The URL can be used to link to this page

2004 July Council Proceedings Regular Session, July 6, 2004 245 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, July 6,2004 Council met In Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl Absent: City Manager Van Milligen 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 Jerry E. Oakland, Pastor of SI. Luke's United Methodist Church Prociamations: Apples for Students (June and July, 2004) received by Sister Inez Turnmeyer; Grand Excursion 2004 received by Sue Czeshinski. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 6/9 and 6/21; Building Code Board of Appeals of 6/28; Cable TV Teleprogramming Commission of 6/1; City Council of 6/21 and 6/29; Civil Service Commission of 5/19; Community Development Advisory Commission of 6/9; Housing Commission of 5/25, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Carnegie Stout Public Library Update from meetings of May 27, 2004 and June 24, 2004, presented and read. Buol moved that the update be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Proceedings of June 7, 2004 an.d List of Claims and Summary of Revenues for month ending May 31, 2004 (on file in City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Arlene Bovee for vehicle damage; Craig Christ vs. City of Dubuque for property damage; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Rick D. Mueller for vehicle damage; Amanda Schaver for vehicle damage; Nancy Williams for personal injury; Wells Fargo Bank vs. City of Dubuque, et ai, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. 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: Arlene Bovee for vehicle damage; Timothy G. Ciark for personal injury; James Fuerstenberg for personal injury; Martha L. Mills for personal injury; Amanda Schaver for vehicle damage; Nancy L. Williams for personal injury, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Dale Hefel 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 the proper check. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development congratulating the City on the successful completion of the Community Economic Betterment Account (CEBA) Project with Trilog, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Iowa Department of Public Health Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association: City Manager recommending approval of a contract with Dubuque County Board of Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Visiting Nurse Association for services related to the CLPPP, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 268-04 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE DUBUQUE COUNTY BOARD OF HEALTH AND AN AGREEMENT WITH THE DUBUQUE VISITING NURSE ASSOCIATION 246 Regular Session, July 6, 2004 Whereas, the City of Dubuque has established such a local childhood lead poisoning prevention program; and Whereas, the Iowa Department of Public Health has offered to provide financial support for activities relating to the local childhood lead poisoning prevention program in Dubuque County; and Whereas, the City of Dubuque will provide environmental and medical case management of identified lead poisoned children in addition to community outreach and education on the problem of childhood lead poisoning; and Whereas, the City of Dubuque must provide medical case management for all lead poisoned children in the city, and provide community outreach and education; and Whereas, the City of Dubuque will enter into an agreement with the Dubuque Visiting Nurse Association to provide medical case management of lead poisoned children and conduct community outreach and education for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the City of Dubuque, Iowa hereby approves the attached contract between the Dubuque County Board of Health and the City of Dubuque, Iowa. Section 2.That the attached Memorandum of Understanding by and between the City of Dubuque, Iowa and the Dubuque Visiting Nurse Association is hereby approved. Section 3. That the City Manager or his designee is hereby authorized and directed to execute said contract and agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Interagency Agreement Between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County: City Manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, presented and read. Buol moved that the communication be received and filed and approved agreement. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Transportation Agreement: City Manager recommending approval of an agreement with the Iowa Department of Transportation for the preliminary design of Iowa Highway 32 (Southwest Arterial), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 269-04 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE PRELIMINARY DESIGN OF IOWA HIGHWAY 32 (SOUTHWEST ARTERIAL) Whereas, the City of Dubuque (City) will be the lead public agency responsible for the administration of the Preliminary Design Phase for improvement to Iowa Highway 32 (Southwest Arterial) which will include a proposed four-lane freeway and an interim two-lane highway on a new alignment between U.S. Hwy 61/151 and U.S. Hwy 20; and Whereas, the City in partnership with Dubuque County (County), the Iowa Department of Transportation and the Federal Highway Administration (FHW A), secured a Transportation Equity Act for the 21st Century (TEA-21) Surface Transportation Program (STP) Grant (Project No. STP-U-2100 (634)--70-31) which will finance the Consultant Preliminary Design for improvement to Iowa Highway 32 (Southwest Arterial). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement (Agreement No. 6-03-STPU-43) for Transportation Equity Act for the 21 st Century (TEA-21) Surface Transportation Program (STP) Grant (Project No. STP-U-2100 (634)--70-31), between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of said Agreement (Agreement No. 6-03-STPU-43) for Transportation Equity Act for the 21st Century (TEA-21) Surface Transportation Program (STP) Grant (Project No. STP-U-2100 (634)--70-31), between the City of Dubuque and the Iowa Department of Transportation. Passed, adopted and approved this 61h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Collective Bargaining Agreement with the International Union of Operating Engineers: City Manager recommending approval of a three- year agreement with the International Union of Operating Engineers, Local #758, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, July 6, 2004 247 RESOLUTION NO. 270-04 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHOR- IZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758, is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Service Agreement with TRICOR Safety Consulting: City Manager recommending approval of an agreement with TRICOR Safety Consulting Services to provide hazardous communication training and to develop an emergency action plan for the Operations and Maintenance Department, presented and read. Buol moved that the communication be received and filed and approved agreement. Seconded by Nicholson. Motion carried 7-0. Letter of Understanding Dubuque Professional Firefighters' Association: City Manager recommending approval of a Letter of Understanding with the Firefighters' Association to provide payroll deduction services for the FIREPAC Check-Off Program, presented and read. Buol moved that the communication be received and filed and approved recom- mendation. Seconded by Nicholson. Motion carried 7-0. City Manager Employment Agreement: Submittal of the Thirteenth Amendment to the City Manager's Employment Agreement for approval, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. upon motion received and filed and approved recommendation. Civil Service Commission: Civil Service Commission submitting the certified iist for the position of Poi ice Officer, presented and read. June 17, 2004 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Police Officer was given on May 1, 2004. We hereby certify that the individuals listed on the attached sheet have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Respectfully submitted, Is/ Richard Wertzberger, Chairperson /sl Loras Kluesner Civil Service Commission POLICE OFFICER Brian Wullweber Angela Updegraff Michael McTague Michael Hernandez Theodore Jacobsen Shane Conner Benjamin Kamm Keith Gednaiski Keith Albert Craig Salmonson Nicholas Heintz Steve Begle Clay Haan Trevor Spear Nicholas Schlosser Daniel Furlong Jennifer Faber Ryan Chatfield Bryan Smith David Welsh David Kaiser Erich Schaul Jeffrey Bellis Mark Lorenzen Benjamin Roberts John Gieason David Arthur Terry Gisi Matthew Nankee William Stampfli Eric Jannusch David Miller David Blondin Dane Cox Diana Jacobson Nathan Personett Cory Hogan Oliver Koch Brooke Huberty Buol moved that the above certification be made a matter of record. Seconded by Nicholson. Motion carried 7-0. Community Development Block Grant (CDBG) Agreement: City Manager recommending approval of a Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1.481,000 for the program year beginning July 1, 2004 and ending June 30, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 248 Regular Session, July 6, 2004 RESOLUTION NO. 271-04 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, under provIsions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1.481,000 for a twelve month program year commencing July 1, 2004 and ending June 30, 2005; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development on July 1, 2004 for a Community Development Block Grant to the City of Dubuque In the amount of $1.481,000 and identified as Grant Number B-04-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Hy-Vee: Communication from Hy-Vee requesting to purchase a portion of Railroad Avenue between Harrison Street and West Locust Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Business License Transfer: Request of the DUbuque County Historical Society to transfer their liquor license to the Taste of Dubuque site on August 4, 2004, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 