2004 October Council Proceedings
Regular Session, October 4, 2004
341
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 4,
2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditonum
Present: Mayor Pro- Tem Markham, Council
Members Buol, Ciine, Connors, Michalski,
Nicholson, City Manager Van Milligen, Assistant
City Attorney Tim O'Brien
Absent: Mayor Duggan, Corporation Counsel
Lindahl
Mayor Pro-Tem Markham 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 Council Member
Michalski.
Proclamations: Make a Will Month (October,
2004) received by Ken Worth; YWCA Week
Without Violence (October, 2004) received by
Lisa McCarthy and Toby Wisecup; Disability
Employment Awareness Month (October, 2004)
received by Mary Lynn ReVoir; HireVetsFirst
Campaign received by Kent Roeder; Bipolar
Disorder Awareness Day (October 7, 2004)
received by Pat Balvanz; White Cane Safety
Day (October 15, 2004) received by Lorene
Brown; and Trick or Treat Night (October 31,
2004)
A presentation of the Iowa league of Cities
"All Star" Community Award was made to the
Council.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 8/26; Cable TV Telepro-
gramming Commission of 9rr; City Council of
9/14 and 9/20; Histone Preservation
Commission of 9/16; Housing Commission of
8/24; Housing Trust Fund Committee of 9/24;
Park and Recreation Commission of 9/21;
Plumbing Board of 9/22; Transit Board of 9/9;
Zoning Board of Adjustment of 8/26; Proof of
Publication of list of Claims and Summary of
Revenues for the Month Ending July 31, 2004;
Library Board of Trustees Update from the
meeting of September 23, 2004, presented and
read. Buol moved that the minutes and proof be
received and filed. Seconded by Michalski.
Motion carried 6-0.
Notice of Claims/Suits: Dawn Close (8/22/O4)
for vehicle damage; Dawn Close (9/11/04) for
vehicle damage; Brian D. Kohn vs. City of
Dubuque; Luther Manor for property damage,
presented and read. Buol moved that the claims
and suits be received and filed and referred to
legal for investigation. Seconded by Michalski.
Motion carried 6-0.
Corporation Counsel recommending
settlement of the claims of Milt Avenarius for
property damage and Jeff Hoyne 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 Finance Department to
issue proper payment. Seconded by Michalski.
Motion carried 6-0.
Corporation Counsel recommending denial of
the claim of Mike Bisdort for vehicle damage,
pres ented and read. Buol moved that the
communication be received and filed and
concurred. Seconded by Michalski. Motion
carried 6-0.
SMG Management Agreement: City Manager
recommending approval of an amendment to the
SMG Management Agreement changing the
date for Civic Center Manager Paula Jo Wolfe to
transition to SMG from September 30, 2004 to
December 31, 2004, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carned 6-
O.
RESOLUTION NO. 374-04
APPROVING THE FIRST AMENDMENT TO
MANAGEMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND SMG
WHEREAS, the City of Dubuque (City) and
SMG (SMG) have entered into an Agreement for
the management of City's Five Flags Civic
Center; and
WHEREAS, City and SMG now desire to
amend the Agreement as set forth in the
attached First Amendment to Management
Agreement.
NOW, THEREFORE, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOllOWS:
1. The First Amendment to Management
Agreement attached hereto is hereby approved.
2. The Mayor is hereby authonzed and
directed to sign the First Amendment to
Management Agreement on behalf of the City.
Passed, approved and adopted this 4th day of
October, 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 8-0.
342
Regular Session, October 4, 2004
Bee Branch Alignment Study: Communication
from Laurie Bartolotta, 2104 Kniest Street,
regarding the Bee Branch alignment study,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 6-0.
Iowa Department of Transportation:
Communication from Thomas M. Storey, Iowa
Department of Transportation, advising that the
DOT is proposing to let a Hot Mix Asphalt Joint
and Crack Sealing project located on US 20 in
Dubuque from Crescent Ridge to Devon Drive,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 6-0.
Tax Assessment Appeal - Stipulation of
Settlement: Corporation Counsel submitting a
Stipulation of Settlement of a tax assessment
appeal by Michael Keegan and Sandra Keegan,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 6-0.
Annexation Status Report: City Manager
recommending approval of the submission of an
Annexation Status Report to the City
Development Board, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Michalski. Motion carried 6-0.
Federal Recreation Trail Grant Application -
Water Works Park: City Manager recommending
approval of the submission of a Federal
Recreational Trails grant application for Phase 1
of Water Works Park to the Iowa Department of
Transportation, presented and read. Buol moved
that the communication be received and filed.
Seconded by Michalski. Motion carned 6-0.
RESOLUTION NO. 375-04
RESOLUTION AUTHORIZING A GRANT
APPLICATION TO THE IOWA DEPARTMENT
OF TRANSPORTATION FOR FEDERAL
RECREATIONAL TRAILS FUNDS FOR
WATER WORKS PARK
Whereas, the City of Dubuque has identified
Water Works Park as an important trailhead
facility to be developed as part of the Heritage
Trail Riverfront System and America's River
Project; and
Whereas, the Iowa Department of
Transportation has Federal Recreational Trails
Funds for the development of trail-related
projects; and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
include goals for development of trailheads and
public parks along the Hentage 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 this resolution authonzing application to the
Iowa Department of Transportation for Federal
Recreational Trails Funds for Water Works Park.
Section 2. The Planning Services Manager is
hereby authonzed to submit the application to
the Iowa Department of Transportation for
Federal Recreational Trail Funds for Water
Works Park.
Section 3. That in the event said application is
approved, the City Council hereby provides its
wntten assurance that the completed project will
be adequately maintained for its intended use
for a minimum of twenty (20) years following
project completion.
Passed, approved and adopted this 4th day of
October 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
Statewide Transportation Enhancement Funds
(lSTEA) Grant - Water Works Park: City
Manager recommending approval of the
submission of a Statewide Transportation
Enhancement Funds (ISTEA) grant application
for Phase 1 of Water Works Park to the Iowa
Department of Transportation, presented and
read. Buol moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 6-0.
RESOLUTION NO. 376-04
RESOLUTION AUTHORIZING A GRANT
APPLICATION TO THE IOWA DEPARTMENT
OF TRANSPORTATION FOR STATEWIDE
TRANSPORTATION ENHANCEMENT FUNDS
FOR WATER WORKS PARK
Whereas, the City of Dubuque has identified
Water Works Park as an important trailhead
facility to be developed as part of the Heritage
Trail Riverfront System and America's River
Project; and
Whereas, the Iowa Department of
Transportation has Statewide Transportation
Enhancement Funds for the development of
trail-related projects; and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
includes goals for development of trailheads and
public parks along the Hentage Trail Riverfront
System.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, October 4, 2004
343
Section 1. The Mayor hereby is authonzed to
sign this resolution authorizing application to the
Iowa Department of Transportation for Statewide
Transportation Enhancement Funds for Water
Works Park.
