Establishing a Moratorium on the
Regular Session, January 5, 2004
13
Issuance of Building Permits for Commercial
and New Residential Construction in the Bee
Branch Creek Restoration Alignment Study
Area, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-04
AN ORDINANCE AMENDING CHAPTER 11
BUILDINGS AND BUILDING REGULATIONS
OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW SECTION
11-58.5 ESTABLISHING A MORATORIUM ON
THE ISSUANCE OF BUILDING PERMITS FOR
COMMERCIAL AND NEW RESIDENTIAL
CONSTRUCTION IN THE BEE BRANCH
CREEK RESTORATION ALIGNMENT STUDY
AREA
Whereas, the City Council of the City of
Dubuque, Iowa has directed the Bee Branch
Citizen Advisory Committee to determine an
alignment for the proposed Bee Branch
Restoration Project in the City of Dubuque
between 24th Street and the 16th Street
Detention Basin, which will include the
acquisition of property necessary for said
project; and
Whereas, the Engineering Division has
requested that the City Council adopt a
moratorium on the issuance of building permits
in the study area while the Committee
determines the alignment for said Project; and
Whereas, the City Council believes that it is in
the best interest of the City and its citizens to
minimize the inconvenience and disruption to
property owners in the study area and to
minimize property acquisition costs for the
construction of the Bee Branch Restoration
Project and that a moratorium for the study area
should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 11 Buildings and Building
Regulations of the City of Dubuque Code of
Ordinances is hereby amended by adding the
following new Section 11-58.5:
Section 11-58.5 Moratorium - for work in the
Bee Branch Creek Restoration Alignment Study
area. The Building Official shall not issue any
permit for the substantial enlargement,
alteration, remodeling of or any new commercial
construction or for any new residential
construction, but not including demolition,
without the approval of the City Council in the
Bee Branch Creek Restoration Alignment Study
area as shown on the map on file in the office of
the City Clerk, 50 W. 13th Street, Dubuque,
Iowa, during the period from the date of
publication of this ordinance through May 29,
2004, except where a vested right to the
issuance of such permit accrued prior to
December 19, 2003.
Section 2. This Ordinance shall take effect
upon publication, as provided by law.
Passed, approved and adopted this 5th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 9th day of January, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 1/9
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinanç".
Seconded by Nicholson. Carried by the following
vote; Yeas-Buol, Cline, Connors, Markham,
Michalski, Nicholson. Nays-Duggan.
Dubuque Greyhound Park Expansion:
Communication from the Dubuque Racirtg
Association requesting City Council support of
the proposed Dubuque Greyhound Park and
Casino Facility Expansion project and City
Manager recommending that the City Council
support the Dubuque Greyhound Park and
Casino Expansion Project and to submit a Letter
of Support to the Iowa Racing and Gamii1g
Commission, presented and read. Nicholson
moved that the communications be received and
filed and approved recommendation. Second",d
by Connors. Motion carried 7-0.
City Council Appointments: Communication
from Operation: New View requesting
appointment of the City's designees to their
Board for calendar year 2004 (currentiy Council
Members Patricia Cline and Joyce Connors) and
communication from Rick Dickinson, Greater
Dubuque Development Corporation, requesting
appointment of a City Council representative to
the River Valley Initiative Foundation Board. of
Directors, presented and read. Michalski
moved that Cline and Connors be reappointed to
the Operation; New View Board. Seconded by
Nicholson. Motion carried 7-0.
Michalski moved that Buol be appointed to the
River Valley Initiative Foundation Board of
Directors. Seconded by Nicholson. Motion
carried 7-0.
Mayor and City Council appointments to
various Boards and Commissions, presented
and read. Michalski moved that the
appointments continue as at present.
Seconded by Nicholson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
14
Regular Session, January 5, 2004
Approved;
2004
Nicholson requested City Council support of
his appointment to the Iowa League of Cities
Board and upon consensus Council gave
support.
At 7:58 P.M. Michalski moved to go into
Closed Session - Property Acquisition - Chapter
21.5(1)0) 2003 Code of Iowa. Seconded by
Nicholson. Motion carried 7-0.
At 8:12 P.M. Council reconvened stating staff
had been given proper direction.
There being no further business, Michalski
moved to adjourn. Seconded by Nicholson.
Motion carried 7-0. The meeting adjourned at
8:13 P.M.
11 1/14
Isl Jeanne F. Schneider, CMC
City Clerk
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
Regular Session, January 19, 2004
15
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, January 19,
2004
Council Met in Regular Session at 3:00 P.M. in
the Five Flags Civic Center - Orpheum Room
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend Tom
Mason, Captain ofthe Salvation Army.
CONSENT ITEMS
Minutes and Reports Submitted: Airport of
12/8; City Council of 12/18 and 1i5; Civil Service
Commission of 10/28, 11i5 and 12/4;
Community Development Advisory Commission
of 12/2 and 12/10; Downtown Planning
Committee of 12/8; Historic Preservation
Commission of 12/18; Human Rights
Commission of 12/8; Zoning Advisory
Commission of 117; Zoning Board of Adjustment
of 12/18, presented and read. Buol moved that
the minutes be received and filed. Seconded by
Markham. Motion carried 7-0.
Minutes of Library Board of 7/24, 8/8, 8/28,
9/16, 9/25, 10/23, 11/20, 11/25, and 12i4,
presented and read. Michalski moved that the
minutes be received and filed. Seconded by
Connors. Motion carried 7-0.
Proof of publication of List of Claims and
Summary of Revenues for month ending
November 30, 2003; Financial reports for month
ending December 31,2003, presented and read.
Buol moved that the proofs and financial reports
be received and filed. Seconded by Markham.
Motion carried 7-0.