272-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 2 RENEWALS Jym's Bar Jymie Lyons 1700 Central Av Midway Hotel/Hoffman House WCB Hotels, Inc 3100 DOdge St Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Buol moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 273-04 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) Dubuque Jaycees Dubuque Jaycees (Tent A) Main St-Town Clock Dubuque Jaycees Dubuque Jaycees (Tent B) Main St-Town Clock Dubuque Jaycees Dubuque Jaycees (Tent C) Main St - Town Clock CLASS "C" BEER PERMIT LB Metcalf, Inc. Cedar Cross Amoco+ (Sunday Sale) 1200 Cedar Cross Rd Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 274-04 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 Regular Session, July 6, 2004 249 relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be Issued the following named applicants a Liquor License. CLASS "C" BEER/liQUOR liCENSE Toreros Corp Toreros + (Sunday Sale) 4031 Pennsylvania Curtis Gerhard Knicker's Saloon + (Sunday Sale) 2186 Central Av Craig Weiner Walnut Tap + (Sunday Sale) 709 University Av Plastic Center, Inc. Fischer Lanes + (Sunday Sale) 880 Locust St Diamond Jo, Inc Diamond Jo Casino Portside+ (Sunday/Outdoor Sale) 400 E. Third Melvin Spiegelhalter Clubhouse + (One Day Outdoor Sale) 2364 Washington CLASS "B" NATIVE WINE PERMIT Mildred Dolter Basket Expressions 474 Bluff St CLASS "E" liQUOR Hy-Vee Inc Hy-Vee # 1 (Outdoor Sale) 3500 Dodge St Hy-Vee, Inc Hy-Vee # 2 (Outdoor Sale) 2395 NW Arterial Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. BOARDSICOMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Five Fiags Civic Center Commission (One three-year unexpired term which will expire 6/29/06; Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke, Brannon) Applicants: Rod Bakke, Michael P. Brannon Rod Bakke spoke requesting consideration for reappointment. Appointments to the following Commissions: Historic Preservation Commission (Two three- year terms which will expire 7/1/07 [Jackson Park District - term of Bichell and West 11th District - Term of Whalen]; One unexpired three year term through 7/1/05) Applicants: David Stuart for Jackson Park Timothy Goen and John Whalen for West 11th Street. Vote for the W. 11th Street term: Buol voted for Whalen; Cline voted for Whalen; Connors voted for Goen; Duggan voted for Whalen; Markham voted for Whalen; Michalski voted for Whalen; Nicholson voted for Whaien. Therefore, John Whalen was reappointed to the Historic Preservation Commission to represent the W. 11th Street District for a three year term that will expire 7/1/07. Michalski moved that David Stuart be appointed for the Jackson Park District. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. There- fore, David Stuart appointed representing the Jackson Park District for a three year term that will expire 7/1/07. Investment Oversight Commission (Two three- year terms which will expire 7/1/07) Applicants: Stephen Reisdorf; Gary Ruden Markham moved that Stephen Reisdorf and Gary Ruden be reappointed to three year terms that will expire 7/1/07. Seconded by Buol. Motion carried 7-0. Zoning Advisory Commission (Two three-year terms which will expire 7/1/07) Applicants: Eugene Bird, Jeff Stiles Markham moved that Eugene Bird and Jeff Stiles be reappointed to three year terms that will expire 7/1/07. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved to suspend the rules to allow anyone present to speak if they so desire. Seconded by Cline. Motion carried 7-0. Bianche Avenue - Request to Vacate: Proof of publication on notice of hearing to consider a request from John M. Lanser and Jean M. Mastin to vacate and purchase a portion of Blanche Avenue from Vivian Avenue west 250 feet and City Manager recommending approval, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. John Lanser spoke in favor of the proposed vacation and purchase. RESOLUTION NO. 275-04 RESOLUTION APPROVING PLAT OF PROPOSED VACATED BLANCHE AVENUE FROM VIVIAN AVENUE WEST 250 FEET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 10, 2004 prepared by IIW Engineering & Surveyors, Inc., describing the proposed vacated portion of Blanche Avenue from Vivian Avenue west 250 feet; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 250 Regular Session, July 6, 2004 Section 1. That the plat dated June 10, 2004 prepared by IIW Engineering & Surveyors, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Cierk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque CountYh Iowa. Passed, approved and adopted this 6' day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. An Ordinance vacating Blanche Avenue from Vivian Avenue west 250 feet, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 46-04 ORDINANCE VACATING BLANCHE AVENUE FROM VIVIAN AVENUE WEST 250 FEET Whereas, John M. Lanser and Jean M. Mastin have requested the vacating of Blanche Avenue from Vivian Avenue west 250 feet; and Whereas, IIW Engineers & Surveyors, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Blanche Avenue from Vivian Avenue west 250 feet and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Blanche Avenue from Vivian Avenue west 250 feet is no longer required for publiC use, and vacating of said portions of Blanche Avenue from Vivian Avenue west 250 feet known as Lot 136A of Mapie Leaf Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 136A of Maple Leaf Addition in the City of Dubuque, iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of July, 2004 Jeanne F. Schneider, City Clerk 1t 7/12 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 276-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 136A OF MAPLE LEAF ADDITION 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 the 25'h day of June, 2004, the City Council of the City of Dubuque, Iowa met on the 6'h day of July, 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 136A OF MAPLE LEAF ADDITION 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 136A OF MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA in the City of Dubuque, Iowa to John M. Lanser and Jean M. Mastin be and the same is hereby approved for the sum of the cost of surveying and platting plus cost of publication, and filing fees of $100.00. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to John M. Lanser and Jean M. Mastin upon receipt of the purchase price In full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and DUbuque County Auditor. Passed, approved and adopted this 6'h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Lease Agreement - Dubuque Casino Hotel, LLC: Proof of publication on notice of hearing to Regular Session, July 6, 2004 251 consider a lease agreement and parking use agreement between the City of Dubuque and DUbuque Casino Hotel, LLC for the lease of property adjacent to Dubuque Greyhound Park and Casino and City Manager recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 6-0 with Mayor Duggan abstaining. Tom Luksetich, Dubuque Casino Hotel, LLC; Bob Pace, Central Group Development Company of SI. Cloud, MN; and Bruce Wentworth, Dubuque Greyhound Park and Casino, spoke in support of the lease agreement and parking use agreement. RESOLUTION NO. 277-04 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AND PARKING USE AGREEMENT WITH DUBUQUE CASINO HOTEL, L.L.C. WHEREAS, the City of Dubuque, Iowa (City) owns certain real property described in the Lease Agreement and Parking Use Agreement attached hereto known as Dubuque Greyhound Park and Casino; and WHEREAS, City and Dubuque Casino Hotel, L.L.C., an Iowa limited liability company (DC H), have negotiated the Lease Agreement for a parcel of property shown therein and the Parking Use Agreement for part of the property also shown therein; and WHEREAS, on July 6, 2004, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and WHEREAS, the City Council believes II is In the best interests of the City of Dubuque to approve the Lease Agreement and Parking Use Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Lease Agreement and Parking Use Agreement between the City of Dubuque and Dubuque Casino Hotel, L.L.C. Section 2. Mayor is hereby authorized and directed to sign this Resolution and the Lease Agreement and Parking Use Agreement on beha~ of the City of Dubuque. Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0 with Mayor Duggan abstaining. Michalski moved to reinstate the rules limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Citizen Request: Request of John Osterhaus, 2530 Elm Street, to address the Council regarding junk in the yard at 2524 Elm Street. John Osterhaus distributed pictures of the residence at 2524 Elm Street. Nicholson moved that the communication and pictures be received and filed and directed that Mr. Osterhaus' pictures be forwarded to the City Manager for review. Seconded by Michaiski. Motion carried 7-0. Citizen Communication: Communication from Tana Tigges, P.C.S., requesting to address the Council regarding the City's ordinance on tattooing. Tana Tigges, P.C.S., 3561 Key Corners, spoke requesting the City consider an allowance regarding the ordinance pertaining to tattooing and that she be allowed to practice cosmetic tattooing in the City. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Dubuque Main Street, Ltd.: Communication from Bob Felderman, President of Dubuque Main Street, Ltd., requesting reappointment of Council Member Ann Michalski to the Main Street Board of Directors, presented and read. Markham moved that the communication be received and filed and reappointed Ann Michaiski. Seconded by Connors. Motion carried 7-0. Fifth and Bell Street Signage: City Manager recommending approval of the installation of stop signs for east and west traffic on Fifth Street and that Bell Street traffic be allowed to proceed without any stop or yield signs, presented and read. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32- 214 thereof providing for the addition of stop signs on East Fifth Street; Ordinance Amending the Code of Ordinances of the City of Dubuque, iowa by modifying Subsection (b) of Section 32- 214 thereof providing for the deietion of stop signs at the intersection of East Fifth Street and Bell Street and Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the intersection of East Fifth Street and Bell Street, presented and read. 252 Regular Session, July 6, 2004 Michalski moved to table action on the Ordinances and direct staff to further review the issue. Seconded by Nicholson. Motion failed due to the following vote: Yeas-Connors, Michalski, Nicholson. Nays-Buol, Cline, Duggan, Markham. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Connors. Motion failed due to the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham. Nays-Michalski, Nicholson. Buol moved that this be considered the first reading of the Ordinances. Seconded by Cline. Motion carried by the following vote: Yeas- Buol, Cline, Connors, Duggan, Markham, Michaiski. Nays-Nicholson. COUNCIL MEMBER REPORTS Nicholson offered sincere thanks for the great effort expended by all for the successful Grand Excursion celebration. Buol expressed appreciation to the individuals and organizations responsibie for the fireworks on Juiy 3''- There being no further business, Michaiski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjoumed at 7:21 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 7/14 2004 Regular Session, July 19, 2004 253 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, July 19, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager 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 Pastor Jon Peach, Hope Evangelical Church Proclamations: Dubuque County Fair Week (July 27 - August 1, 2004) received by Shannon Lundgren and United Way Campaign Time (August 10 - October 31, 2004) received by Doug Stillings. Minutes and Reports Submitted: City Council of 7/6; Civil Service Commission of 6/17; Environmental Stewardship Advisory Commission of 7/6; Historic Preservation Commission of 6/17; Library Board of 5/27; Park and Recreation Commission of 6/8; Zoning Advisory Commission of 7/7 and Zoning Board of Adjustment of 6/24, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Proceedings of 6/21 and 6/29 (On file in the City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed Council Proceedings for April 2004, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Nicholson. Motion carried 7-0. Finance Director submitting the City of Dubuque Financial Reports for the month ending June 30, 2004 (on file in the City Clerk's Office), presented and read. Buol moved that the communication and reports be received and filed. Seconded by Nicholson. Motion carried 7- O. Notice of Claims/Suits: Country Springs Condo Homeowners Association for property damage; Edwards Concrete Contractors, Inc. vs. City of Dubuque; Henry and Maryjo Haas, Jr. 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 Nicholson. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rick D. Mueller for vehicie damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Rita R. Stevenson for vehicle damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and concurred and directed Finance Department to issue payment. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Lead Mechanic and Firefighter, presented and read. July 8, 2004 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Lead Mechanic was given on June 17,2004. We hereby certify that the individuals listed below have passed the written examination for this position and the appointments for vacancies should be made from this list and that this list is good for two (2) years from above date. LEAD MECHANIC John Zenner Paul Henman Steven Kraft Steven Kelly Mark Neyens Respectfully submitted, /sl Richard Wertzberger, Chairperson Is/ Loras Kluesner Isl Merle Duehr Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record. Seconded by Nicholson. Motion carried 7-0. July 8, 2004 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Firefighter was given on April 26, 2004. We hereby certify that the individuais listed below 254 Regular Session, July 19, 2004 have passed this written examination and the appointments for this position should be made from this list and that this iist is good for two (2) years from above date. FIREFIGHTER Julie M. Brimeyer Adam P. Feyen Robert D. Guerdet Joshua C. Knepper Michael J. Kuhn Jonathan D. Lombardi Nathan Milier Eric P. Nybeck Joseph P. Schmieder Mike R. Scholienberger Taylor R. Slapinski Susanna Duggan Martin R. Fitzpatrick Brian P. Hartiep Scott A. Krantz Thomas J. Lange Michael E. Lynch Jami K. Mundell Derek L. Paulson Jeffrey M. Schmitt Jason W. Simmons Christopher D. Ward Craig A. Enke Grant D. Gaumer Adam G. Kahler Brad L. Kruse Jason D. Link Brian J. McAuliffe Marvin L. Ney Jennifer M. Radl Greg F. Schuster Eric J. Sisler Matthew G. Wright Respectfuliy submitted, Isl Richard Wertzberger, Chairperson Isl Loras Kluesner Isl Merle Duehr Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record. Seconded by Nicholson. Motion carried 7-0. Mediacom: Mediacom 2003 Annuai Report (on file in the City Clerk's Office), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Economic Development - City Development Board: Communication from Steven R. McCann, City Deveiopment Board Administrator, submitting the Findings of Fact and Conclusions of Law and the Final Order filed by the City Development Board approving the voluntary annexation petition submitted by the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Plat of Survey - 3860 Asbury Road: Zoning Advisory Commission recommending approval of a simple plat to divide Lot 1 in Kitchen family properties located at 3860 Asbury Road as requested by David SchneiderlJames and Sharon Schneider, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 278-04 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 OF LOT 1 OF LOT 2 OF LOT 1 OF KITCHEN FAMILY PROPERTIES IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 of Lot 1 of Lot 2 of Lot 1 of Kitchen Family Properties in the City of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 1 of Lot 1, where 50 feet of frontage is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it confirms to the statutes and ordinances thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to aliow Lot 1 of Lot 1 to have 0 feet of lot frontage, where 50 feet is required. Section 2. That the Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Kitchen Family Properties is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 19th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Scoring of Certified Local Government (CLG) Grant Applications: Historic Preservation Commission recommending that the City Council support the proposed scoring process submitted by the State Historical Society of Iowa for Certified Local Government (CLG) Grant applications, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Establishment of Fair Market Value: City Manager recommending establishment of the Fair Market Value for a portion of the property currently owned by Charies R. and Beverly Pulien at 19299 Riverside Road for wetlands mitigation in connection with the University Avenue extension project, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. Regular Session, July 19, 2004 255 RESOLUTION NO. 279-04 ESTABLISHING THE FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY OWNED BY CHARLES R. & BEVERLY PULLEN IN THE CITY OF DUBUQUE, IOWA FOR WETLANDS LITIGATIONS IN CONNECTION WITH THE UNIVERSITY AVENUE EXTENSION PROJECT Whereas, the City of Dubuque (City) has entered into an agreement with the Iowa Department of Transportation for the University Avenue Extension Project (the Project); and Whereas, the City intends to acquire certain real property owned by Charles R. and Beverly Pullen (Owners) legally described as follows (the Property): A Part of Government Lot 215 and adjacent roadways in the Town of Peru, Dubuque County, Iowa, containing 2.81 acres, according to the acquisition plat thereof. as shown on Attachment A for wetlands mitigation; and Whereas, the City may not make an offer to purchase the Property which is less than the fair market value the City has established for the Property; and Whereas, the City has caused an appraisal of the Property to be made and the appraised value of the Property is $2,500; and Whereas, the City Council now desires to establish the fair market value of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the fair market value of the Property is hereby established to be $2,500. Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the Owners of the Property and any other interested parties for the purchase of the Property for a purchase price that is not less than the fair market value established by this resolution. Passed, adopted and approved this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Yacht Basin - Lease Assignment: City Manager recommending approval of the assignment of certain leases between the City of Dubuque and Dubuque Yacht Basin, Inc. from U.S. Bank to American Trust and Savings Bank, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 280-04 CONSENTING TO THE ASSIGNMENT OF CERTAtN LEASES BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE YACHT BASIN, INC. TO AMERICAN TRUST & SAVINGS BANK Whereas, the City of Dubuque, Iowa (City) has leased to Dubuque Yacht Basin, Inc., an Iowa corporation (Yacht Basin) certain real property located at 1630 E. 16'h Street, Dubuque, Iowa pursuant to lease agreements dated April 8, 1970, February 5, 1974, and November 23, 1987; and Whereas, American Trust & Savings Bank has agreed to lend Yacht Basin certain sums of money for the benefit of its business conducted upon the leased premises; and Whereas, Yacht Basin has requested that City consent to the assignments of the lease agreements to American Trust & Savings Bank as security for American Trust & Savings Bank's loans to Yacht Basin; and Whereas, the lease agreements, including all amendments, extensions and renewals, allow assignments of the leases by Yacht