Section 2. The Planning Services Manager is
hereby authonzed to submit the application to
the Iowa Department of Transportation for
Statewide Transportation Enhancement Funds
for Water Works Park.
Section 3. 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
for a minimum of twenty (20) years following
project completion.
Passed, approved and adopted this 4th day of
October 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carned 6-0.
Economic Development Initiative (EDI) Special
Project Grant: City Manager recommending
approval of an amendment to the Economic
Development Initiative (ED I} Special Project
grant for the America's River Museum,
presented and read. Buol moved that the
communication be received and filed.
Seconded by Michalski. Motion earned 6-0.
RESOLUTION NO. 377-04
A RESOLUTION PROVIDING FOR A BUDGET
AMENDMENT TO THE ECONOMIC DEVEL-
OPMENT INITIATIVE (EDI) SPECIAL
PROJECT GRANT AGREEMENT WITH THE
U. S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR THE
AMERICA'S RIVER MUSEUM.
Whereas, the U.S. Department of Housing and
Urban Development (HUD) has allocated a
$1,000,000 Economic Development Initiative
(ED I) Special Project grant to the City of
Dubuque, on behalf of the Dubuque County
Historical Society (DCHS), sub-grantee, for work
associated with the development of the
America's River Museum; and
Whereas, the Dubuque County Historical
Society will utilize the grant funds for the
America's River Museum project and will be the
entity responsible for completing said project;
and
Whereas, the Dubuque County Historical
Society is requesting the budget be amended to
reallocate funds without increasing the awarded
amount.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the budget for the $1,000,000
Economic Development Initiative (EDI) Special
Project grant for the Amenca's River Museum is
hereby amended as follows by reallocating
funds as follows: $924,000 for personnel and
$76,000 for fringe benefits.
Section 2. That the Mayor is hereby
authorized to submit said budget amendment for
the EDI grant to the U. S. Department of
Housing and Urban Development together with
such documents as may be required.
Passed, approved and adopted this 4'h day of
October 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
Request to Purchase City Property:
Communication from Paul M. Fahey requesting
to purchase City-owned property abutting 2297
University Avenue, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Michalski. Motion carried 6-0.
Letter to the Department of Transportation:
City Manager correspondence to Norman
Mineta, Secretary of the Department of
Transportation, regarding increasing air service
links between the United States and
international markets, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 6-
O.
Business Licenses:
RESOLUTION NO. 378-04
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.
RENEWAL
Eagle Country Market Downtown Eagles, Inc.
1800 Elm St
Passed, approved and adopted this 4th day of
October, 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
RESOLUTION NO. 379-04
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
344
Regular Session, October 4, 2004
with the Ordinances of the City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Aldi, Inc. Aldi # 30
2160 Holiday Dr
Rainbo Oil Comp Kwik Stop Food Mart+
(Sunday Sale) 2360 Centrai Av
Passed, approved and adopted this 4th day of
October, 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carned 6-0.
RESOLUTION NO. 380-04
Wihereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOVV, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
Dog Gone, Inc Dog House Lounge+
(Sunday/Outdoor Sale) 1646 Asbury Rd
Platinum Hospitality Group LLP Grand River
Center+(Sunday/Outdoor Sale} 500 Bell St
SPECIAL CLASS "C" LIQUOR
Cafe Manna Java LLC Cafe Manna Java+
(Sunday/Outdoor Sale) 269 Main St
CLASS "B" WINE
Teri A. Burdt River City Gift Shop
137 Main St
Family Mart, Inc. Family Mart
3201 Central Av
Passed, approved and adopted this 4'h day of
October, 2004.
John H. Markham, Mayor Pro- Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
ITEM TO BE SET FOR PUBLIC HEARING
Widening of Asbury Road at the Northwest
Arterial Project - Initiate: City Manager
recommending initiation of the bidding process
for the Widening of Asbury Road at the
Northwest Arterial Project and that a public
hearing be set for October 18, 2004, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Connors. Motion carried 5-0 with Nicholson
bnefly out of the room.
RESOLUTION NO. 381-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Widening
of Asbury Road at the Northwest Arterial in the
estimated amount of $56,749.77 are hereby
approved and ordered filed In the office of the
City Clerk for publiC inspection.
Passed, adopted and approved this 4th day of
October, 2004.
John H. Markham, Mayor Pro- Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 5-0 with
Nicholson briefly out of the room.
RESOLUTION NO. 382-04
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Wihereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Widening of Asbury Road at the
Northwest Artenal.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on the 18th
day of October, 2004, at 6:30 p.m. in the Public
Library Auditonum at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days pnor to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 4'h day of
October, 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set for Public Hearing on 10/18/04 at a
Regular Session, October 4, 2004
345
meeting to commence at 6:30 P.M. in the Public
Library Auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Connors. Motion carned 5-0 with
Nicholson briefiy out of the room.
RESOLUTION NO. 383-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Widening of Asbury Road at the
Northwest Arterial is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the secunty to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 12'h day of October, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 18'h day of October,
2004.
Passed, adopted and approved this 4'h day of
October, 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 5-0 with
Nicholson briefiy out of the room.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory
Commission (Two three-year terms through
10/1/07 and one vacant youth term through
6/1/05) Applicant: Chad M. Chase - Youth
No one spoke.
Appointments to the following Boards /
Commissions: Housing Commission (One 3-
year unexpired term through 8/17/05)
Applicant: Angela Mozena Michaiski moved
that Angela Mozena be appointed to the
Housing Commission for an unexpired three
year term through 8/17/05. Seconded by
Connors. Motion carried 6-0.
PUBLIC HEARINGS
Buol moved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Nicholson. Motion carried
6-0.
Cedar Lake Plaza Planned Unit Development
(PUD) District (Tabled 9120/04):
Buol moved that the following be removed
from the table. Seconded by Nicholson. Motion
carried 6-0.
Proof of publication on notice of hearing to
consider an amendment to the Cedar Lake
Plaza Planned Unit Development (PUD) Distnct
as requested by Rick Anderson / Anderson /
Schaul Carwash Corporation and Zoning
Advisory Commission recommending approval,
with conditions; communication from Clark
Payne, President of the Turnberry Condominium
Owners Association, in opposition to the
proposed Cedar Lake Plaza Planned Unit
Development (PUD) amendment;
communication from Howard McLean and
Dorothy McLean in opposition to the proposed
amendment to the Cedar Lake Plaza Planned
Unit Development (PUD) District, presented and
read.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances providing for the amendment of
Ordinance 63-97, which adopted regulations for
hereinafter descrtbed property located at Cedar
Lake Plaza, 395 Cedar Cross Road, in a PUD
Planned Unit Development District with a PC
Planned Commercial designation, presented
and read.