Notice of Claims/Suits: Debra Ann Avenarius
for personal injury; James K. Clark for property
damage; Deborah Cue for personal injury;
Norma Furry for property damage; John Sabers
for property damage; Luvem H. Stockel for
property damage; TFM Company for property
damage, presented and read. Buol moved that
the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Debra Ann
Avenarius for personal injury; Deborah Cue for
personal injury; Allison Lott for property damage;
John Sabers for property damage; Luvem
Stockel for property damage; TFM Company for
property damage, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of James K. Clark for
property damage and directing Finance
Department to issue payment, presented and
read. Buol moved that the communication be
received and filed and approved settlement
directing the Finance Department to issue
payment. Seconded by Markham. Motion
carried 7-0.
Citizen Communications: Communication from
Mary Jungbluth regarding the mediation session
between Sunnyslope property owners and QHQ
Properties, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Communication from Sister Margaret Ann
Willging submitting proposals for City Council
consideration, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
LeClere Agreement: City Manager
recommending approval of an agreement with
Thomas and Rebecca LeClere, 1195 Thomas
Place, for the installation of sanitary sewer
service to their home, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste
Agency: Communication from Jan Hess,
Secretary of the Dubuque Metropolitan Area
Solid Waste Agency, submitting the Agency's
tipping fees for Fiscal Year 2005 along with a
summary of the Fiscal Year 2005 budget,
presented and read. Buol moved that the
communications be received and filed.
Seconded by Markham. Motion carried 7-0.
Request to Demolish: Historic Preservation
Commission recommending approval of a
request from the City of Dubuque to demolish a
one-story concrete addition to the Star Brewery
16
Regular Session, January 19, 2004
Building, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
White Water Creek Bridge: City Manager
recommending approval of a Historic Resource
Development Program (HRDP) grant application
for relocation of the historic White Water Creek
Bridge, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 21-04
RESOLUTION AUTHORIZING GRANT
APPLICATION FOR HRDP FUNDS FOR
RELOCATION OF THE HISTORIC WHITE
WATER CREEK BRIDGE
Whereas, the State Historical Society of Iowa
has Historic Resource Development Program
(HRDP) grant funds available for the
preservation and interpretation of Iowa's historic
and cultural resources; and
Whereas, the City of Dubuque has an adopted
Comprehensive Plan with goals and objectives
for the preservation and interpretation of the
community's historic and cultural resources; and
Whereas, the City of Dubuque has signed a
Memorandum of Agreement with the Federal
Highway Administration, State Historic
Preservation Office, and Dubuque County and
an Intergovernmentai Agreement between the
State Historic Preservation Office and Dubuque
County that set forth the terms and conditions of
the relocation of the historic White Water Creek
Bridge.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Planning Services
Manager is hereby authorized to sign the grant
application for HRDP funds for the relocation of
the historic White Water Creek Bridge.
Section 2. That the City of Dubuque agrees to
abide by all local, state, and federal
requirements applicable to the proposed project.
Passed, approved and adopted this 19th day
of January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Eagle Food Centers, Inc.: Notice of hearing in
the United States Bankruptcy Court to consider
approval of the disclosure statement of Eagle
Food Centers, Inc. and four of its subsidiaries
and affiliates, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Urban Transit Contracts; City Manager
recommending approval of Urban Transit
Contracts with Area Residential Care, Mt. Saint
Francis, and Sunnycrest Manor, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Four Mounds Foundation: Christine Happ
Olson, Executive Director - Four Mounds
Foundation, requesting that the City sign an
owner consent form for a grant application to the
State Historical Society of Iowa for funding to
restore the structurally damaged Porte Cochere
at the historic Grey House at Four Mounds,
presented and read. Buol moved that the
communication be received and fiied and
approved request. Seconded by Markham.
Motion carried 7-0.
Designation of Fiscal Officers: City Manager
recommending approvai of the designation of
Finance Department employees to obtain bank
account information and make transfers
between City of Dubuque bank accounts within
a banking institution, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
RESOLUTION NO. 22'()4
RESOLUTION AUTHORIZING CERTAIN CITY
OF DUBUQUE FINANCE DEPARTMENT
EMPLOYEES TO OBTAIN BANK ACCOUNT
INFORMATION AND MAKE TRANSFERS
BETWEEN CITY OF DUBUQUE BANK
ACCOUNTS WITHIN A BANKING
INSTITUTION
Whereas, the City of Dubuque maintains
accounts with iocal banking institutions; and
Whereas, the banking institutions require
authorization by the City Council for City
employees other than those designated on
account signature cards to obtain bank account
information and transfer funds between City
accounts at that institution; and
Whereas, the City Council has determined that
the City employees who may obtain bank
account information and transfer funds between
accounts within a banking institution are the
Finance Department Account Clerks, Cheryl L.
Steckel, and Melissa J. McGinnis.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Finance Departmenfs Account
Clerks, Cheryl L. Steckel, and Melissa J.
McGinnis, are hereby authorized to obtain bank
account information on all City of Dubuque
accounts and to transfer funds between the
City's accounts within a banking institution.
Regular Session, January 19, 2004
17
Transfers shall be authorized via telephone or
written request.
Passed, approved and adopted this 19th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Authorized Depository Institutions: City
Manager recommending approval of adding
State Central Bank as an authorized depository
institution for the City of Dubuque, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 23.Q4
RESOLUTION AUTHORIZING CERTAIN CITY
OF DUBUQUE FINANCE DEPARTMENT
EMPLOYEES TO OBTAIN BANK ACCOUNT
INFORMATION AND MAKE TRANSFERS
BETWEEN CITY OF DUBUQUE BANK
ACCOUNTS WITHIN A BANKING
INSTITUTION
Whereas, Chapter 12C.2 of the 2003 Code of
Iowa states that the approval of a financial
institution as a depository shall be by written
resolution or order which shall be entered of
record in the minutes of the approving board,
and which shall distinctly name each depository
approved, and specify the maximum amount
which may be kept on deposit in each
depository; and
Whereas, This procedure is required if a
financial institution changes its name or home
office location, if the maximum amount is
changed, or if a financial institution is added or
deleted.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the following financial
institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance
with all applicable provisions of the 2003 Iowa
Code Chapter 12C.2. The City Treasurer is
hereby authorized to deposit City of
Dubuque,lowa funds in amount not to exceed
the maximum approved for each respective
financial institution as set out below.