Basin with the consent City; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that it is In the best interests of the City to consent to such assignments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment of Real Estate Lease Agreement attached hereto by Dubuque Yacht Basin, inc. to American Trust & Savings Bank is hereby approved. Section 2. The Mayor is authorized and directed to sign said Assignment of Real Estate Lease Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 19'h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. US 52 Bridge Repair over Catfish Creek: City Manager recommending approval of an agreement between the City of Dubuque and the Iowa Department of Transportation for repairs to the US 52 bridge over Catfish Creek, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 281-04 RESOLUTION APPROVING THE AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR REPAIRS TO US 52 BRIDGE OVER CATFISH CREEK (STPN-52-2 (92--2J-31) 256 Regular Session, July 19, 2004 Whereas, the City of Dubuque and the Iowa Department of Transportation propose to repair the US 52 Bridge Over Catfish Creek; and Whereas, the Iowa Department of Transportation has prepared an agreement between the City of Dubuque and the iowa Department of Transportation to repair the north berm of the combined US 52/US 61/US 151 bridge that spans Catfish Creek, the Canadian Central Raiiroad, and Mar Jo Hills Road within the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement STPN-52-2(92- -2J-31) between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement between the City of Dubuque and the Iowa Department of Transportation. Passed, adopted and approved this 191h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. Port of Dubuque Sign and Landscaping Project Acceptance: City Manager recommending acceptance of the Port of Dubuque Sign and Landscaping Project as completed by Portzen Construction, Inc., in the final contract amount of $78,416.70, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 282-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Port of Dubuque Sign & Landscaping Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Vision Iowa budget, the City's CIP under Amenities, and Wall Street Access budget in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 191h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nlchoison. Motion carried 7-0. RESOLUTION NO. 283-04 FINAL ESTIMATE Whereas, the contract for the Port of Dubuque Sign & Landscaping Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said Improvement is hereby determined to be $85,087.49 and the said amounts shall be paid from the Vision Iowa budget, the City's CIP under Amenities, and the Wall Street Access budget of the City of Dubuque, Iowa. Passed, approved and adopted this 191h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Holliday Third Addition - Temporary Access: City Manager recommending approval of a request from Tom Larson of Buesing and Associates, representing McDermott Excavating, to construct a temporary access on the Northwest Arterial for construction of improvements to Holliday Third Addition located immediately west of the Northwest Arterial and 1,500 feet south of Asbury Road, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Four Oaks Community Partnership (cp2) Grant - Subcontract Amendment: City Manager recommending approval of an amendment to the subcontract for services for the Four Oaks Housing Education and Rehabiiitation Training (HEART) Program Community Partnership (cp2) grant, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 284-04 RESOLUTION AUTHORIZING FOUR OAKS INC TO AMEND THE SUBCONTRACT WITH THE FOUR MOUNDS FOUNDATION FOR THE HOUSING EDUCATION AND REHAB- ILITATION TRAINING PROGRAM (HEART) Regular Session, July 19, 2004 257 COMMUNITY PARTNERSHIP PROGRAM (cp2) GRANT Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds; and Whereas, A Community Partnership (cp2) grant was awarded to Four Oaks, Inc. in the amount of $36,000 for Fiscal Year 2004 and $30,000 for Fiscal Year 2005 by the City of Dubuque; and Whereas, the City Council approved on December 15, 2003 by Resolution No. 505-2003 the subcontract between Four Oaks, Inc. and the Four Mounds Foundation for the direct delivery of carpentry trades training services under the FY 2004 cp2 grant; and Whereas, Four Oaks, Inc. has selected to amend the subcontract with the Four Mounds Foundation to extend the subcontract to June 30, 2005 to provide for the direct delivery of carpentry trades training services under the FY 2005 cp2 grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby authorizes Four Oaks Inc to amend the subcontract with the Four Mounds Foundation for delivery of services for the Housing Education and Rehabilitation Training Program (HEART) Community Partnership (cp2) grants as stated in the attached Amendment to Subcontract for Performance Services. Passed, approved and adopted this 19th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Dubuque County Historical Society Subgrantee Agreement: City Manager recommending approval of a subgrantee agreement with the Dubuque County Historical Society for a Scenic Byways Grant to prepare Great River Road interpretive signs and a brochure, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 285-04 RESOLUTION APPROVING A SUB GRANTEE AGREEMENT AND CONTRACT FOR PRO- FESSIONAL SERVICES BETWEEN DUBUQUE COUNTY HISTORICAL SOCIETY AND CITY OF DUBUQUE FOR SCENIC BYWAYS PROJECT Whereas, the City of Dubuque has signed an agreement with the Iowa Department of Transportation for a Scenic Byways project for the Great River Road; and. Whereas, the City of Dubuque wishes to enter into a sub grantee agreement as a sponsor for the Scenic Byways project to administer the grant funding with the Dubuque County Historical Society; and Whereas, the City of Dubuque and the Dubuque County Historical Society wish to contract with Mission Creative to design Great River Road interpretive signs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council does hereby authorize the Mayor to sign the sub-grantee agreement between the Dubuque County Historical Society and the City of Dubuque for this project. Section 2. That the Mayor is hereby authorized to sign the agreement for professional services with Mission Creative and the Dubuque County Historical Society for this project in an amount not to exceed $8,500.00. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Iowa Health Buyers Alliance: City Manager recommending approval of the submittal of a letter in support of an application to be submitted by the Iowa Health Buyers Alliance to the Federal Mediation and Conciliation Service, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Public Street Standards: City Manager providing information on the City's specifications and standards for minimum thickness and composition for asphalt and concrete surfaces and advising that the Engineering Division will provide recommendations to the City Council within 90 days, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Seippel Road Water Main Extension Project: City Manager recommending acceptance of the Seippei Road Water Main Extension Project as compieted by W.C. Stewart Construction, Inc., in the final contract amount of $95,866.85, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 258 Regular Session, July 19, 2004 RESOLUTION NO. 286-04 ACCEPTING IMPROVEMENT Whereas, the Contract for the Seippel Road Water Main Extension Improvement Project has been completed and the City's Consultant I.I.W. Engineering of Dubuque, Iowa recommend acceptance of the project. 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 accepted. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Manager Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 287-04 FINAL ESTIMATE Whereas, the contract for the Seippel Road Water Main Extension Improvement Project has been completed and the City has submitted the final estimate showing the cost thereof. 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 $95,866.85 dollars. Section 2.That the final payment of $4,793.84 be paid to W.C. Stewart Construction, Inc. in accordance with State Statutes from funds in the Water Department's FY '04 CIP Budget. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Hall Annex Roof Replacement Project: City Manager recommending acceptance of the City Hall Annex Roof Replacement Project as completed by Giese Sheet Metal Company, Inc., in the final contract amount of $29,500, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 288-04 RESOLUTION ACCEPTING IMPROVEMENT Whereas, the contract for the Hall Annex Roof & Gutter Replacement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends the 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 is hereby directed to pay to the contractor from the General Fund and Cable TV Fund in amounts equal to the amount of his contract. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 289-04 FINAL ESTIMATE Whereas, the contract for the City Hall Annex Roof and Gutter Replacement Project has been completed and the Cable Franchise Administrator 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 $29,500 and the said amount shall be paid from the General Fund and Cable TV Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Confidentiality Agreement - Mediacom: City Manager recommending approval of the execution of a Confidentiality Agreement with Mediacom to enable City staff, consultants and attorneys to examine documents, maps and other records supplied which may contain Information the cable operator considers proprietary, presented and read. Buol moved that the communication be received and flied and approved recommendation. Seconded by Nicholson. Carried by the followin.g vote: Yeas-Buol, Connors, Duggan, Markham, Michalski, Nicholson. Nays-Gline. Environmental Stewardship Advisory Commission - Youth Position: Communication from Mary Rose Corrigan, Public Health Specialist, advising that she will be soliciting applications for the position of Youth Commissioner for the Environmental Regular Session, July 19, 2004 259 Stewardship Advisory Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Authorization to Sign Checks: City Manager recommending that selected SMG and City employees be authorized to sign checks for specialized City of Dubuque bank accounts, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 290-04 RESOLUTION AUTHORIZING CERTAIN DESIGNATED EMPLOYEES OF THE CITY OF DBUQUE AND SMG AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque deposits certain funds for specific use in local commercial banking institutions; and Whereas, the commercial banking institutions require authorization by the City Council for City employees and others to sign checks and drafts drawn on such banking institutions; and Whereas, the City Council has determined that SMG and City employees who may sign checks and drafts drawn on designated accounts on behalf of the City of Dubuque for checks issued for the City of Dubuque Five Flags Civic Center general account drawn on account number 196471232708 at U.S. Bank in Dubuque and for checks issued for the City of Dubuque Five Flags Civic Center Ticket Office account drawn on account number 196471232716 at U.S. Bank in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.The Five Flags Civic Center General Manager, Events Coordinator and Finance Manager and City of Dubuque Leisure Services Manager are hereby authorized to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Five Flags Civic Center general account drawn on account number 196471232708 at U.S. Bank; and Section 2. The Five Flags Civic Center General Manager, Events Coordinator and Finance Manager and City of Dubuque Leisure Services Manager are hereby authorized to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Five Flags Civic Center ticket office account drawn on account number 196471232716 at U.S. Bank. Passed, approved and adopted this 19th day of Juiy, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Purchase of Mobile Computer Terminals: City Manager recommending approval of the purchase of mobile computer terminals for the Police Department In the amount of $110,477.60, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 291-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Kalmes Breaktime Bar & Grill Michael Kalmes 1097 Jackson Passed, approved and adopted this 191h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 292-04 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) Four Mounds Foundations Four Mounds Foundation- # 1 Alliant Amphitheatre Four Mounds Foundations Four Mounds Foundation- # 2 Alliant Amphitheatre Music n More Promotions Music n More-Tent 1 Hawthorne St Music n More Promotions Music n More-Tent 2 Hawthorne St DBQ Area Labor Management DBQ Area Labor Management - Tent A Town Clock DBQ Area Labor Management DBQ Area Labor Management - Tent B Town Clock Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 260 Regular Session, July 19, 2004 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 293-04 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 reievant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License, CLASS "C" BEER/LIQUOR LICENSE Ethel Schwartz Airport Inn + (Sunday Sale) 574 E. 16th St House of China House of China + (Sunday Sale) 170 JFK Rd Clarke College Clarke College (1 Day Outdoor Sale) 1550 Clarke Dr DM Sports Bar, Inc. Jumpers Sports Bar (1 Day Outdoor Sale) 2600 Dodge St CLASS "C" (5-DAY SPECIAL EVENT) BEER/LIQUOR LICENSE DBQ Area Labor Management DBQ Area Labor Management Council - Tent C Town Clock Passed, approved and adopted this 191h day of, July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Old Main - One vacancy through 7/1/05; At-Large - One term through 7/1/06): Appiicants: For At-Large - Mary Loney Bichell, Timothy G. Goen, Matthew Lundh Mary Loney Bichell spoke requesting consideration for appointment. Transit Board of Trustees (One three-year term through 7/30/07) Applicant: Don Stedman. No one spoke. Appointments to the following Commission: Five Flags Civic Center Commission (One three-year unexpired term which will expire 6/29/06;Three three-year terms which will expire 6/29/07 - terms of Nauman, Bakke, Brannon). Applicants: Rod Bakke, Michael P. Brannon, Mark Nauman Upon motion Rod Bakke, Michael P. Brannon and Mark Nauman reappointed to three year terms which will expire 6/29/07. PUBLIC HEARINGS University of Dubuquellnstitutlonal District Amendment: Proof of publication on notice of hearing to consider amending the University of Dubuque Institutional District to allow for the extension of University Park Drive as requested by the University of Dubuque and Zoning Advisory Commission recommending approval and letter from Phil Ruppel, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Tracey Wagner, Vice President of Finance for the University of Dubuque, Tammy Walsh, Dean of Students at the University of Dubuque, and David Moore, 2535 Park Village and a student at the University, spoke in support of the proposed rezoning; Gil Crippes, 2180 Hale Street spoke In opposition to the proposed rezoning stating that work on the roadway had already begun; Peter Smith, 755 Sunset Ridge and Vice President of the University of Dubuque, spOke in favor of the rezoning and thanked the neighbors for their civility during the discussions and meetings held regarding the proposal; and Mike Donahue, 2230 West Third, stated he felt more security was needed by the University. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances 48-02 and 84-02, which adopted regulations for the University of Dubuque ID Institutional District and approving an amended Conceptual Development Plan for the University of Dubuque ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 47-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES 48-02 AND 84-02, WHICH ADOPTED REGULATIONS FOR THE UNIVERSITY OF DUBUQUE ID INSTI- TUTIONAL DISTRICT AND APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances be amended by providing for the Regular Session, July 19, 2004 261 amendment of ordinances 48-02 and 84-02, which adopted regulations for the University of Dubuque ID Institutional District and approving an amended conceptual development plan for the University of Dubuque ID Institutional District, a copy of which is attached to and made a part hereof, to wit: Lot 1-1, Lot 2-1, Lot 1-2, Lot 2-2, all in Sub of E. 147'-1-15 Lot, Lot 2-1,1& 2 of 1-1-1 of Lot 2-1-1 all in Cain's Sub #2, Lots 1 & 2 of Sub of 1 of 2 of Mineral Lot 156, and to the centeriine of the adjoining public rig ht-of-ways , all in the City of Dubuque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5 (2001) and as an express condition of amending the University of Dubuque ID Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Requlations. The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1) Principal permitted uses shall be limited to: a) Colleges and universities [45] b) Vocational Schools [45] c) Seminaries [45] d) Offices for administrative personnel or other institutional employees and affiliates [14] e) Churches [7], libraries, and museums [13] f) Classrooms, laboratories, lecture halls, and similar places of institutional assembly [45] g) Off-street parking and loading [NA] h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7] i) Single-family, two family [11J or multi-family dwellings for the housing of institutional residents or affiliates [9] 2) Accessory Uses. The following uses shall be permitted as accessory uses in the above- described ID Institutional District: a) Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b) All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3) No conditional uses shall be allowed. [ J Parking requirements as per Section D of this Ordinance. B. Lot and Bulk Requlations. Development of land in the ID Institutional District shall be regulated as follows: The proposed University Park Drive located in the south campus shall be located in substantial conformance with the attached conceptual development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1) The proposed University Park Drive shall be constructed and screening installed in substantial compliance with the attached exhibits A and B. 2) New outdoor lighting for the parking lot shall utilize 72-degree cut-off luminaries. 3) Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 4) All utilities including telephone and cable television shall be installed underground. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parklnq Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [9] 1.5 spaces for each dwelling unit [11] Two spaces for each dwelling unit [14] One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7] One space for each four permanent seats. [13J One space for each five hundred square feet of floor area accessible to the general public. [45J Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift E. Ooen Soace and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner andlor association. F. Siqn Reoulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards 262 Regular Session, July 19, 2004 That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownershio Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J.Recordina 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 within thirty [30] days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all hislher heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effecl upon publication, as provided by law. Passed, approved, and adopted this 19th day of July 2004. Is/Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF ORDINANCE NO. 47-04 I, Reverend Jeffery F. Bullock, President, University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. 