Rick Anderson spoke in favor of the rezoning
and provided a description of the operation and
building plans. In response to a question he
stated that the designation of a car wash as a
permitted use had not been specifically
addressed in the onginal PUD. He further spoke
clarifying that the car wash doors would be
closed from 9:00 P.M. to 7:00 A.M. and that
noise would be contained inside the building.
Laura Carstens, City Planner, spoke outlining
the request specifics and stated the onginal
Planned Unit Development designation did not
contain a car wash.
Clark Payne of 470 Woodland Ridge, Howard
M. McClean of 585 Woodland Ridge, and
Jeanette Sterret, 3405 Lake Ridge, spoke
objecting to the proposed rezoning.
Jeff Hansel, 439 Tamarack Ct., as the
developer of this property, spoke in support and
clarified various issues.
Judy Graves, 410 Woodland Ridge, spoke
objecting to the rezoning, stating the street was
not designed for additional curb cuts.
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
346
Regular Session, October 4, 2004
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion failed due to the
following vote: Yeas-Connors. Nays-Buol,
Cline, Markham, Michalski, Nicholson.
Northwest Arterial Fiber Optics Conduit
Project: Proofs of publication on notice of
hearing on plans and specifications and notice
to bidders on the receipt of bids, and City
Manager recommending award of the contract
for the Northwest Artenal Fiber Optics Conduit
Project to Volkens, Inc., in the amount of
$113,024.00, presented and read. Cline moved
that the proofs and communication be received
and filed. Seconded by Nicholson. Motion
carned 6-0.
RESOLUTION NO. 384-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 1" day of September, 2004,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Northwest Arterial Fiber
Optics Conduit Project.
Wihereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 4'h day of
October, 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
RESOLUTION NO. 385-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Northwest
Arterial Fiber Optics Conduit Project pursuant to
Resolution No. 350-04 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 10.h day of September,
2004.
Whereas, said sealed proposals were opened
and read on the 23'" day of September, 2004
and it has been determined that the bid of
Volkens, Inc. of Dyersville, Iowa, in the amount
of $113,024.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Vol kens, Inc. and the Manager be
and is hereby directed to execute a contract on
behalf of the City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 4th day of
October, 2004.
John H. Markham, Mayor Pro- Tem
Attest Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Nicholson moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Michalski. Motion carried 6-0.
ACTION ITEMS
Code of Ordinances - Chapter 5 - Alcoholic
Beverages (First Reading on 9120/04):
Communication from Dean Nelson, Dubuque
Area Substance Abuse Coalition Coordinator,
requesting time for Garry Heiar, Kathy Davis,
Eileen Sullivan and John Torres, members of
the Task Force, to address the Council
regarding the proposed ordinances;
communication from Kathy Davis, Counselor at
Northeast Iowa Community College, requesting
to address the City Council regarding the
proposed changes to the Alcoholic Beverages
Ordinance; communication from Lynn Boffeli,
Binge Drinking Sub-Committee Chairperson,
regarding the proposed ordinances and the work
of the Binge Drinking Sub-Committee;
communication from John Torres, Food and
Beverage Director - Dubuque Greyhound Park
and Casino, requesting to address the Council
regarding the proposed ordinances;
communication from Garry Heier, Iowa
Hospitality Association - Dubuque Chapter,
requesting to address the Council in support of
the proposed ordinances; communication from
Eileen G. Sullivan, Vice President for Student
Development, requesting to address the Council
regarding the proposed ordinances;
communication from Cheryl Whalen, on behalf
of the Historic Bluffs Neighborhood Association,
expressing the Association's strong support of
the Dubuque Area Substance Abuse Coalition's
recommendations for the two new ordinances,
presented and read.
An Ordinance amending Chapter 5 Alcoholic
Beverages of the City of Dubuque Code of
Ordinances by enacting a new Section 5-9
Regular Session, October 4, 2004
347
prohibiting buffet sales of alcoholic liquor, wine
or beer and an Ordinance Chapter 5 Alcoholic
Beverages of the City of Dubuque Code of
Ordinances is amended by adding the
definitions of restaurant and kitchen facility to
Section 5-2 and amending Section 5-7.2
prohibiting persons under the legal age from
remaining on the premises where alcoholic
liquor is sold or dispensed thirty minutes after
any restaurant on the licensed premises is
closed, presented and read.
Garry Heiar, of Iowa Hospitaiity Association
and Eileen Sullivan, Vice President for Student
Development at Loras College, spoke in favor of
the proposed ordinances.
Kari Fieckenstein, a Clarke College student,
spoke stating the Ordinance would not make a
difference as students would find a way around
it.
Police Chief Wadding stated that the
Ordinance is needed and it can be enforced.
Buol moved that this be considered the second
reading of the Ordinance. Seconded by
Michalski. Motion carried 6-0.
Eagle Valley Subdivision - Final Plat: City
Manager recommending approval of the final
plat of Lots 1-4, inclusive, and Lots A-B,
inciusive, of Block 5 of Eagle Valley Subdivision
in the City of Dubuque, Iowa, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 6-0.
RESOLUTION NO. 386-04
A RESOLUTION RESCINDING RESOLUTION
NO. 346-03, AND APPROVING THE FINAL
PLAT OF LOTS 1-4, INCLUSIVE, AND LOTS
A-B, INCLUSIVE OF BLOCK 5 OF EAGLE
VALLEY SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1-4, Inclusive, and Lots
A-B, Inclusive, of Block 5 of Eagle Valley
Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street
to be known as Golden Eagle Drive (Lot B),
together with certain public utility easements, all
in Eagle Valley Subdivision, which the owner, by
said final plat, has dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had here approval
endorsed thereon, subject to the owners
agreeing to the conditions noted in Section 2
below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Golden Eagle
Drive (Lot B), and the easements for public
utilities, sanitary sewer, storm sewer and water
mains as they appear upon said final plat and
the same are hereby accepted; and
Section 2. That the final plat of Lots 1-4,
Inclusive, and Lots A-B, Inclusive, of Block 5, is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said final plat, provided by the owners of said
property herein named, execute their wntten
acceptance attached hereto.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. The developer will maintain erosion
control devices constructed in Block 5 of Eagle
Valley Subdivision until it has been fully
completed. Upon the City's acceptance of the
detention facility, the maintenance expenses
incurred by the city off Dubuque for the storm
water detention facility (Lot B) shall be assessed
against the lot owners of Eagle Valley
Subdivision, in equal amounts, and the City
Manager shall certify such costs to the City
Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and
such costs shall then be collected with and in
the same manner as general property taxes in
accordance with provisions of law.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and city standard speCifications and
accepted by the City Council Resolution.
Section 6. That in the event Arnold Van Etten
and Fondell Excavating, Inc. fails to execute the
acceptance and furnish the guarantees provided
in Section 2 hereof within 180 days after the
date of this Resolution, the provisions hereof
shall be null and void and the acceptance of the
dedication and approvai the plat shall not be
effective.