DeDositorv Name Location of Home Office
Maximum Balance
American Trust & Savings Bank Dubuque, IA
$40,000,000
Dubuque Bank & Trust Company Dubuque, IA
$40,000,000
Minneapolis, MN
$20,000,000
Deacon Community Credit Union Dubuque, IA
$20,000,000
Dubuque, IA
U.S. Bank
Premier Bank
$20,000.000
East Dubuque Savings Bank, East Dubuque, IL
$20,OOO,QOO
Liberty Bank Des Moines, 10jNa
$20,000,000
State Central Bank Keokuk, lo\va
$20,000,000
Passed, approved and adopted this 19th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk'
Buol moved adoption of the Resolutitþn.
Seconded by Markham. Motion carried 7-0. ¡
I
Shepherd Company - CEBA Contract: qity
Manager recommending approval to execute a
$100,000 Community Economic Betterm~nt
Account (CEBA) loan agreement to suppþrt
Shepherd Company's reiocation to downtown
Dubuque, presented and read. Buol moved t~at
the communication be received and filTd.
Seconded by Markham. Motion carried 7-0. I
RESOLUTION NO. 24-04 I
A RESOLUTION AUTHORIZING TIifE
EXECUTION OF A COMMUNITY ECONO¡'¡¡¡C
BETTERMENT ACCOUNT LÒ~
AGREEMENT FOR ONE HUNDRED
THOUSAND DOLLARS ($100,000) WitH
SHEPHERD INCORPORATED. '
Whereas, the Community Econ01ic
Betterment Account (CEBA) program has beþn
created by the Iowa Department of Econoiic
Development to assist in the econonric
development efforts of local jurisdictions; and ~
Whereas, on October 16, 2003, the City of
Dubuque, Iowa was awarded a one hundr d
thousand dollar ($100,000) loan/forgivable lo?n
from the CEBA program by the Iowa Departm~nt
of Economic Development; and i
Whereas, the City of Dubuque, Iowa desires Ito
assist Shepherd incorporated in its efforts ,to
locate its operations in Dubuque and create
new, permanent employment opportunities for
local citizens; and I
Whereas, a CEBA Loan Agreement, herEjto
attached and by this reference made a part
hereof, is to be executed by and among t~e
Iowa Department of Economic Developme~t,
Shepherd Incorporated and the City of Dubuqu",
Iowa. :
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY QF
DUBUQUE, IOWA: ,
Section 1. That the Mayor and Corporatiqn
Counsel be and they are hereby authorized a~d
directed to endorse, on behalf of the Cif;'
Council of the City of Dubuque, Iowa, t/je
attached CEBA Loan Agreement. :
Section 2. That the City Manager be and he ,S
hereby authorized to disburse loan funds 10
Shepherd Incorporated from the CEBA program
,
18
Regular Session, January 19, 2004
in accordance with the terms and conditions of
the executed Agreement.
Passed, approved and adopted this 19th day
of January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Lead Based Paint Hazard Abatement Program
and Housing Trust Program: City Manager
recommending approval of the publication of a
Notice of Intent to Request Release of
Community Development Block Grant (CDBG)
Funds for the Lead Paint Hazard Abatement
Program and Housing Trust Fund Program,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 25-04
A RESOLUTION AUTHORIZING PUBLICA-
TION OF A NOTICE OF INTENT TO REQUEST
RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE LEAD
PAINT HAZARD ABATEMENT AND HOUSING
TRUST PROGRAMS.
Whereas, the City of Dubuque will enter into a
Grant Agreement for the Fiscal Year
commencing July 1, 2003, with the U.S.
Department of Housing and Urban
Development, providing for financial assistance
to the City under TItle I of the Housing and
Community Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
Lead Paint Hazard Abatement program and
Housing Trust program to be financed with
Community Development Block Grant funds;
and
Whereas, based on said environmental review,
the Housing and Community Development
Department has determined that the Lead Paint
Hazard Abatement program and Housing Trust
Program are categorically excluded under HUD
reguiatlons at 24 CFR Part 58 from the Natlonai
Environmental Policy Act requirements; and
Whereas, a Notice of Intent to Request
Release of Funds for said programs will be
published in a newspaper of general circulation;
and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a Notice of
Intent to Request Release of Community
Development Block Grant Funds for the Lead
Paint Hazard Abatement and Housing Trust
Programs and to make the Environmental
Review Record for said programs available for
public inspection and comment until 5:00 p.m.
on February 2, 2004. Such notice shall be in the
form of Exhibit "A" attached hereto and made a
part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Housing and Community Development
Department, 1805 Central, and Health Services,
300 Main, Dubuque, Iowa where said record
may be examined and copied by any interested
party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development seven (7) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent in his
official capacity as Mayor and on behalf of the
City of Dubuque, to accept the jurisdiction of the
federal courts if an action is brought to enforce
responsibilities in relation to environmental
review, decision-making and action.
Section 6. That the Mayor of the City of
Dubuque is and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 19th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
U.S. Department of Housing and Urban
Development: Communication from the U.S.
Department of Housing and Urban Development
(HUD) acknowledging receipt of the second
amendment to the City's Community
Development Block Grant Annual Action Plan,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Regular Session, January 19, 2004 19
Business License Refund: Request from 4800 ASbury!Rd
Marvin Rapp, Cue Master Billiards, for a refund Passed, approved and adopted this 19th day of
of his cigarette license in the amount of $50.00, January, 2004. 1
presented and read. Buol moved that the Terrance M. Duggan, M~or
communication be received and filed and Attest: Jeanne F. Schneider, CMC, City Cle
approved refund. Seconded by Markham. Buol moved adoption of the Resoluti n.