47-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 21" day of July, 2004. By: Isl Reverend Jeffrey F. Bullock President, University of Dubuque Published officially in the Teiegraph Herald Newspaper the 30th day of July, 2004. Isl Jeanne F. Schneider, CMC, City Clerk 1t 7/30 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. RJS Development, Inc. - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 3230 Dodge Street from CS Commercial Service and Wholesale District to C-3 General Commercial District at the request of RJS Development, Inc., and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. Robert J. Smith spoke in favor of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3230 Dodge Street (U.S. Highway 20) from CS Commercial Service and Wholesale District to C-3 General Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 48-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 3230 DODGE STREET (U.S.HIGHWAY 20) FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from CS Commercial Service and Wholesale District to C-3 General Commercial District. 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 the 191h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 23'" day of July, 2004. Is/ Jeanne F. Schneider, CMC, City Clerk 11 7/23 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 Michaiski. Motion carried 7-0. Moose Lodge #355 - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2635 Windsor Avenue from C-1 Neighborhood Regular Session, July 19, 2004 263 Commercial District to OC Office Commercial District as requested by John Herrig I Moose Lodge #355 I James Christensen, and Zoning Advisory Commission recommending approval and communication from Cheryl Schick, 706 Hennepin Street, in opposition to the proposed rezoning, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Connors. Motion carried 7- O. John Herrig spoke in favor of the proposed rezoning, explaining that part of the green space would be used for a play area and the rest for parking. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2635 Windsor Avenue from C-1 Neighborhood Commercial District to OC Office Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 49-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 2635 WINDSOR AVENUE FROM C-1 NEIGHBOR- HOOD COMMERCIAL DISTRICT TO OC OFFICE COMMERICAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-1 Neighborhood Commercial District to OC Office Commercial District, to wit: Lot 1 and Lot 2 Christensens Addition, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23"' day of July, 2004. Jeanne F. Schneider, City Clerk 1t 7/23 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. ACTION ITEMS Final Plat - Forest Grange Subdivision NO.3: City Manager recommending approval of the final plat of Lots 1 - 6, inclusive, of Forest Grange Subdivision No.3, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 294-04 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 6, INCLUSIVE, OF FOREST GRANGE SUBDIVISION #3 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 6, Inclusive, of Forest Grange Subdivision #3; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Articie IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 41-29; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Section 2. That the final plat of Lots 1 thru 6, Inclusive, of Forest Grange Subdivision #3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said subdivision plat. Passed, approved and adopted this 19th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. DUbuque Jaycees: Communication from the Dubuque Jaycees, KDTH, KATF, KGRR and 101.1 the River Radio requesting to conduct a fireworks display on Sunday, July 3, 2005 on Volunteer Road between Hawthome and Lime Streets and communication from the Dubuque Jaycees, KDTH, KATF, KGRR and 101.1 the 264 Regular Session, July 19, 2004 River Radio requesting the right of first refusal to the July 3" date in future years for this event, presented and read. Michalski moved that the communications be received and filed and approved requests. Seconded by Cline. Motion carried 7-0. Fifth and Bell Street Signage: City Manager providing additional information regarding the proposed signage at Fifth and Bell Streets, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on East Fifth Street; an Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32- 214 thereof providing for the deletion of stop signs at the intersection of East Fifth Street and Bell Street and Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the intersection of East Fifth Street and Bell Street, said Ordinances having been presented and read on July 6, 2004, now presented for further action. Council discussed specifics of the proposed signage. Buol moved that this be the second reading of the Ordinances and that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Connors. Yeas-Buol, Connors, Duggan, Markham. Nays-Cline, Michalski, Nicholson. Motion failed due to lack of a 3/4 vote: Buol moved to receive and file the communication and that this be the second reading of the Ordinances. Seconded by Markham. Carried by the following vote: Yeas- Buol, Connors, Duggan, Markham. Nays- Cline, Michalski, Nicholson. Building Permit Moratorium - Bee Branch Creek: City Manager recommending that the building permit moratorium for commercial properties and for the construction of new residential structures in the Bee Branch Creek Alignment study area be extended through July 1, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances, Chapter 11, Buildings and Building Regulations, by adding a new Section 11-58.5 Adopting a Moratorium on the 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. 50-04 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 11 BUILDINGS AND BUILDING REGULATIONS BY ADDING A NEW SECTION 11-58.5 ADOPTING 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, is undertaking a study of an alignment for the proposed Bee Branch Restoration Project In the City of Dubuque between 241h Street and the 161h Street Detention Basin, which will include the acquisition of property necessary 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 COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. The City of Dubuque Code of Ordinances, Chapter 11, Buildings and Building Regulations are hereby amended by adding the following new section: Section 11-58.5 Moratorium Bee Branch Creek Restoration Alignment Area. The Building Official shall not issue any permit for any commercial construction or for any new residential construction, including a new house or new garage, but not including demolition and emergency repairs, without the approval of the City Council, in the Bee Branch Creek Restoration Alignment area as shown on the map on file in the office of the City Clerk, 50 W. 13'" Street, Dubuque, Iowa, during the period from the effective date of this ordinance through July 1, 2005, 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. Regular Session, July 19, 2004 265 Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23" day of July, 2004. Jeanne F. Schneider, City Cierk 11 7/23 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Lombard Street - No Parking Ordinance: City Manager recommending approval of the removal of parking on the north side of Lombard Street along the Washington Junior High School property, as requested by residents of the area, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Dale Lass, Principal of Washington Junior High School, spoke in favor of the proposed no parking area. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Lombard Street, presented and read. OFFICIAL PUBLICATION ORDtNANCE NO. 51-04 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIB- ITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING A PORTION OF LOMBARD STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Code of Ordinances of the City of Dubuque, iowa, is amended by adding to Subsection (d) of Section 32-262 the following: Lombard Street, north side, from the Dodge Street ramp connector to the east property line of 1995 Lombard Street Passed, approved, and adopted this 19th of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of July, 2004. Jeanne F. Schneider, City Clerk 11 7/23 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. Through Street Ordinance: City Manager recommending approval to designate streets wider than 36 feet within the corporate limits of the City of Dubuque as through streets and to allow for changes in the stop and yield sections of the City Code to be consistent with the "through streets," presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- o An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, adding various streets to Subsection (b) of Section 32- 213 thereof providing for the designation of through streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 52-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, ADDING VARIOUS STREETS TO SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE DEStG- NATION OF THROUGH STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding the following to Subsection (b) of Section 32-213 thereof as follows: "Sec. 32-213. Throuqh Streets (b) * * . * * Cedar Cross Road, from its southe~y terminus at North Cascade Road to its northerly terminus at Dodge Street (U.S. Highway 20). Clarke Crest Drive, from the north right-of-way line of Clarke Drive to its easterly terminus. Cleveland Avenue, from the east right-of-way line of Bryant Street to the north right-of-way line of Villa Street. Crescent Ridge, from the west right-of-way line of Cedar Cross Road to its westeriy terminus. Digital Drive, from its southerly intersection with U.S. Highway 61/151 to its northerly intersection with U.S. Highways 61/151. Embassy West Drive, from the north right-of- way iine of Pennsylvania Avenue to the north right-of-way line of Camelot Drive (north intersection). Flint Hill Drive, from the south right-of-way line of Twin Valley Drive to its southerly terminus. Harrison Street, from the north right-of-way line of Railroad Avenue to its northerly terminus. 