348
Regular Session, October 4, 2004
Passed, approved and adopted this 4'h day of
October 2004.
John H. Markham, Mayor Pro- Tem
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 386-04
I, Arnold Van Etten, property owner, having
read the terms and conditions of the foregoing
Resolution No. 386-04 and being familiar with
the conditions thereof, hereby accept this same
and agree to the conditions required therein.
Dated in Dubuque, Iowa this 15'h day of
November, 2004.
By: /s/ Arnold Van Etten
ACCEPTANCE OF RESOLUTION NO. 386-04
I, Mark Fondell, representing Fondell
Excavating, Inc., having read the terms and
conditions of the foregoing Resolution No. 386-
04 and being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 15'h day of
November, 2004.
By: /s/ Mark Fondell
Cline moved adoption of the Resolution.
Seconded by Connors. Motion earned 6-0.
Asbury Plaza No. 12 - Final Plat: City
Manager recommending approval of the final
plat of Asbury Plaza No. 12 to facilitate
development of the new Star Cinema Theater
Complex at the northeast comer of Asbury Plaza
Shopping Center, subject to waiving the lot
frontage requirements for Lot 1, Lot 6 and Lot B,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Connors. Motion carried 6-0.
RESOLUTION NO. 387-04
A RESOLUTION APPROVING THE FINAL
PLAT OF ASBURY PLAZA NO. 12 IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Asbury Plaza No. 12 in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street
to be known as Plaza Drive (Lot A) together with
certain public utility and sewer easements,
which the owners by said final plat have
dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage
for Lot 1, Lot 6 and Lot B where 50 feet is
required by Section 42-19(b} of the Subdivision
Regulations; and
Whereas, the conceptual plan/preliminary plat
has been examined by the Zoning Advisory
Commission and had its approval endorsed
thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 and 3 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Plaza Drive
(Lot A) together with the easements for public
utilities, sanitary sewer, storm sewer and water
mains as they appear upon said final plat, be
and the same are hereby accepted; and
Section 2. That Section 42-1 9(b) of the
Subdivision Regulations is waived to allow Lot 1,
Lot 6 and Lot B to have 0 feet of lot frontage
where 50 feet is required.
Section 3. That the final plat of Asbury Plaza
No. 12 is hereby approved by the Mayor and
City Clerk are hereby authonzed and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners
of said property herein named, execute their
wntten acceptance hereto attached agreeing:
(a) To reduce Plaza Dnve (Lot A) to grade and
to construct concrete curb and gutter and to
hard surface with asphaltic concrete, or with
concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct a storm water detention
facility (Lot 5) in a manner acceptable to the City
Engineer, in accordance with the Ctly of
Dubuque standard specifications approved by
the City Engineer, and inspected by the City
Engineer.
(d) To install sidewalks along Plaza Drive in
accordance with the typical cross section and
improvement plans approved by the City
Engineer.
(e) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(f) To maintain the publiC improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
Regular Session, October 4, 2004
349
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said Asbury
Dubuque, L.L.C., as owners of said property,
shall secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such fonn and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 4. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all pubiic improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 5. That in the event Asbury Dubuque,
L.L.C. fails to execute the acceptance and
furnish the guarantees provided in Sections 2
and 3 hereof within 180 days after the date of
this Resolution, the provisions hereof shall be
null and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed, approved and adopted this 4'h day of
October 2004.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 387-04
I, Bob Dunning, representing Asbury Dubuque,
L.L.C., the undersigned, having read the terms
and conditions of the Resolution No. 387-04 and
being familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 4th day of October
2004.
/s/ Bob Dunning
Asbury Dubuque, L.L.C.
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
City Council Appointments: Appointment of
City Council Members to various
boards/commissions.
Council discussed the procedure to be used
for appointments to various boards and
commissions. It was stressed that all members
of the Council needed to serve on boards, that
they should attend the meetings of the ones they
are appointed to, and that no individual "owned"
a seat on any of the boards or commissions.
After further discussion it was determined that all
appointments would be reviewed at the first
meeting in January and until that time the
process for appointment would remain as it
currently is.
Nicholson moved that Council Member
Markham be appointed to replace him on the
Greater Dubuque Development Corporation.
Seconded by Michalski. Motion earned 6-0,
Michalski moved that Council Member
Nicholson be appointed to fill out the term on the
Airport Commission (previously held by
Markham). Seconded by Cline. Motion carried
6-0.
COUNCIL MEMBER REPORTS
Council discussed and praised the national
group, 'Watchable Wildlife Conference Planning
Team", which was holding their conference In
Dubuque. The group partnered with the hosting
community of Dubuque and numerous local
organizations on the construction of the
Universal Accessible Wildlife Pier at Heron
Pond.
Connors urged Council Members and citizens
to attend and participate in the Domestic
Violence observance on October 17th.
There being no further business, Nicholson
moved to adjourn. Seconded by Cline. Motion
carried 6-0. The meeting adjourned at 8:52
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
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350
Regular Session, October 18, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 18,
2004
Council met in Reguiar 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 Sister Kathy Lentsch,
OSF, Vice President of the Sisters of St. Francis
Proclamations: Red Ribbon Week (October 23
- 31, 2004) received by Brandon Schetgen of
Holy Ghost School; Childhood Lead Poisoning
Week (October 24 - 30, 2004) received by
Public Health Specialist Mary Rose Corrigan,
Michelle Lowe and Mike Buelow.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 10/4; Cable TV
Teleprogramming Commission of 10/5; City
Council of 10/4; Civil Service Commission of
9121; Community Development Advisory
Commission of 9/8; Environmental Stewardship
Advisory Commission of 10/5; Zoning Advisory.
Commission of 10/6, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Markham. Motion camed 7-0.
Proofs of publication of City Council
Proceedings of September 7, 13, 14 and 20,
2004 and List of. Claims and Summary of
Revenues for month ending August 31, 2004,
presented and read. Buol moved that the proofs
be received and filed. Seconded by Markham.
Motion carried 7-0.
City of Dubuque Financial Reports for month
ending September 30, 2004 (on file in the City
Clerk's Office), presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Notice of Claims/Suits: Robert Boynton for
vehicle damage; Mound Cny Bank vs. City of
Dubuque, et al; Pospisil Painting, Inc. for
material and labor costs; Amy Pitz for vehicle
damage; Lisa Pnce for vehicle damage; Robert
Waddick for property damage, presented and
read. Buol moved that the claims and suits be
referred to Legal for investigation. Seconded by
Markham. 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: Dawn Close for
vehicle damage, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Markham.
Motion earned 7-0.