Motion carried 7-0. Seconded by Markham. Motion carried 7-0. 1
I
ITEMS TO BE SET FOR PUBLIC HEARIN~
The following item was pulled from ¡he
Agenda: Old Mill Road Property - Le~se
Agreement: City Manager recommending th~t a
public hearing be set for February 16, 2004,1 to
consider a lease agreement with David Ha¡tig
for four properties on Old Mill Road which the
City acquired through the Hazard Mitigation
Grant Program (HMGP) and which must remain
open green space as a condition of the HM~P
program and a Resolution Establishing a pu lic
hearing for the disposition of Old Mill R ad
property. I
Fiscal Year 2005 Annual Action Plan: ity
Manager recommending that a public hearing be
set for February 24, 2004 to consider appro al
of the proposed Fiscal Year 2005 Annual Acti n
Plan, presented and read. Cline moved that e
communication be received and filed. Second d
by Connors. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 26-04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be "authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER
UAW Local 94 United Automobile Workers # 94
(Sunday Sale) 3450 Central
CLASS "C" BEER PERMIT
Awn Stop Mart, Inc Awn Stop Mart+
(Sunday Sale) 1998 Jackson
Dubuque Discount Gas Dubuque Discount
Gas+(Sunday Sale) 2175 Central
IA Potatoe & Produce Hs Iowa Potatoe &
Produce House+(Sunday Sale) 2600 Dodge
Hy-Vee Inc. Hy-Vee # 2+
(Sunday Sale) 4800 Asbury
Passed, approved and adopted this 19th day
of January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 27-04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
Hy-Vee Inc.
CLASS "B" WINE
Hy-Vee#2
RESOLUTION NO. 28-04
A RESOLUTION SETTING A PUB IC
HEARING ON THE PROGRAM YEAR 20þ4
(FISCAL YEAR 2005) COMMUN~
DEVELOPMENT BLOCK GRANT (CDB )
ANNUAL ACTION PLAN.
Whereas, the City of Dubuque has, throug a
series of public meetings and hearings, finaliz d
a Program Year 2004 (Fiscal Year 20 5)
Community Development Block Grant Ann~al
Plan addressing both housing and non-housi g
needs in the community; and
Whereas, copies of the draft Program Y ar
2004 (Fiscal Year 2005) CDBG Annual Plan ill
be availabie for public comment for 30 days P~or
to City Council action; and
Whereas, the City's Community Developm nt
Advisory Commission has reviewed a d
recommended adoption of the Annual Acli n
Plan.
NOW, THEREFORE, BE IT RESOLVED Y
THE CITY COUNCIL OF THE CITY ~F
DUBUQUE, IOWA:
Section 1. That the City Council will meet in
the Carnegie Stout Public Library Auditorium,
360 West 11th Street, Dubuque, Iowa at 6:*0
p.m. on February 24, 2004 for the purpose pf
holding a public hearing and taking final act;. n
on the Program Year 2004 (Fiscal Year 200 )
Community Development Block Grant Ann I
Plan. I
20
Regular Session, January 19, 2004
Section 2. That the City Clerk be and she is
hereby authorized and directed to publish a
notice of such public hearing and the City
Council's intent to review and take action on the
Program Year 2004 (Fiscal Year 2005)
Community Development Block Grant Annual
Plan.
Passed, approved and adopted this 19th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 2/24/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council if they
choose. Seconded by Buol. Motion carried 7-0.
Madison Street Sanitary Sewer Extension
Project: Proof of publications on notice of
hearing, notice to bidders and notice to property
owners and City Manager recommending award
of the contract for the Madison Street Sanitary
Sewer Extension Project to Top Grade
Excavating in the amount of $90,460.09,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 29-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 261h day of November, 2003,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Madison Street Sanitary
Sewer Extension Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 19th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 30-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Madison Street
Sanitary Sewer Extension Project pursuant to
Resolution No. 497-03 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 8th day of January,
2004.
Whereas, said sealed proposals were opened
and read on the 131h day of January, 2004, and it
has been determined that the bid of Top Grade
Excavating of Epworth, Iowa, in the amount of
$90,460.09 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Top Grade Excavating and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED;
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 19th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 31-04
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE MADISON
STREET SANITARY SEWER EXTENSION
PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the Madison Street
Sanitary Sewer Extension Project has given
notice of the public hearing thereon as required
by law; and
Whereas, the public hearing has been held, all
persons offering objections have been heard
and consideration given to all objections and is
pending before this Council;.and
Whereas, this is the time and place set as
provided for the taking of action on the proposed
Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Regular Session, January 19, 2004
21
LAdopted, without amendment, and all
objections filed or made having been duly
considered are overruled.
_Adopted as amended by the Schedule of
Assessments attached hereto as Exhibit A, and
made a part hereof by reference. All objections
filed or made having been duly considered are
overruled.
_Deferred for later consideration to a City
Council meeting to be held on the - day of
, 2004, next at 6:30 p.m. in the Public Library
Auditorium, with jurisdiction retained for further
consideration and action at the adjourned
meeting.
Abandoned.
---p¡jssed, adopted and approved this 19th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Kivlahan Farms LC - Request to Rezone:
Proof of publication on notice of hearing to
consider rezoning property on Bittersweet Lane
(north of John F. Kennedy Road and West 32"d
Street) from R-3 Moderate Density Multi-Family
Residential District to PUD Planned Unit
Development Distrtct with a PR Pianned
Residential designation as requested by
Kivlahan Farms LC and Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed.
Seconded by Connors. Motion carried 7-0.