266 Regular Session, July 19, 2004 Hummingbird Drive, from the west right-of-way line of Embassy West Drive to the south right-of- way line of Camelot Drive. Kirkwood Street, from the south right-of-way line of West Locust Street to the east right-of- way line of Alta Vista Street. North Main Street, from the south right-of-way line of Kaufmann Avenue to the north right-of- way line of Clarke Drive. Red Violet Drive, from the east right-of-way line of Radford Road to the west right-of-way line of Samantha Drive. Rose Street, from the east right-of-way line of Alta Vista Street to the west right-of-way line of Walnut Street. Rosedale Avenue, from the south right-of-way line of West Locust to the north right-of-way line of North Grandview Avenue. Rush Street, from the east right-of-way line of Bryant Street to the west right-of-way line of Villa Street. Tanzanite Drive, from the west right-of-way line of Peru Road to the east right-of-way line of John Deere Road South Welu Drive, from the west right-of-way line of Marjorie Circle to its easterly terminus. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of July, 2004. Jeanne F. Schneider, City Clerk 11 7/23 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. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the deletion of stop signs at various intersections as described, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 53-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE DELETION OF STOP SIGNS AT VARIOUS INTERSECTIONS AS DESCRIBED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting the following from Subsection (b) of Section 32- 214 thereof as follows: Sec. 32-214. StoD Intersections. * * * . * * NORTHBOUND English Mill Road and Crescent Ridge SOUTHBOUND Ciear View Drive and Crescent Ridge Northview Drive and Crescent Ridge EASTBOUND Crescent Ridge and Cedar Cross Road Starlight Drive and Cedar Cross Road Frontage Road, south side of Highway 20 and Cedar Cross Road WESTBOUND Starlight Drive and Crescent Ridge EASTBOUND AND WESTBOUND Railroad Avenue and Harrison Street Passed, approved and adopted this 19th day of July, 2004. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Published officially in the Telegraph Herald newspaper this 23" day of July, 2004. Jeanne F. Schneider, City Clerk 11 7/23 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. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-216 thereof providing for the deletion of a yield sign at the intersection of Lake Eleanor Road and Digital Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 54-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THE DELETION OF A YIELD SIGN AT THE INTERSECTION OF LAKE ELEANOR ROAD AND DIGITAL DRIVE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting Lake Eleanor Drive from Subsection (b) of Section 32-216 thereof as follows: "Sec. 32-216. Yield Intersections (b) . . Westbound Vehicles Lake Eleanor Road and Digital Drive Regular Session, July 19, 2004 267 Passed, approved and adopted this 19th day of Juiy, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 23"' day of July, 2004. Jeanne F. Schneider, City Clerk 1t 7/23 Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Markham. Motion carried 7-0. Resources Enhancement and Protection (REAP) Program: City Manager recommending approval of the Fiscal Year 2005 REAP grant application for Phase 1 of Water Works Park at the Hawthorne Street Peninsula and communication from the Dubuque County REAP Committee requesting confirmation of a representative to the REAP Committee (currentiy Council Member Joyce Connors), presented and read. Michalski moved that the communication be received and filed and approved reappointment of Joyce Connors to the REAP Committee. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 295-04 RESOLUTION AUTHORIZING A REAP GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR PHASE 1 OF WATER WORKS PARK Whereas, the City of Dubuque has identified Water Works Park as an important recreational facility to be developed as part of the City's commitment to riveliront redevelopment; and Whereas, the Iowa Department of Naturai Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of public parks; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of public parks along the Heritage Trail Riverfront System. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit the resolution and the application to the Iowa Department of Natural Resources for REAP funds for Phase 1 of WaterWorks Park. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 19th day of July 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Adoption of International Building Code (IBC): City Manager recommending adoption of the 2003 International Building Code (IBC) published by the International Code Council, Inc., presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances, City of Dubuque, Iowa by repealing Section 11-1 and Section 11-2 and enacting new Sections 11-1 and 11-2 in lieu thereof adopting the 2003 Intemational Building Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore, presented and read. OFFICtAL PUBLICATION ORDINANCE NO. 55-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 11-1 AND SECTION 11-2 AND ENACTING NEW SECTIONS 11-1 AND 11-2 IN LIEU THEREOF ADOPTING THE 2003 INTERNATIONAL BUILDING CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That Section 11-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-1 and enacting a new Section 11-1 in lieu thereof as follows: Sec. 11-1. International Building Code - Adopted. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the International Building Code, 2003 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Building Code." A copy of the International Building Code, 2003 Edition, as adopted, shall 268 Regular Session, July 19, 2004 be on file in the office of the city clerk for public inspection. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-2 and enacting a new section 11-2 in lieu thereof as follows: Section 11-2. The code adopted by Section 11-1 of this chapter is hereby amended as follows: Sec. 101.3 Section 101.3 "Scope" is hereby amended by repealing Sec. 101.3 and enacting a new Sec. 101.3 to read as follows: Sec. 101.3 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, pubiic utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. For additions, aiterations, moving and maintenance of buildings and structures, see Chapter 34. For temporary buildings and structures, see Section 3103 and Appendix Chapter 31. Historic buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, continued use or change of use of a historic building may be made In compliance with the provisions of the 1997 Edition of the Uniform Code for Building Conservation (UCBC) or Section 11-70 through 11-79 of the City of Dubuque Code of Ordinances. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Sec. 102. Section 102, "Unsafe Buildings or Structures" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 102. Unsafe Buiidings or Structures All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment Is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified In this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Article II of Chapter 11 of the Code of Ordinances. Sec.105. Section 105.5 "Expiration: is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within two years after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed one year. The extensions shall be requested in writing and justifiable cause demonstrated. Sec. 112. Section 112, "Board of Appeals," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 112. Building Code and Advisory Appeals Board. (a) Board Established. In order to determine the suitability of altemative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the building code, and to advise the city council on all building construction regulations and procedures, there is hereby created the building code advisory and appeals board. (b) Membership. The building code advisory and appeals board shall consist of five (5) members appointed by the city council. One (1) member shall be an architect or engineer registered in the State of Iowa, one (1) member shall be a general building construction contractor, one (1) member shall be a journeyman carpenter, and two (2) members shall be from the public at large. (c) Term of Office. The term of office of all board members shall be for three (3) years, except that initial appointments of one (1) member shall be for a term of one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations. The board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: Regular Session, July 19, 2004 269 (1) Board Chairperson. The chairperson of the board shall be a member of the board elected annually by a majority of the board. (2) Secretary of the board. The building official, or designee, shall be secretary of the board. The secretary shall arrange for meetings and prepare and keep such minutes and records and perform such other clerical work as the board may direct. (3) Quorum. Three (3) members shall constitute a quorum. The concurring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service until appointment of successor. Upon completion of the term of office, members of the building code board shall continue to serve in their full capacity until their successor has been duly appointed. (5) Meetings. The building code board shall meet upon call of the chairperson, secretary or city manager. Members of the building code board shall attend at least two-thirds of all scheduled meetings within a twelve-month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. (6) Attendance. The attendance of all members shall be entered on the minutes by the secretary. (7) Conformity with open meetings law. All meetings shall be held in conformance with provisions of the Iowa Open Meetings Law. (8) Minutes. The building code board shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after such meeting. (9) Administrative policies. All administrative, personnel, accounting, budgetary, and procedural policies of the city shall govern the building code board in all of its operations. (10) Duties when serving as an appeals board. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code, may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly Interpreted the provision of this code; b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this code. (e) Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance and safety. Sec. 113 Section 113, 'Violations" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 113 Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Chapter 1 of the Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Section 3. This Ordinance shall be in effect after its final passage, approval and publication as required by law. 270 Regular Session, July 19, 2004 Passed, approved and adopted this 191h day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23" day of Juiy, 2004. Jeanne F. Schneider, City Clerk 11 7/23 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Adoption of International Residential Code (IRC): City Manager recommending adoption of the 2003 International Residential Code (IRe) published by the International Code Council, Inc., and also the adoption of five amendments recommended by the Building Code Board of Appeals, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances, City of Dubuque, Iowa by adding and enacting new Sections 11-5 and 11-6 thereof adopting the 2003 International Residential Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 56-04 AN ORDINANCE AMENDINGTHE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY ADDING AND ENACTING NEW SECTIONS 11-5 AND 11-6 THEREOF ADOPTING THE 2003 INTERNATIONAL RESIDENTIAL CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sections 11-5 and 11-6 of the Code of Ordinances of the City of Dubuque, Iowa be amended by enacting new Sections 11- 5 and 11-6 as follows: Sec. 11-5. International Residential Code - Adopted. Except as hereinafter added to, deleted, mod~ied or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the Intemational Residential Code, 2003 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of one and two family residential buildings and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Residential Building Code." A copy of the international Residential Code, 2003 Edition, as adopted, shall be on fiie in the office of the city clerk for public inspection. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by enacting Section 11-6 as follows: Section 11-6. The code adopted by Section 11-5 of this chapter is hereby amended as follows: Section R103 Department of Building Safety. Section R103 "Department of Building Safety" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. R103.1. Creation of enforcement agency. There is hereby established in the city the building services department, which shall be under the jurisdiction of the building official. Sec. R105.5 Penmits, Expiration. Section 105.5 "Expiration" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112 Board of Appeals. Section R112 "Board of Appeals" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Section R112. Building Code and Advisory Appeals Board. (a) Board Established. in order to determine the suitability of alternative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the buiiding code, and to advise the city council on all building construction regulations and procedures, there is hereby created the building code advisory and appeals board. (b) Membership. The building code advisory and appeals board shall consist of five (5) members appointed by the city council. One (1) member shall be an architect or engineer registered in the State of Iowa, one (1) member shall be a general building construction contractor, one (1) member shall be a joumeyman carpenter, and two (2) members shall be from the public at large. (c) Term of Office. The tenm of office of all board members shall be for three (3) years, Regular Session, July 19, 2004 271 except that initial appointments of one (1) member shall be for a term of one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations. The board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: (1) Board Chairperson. The chairperson of the board shall be a member of the board elected annually by a majority of the board. (2) Secretary of the board. The building official, or designee, shall be secretary of the board. The secretary shall arrange for meetings and prepare and keep such minutes and records and perform such other clerical work as the board may direct. (3) Quorum. Three (3) members shall constitute a quorum. The concurring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service until appointment of successor. Upon completion of the term of office, members of the building code board shall continue to serve in their full capacity until their successor has been duly appointed. (5) Meetings. The building code board shall meet upon call of the chairperson, secretary or city manager. Members of the building code board shall attend at least two-thirds of all scheduled meetings within a twelve-month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. (6) Attendance. The secretary shall enter the attendance of all members on the minutes. (7) Conformity with open meetings law. All meetings shall be heid in conformance with provisions of the Iowa Open Meetings Law. (8) Minutes. The building code board shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after such meeting. (9) Administrative policies. All administrative, personnel, accounting, budgetary, and procedural policies of the city shall govern the building code board in all of its operations. (10) Duties when serving as an appeals board. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code, may appeal from such decision to the buiiding code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeais may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this code. (e) Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeais may authorize any alternate to the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance and safety. Section R113 Violations. Section R113, 'Violations" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Section R113 Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Chapter I of the Code of Ordinances. The penalty herein provided shall 272 Regular Session, July 19, 2004 be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Sec. R310. Section R310, "Emergency Escape and Rescue Openings" is hereby amended as follows: Sec. R310 Emergency Escape and Rescue Openings Section 310.1 Emergency escape and rescue required. Add exceptions to Section 310.1: EXCEPTiONS: 1. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. 2. The finished sill height may exceed 44 inches (1118 mm) above the fioor if approved by the building official and the following conditions are met: The exterior finish grade is more than 36 inches (914 mm) above the interior floor level of the room, OR altering the exterior configuration of the building would adversely affect the historical significance of the building. A platform capable of supporting a iive load of 300 pounds shall be permanently affixed at the interior of the window. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window. The escape or rescue window shall have a minimum clear openable area of 9 square feet (0.84 m2), with a minimum dimension of 36 inches (914 mm). The building is equipped with smoke detectors installed in accordance with Section R317. Sec.R3111.5.6.2. Section R311.5.6.2 "Handrails" is hereby amended by adding exception #3 as follows: EXCEPTIONS: 1. Handrails shall be permitted to be Interrupted by a newel post at a turn. 2.The use of a volute, turnout or starting easing shall be allowed over the lowest tread. 3. Top rails may be interrupted by walls. Sec. R404 Foundation Walls. Section R404.1.2, "Concrete Foundation Walls" is hereby amended by adding an exception as follows: EXCEPTION: The following reinforcement requirements may be used as an alternative for 8" (204 mm) thick concrete foundation walls between 96 (2438 mm) and 120 inches (3048 mm) in height: #4 bars 20 inches (508 mm) on center vertically and #4 bars 24 inches (610 mm) on center horizontally. Chapter 11. Chapter 11 "Energy Efficiency" is hereby amended by deleting the entire chapter. Sec. P2603.6 Freezing. Section P2603.6, "Freezing" is hereby amended by repealing the last sentence and replacing such sentence with a new sentence in lieu thereof as follows: Water service pipe shall be installed 6 inches (152 mm) below the frost line. Sec. P3114 Air Admittance Valves. Section P3114.3, "Where permitted" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Individual vents, branch vents, circuit vents and stack vents shall be permitted to terminate with a connection to an air admittance valve when approved by the building official or their agent in cases where structural or existing conditions do not allow for the termination of a vent to the exterior of the structure. Part VIII Electrical. Part VIII "Electrical" is hereby amended by deleting Chapters 33-42 in their entirety. Section 3. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed, approved and adopted this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23" day of July, 2004. Jeanne F. Schneider, City Clerk 11 7/23 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. PUBLIC INPUT John Brennan, 1432 S. Grandview, spoke requesting that when Council discussed the condominium project below Eagle Point Park in Closed Session that they remember the bluffs belong to the citizens of Dubuque and that further action on the issue not be pursued. At 8:27 P.M. Michalski moved to go into Closed Session - Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)U) 2003 Code of Iowa. Seconded by Nicholson. Motion carried 7-0. At 8:50 P.M. Council reconvened stating staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion Regular Session, July 19, 2004 273 carried 7-0. The meeting adjoumed at 8:51 P.M. /sl Jeanne F. Schneider, CMC City Clerk 1t 7/28 AttesJ;;, .-----.. /. .,--~ fd'/:z>:r--C/ ~ (::;;;JC rh City Clerk 2004 2004