Corporation Counsel recommending
settlement of the claims of Robert Boynton for
vehicle damage, Luther Manor for property
damage, Robert Waddick for property damage,
and Lisa Pnce for vehicle damage and directing
Finance Department to issue payment,
presented and read. Buol moved that the
communications be received and filed and
concurred and Finance Department to issue
proper payment. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending that the
claim of Amy Pitz for vehicle damage be referred
to River City Paving Company, presented and
read. Buol moved that the communication be
received and filed and concurred. Seconded by
Markham. Motion carried 7-0.
Key City Properties LLC - Preliminary Plat:
Zoning Advisory Commission recommending
approval of the preliminary plat of Key City
Properties Plat NO.2 located on North Cascade
Road in Dubuque County, as requested by Dave
Schneider/Key City Properties LLC, presented
and read. Buol moved that the communication
be received and filed and recommendation
approved. Seconded by Markham. Motion
carried 7-0.
Tamarack Business Park - Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of Lot 6, Lot 7 and Lot C
Tamarack S.E. Fourth Subdivision in Dubuque
County as requested by Jon Luckstead,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 388-04
RESOLUTION APPROVING THE FINAL PLAT
OF LOT 6, LOT 7 AND LOT C TAMARACK
Regular Session, October 18,2004
351
S.E. FOURTH SUBDIVISION IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a final piat of Lot 6, Lot 7 and Lot C
Tamarack S.E. Fourth Subdivision; and
Whereas, the final plat has been examined by
the Zoning Advisory Commission and has its
approval endorsed thereon, with the waiver of
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except for
Section 42-19, Blocks and Lots; and
Whereas, said final piat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Blocks and Lots.
Section 2. That the final plat of Lot 6, Lot 7
and Lot C Tamarack S.E. Fourth Subdivision is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said subdivision plat.
Passed, approved and adopted this 18th day of
October 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion earned 7-0.
Medical Associates Subdivision NO.2: Zoning
Advisory Commission recommending approval
of the final plat of Lot C-1, C-2, and C-3 Medical
Associates Subdivision No. 2 as requested by
CU-L1NKlMedical Associates Realty, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 389-04
RESOLUTION APPROVING THE FINAL PLAT
OF LOT C-1, LOT C-2 AND LOT C-3 OF
MEDICAL ASSOCIATES SUDIVISION NO.2 IN
THE CITY OF DUBUQUE. IOWA.
Whereas, there has been filed with the City
Clerk a Final Plat of Lot C-1, Lot C-2 and Lot C-
3 of Medical Associates Subdivision, NO.2 in the
City of Dubuque, Iowa; and
Whereas, upon said Final Plat appear a street
to be known as Associates Drive (Lot C-2) which
the owners by said Final Plat have dedicated to
the pUblic forever; and
Whereas, said Final Plat provides Lot C-1 with
1,507 square feet of lot area and Lot C-3 with
1,880 square feet of lot area, where 5,000
square feet of lot area is required; and
Whereas, the Final Plat has been examined by
the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said Final Plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Associates
Drive (Lot C-2) as it appears upon said Final
Plat, be the same are hereby accepted; and
Section 2. That Section 42-19(b} of the
Subdivision Regulations is waived to allow Lot
C-1 with 1,507 square feet of lot area and Lot C-
3 with 1,880 square feet of lot area where 5,000
square feet is required.
Section 3. That the Final Plat of Lot C-1, Lot
C-2 and Lot C-3 of Medical Associates
Subdivision, NO.2 is hereby approved and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said Final Plat, provided
the owners of said property herein named,
execute their written acceptance hereto
attached.
Section 4. Sidewalk installation shall be the
responsibility of the owner abutting the publiC
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been developed. All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
final plat.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council resolution.
Passed, approved and adopted this 18th day of
October 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion earned 7-0.
White Water Creek Bridge - Memorandum of
Understanding: City Manager recommending
approval of a Memorandum of Agreement
between the Federal Highway Administration,
State Historic Preservation Office, Dubuque
County, and the City of Dubuque, for relocation
of the historic White Water Creek Bridge,
352
Regular Session, October 18, 2004
presented and read. Buol
communication be received
recommendation approved.
Markham. Motion carried 7-0.
moved that the
and filed and
Seconded by
Dubuque Community School Distnct:
Communication from John L. Burgart,
Superintendent of the Dubuque Community
School Distnct, thanking the City for constructing
a new cul-de-sac on Tyler Road, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Citizen Communication: Communication from
Brenda Gerhard, 4950 Northrange Court,
regarding the Cedar Lake Plaza Planned Unit
Development public heanng and commending
the Council for their action, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0.
Legislative Correspondence:
Communication to Congressman Jim Nussle
requesting that he refrain from adding his name
to a letter being circulated by Representative
Pickering calling upon the FCC to conduct an
expedited proceeding to conclude that IP
enabled services are interstate in nature,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
City Manager advising that Congressman Jim
Nussle, consistent with the City's request, did
not sign the letter being circulated by
Representative Pickering, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0.
Communication from Senator Charles
Grassley advising that he has contacted the
Federal Emergency Management Agency and
the Army Corps of Engineers regarding the
costs incurred by the City for operating the
floodwall pumping stations during the flooding
disaster in May 2004, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carned 7-
O.
University of Dubuque: Communication from
Alan Burr, University of Dubuque, requesting to
purchase a portion of a city street/alley abutting
University of Dubuque property at the corner of
Lombard Street and Collins Street, presented
and read. Buol moved that the communication
be received and filed and referred to the City
Manager. Seconded by Markham. Motion
carried 7-0.
Assumption and Subordination of Mortgage
Obligation and Promissory Note; City Manager
recommending approval of an Assumption
Agreement and Mortgage Subordination
Agreement that will allow Denis Gioletti and
Richard Hatton to transfer responsibility for a
mortgage and promissory note to Jeffrey
Jackson, who is purchasing the commercial
property at 231 West 2nd Street, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carned 7-0.
RESOLUTION 390-04
RESOLUTION AUTHORIZING AN ASSUMP-
TION AGREEMENT AND A MORTGAGE
SUBORDINATION AGREEMENT IN REGARD
TO A MORTGAGE INTEREST IN THE
EASTERLY 40 FEET OF LOT 85 IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA.