John Kivlahan spoke in favor of the passage of
the proposed Ordinance.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located west of Honeysuckle
Lane from R-3 Moderate Density Multi-Family
Residential District to PUD Planned Unit
Development District with a PR Planned
Residential District designation and adopting a
Conceptual Development Plan with conditions,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED WEST OF
HONEYSUCKLE LANE FROM R-3
MODERATE DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT TO PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DISTRICT
DESIGNATION AND ADOPTING: A
CONCEPTUAL DEVELOPMENT PLAN WlfrH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED ~Y
THE CITY COUNCIL OF THE CITY bF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning OrdinanCe)
of the City of Dubuque Code of Ordinances is
hereby amended by amending by reclassifying
the hereinafter described property from ~-3
Moderate Density Multi-Family Residential
District to PUD Planned Unit Developm~nt
District with a PR Planned Residential Dist'ct
designation and adopting a concept al
development plan, a copy of which is attache to
and made a part hereof, with conditions as: I
As shown in Exhibit 1 and to the centerline I of
the adjoining public right-of-way, all in the citJ of
Dubuque, Iowa. "'1
Section 2. Pursuant to Iowa Code Sectiþn
414.5 (2001), and as an express condition of!þe
reclassification, the undersigned property °":"Jer
agrees to the following conditions, all of whllch
the property owner further agrees~re
reasonable and imposed to satisfy the pu~lic
needs that are caused directly by the zonihg
reclassification: i
A. Use ReQulations. 1
The following regulations shall apply to all uSßS
made of iand in the above-described P~D
District: '
1) Principal permitted uses shall be limited to
12 two-unit residential buildings. I
2) Accessory uses shall include any u~e
customarily incidental and subordinate to t~e
principal use it serves. ,
B. Lot and Bulk Reaulations. 1
Development of land in the PUD District shall be
regulated as follows: ¡
1) The proposed condominium developmEint
shall be constructed in substantial complianfe
with the attached conceptual development Pla~.
2) Maximum building height shall be limited to
30 feet.
C. Performance Standards.
The development and maintenance of uses in
this PUD District shall be established lin
conformance with Section 3-5.5 of the Zoni~g
Ordinance and the following standards; ,
1) Adequate erosion control shall be provid$d
during all phases of construction. 1
2) Off-street parking shall be provided ~s
shown on the approved conceptual plan. I
3) Storm water control facilities will tie
installed as per City Engineering reqUirements.
4) The conceptual plan shall serve as tf
preliminary plat for this PUD District. Fin I
subdivision plats and improvement plans sh iI
be submitted in accordance with Chapter 42 f
the City of Dubuque Code of Ordinances. I
5) Final site development plans shall ~e
submitted in accordance with Section 4-4 of ttje
1
I
22
Regular Session, January 19, 2004
Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreational Areas
Open space and landscaping in the PUD District
shall be regulated as follows:
Those areas not designated on the conceptual
development plan shall be maintained as open
space, as defined by Section 8 of the Zoning
Ordinance by the property owner andlor
association.
E. Siqn Requlations.
Signs in the PUD District shall be regulated in
accordance with the R-3 sign regulations of the
Zoning Ordinance.
F. Transfer of Ownership.
Transfer of ownership or lease of property in this
PUD District shall include in the transfer or lease
agreement a provision that the purchaser or
lessee acknowledges awareness of the
conditions authorizing the establishment of the
district.
G. Reclassification of Subiect Propertv.
The City of Dubuque, Iowa, may initiate zoning
reclassification proceedings to the R-3 Moderate
Density Muiti-Family Residential District in
accordance with Section 6 of the Zoning
Ordinance if the property owner fails to complete
or maintain any of the conditions of this
ordinance.
H. Modifications.
Any modifications of this Ordinance must be
approved by the City Councii in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
i. Recordino.
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval. This ordinance shall
be binding upon the undersigned and hislher
heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall
take effeci upon publication, as provided by law.
Passed, approved and adopted this 19th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Acceptance of Ordinance No. 3-04
We, John and Doris Kivlahan, representing
Kivlahan Farms, LC., having read the terms and
conditions of the foregoing Ordinance No. 3-04
and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 19th day of
January 2004.
Isl John Kivlahan
Isl Doris Kivlahan
Published officially in the Telegraph Herald
newspaper this 26th day of January, 2004.
Jeanne F. Schneider, City Clerk
11 1/26
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Radford Road - Request to Rezone: Proof of
publication on notice of hearing to consider
rezoning property in the 1700 block of Radford
Road from AG Agricultural District to C-3
General Commercial District as requested by
Steve Schueller and Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communications be received and filed.
Seconded by Connors. Motion carried 7-0.
Steve Schueller spoke in support of the
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reciassifying hereinafter
described property located in the 1700 block of
Radford Road from AG Agricultural District to C-
3 General Commercial District, with conditions,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 1700 BLOCK
OF RADFORD ROAD FROM AG
AGRICULTURAL DISTRICT TO C-3 GENERAL
COMMERCIAL DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from AG
Agricultural District to C-3 Generai Commercial
District, with conditions, to wit:
Lot 2 of Lot 2 - balance of balance of Lot 1
Block II North Range Industrial Park, and to the
cente~ine of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Seciion 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Regular Session; January 19, 2004
23
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Memorandum of Agreement
Pursuant to the Iowa Code Section 414.5
(2001), and as an express condition of rezoning
of the property shown in Exhibit A and to the
centertine of the adjoining public right-of-way, all
in the City of Dubuque, Iowa; and
Which is the subject of Ordinance No. 004-04,
a copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owners, agree to the
following conditions, all of which the property
owner further agrees are reasonable and are
imposed to satisfy public needs which are
caused directly by the rezoning:
A) Conditions: The following conditions shall
apply to the subject:
1) That any vehicle with a salvage title be
stored in a buiiding.
B) Reclassification of the Subiect Prooertv. The
City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the C-3 General
Commercial District (which rezoning will include
the removal of the performance standards in
Section A above) if the property owner fails to
complete any of the conditions or provisions of
this Agreement.
C) Modifications. Any modifications of this
Agreement shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recordina. A copy of this Agreement small
be recorded with the Dubuque County Recor~er
as a permanent record of the conditiQns
accepted as part of this rezoning approval within
ten (10) days of the adoption of Ordinance No.
17-04. '
E) Construction. This Agreement shall 'be
construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the
City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa. i
F) This Agreement shall be binding upon ¡he
undersigned and hislher heirs, successor ~nd
assignees.
Acceptance of Ordinance No. 4-04 i
I, Steve Schueller, property owner, having
read the terms and conditions of the foregoing
Ordinance No. 4-04 and being familiar with \he
conditions thereof, hereby accept this same ~nd
agree to the conditions required therein. '
Dated in Dubuque, Iowa this 19th day i of
January 2004.
Isl Steve Schueller ,
Published officially in the Telegraph Heraid
newspaper this 26th day of January, 2004. ,
Jeanne F. Schneider, City CI~rk
11 1/26
Buol moved that the requirement that! a
proposed Ordinance be considered and vo\ed
on for passage at two Council meetings prio~ to
the meeting at which it is to be finally passed !be
suspended and further moved final
consideration and passage of the Ordinan~e.
Seconded by Connors. Motion carried 7-0. '
Fiscal Year 2004 Budget Amendment: Pr1>of
of publication on notice of hearing to consider!an
amendment to the Fiscal Year 2004 budget ~nd
City Manager recommending appro~al,
presented and read. Cline moved that the pr~of
and communication be received and filed.
Seconded by Connors. Motion carried 7-0. '
24
Regular Session, January 19, 2004
RESOLUTION No.
32-04
A RESOLU~ON AMENDING THE CURRENT BUDGET FOR THE FISCAL YEA, ENDING JUNE 30. 200'
(ASAMEHDEDLASTON 9/2/03 .)
..tt_olved by". CouneÐ"1be COy" OLOUOUE
Sed;oo ,. Fol_g ootiœP""'ohed 1/9/04
..d the p,blie heaMg he". 1/19/04 the ~,",rn b"'get(ns p<ev'o~Iy'rnendedl '..mended ns..to",
he.." ,,"", the de"" byfu,d type..d ..E"lyth"'"PP"ts tho ""o'"tio,whleh wns """'de"'" "th'!lh.."""
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"'nst,,,...ded
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Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Markham moved to reinstate the rules limiting
discussion to the Council. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
Highway 52 South - Request to Rezone
(Second Reading on 1/5/04); An Ordinance
Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property
located southeast of Highway 61i151 and
Highway 52 intersection from C-3 General
Commercial District to MHI Modified Heavy
Industrial District. with conditions, said
Ordinance having been presented and read at
the Council Meetings of 12/15/03 and 1/5104,
now presented for final action.
OFFICIAL PUBLICATION
ORDINANCE NO, 5-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
SOUTHEAST OF HIGHWAY 61/151 AND
HIGHWAY 52 INTERSECTION FROM C-3
GENERAL COMMERCIAL DISTRICT TO MHI
MODIFIED HEAVY INDUSTRIAL DISTRICT,
WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances Is hereby amended by reclassifying
the hereinafter-described property from C-3
General Commercial District to MHI Modified
Heavy Industrial District, with conditions, as
Regular Session, January 19, 2004
25
shown in Exhibit 1, and to the centerline of the
adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 19'" day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Memorandum of Agreement
Pursuant to the Iowa Code Section 414.5
(2001), and as an express condition of rezoning
of the property described in Exhibit 1, and to the
center line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa, which is the
subject of Ordinance No. 005-04, a copy of
which is attached hereto and incorporated
herein by reference, the undersigned property
owner, agree to the following conditions, all of
which the property owner further agrees are
reasonable and are imposed to satisfy public
needs which are caused directly by the
rezoning:
A) Conditions: The following conditions shall
apply to the subject property:
1) The following permitted uses shall be
allowed in this MHI Modified Heavy Industrial
District:
(a) Railroads and public or quasi-public
utilities, including substations - [7]
(b) General offices - [47]
(c) Medicalldentallab - [8]
(d) Personai services - [14]
(e) Off-street parking lot- [n/a]
(I) Gas station - [18]
(g) Bakery (wholesale/commercial) - [19]
(h) Indoor restaurant - [20]
(i) Drive-in/carry-out restaurant - [28]
m Barltavern - [20]
(k) Automated gas station - [18]
(I) Service station - [21]
(m)Drive-up automated bank teller - [8]
(n) Self-service car wash - [8]
(0) Animal hospitaVclinic - [23]
(p) Furniture upholstery/repair- [18]
(q) Business services - [29]
(r ) Banks, savings and loans, and credit
unions - [31]
(s) Vendinglgame machines saleslservice -
[19]
(t) Indoor recreation facilities - [37]
(u) Mail order houses - [23]
(v) Lumberyardslbuilding materials sales -
[19]
(w) Construction supplies, sales and service
-[19]
(y) Printing and publishing - [32]
(z) Movinglstorage facilities - [33]
(aa) Full-service carwash - [8]
(bb) Auto service centers - [34]
(cc) Auto sales and services - [38J
(dd) Auto repair/body shop - [35]
(ee) Truck sales, service and repair - [39]
(ff) Farm implement sales, service and repair
-[39]
(gg) Auto partsisuppiy - [7]
(hh) Mobile home sales - [40J
(Ii) Motorcycle saleslservice - [41]
on Boat saleslservice - [40]
(kk) Recreation vehicle saleslservice - [38]
(II) Vehicle rental- [47]
(mm) Upholstery shop - [42]
(nn) Parking structure - [nia]
(00) Contractor's shoplyard - [33
(pp) Wholesalesales/distributor-[29J
(qq) Agriculturalsupplysales-[19]
(rr) Laboratories for research or engineering
-[33]
(ss) Manufacture or assembiy of musiCal
instruments, toys, watches or clocks, medical,
dental, optical or similar scientific instruments;
orthopedic or medical appliances, signs or
billboard - [33].