Whereas, the City of Dubuque, Iowa holds a
Mortgage on property legally described as
follows:
The Easterly 40 feet of Lot 85 in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City provided a Downtown
Rehabilitation Loan to Frederick R. Bakey and
Patncia E. Bakey on November 20, 1995 for the
renovation of said property located at 231 W. 2"
Street and further agreed on September 17,
2001 to an assumption agreement and a
mortgage subordination agreement to facilitate
the sale of said property to Denis Gioletti and
Richard L. Hatton; and
Whereas, Denis Gioletti and Richard L. Hatton
are now proposing to sell said property to Jeffrey
L. Jackson; and
Whereas, Denis Gioletti and Richard L. Hatton
have asked the City to transfer their liability for
the mortgage and promissory note associated
with said property to Jeffrey L. Jackson; and
Whereas, the Assumption Agreement, hereto
attached and by this reference made a part
hereof, sets forth the terms and conditions ofthe
agreement; and
Whereas, Livingston State Bank requests the
City subordinate its interest in said property by
executing a Mortgage Subordination Agreement
for a Real Estate Mortgage filed November 22,
1995, as Instrument No. 12265-1995 of the
records of Dubuque County, Iowa, and;
Whereas, the Mortgage Subordination
Agreement, hereto attached and by this
reference made a part hereof, sets forth the
terms and conditions of the agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Assumption Agreement
attached hereto is hereby approved and the
Mayor and City Clerk are hereby authorized and
Regular Session, October 18, 2004
directed to execute said Assumption Agreement
on behalf of the City of Dubuque, Iowa.
Section 2. That the Mortgage Subordination
Agreement attached hereto is hereby approved
and the Mayor and City Clerk are hereby
authonzed and directed to execute said
Mortgage Subordination Agreement on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day
of October 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
Code of Ordinances - Supplement No. 62:
City Manager recommending approval of the
adoption of Supplement No. 62 to the Code of
Ordinances, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 391-04
ADOPTING SUPPLEMENT NO. 62 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council" pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to
and including December 19,1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 62 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 34-04 enacted through May 17, 2004 and
prepared by the Sterting Codifiers, Inc, Coeur D'
Alene, ID hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion earned 7-0.
Federal Communications Commission:
Communication to Michael Powell, Chairman of
353
the Federal Communications Commission
regarding review of the emergency alert system,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Dubuque River Rides: Communication from
Nancy M. Webster, President and Chief
Executive Officer - Dubuque River Rides,
requesting to extend their lease with the City of
Dubuque for an additional eight-year term,
presented and read.
After discussion of obtaining necessary
additional information, Buol moved to table this
matter to the next Council meeting. Seconded
by Markham. Carried by the following vote:
Yeas-Buol, Connors, Duggan, Michalski,
Markham. Nays-Cline, Nicholson.
Great American Main Street Award: Dan
LoBianco, Dubuque Main Street, Ltd, requesting
a Resolution of endorsement from the City of
Dubuque for inclusion in their application for the
2005 Great Amencan Main Street Award,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 392-04
IN SUPPORT OF THE 2005 GREAT
AMERICAN MAIN STREET AWARDS
APPLICATION OF DUBUUE MAIN STREET,
LTD.
Whereas, the economic health and cultural
vibrancy of downtown Dubuque is crucial to the
overall well-being of the City of Dubuque, Iowa;
and
Whereas, the City of Dubuque works in
cooperation with Dubuque Main Street Ltd. to
coordinate a downtown revitalization program
aimed at the creation and retention of jobs,
prevention and eiimination of slum and blight,
enhancement of the local tax base and the
capturing of private investment; and
Wihereas, the City of Dubuque has
experienced significant investment in pUblic
improvements, fa<;ade improvements, building
rehabilitation and real estate sales in Downtown
Dubuque since the inception of Dubuque Main
Street Ltd.; and
Whereas, the City of Dubuque believes that
downtown revitalization in Dubuque represent
an important part of the city's quality of life.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of
Dubuque fully supports Dubuque Main Street
Ltd.'s entry into the Great American Main Street
Awards competition.
354
Regular Session, October 18, 2004
Section 2. The Mayor is hereby authonzed
and directed to sign this resolution on behalf of
the City of Dubuque.
Passed, approved, and adopted this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 393-04
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.
NEW
Hy-Vee Gas # 2 Hy-Vee Inc
2435 N.w. Artenal
Passed, approved and adopted this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 394-04
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
J.P. O'Hara Inc Happy Joes Ice CreamlPizza
Parlor + (Sunday Sale) 855 Century
CLASS "C" BEER PERMIT
Hy-Vee Inc. Hy-Vee Gas # 2+
(Sunday Sale) 2435 NW Arterial
Passed, approved and adopted this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 395-04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER/LIQUOR LICENSE
DAMA Corp Rainbow Loun~e+
(Sunday Sale) 36 W. 4 St
Sun's Corp. Yen Ching Restr
926 Main St
Carolyn Fonck Channel Inn Rest
2010 11, Kerper Blvd
CLASS "B" NATIVE WINE
P.S. I Love You, Inc. P.S. I Love You
730 Main St
Passed, approved and adopted this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion earned 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Reallocation of General Obligation Bonds
Series 2002C: City Manager recommending that
a public hearing be set for November 1, 2004 to
consider the reallocation of General Obligation
Bond proceeds for use on the new Municipal
Services Center, presented and read. Cline
moved that the communication be received and
filed. Seconded by Nicholson. Motion carned 7-
O.
RESOLUTION NO. 396-04
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSAL TO REALLOCATE
CERTAIN UNSPENT PROCEEDS OF THE
GENERAL OBLIGATION BONDS, SERIES
2002C, OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, pursuant to a Resolution
approved on November 18, 2002, the City
Council of the City of Dubuque, Iowa has
previously issued its General Obligation Bonds,
Series 2OO2C, in the aggregate pnncipal amount
of $3,105,000 (the "Series 2002C Bonds"), for
the purpose of paying costs of the acquisition,
construction, improvement and equipping of
watelWorks and water main extensions,
including water treatment plant facilities and
water main extensions and improvements and
refunding and refinancing certain outstanding
indebtedness of the City, consisting of the
Regular Session, October 18,2004
355
General Obligation Bonds, Series 1994, dated
May 1,1994; and
WHEREAS, certain proceeds of the Series
2002C Bonds remain unspent, and Cijy staff has
recommended that not to exceed $205,000 of
such unspent proceeds (the "Unspent
Proceeds") be applied for the purpose of paying
a portion of the costs of the Municipal Services
Center project; and
WHEREAS, there being no procedure
specified under Iowa law for consideration or
approval of such a reallocation, ij is hereby
determined, pursuant to Section 364.6 of the
Code of Iowa, that the procedure set forth in
Section 384.25 should apply and that a hearing
be held upon the proposal to reallocate the
Unspent Proceeds to provide funds for the
Municipal Services Center project.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the
Auditonum, Carnegie-Stout Public Library,
Dubuque, Iowa, at 6:30 o'clock P.M., on the 1st
day of November, 2004, for the purpose of
taking action on the matter of the proposed
reallocation of the Unspent Proceeds of the
Series 2002C Bonds to provide funds to pay a
portion of the costs of the Municipal Services
Center project.
Section 2. That the City Clerk is hereby
directed to cause one publication to be made of
notice of said meeting, in a legal newspaper,
pnnted wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be not less than four clear days nor more than
twenty days before the date of said public
meeting.
Section 3. The notice of the proposed action
shall be in substantially the following form:
NOTICE OF MEETING OF THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED
REALLOCATION OF CERTAIN UNSPENT
PROCEEDS OF THE GENERAL OBLIGATION
BONDS, SERIES 2002C, OF THE CITY OF
DUBUQUE, IOWA, AND THE PUBLIC
HEARING THEREON
PUBLIC NOTICE is hereby given that the
Council of the City of Dubuque, Iowa, will hold a
public hearing on the 1 st day of November,
2004, at 6:30 o'clock P.M., in the Auditonum,
Carnegie-Stout Public Library, Dubuque, Iowa,
at which meeting the Council proposes to take
additional action for the reallocation of certain
unspent proceeds of the General Obligation
Bonds, Senes 2002C, of the City of Dubuque,
Iowa (the "Series 2002C Bonds"), in the
aggregate amount of not to exceed $205,000, in
order to provide funds to pay a portion of the
costs of the Municipal Services Center project.
Any person interested may appear at the public
hearing, either orally or in writing, and be heard
as to the reallocation of said proceeds of the
Series 2002C Bonds for the above purposes.
This Notice is given by order of the Council of
Dubuque, Iowa, as provided by Sections 364.6
and 384.25 of the Code of Iowa, 2003, as
amended.
Dated this 22nd day of October, 2004.
Jeanne F. Schneider,
City Clerk of Dubuque, Iowa
(End of Notice)
PASSED AND APPROVED this 18th day of
October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution with
date of Public Hearing to be 11/1/04 at a
meeting to commence at 6:30 P.M. in the Library
Auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission:
Environmental Stewardship Advisory
Commission (Two 3-year terms through 10/1/07
- terms of Buelow and Nemmers) Applicants:
Michael J. Buelow, John T. Nemmers. Mr.
Buelow spoke requesting consideration for
appointment.
Appointments to the following Commission:
Environmental Stewardship Advisory
Commission (Two three-year terms through
10/1/07 and one vacant youth term through
6/1/05) Appiicant: Chad M. Chase - Youth.
Michalski moved that Chad M. Case be
appointed as the Youth representative to the
Environmental Stewardship Advisory
Commission for a term to expire 6/1/05.
Seconded by Connors. Motion carried 7-0.
Markham moved that Michael J. Buelow and
John T. Nemmers be reappointed to three year
terms on the Environmental Stewardship
Advisory Commission which will expire 10/1/07.
Seconded by Nicholson. Motion carried 7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Connors. Motion earned 7-0.
Zoning Ordinance Text Amendment: Proof of
publication on notice of heanng to consider a
text amendment to Appendix A (the Zoning
Ordinance) of the Code of Ordinances to provide
for separation of adult entertainment
356
Regular Session, October 18, 2004
establishments from school property by
providing a 1,200 foot separation to help buffer
residential and institutional districts from adult
entertainment establishments, presented and
read. Markham moved that the proof of
publication be received and filed. Seconded by
Buol. Motion carned 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by amending Section 4-8.3(1} of
the Zoning Ordinance regulations governing the
location and spatial separation of adult
entertainment establishments to provide for a
1,200 foot separation of school properties from
adult entertainment uses, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 75-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 4-8.3(1) OF THE
ZONING ORDINANCE REGULATIONS
GOVERNING THE LOCATION AND SPATIAL
SEPARATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS TO PROVIDE FOR A
1,200 FOOT SEPARATION OF SCHOOL
PROPERTIES FROM ADULT
ENTERTAINMENT USES.
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 repealing
Section 4-8.3(1) and adopting the following new
Section 4-8.3(1) governing the location and
spatial separation of adult entertainment
establishments and establishing a 1,200
separation between all public or private
(parochial) primary and secondary school
properties (K-12) and adult entertainment
establishments stating:
(1) "Adult entertainment may be established
within a commercial zoning distnct or any
industrial zoning district, but not within one
thousand two hundred feet (1,200') of any
residential or institutional distnct and any public
or private (parochial) pnmary or secondary
school property (K-12) approved by the Iowa
State Board of Public Instruction."
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
iaw.
Passed, approved and adopted this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 22"" day of October, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t 10122
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pnor 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 Buol. Motion earned 7-0.
Widening of Asbury Road at the Northwest
Arterial Project: Proof of publication on notice of
hearing to consider the Widening of Asbury
Road at the Northwest Arterial Project and City
Manager recommending award of the contract to
Portzen Construction in the amount of
$59,165.50, presented and read. Buol moved
that the proof be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 397-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 29'h day of September, 2004,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Widening of Asbury Road
at the Northwest Artenal.
Whereas, notice of heanng on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 18th day
of October, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 398-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Widening of
Asbury Road at the Northwest Arterial Project
pursuant to Resolution No. 383-04 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 8th day of
October, 2004.
Whereas, said sealed proposals were opened
and read on the 12th day of October, 2004, and it
has been determined that the bid of Portzen
Construction, Inc. of Dubuque, Iowa, in the
Regular Session, October 18,2004
357
amount of $59,165.50 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Portzen Construction, Inc. and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authonzed and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 18th day
of October, 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.
Michalski moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
Chamber of Commerce Convention and
Visitors Bureau: Request of Sue Czeshinski,
Director - Convention and Visitors Bureau, to
provide the Convention and Visitors Bureau
report, presented and read. Michalski moved
that this report be tabled to the 11/1/04 Council
Meeting. Seconded by Nicholson. Motion
carried 7-0.
Code of Ordinances - Chapter 5 - Alcoholic
Beverages (Third Reading): Communication
from Kate Zanger, Vice President for Student
Life - Clarke College, urging the Council to vote
yes on the proposed city ordinances related to
alcohol and submitting an article from the USA
Today regarding this issue, presented and read.
Buol moved that the communication be received
and filed. Seconded by Michaiski. Motion carried
7-0.
An Ordinance Amending Chapter 5 Alcoholic
Beverages of the City of Dubuque Code of
Ordinances by enacting a new Section 5-9
prohibiting buffet sales of alcoholic liquor, wine
or beer, said Ordinance having been presented
and read at the Council Meetings of September
20, 2004 and October 4, 2004, now presented
for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 76-04
AMENDING CHAPTER 5 ALCOHOLIC
BEVERAGES OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY ENACTING A
NEW SECTION 5-9 PROHIBITING BUFFET
SALES OF ALCOHOLIC LIQUOR, WINE OR
BEER
Whereas, the Dubuque Area Substance Abuse
Coalition and its Binge Drinking Subcommittee
have requested the City Council to investigate
ways to address concerns associated with binge
drinking; and
Whereas, the Subcommittee consists of
members of Loras College, Clarke College and
the University of Dubuque, Northeast Iowa
Community College and Helping Services of
Iowa; and
Whereas, the Presidents of Loras College,
Clarke College and the University of Dubuque
have also requested that the City Council take
action to address binge drinking; and
Whereas, the City Council is concerned about
the problem of binge drinking related to college
students and other 18-20 year olds and their use
of alcohol; and
Whereas, the City Council has been presented
with the results of the Harvard School of Public
Health College Alcohol Study, an ongoing
survey of more than 50,000 students at 140
four-year colleges located in 40 states; and
Whereas, the study shows that access to an
unlimited amount of alcohol for a flat fee
increases the number of drinks in a sitting by 1.6
drinks; and
Whereas, the City Council finds that increasing
the price of alcohol through eliminating pnce
specials and promotions will most likely reduce
moderate and heavy drinking by college
students and younger drinkers; and
Whereas, the City Council finds that one of the
means to accomplish that goal is to end special
price promotions that lower prices, so-called
"buffet dnnking" specials.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 5 of the City of Dubuque
Code of Ordinances is hereby amended by
enacting a new Sec. 5-9, Buffet Sales
Prohibited, as follows:
Sec. 5-9. Buffet Sales Prohibited:
<a} The holder of a liquor license or wine or
beer permit or the holder or permittee's
employees or agents shall not sell, offer to sell,
dispense, or serve for purpose of on-premises
consumption an unlimited number of servings of
alcoholic liquor, wine, or beer for a fixed price.
(b) Nothing in this section shall prohibit the
holder of a liquor control license or wine or beer
permit, or the holder or permittee's employees or
agents, from:
(1) including servings or drinks of alcoholic
liquor, beer, or wine as part of a hotel or motel
358
Regular Session, October 18, 2004
package which includes overnight
accommodations;
(2) Providing a fixed price for an unlimited or
indefinite amount of drinks for a private event,
which is defined as an event restncted to a
particular group or persons, provided that the
iicensee or permittee shall provide the means or
method by which to identify persons participating
in private events, such as use of a private room
or a physical means to identify such participants;
or
(3) Selling, offenng to sell, dispensing, or
serving for purpose of on-premises consumption
an unlimited number of servings of alcoholic
liquor, wine, or beer for a fixed pnce if permitted
for a special event by the City Council.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 18th day of
October, 2004.
/slTerrance M. Duggan, Mayor
Attest: Is/Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 22"' day of October, 2004.
Is/Jeanne F. Schneider, CMC, City Clerk
1t 10122
Buol moved final consideration and passage of
the Ordinance. Seconded by Michalski. Motion
carried 7-0.
An Ordinance amending Chapter 5 Alcoholic
Beverages of the City of Dubuque Code of
Ordinances is amended by adding the
definitions of restaurant and kitchen facility to
Section 5-2 and amending Section 5-7.2
prohibiting persons under the legal age from
remaining on the premises where alcoholic
liquor is sold or dispensed thirty minutes after
any restaurant on the licensed premises is
closed, said Ordinance having been presented
and read at the Council Meetings of September
20, 2004 and October 4, 2004, now presented
for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 77-04
CHAPTER 5 ALCOHOLIC BEVERAGES OF
THE CITY OF DUBUQUE CODE OF.
ORDINANCES IS AMENDED BY ADDING THE
DEFINITIONS OF RESTAURANT AND
KITCHEN FACILITY TO SECTION 5-2 AND
AMENDING SECTION 5-7.2 PROHIBITING
PERSONS UNDER THE LEGAL AGE FROM
REMAINING ON THE PREMISES WHERE
ALCOHOLIC LIQUOR IS SOLD OR
DISPENSED THIRTY MINUTES AFTER ANY
RESTAURANT ON THE LICENSED
PREMISES IS CLOSED
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 5-2 of the City of Dubuque
Code of Ordinances is amended to add the
following definitions:
Restaurant: A commercial establishment
where the usual and customary business is the
serving of meals to consumers and which
includes a kitchen facility.
Kitchen Facilitv: A facility with a sink with
piped water, non-portable cooking equipment,
such as ranges, cook stoves, or a cook top with
oven, and refrigerator, located with the same
building.
Section 2. Sec. 5-7.2(a) of the City of
Dubuque Code of Ordinances is amended to
read as follows:
Sec. 5-7.2 (a). Underage Persons Prohibited
From Premises Where Alcoholic Liquor Is Sold
Or Dispensed:
It shall be unlawful for any person under the
age for lawful purchase and/or possession of
aicoholic beverages to enter or remain upon any
premises between the hours of nine o'clock
(9:00) P.M. and closing where more than thirty
five percent (35%) of the business conducted on
such premises is the sale or dispensing of liquor,
wine or beer except as set forth in subsection (b)
of this section. The phrase "business conducted
on such premises" shall be defined as the total
business revenue generated on such premises
during the previous calendar year.
If the establishment otherwise qualifies under
the foregoing thirty-five percent (35%) critena,
and has one or more restaurants in the building,
no person under the legal age shall remain on
the premises thirty minutes after any restaurant
on the licensed premises closes.
Section 3. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 18th day of
October, 2004Errorl Reference source not
found..
/slTerrance M. Duggan, Mayor
Attest: Is/Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 22"" day of October, 2004.
/s/ Jeanne F. Schneider, CMC, City Clerk
1\ 10122
Buol moved final consideration and passage of
the Ordinance. Seconded by Michalski. Motion
carried 7-0.
Achievement Award for Economic
Development from the International Downtown
Association: Receipt of the Achievement Award
for Economic Development from the
International Downtown Association, presented
and read. Cline moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Dubuque Main Street, LId: Receipt of the Best
Public Improvement ProjectlNew Construction
Regular Session, October 18, 2004
Award for the Grand River Center; Best
Promotional Event/Partnership Effort Award for
the Grand Excursion; and the Best Partnership
Planning Effort Award for the Downtown
Dubuque Master Plan from Dubuque Main
Street, Ltd., presented and read. Cline moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Markham stated that the Saturday morning
closing of Wacker Drive with no previous
warning was unacceptable and requested a
letter to that effect be sent to Iowa Department
of Transportation.
At 6:59 P.M. Buol moved to go into Closed
Session, Pending Litigation - Chapter 21.5(1)(c)
2003 Code of Iowa. Seconded by Connors.
Motion carried 7-0.
At 7:13 P.M. Council reconvened regular
session stating staff had been given proper
direction.
There being no further business, Buol moved
to adjoum. Seconded by Connors. Motion
carried 7-0.
The meeting adjourned at 7:14 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10127
/, .I .
Approved: /~>"'>>;;:?;t/l ?:,
Adopted
Attest:
/)..., '/.-,-'
,/ /. //' // /
/yty Clerk
.-'-' ,- /
'--._' -' I
/ ,..//" .'j/ /
,,/ ". " F _ - /,'
359
2004
2004
,
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.