(tt) Concrete batch mix plant- [33]
[ J Parking group - See Section 4-2 of this
Ordinance.
2) Install a six (6) foot high chain link fence
along the west property line from the entrance to
the point where the topography drops off.
3) Plant arborvitae screening adjacent to the
adjoining mobile home park. Arborvitae shali be
between three (3) and four (4) feet tali at
planting and be spaced four (4) feet apart.
4) That the existing left turn lane on Highway
52 be extended subject to submittal of the final
plan design to the IDOT for review and approval.
B) Reclassification of the Subiect ProDertv. The
City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the C-3 General
Commercial District (which rezoning will include
the removal of the performance standards .in
Section A above) if the property owner fails ,to
complete any of the conditions or provisions of
this Agreement.
C) Modifications. Any modifications of tt¡is
Agreement shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recordino. A copy of this Agreement shall
be recorded with the Dubuque County Recorder
as a permanent record of the conditions
accepted as part of this rezoning approval within
thirty (30) days of the adoption of Ordinance No.
005-04.
E) Construction. This Agreement shall be
construed and interpreted as though it were part
26
Regular Session, January 19, 2004
of Appendix A of the Code of Ordinances of the
City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the
undersigned and hislher heirs, successor and
assignees.
Acceptance of Ordinance No. 5-04
I, Dennis J. Thier, representing BARDIApex
Concrete, the Buyer, having read the terms and
conditions of the foregoing Ordinance No. 5-04
and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated this 17th day of January 2004.
Is! Dennis J. Thier, President
BARDIApex Concrete
Acceptance of Ordinance No. 5-04
I, Dan Mueller, representing Dubuque
Southgate Investments, Ltd., property owner,
having read the terms and conditions of the
foregoing Ordinance No. 5-04 and being familiar
with the conditions thereof, hereby accept this
same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 17'" day of
January 2004.
Isl Dan Mueller
Dubuque Southgate Investments, Inc.
Pubiished officially in the Telegraph Herald
newspaper this 26th day of January, 2004.
Jeanne F. Schneider, City Clerk
1t 1/26
Communication from the Dubuque County
Board of Supervisors requesting that action on
this item be tabled until the appropriate Iowa
Department of Transportation studies are
completed and an IDOT public hearing has been
held; Copy of communication from the Dubuque
County Board of Supervisors to Richard E.
Kautz, Iowa Department of Transportation,
requesting the Iowa Department of
Transportation initiate a traffic study on Highway
151/61; Communication from Garold Williams,
11126 Hwy 52 South, regarding slow moving
concrete trucks; Communication from Richard
Kaufman regarding the third reading and vote on
the Apex Concrete rezoning request;
Communication from Richard Kautz, Iowa
Department of Transportation, regarding the
Highway 151/61 intersection; Communication
from John M. McDonald III in opposition to the
proposed rezoning, presented and read.
Michalski moved to table action on this item.
Seconded by Cline. Motion failed due to
following vote: Yeas-Cline, Michalski. Nays-
Buol, Connors, Duggan, Markham, Nicholson.
Buoi moved to receive and file the
communications and moved final consideration
and passage of the Ordinance. Seconded by
Connors. Carried by the following vote: Yeas-
Buol, Connors, Duggan, Markham, Nicholson.
Nays-Cline, Michalski.
Carnegie Stout Public Library Annual Report:
Library Director Susan Henricks to present the
Carnegie Stout Public Library Annual Report.
Ms. Henricks spoke and presented an overview
of the Library activities of the last year. Markham
requested a more regular update of the Library's
activities. Buol moved that the report be
received and filed. Seconded by Markham.
Motion carried 7-0.
Police Department Towing Contract; City
Manager recommending that the Fiscal Year
2003 - 2006 Towing Contract for the Dubuque
Police Department be awarded to Wenzel
Towing, presented and read. Buol moved that
the communication be received and filed and
approved recommendation to award contract to
Wenzel towing. Seconded by Michalski. Motion
carried by the following vote; Yeas-Buol,
Cline, Connors, Markham, Michalski, Nicholson.
Nays-Duggan.
Marie Steve spoke in opposition to awarding
the contract to Wenzel Towing.
Adams Company - General Obligation Capital
Loan Note: City Manager recommending
approval to purchase a $500,000 General
Obligation Loan Note from American Trust and
Savings Bank to assist the Adams Company
with their relocation to the Dubuque Industrial
Center West, presented and read. Markham
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 33-04
RESOLUTION DIRECTING THE ACCEPT-
ANCE OF A PROPOSAL TO PURCHASE
$500,000 GENERAL OBLIGATION CAPITAL
LOAN NOTES
WHEREAS, the City of Dubuque, in the
County of Dubuque, State of Iowa, sometimes
hereinafter referred to as the City, is a municipal
corporation duly incorporated, organized and
existing under and by virtue of the Constitution
and laws of the State of Iowa; and
WHEREAS, it is deemed necessary that the
City should enter into a Loan Agreement and
borrow the amount of $500,000 as authorized by
Sections 384.24A and 384.25, Code of Iowa, as
amended, for the purposes of paying costs of
aiding in the planning, undertaking and carrying
out of urban renewal project activities under the
authority of Chapter 403 of the Iowa Code and
the Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center
Economic Development District, including those
costs associated with the funding of an
economic development grant to the Adams
Company under the Development Agreement
dated May 19, 2003 between the City and said
developer; and
Regular Session, January 19, 2004
27
WHEREAS, proposals have been requested
and received from financial institutions offering
to enter into such Loan Agreement; and
WHEREAS, after a review of all the proposals
received, it has been determined that the best
and most favorable proposal is that of American
Trust and Savings Bank; and
WHEREAS, it is the intention of this Council to
enter into a Loan Agreement in accordance with
said proposal.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
accept the attached proposal of American Trust
and Savings Bank, of Dubuque, Iowa, and takes
additional action to permit the entering into of a
Loan Agreement.
Section 2. The Mayor and City Clerk are
authorized and directed to proceed on behalf of
the City to acknowledge the acceptance of said
proposal, to negotiate the final terms of a Loan
Agreement, to take all action necessary to
permit the entering into of a Loan Agreement on
a basis favorable to the City and acceptable to
the Council, and to proceed to meet the
conditions of this accepted proposal.
Passed, approved and adopted this 19th day of
January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Ridgeway Park Subdivision - Final Plat: City
Manager recommending approval of the final
plat of Ridgeway Park Subdivision in Dubuque
County, Iowa as requested by Randy Hefel,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 34-04
RESOLUTION APPROVING THE FINAL PLAT
OF RIDGEWAY PARK SUBDIVISION IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Ridgeway Park Subdivision;
and
Whereas, the final plat has been examined by
the Zoning Advisory Commission and has its
approval endorsed thereon, with the waiver of
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except for
Section 42-19, Blocks and Lots and provision of
a storm water detention basin; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42.19, Blocks and Lots, and that a storm water
detention basin be constructed and maintained
as part of Ridgeway Park Subdivision.
Section 2. That the final plat of Ridgeway Park
Subdivision is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
a) To construct a storm water detention facility,
in accordance with improvement plans sigr\ed
on December 18, 2003 approved by the City
Engineer and with a Letter of Certification filed
with the City Clerk of the City of Dubuque from a
professional engineer stating that the detention
facility was constructed in accordance with said
approved plans prior to two (2) years from the
date of acceptance of this resolution.
b) To maintain the detention facility constructed
as part of Ridgeway Park Subdivision until such
time as a property owners' association is formed
and is responsible for maintenance of the
detention facility.
Section 3. That in the event Randy Hefel fails
to execute the acceptance within 180 days after
the date of this Resolution, the provisions hereof
shall be null and void and the approval of the
plat shall not be effective.
Passed, approved and adopted this 19th day of
January 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Renaming of Aggie Street: Zoning Advisory
Commission recommending that the name of
Aggie Street be changed to Oak Park Place at
the request of the City of Dubuque, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
An Ordinance renaming the street currently
named Aggie Street to Oak Park Place,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 6-04
AN ORDINANCE RENAMING THE STREET
CURRENTLY NAMED AGGIE STREET TO
OAK PARK PLACE.
Whereas, the City Council desires to rename
Aggie Street to correspond to the requested
name of the extension of said roadway; and
28
Regular Session, January 19, 2004
Whereas, the sole property owner on the
existing Aggie Street has consented to the
proposed change in wrtting; and
Whereas, the request has been reviewed by
the Emergency 911 Committee; and
Whereas, the City Council desires to rename
the current Aggie Street as Oak Park Place.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the street currently known as
Aggie Street be renamed Oak Park Place.
Section 2. The foregoing street name change
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon
such street name, and to file notice of the
renaming of said street with the Recorder,
Auditor and City Assessor of Dubuque County,
Iowa.
Passed, approved and adopted this 19th day
of January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26th day of January, 2004.
Jeanne F. Schneider, City Clerk
11 1/26
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Fiscal Year 2005 Budget Transmittal: City
Manager presenting the Fiscal Year 2005
Annual Operating Budget and Capital
Improvement Program Budget, presented and
read. City Manager Van Milligen spoke and
presented specifics of the FY 2005 budget. Cline
moved that the communications be received and
filed. Seconded by Michalski. Motion carried 7-
O.
COUNCIL MEMBER REPORTS
Markham complimented the City Manager for
the City Manager of the Year award, which is a
prestigious recognition for Dubuque.
Michalski and Cline shared information about
their talk to the Girl Scouts and the interesting
City items and facts they shared.
There being no further business, Connors
moved to adjourn. Seconded by Michalski.
Motion carried 7-0. The meeting adjourned at
4:46 P.M.
1t 1/28
Is! Jeanne F. Schneider, CMC
City Clerk
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
Special Session, January 26, 2004
29
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Monday,
January 26, 2004
Council met in special session at 6:30 P.M. in
the Public Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson; City Manager Van Milligen,
Corporation Counsel Lindahl.
Also present: Library Board President Tully,
Board Members Shubatt, Smith, Strom, Tully,
Avery, Library Director Henricks
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of meeting with the Carnegie Stout
Public Library Board of Trustees.
Library Director Susan Henricks and Board
President Tom Tully reviewed the proposed
renovation plans for the Library. The estimated
cost of the project is $4.2 million and would
require the addition of a minimum of 2.5 FTE for
staffing. Various funding alternatives were
discussed, including the possibility of an annual
fund drive.
There was consensus by the Council that the
project would need to be considered a priority of
the City Council in order to compete with other
City projects. Council aiso gave direction that
the Library Board would need to determine what
the citizens want and to build community support
for the project.
The City Council requested that the Library
Board keep them informed of what is going on at
the Library in a timely manner. The Board
President responded that Council would be
receiving a one-page monthly update from the
Board in addition to the regular meeting minutes.
There being no further business, Michalski
moved to adjourn. Seconded by Nicholson.
Motion carried 7-0. The special session
adjourned at 7:33 p.m.
11 2/4
Is/ Jeanne F. Schneider, CMC
City Clerk
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk