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STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
ITAMMY M. FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that the attached notice was published
in said newspaper on the following dates J LL n ee /
, 20 GIB , and for which the charge is $
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
this /a7X day of 20 e" a--
NotaryPublic in and for Dubuq(fe County, Iowa
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
OFFICIAL
Council met for Dinner at 5:00
P.M. in the Library Rotunda
City Council, Special
Session, June 3, 2002
Council met in Special
Session at 5:37 P.M. in the
Library Auditorium
Present: Mayor Duggan,
Council Members Buol, Cline,
Connors, Markham, Michalski,
Nicholson, City Manage
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call
and stated this is the special
session of the City Council
called for the purpose of dis-
cussing the Stormwater Utili
Fund.
A presentation was given by
Dan Lau and Steve Sedgwick
of CDM. Tony Zelinskas of
WHKS was also present.
At 6:28 P.M. there being no
further business, upon motion
special session adjourned.
/s/ Jeanne F. Schneler, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
OFFICIAL
City Council, Regular
Session, June 3, 2002
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
Michael Van Milligen,
Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call_
and stated this is the regular
session of the City Council
called for the purpose of act-
ing upon such business which
may properly come before the
City Council.
Invocation was given by
Reverend David Pacholke,
Chaplain, The Finley Hospital.
Proclamations: Rising Stars,
Independent League Days
(June 8 and 9, 2002) received
by three team members of
"The Reds;" Apples for
Students Months (June and
July, 2002) received by Tasha
Weitl of St. Mark Community
Center.
CONSENT ITEMS
Minutes Submitted: City_
Council of 5/20; Downtown
Planning Committee of the
Long Range Planning Advisory
Commission of 5/13;
Enterprise Zone Commission
of 4/25; Housing Trust Fund of
5/10; Long Range Planning
Advisory Commission of 5/15,
upon motion received and
filed.
Notice of Claims/Suits:
Dodds River Terminal, Inc.,
Molo Oil Company, Mulgrew
Oil Company, DR BE
Properties, L.L.C., and Iowa
Oil Company vs. City of
Dubuque, Iowa and the City
Council of the City of
Dubuque, Iowa; Mary M.
Huseman in undetermined._
amount for property damage;
Gary Newt and Karen Newt,
Newt Marine, Inc., Dubuque
Barge and Fleeting Service,
Inc. d/b/a/ Newt Marine and
Dubuque Terminals, Inc. vs.
the City of Dubuque, Iowa;
Marissa Schultz in estimated
amount of $511.40 for vehicle
damage; Terrance J._
Weidemann and Linda M.
Weidemann vs. the City of
Dubuque, Iowa and the City
Council of the City of
Dubuque, Iowa, upon motion
referred to the Legal Staff for
investigation and report.
' Corporation Counsel recom-
mending that the claim of John
Noel for property damage be,_
forwarded to Horsfield
Construction, Inc., upon
motion received and filed and
concurred.
Corporation Counsel recom-
mending that the claim of John
Kivlahan for property damage
be denied, upon motion
received and filed and con-
curred.
Residential Parking Permit
District Petition: Petition con-
taining 28 signatures request-
ing that a residential parking
permit district be established
to include all of Green Street
from Asbury to Algona and
Avoca Street from Green to
Cherry Street, upon motion
received and filed and referred_
to the City Manager.
Dubuque Racing Association:
City Manager recommending
approval of a request from the
Dubuque Racing Association
to amend the 2002 DRA capi-
tal improvement schedule,
upon motion received and filed
and approved recommenda-
tion. --
Grand Opera House:
Communication from the
Historic Preservation
Commission recommending
the nomination of the Grand
Opera House to the National
Register of Historic Places,
upon motion received and filed
and approved recommenda-
tion.
Lead Hazard Reduction
Grant: City Manager recom-
mending execution of an appli-
cation to the U.S. Department
of Housing and Urban
Development for the Continua-
tion of the Lead Based Paint
Hazard Prevention Program,
upon motion received and
filed. Buol moved adoption of_
Resolution No. 276-02
Authorizing the Mayor to exe-
cute an application for a Lead
Based Paint Hazard Reduction
Grant. Seconded by Cline.
Motion carried 7-0.
Healthy Homes Grant: City
Manager recommending exe-
cution of an application to the
U.S. Department of Housing„
and Urban Development for a
Healthy Homes Initiative
Demonstration Grant to pro-
mote cost-effective measures
to correct multiple safety and
health hazards in home envi-
ronments, upon motion
received and filed. Buol
moved adoption of Resolution
No. 277-02 Authorizing the
Mayor to execute an applica-
tion for a Healthy Homes
Initiative Demonstration Grant.
Seconded by Cline. Motion
carried 7-0.;.
Hillcrest Family Services
HOPES Project: City Manager
recommending approval of the
publication of the Combined
Notice of No Significant,
Impact on the Environment
and Notice of Intent to
Request Release of Funds for
the Hillcrest Family Services
HOPES Project, upon motion
received and filed. Buol
moved adoption of Resolution
No. 278-02 Authorizing publi-
cation of a Combined Notice
of Finding of No Significan
Impact on the Environment
and Notice of Intent to
Request Release of Funds for
Hillcrest Family Services
HOPES Project. Seconded by
Cline. Motion carried 7-0.
Penalties for Tobacco Permit
Holders: City Manager recom-
mending that a hearing be held
on June 17, 2002 to consider
assessing the appropriate civil
penalty for underage tobacco
sales to eleven tobacco permit
holders, upon motion received
and filed and set hearing for
6/17/02.
Algona Street Reconstruction
Project: City Manager recom-
mending adoption of the final
schedule of assessments for
the Algona • Street
Reconstruction Project, upon
motion received and filed.
Buol moved adoption of
Resolution No. 279-02
Adopting the final assessment
schedule for the Algona Street
Reconstruction Project includ-
ing certain information
required by the Code of Iowa
specifically, the number of
annual installments into which
assessments are divided, the
interest of all unpaid install-
ments, the time when the
assessments are payable and
directing the Clerk to certify
the final schedule and to pub-
lish notice thereof. Seconded
by Cline. Motion carried 7-0.
Audubon Society Bulletin
Board: City Manager recom-
mending acceptance of the
donation of a bulletin board by
the Dubuque Audubon Society
to be installed in the park area
on the west side of the East
15th Street Stormwater
Detention Basin near the
wildlife observation shelter,
upon motion received and filed
and approved recommenda-
tion.
Bergfeld Recreation Area
Jetty and Access Trail Project:
City Manager recommending
acceptance of the Bergfeld
Recreation Area Jetty and
Access Trail Project in the final
contract amount o
$68,779.89, upon motion
received and filed. Buol
moved adoption of Resolution
No. 280-02 Accepting
improvement and Resolution
No. 281-02 Approving final
estimate. Seconded by Cline.
Motion carried 7-0.
2001 Harbor Maintenance
Dredging Project: City
Manager recommending
acceptance of the 2001
Harbor Maintenance Dredging
Project in the final contract
amount of $83,708.95, upon
motion received and filed.
Buol moved adoption of
Resolution No. 282-02
Accepting improvement and
Resolution No. 283-02
Approving final estimate.
Seconded by Cline. Motion
carried 7-0.
Transfers Between City of
Dubuque Bank Accounts: City
Manager recommending
authorization for certain
Finance Department employ-
ees to obtain information and
transfer money between City
of Dubuque bank accounts,
upon motion received and
filed. Markham moved adop-
tion of Resolution No. 284-02
Authorizing certain City of
Dubuque Finance Department
employees to obtain bank
account information and make
transfers between City of
Dubuque bank accounts with-
in a banking institution.
Seconded by Cline. Motion
carried 7-0.
United States Environmental
Protection Agency:
Communication from the
United States Environmental
Protection Agency advising
that the City of Dubuque has
been selected as one of th-
pilots with whom EPA will pur
sue negotiations to award a
Brownfields Assessment Pilot
cooperative agreement, upon
motion received and filed.
Mediacom: Communication
from Mediacom advising of a
change in their channel line-up
for Dubuque customers, pre-
sented and read. Council
questioned the proposed
Cable changes, especially the
removal of MoviePlex -
Channel 75. Duggan stated he
is on record as this being
unacceptable. Nicholson
moved that this communica-
tion be received and filed and
that direction is given to send
a letter of protest to Mediaco
to the action of taking Ch. 75
off and also objecting to the
proposed package and rate
changes. Seconded by
Michalski. Motion carried 7-0.
Business Licenses: Buol
moved adoption of Resolution
No. 285-02 Granting the
issuance of one new permit to
sell cigarettes and cigarette
papers within the City to M & Z
Food; Resolution No. 286-02
Granting the issuance of twen-
ty-nine renewal permits to sell
cigarettes and cigarette
papers within the City;
Resolution No. 287-02
Granting the issuance of a
Class "C" Beer Permit to
Cedar Cross Amoco, Hy-Ve
Store, and M & Z Food; and
Resolution No. 288-02
Granting issuance of a Class
"C" Beer/Liquor License to
Jake's, Dubuque Bowling
Lanes and Jym's Bar; Special
Class "C" Liquor License to
Four Seasons Buffet and
Mama Cassetti's; and Class
"B" Wine Permit to Hy-Vee
Food Store. Seconded by
Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council to
express their desire to serve
on the following Boards /
Commissions:
Electrical Code Board (Five 3-
year terms/Five vacancies);,
Applicants: James Dixon, Dan
Hammel, Kevin Pfohl, David A.
Pregler, Elaine L. Reiss. No
one spoke.
Environmental Stewardship
Advisory Commission (One 1-
year youth term); Applicant:
Michael Hirsch. Mr. Hirsch
spoke requesting considera-
tion for appointment.
Appointments to the follow-
ing Commissions:
Civil Service Commission
(Mayor appointment with
Council concurrence - One 4-
year term to expire 4/6/06):
Applicant: Loras Kluesner.
Mayor appointed, with concur-
rence of Council, Loras
Kluesner for four year term,
which will expire April 6, 2006.
Investment Oversight
Commission: (One 3-year
term to expire 7/1/05);
Applicant: Charles Spielman.
Upon motion Charles
Spielman reappointed to a
three year term which will
expire July 1, 2005.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Vacating of Henion and
Helena Streets: Proof of pub-
lication on notice of hearing
and City Manager recom-
mending approval of the
vacating and sale of Helena
Street and a portion of Henion
Street to Loras College, upon
motion received and filed.
Steve Schmall of Loras
College spoke in support of
the request. Markham moved
adoption of Resolution No.
289-02 Disposing of City inter-
est in Lots 1A and 2A of
Hodgdon's Subdivision,
Dubuque, Iowa. Seconded by
Cline. Motion carried 7-0.
Old Highway 20 Water Main
Extension Project: Proofs of
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
Old Highway 20 Water Mai
Extension Project to
McDermott Excavating in the
amount of $101,867.90, upon
motion received and filed.
Cline moved adoption of
Resolution No. 290-02
Adopting plans and specifica-
tions for the project and
Resolution No. 291-02
Awarding contract to
McDermott Excavating.
Seconded by Nicholson.
Motion carried 7-0.
City Hall First Floor
Remodeling Project - First
Floor Ceiling: Proofs of publi-
cation 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
City Hall First Floor
Remodeling Project - First
Floor Ceiling to Tricon
Construction Group in the
amount of $56,000, upon
motion received and filed.
Cline moved adoption of
Resolution No. 292-0
Adopting plans and specifica-
tions for the project and
Resolution No. 293-02
Awarding contract to Tricon
Construction Group.
Seconded by Cline. Motion
carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
By request of applicant the
following two items removed
from the Agenda:
45 West 13th Street -
Request for Demolition Permit:
Historic Preservation
Commission recommending
approval of a request from
Dubuque Bank and Trust t
demolish a structure located at
45 West 13th Street to provide
parking for the planned reha-
bilitation of the Bell Block and
Zieprrecht Buildings (former
Walsh Store).
1300 - 1322 Iowa Street -
Request for Demolition Permit:
Historic Preservation
Commission recommendin
approval of a request from
Dubuque Bank and Trust to
demolish a structure located at
1300 - 1322 Iowa Street (True
Value) to provide parking for
the planned rehabilitation of
the Bell Block and Zieprrecht
Buildings (former Walsh Store).
Plumbing Code: City
Manager recommending
adoption of the 2000 Uniform
Plumbing Code (UPC) pub-
lished by the International
Association of Plumbing and
Mechanical Officials (IAPMO),
upon motion received and
filed. Ordinance No. 42-02 of
the City of Dubuque, Iowa pro-
viding that the Code of
Ordinances, City of Dubuque,
Iowa be amended by repealing
Section 37-1 thereof and
enacting a new Section 37-1
thereof pertaining to revising
and reenacting a Plumbing
Code for the City of Dubuque,
Iowa and providing for the
issuance of permits and col-
lection of fees therefore, pre-
sented and read. 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 fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Markham
Motion carried 7-0.
Historic Buildings Code: City
Manager recommending
adoption of the Dubuque
Historic Buildings Code, upon
motion received and filed.
Ordinance No. 43-02
Amending the City of Dubuque
Code of Ordinances Chapter
11 by adding a new Article V
Historic Buildings, providing
alternative building standards
for preserving or restoring
buildings or structures desig-
nated as historic buildings and
providing for the administra-
tion and enforcement of said
standards, presented and
read. Buol moved that the
requirement that a propose
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 con-
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
International Residenti
Code: City Manager recom-
mending adoption of the 2000
International Resic''sntial Code
(IRC) published by the
International Code Coun(
Inc., six amendments recoi
mended by the Building Co
Board of Appeals, a
Appendix F, and communic
tion from the Environmen
Stewardship Advise
Commission in support
Appendix F (Radon Cont
Methods), upon moti
received and filed.
Ron Smith, as a contrac
and on behalf
Homebuilders, spoke in opr
sition to the addition
Appendix F - Radon cons
methods.
Bill Niemann, as a member
the Environmen
Stewardship Advise
Commission, spoke in supp
of the addition of Appendix
Radon control methods.
Ordinance No. 44-
Amending the Code
Ordinances, City of Dubuq
Iowa by adding and enact
new Sections 11-5 and 1
thereof adopting the 2(
International Residential Cc
for the City of Dubuque, lc
and providing for the issuar
of permits and collection
fees therefore, presented
read. Michalski moved t
the requirement that a I:
posed Ordinance be con;
ered and voted on for pass,
at two Council Meetings p
to the meeting at which it i;
be finally passed be suspe
ed and further moved f
consideration and passage
the Ordinance. Secondec
Nicholson. Vote on the ma
was as follows: Yea
Nicholson, Michalski. Nay
Buol, Cline, Connors, Dugg
Markham. Motion Fai
Markham moved that
requirement that a propo
Ordinance be considered
voted on for passage at
Council Meetings prior to
meeting at which it is to
finally passed be suspen
and further moved final c
sideration and passage of
Ordinance, as amended to
include Appendix F Ra
control methods. . Secon
by Buol. Motion carried 7-
International Building C(
City Manager recommeni
adoption of the 2
International Building C
(IBC) published by
International Code Cou
Inc., upon motion received
filed. Ordinance No. 4;
Amending the Code
Ordinances, City of Dubul
Iowa by repealing Section
1 and Section 11-2 and en
ing new Sections 11-1 and
2 thereof adopting the
International Building Cod
the City of Dubuque, lows
providing for the issuanc
permits and collection of
therefore, presented and r
Buol moved that the req
ment that a prop(
Ordinance be considered
voted on for passage at
Council Meetings prior tc
meeting at which it is t(
finally passed be suspen
and further moved final
sideration and passage o
Ordinance. Seconder
Markham. Motion carried
Electrical Code:
Manager recommen
adoption of the 2002 Nat
Electric Code (NEC) publi
by the National Fire Prote
Association (NFPA),
motion received and •
Ordinance No. 4
Amending the Code
Ordinances, City of Dubi
Iowa by repealing Section
1 thereof and enacting a
Section 18-1 pertainin
revising and reenactinc
Electrical Code for the C
Dubuque, Iowa and prov
for the Issuance of permit;
collection of fees there
presented and read.
moved that the require
that a proposed Ordinan(
considered and voted o
passage at two Cc
Meetings prior to the ME
at which it is to be f
passed be suspended ar
ther moved final consider
and passage of the Ordin
Seconded by Mich
Motion carried 7-0.
Heating, Air Conditionir
Ventilating (Mechanical)
City Manager recomme
adoption of the 2000 Ur
r
ty
I
City Manager
approval of the
the Combined
o Significant,
e Environment
of Intent to
se of Funds for
amily Services
t, upon motion
filed. Buol
n of Resolution
rthorizing publi-
imbined Notice
No Significan
e Environment
of Intent to
se of Funds for
nily Services
1. Seconded by
^arried 7-0.
tobacco Permit
tanager recom-
hearing be held
)02 to consider
appropriate civil
ierage tobacco
tobacco permit
notion received
set hearing for
Reconstruction
tanager recom-
lion of the final
ssessments for
na Street
Project, upon
ed and filed.
adoption of
No. 279-02
nal assessment
e Algona Street
Project includ-
information
Code of Iowa
he number of
ents into which
ire divided, the
unpaid install -
me when the
re payable and
clerk to certify
ule and to pub-
eof. Seconded
m carried 7-0.
ociety Bulletin
lanager recom-
ptance of the
ulletin board by
udubon Society
is the park area
de of the East
Stormwater
sin near the
vation shelter,
ceived and filed
recommenda-
creation Area
ss Trail Project:
recommending
the Bergfeld
ea Jetty and
)ject in the final
mount o
upon motion
filed. Buol
n of Resolution
)2 Accepting
snd Resolution
4pproving final
coded by Cline.
7-0.
1r Maintenance
)ject: City
recommending
)f the 2001
lance Dredging
final contract
3,708.95, upon
ed and filed.
adoption of
lo. 282-02
irovement and
'o. 283-02
,al estimate.
Cline. Motion
stween City of
Accounts: City
recommending
for certain
tment employ-
nformation and
between City
lank accounts,
received and
i moved adop-
on No. 284-02
artain City of
ice Department
obtain bank
ation and make
Been City of
accounts with-
ig institution.
Cline. Motion
Environmental
Agency:
n from the
Environmental
ency advising
f Dubuque has
as one of th
m EPA will pur
is to award a
Brownfields Assessment Pilot
cooperative agreement, upon
motion received and filed.
Mediacom: Communication
from Mediacom advising of a
change in their channel line-up
for Dubuque customers, pre-
sented and read. Council
questioned the proposed
Cable changes, especially the
removal of MoviePiex -
Channel 75. Duggan stated he
is on record as this being
unacceptable. Nicholson
moved that this communica-
tion be received and filed and
that direction is given to send
a letter of protest to Mediaco
to the action of taking Ch. 75
off and also objecting to the
proposed package and rate
changes. Seconded by
Michalski. Motion carried 7-0.
Business Licenses: Buol
moved adoption of Resolution
No. 285-02 Granting the
issuance of one new permit to
sell cigarettes and cigarettes
papers within the City to M & Z
Food; Resolution No. 286-02
Granting the issuance of twen-
ty-nine renewal permits to sell
cigarettes and cigarette
papers within the City;
Resolution No. 287-02
Granting the issuance of a
Class "C" Beer Permit to
Cedar Cross Amoco, Hy-Vee
Store, and M & Z Food; and
Resolution No. 288-02
Granting issuance of a Class
"C" Beer/Liquor License to
Jake's, Dubuque Bowling
Lanes and Jym's Bar; Special
Class "C" Liquor License to
Four Seasons Buffet and
Mama Cassetti's; and Class
"B" Wine Permit to Hy-Vee
Food Store. Seconded by
Cline. Motion carried 7-0,
BOARDS/COMMISSIONS
Applicants are invited to
address the Council to
express their desire to serve
on the following Boards /
Commissions:
Electrical Code Board (Five 3-
year terms/Five vacancies);,
Applicants: James Dixon, Dan
Hammel, Kevin Pfohl, David A.
Pregler, Elaine L. Reiss. No
one spoke.
Environmental Stewardship
Advisory Commission (One 1-
year youth term); Applicant:
Michael Hirsch. Mr. Hirsch
spoke requesting considera-
tion for appointment.
Appointments to the follow-
ing Commissions:
Civil Service Commission
(Mayor appointment with
Council concurrence - One 4-
year term to expire 4/6/06):
Applicant: Loras Kluesner.
Mayor appointed, with concur-
rence of Council, Loras
Kluesner for four year term
which will expire April 6, 2006.
Investment Oversight
Commission: (One 3-year
term to expire 7/1/05);
Applicant: Charles Spielman.
Upon motion Charles
Spielman reappointed to a
three year term which will
expire July 1, 2005.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Vacating of Henion and
Helena Streets: Proof of pub-
lication on notice of hearing
and City Manager recom-
mending approval of the
vacating and sale of Helena
Street and a portion of Henio
Street to Loras College, upon
motion received and filed.
Steve Schmall of Loras
College spoke in support of
the request. Markham moved
adoption of Resolution No.
289-02 Disposing of City inter-
est in Lots 1A and 2A of
Hodgdon's Subdivision,
Dubuque, Iowa. Seconded by
Cline. Motion carried 7-0.
Old Highway 20 Water Main
Extension Project: Proofs of
publication on notice of hear-
ing on plans and specifications
and notice to bidders on the
receipt of bids, and City
Manager recommending
award of the contract for the
Old Highway 20 Water Main.
Extension Project to
McDermott Excavating in the
amount of $101,867.90, upon
motion received and filed.
Cline moved adoption of
Resolution No. 290-02
Adopting plans and specifica-
tions for the project and
Resolution No. 291-02
Awarding contract to
McDermott Excavating.
Seconded by Nicholson.
Motion carried 7-0.
City Hall First Floor
Remodeling Project - First
Floor Ceiling: Proofs of publi-
cation 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
City Hall First Floor
Remodeling Project - First
Floor Ceiling to Tricon
Construction Group in the
amount of $56,000, upon
motion received and filed.
Cline , moved adoption of
Resolution No. 292-0
Adopting plans and specifica-
tions for the project and
Resolution No. 293-02
Awarding contract to Tricon
Construction Group.
Seconded by Cline. Motion
carried 7-0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
By request of applicant the
following two items removed
from the Agenda:
45 West 13th Street -
Request for Demolition Permit:
Historic Preservation
Commission recommending
approval of a request from
Dubuque Bank and Trust t
demolish a structure located at
45 West 13th Street to provide
parking for the planned reha-
bilitation of the Bell Block and
Zieprrecht Buildings (former
Walsh Store).
1300 - 1322 Iowa Street -
Request for Demolition Permit:
Historic Preservation
Commission recommendin
approval of a request from
Dubuque Bank and Trust to
demolish a structure located at
1300 - 1322 Iowa Street (True
Value) to provide parking for
the planned rehabilitation of
the Bell Block and Zieprrecht
Buildings (former Walsh Store).
Plumbing Code: City
Manager recommending
adoption of the 2000 Uniform
Plumbing Code (UPC) pub-
lished by the International
Association of Plumbing and
Mechanical Officials (IAPMO),
upon motion received and
filed. Ordinance No. 42-02 of
the City of Dubuque, Iowa pro-
viding that the Code of
Ordinances, City of Dubuque
Iowa be amended by repealing
Section 37-1 thereof and
enacting a new Section 37-1
thereof pertaining to revising
and reenacting a Plumbing
Code for the City of Dubuque,
Iowa and providing for the
issuance of permits and col-
lection of fees therefore, pre-
sented and read. 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 fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Markham
Motion carried 7-0.
Historic Buildings Code: City
Manager recommending
adoption of the Dubuque
Historic Buildings Code, upon
motion received and filed.
Ordinance No. 43-02
Amending the City of Dubuque
Code of Ordinances Chapter
11 by adding a new Article V
Historic Buildings, providing
alternative building standards
for preserving or restoring
buildings or structures desig-
nated as historic buildings and
providing for the administra-
tion and enforcement of said
standards, presented and
read. Buol moved that the
requirement that a propose
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 con-
sideration and passage of the
Ordinance. Seconded by
Michalski. Motion carried 7-0.
International Residentia.
Code: City Manager recom-
mending adoption of the 2000
International Residential Code
(IRC) publishedG by the
International Code Council,
Inc., six amendments recom-
mended by the Building Code
Board of Appeals, and
Appendix F, and communica-
tion from the Environmental
Stewardship Advisory
Commission in support of
Appendix F (Radon Control
Methods), upon motion
received and filed.
Ron Smith, as a contractor
and on behalf of
Homebuilders, spoke in oppo-
sition to the addition of
Appendix F - Radon control
methods.
Bill Niemann, as a member of
the Environmental
Stewardship Advisory
Commission, spoke in support
of the addition of Appendix F -
Radon control methods.
Ordinance No. 44-02
Amending the Code of
Ordinances, City of Dubuque,
lowa by adding and enacting
new Sections 11-5 and 11-6
thereof adopting the 2000
International Residential Code
for the City of Dubuque, Iowa
and providing for the issuance
of permits and collection of
fees therefore, presented and
read. Michalski moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passage
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Nicholson. Vote on the motion
was as follows: Yeas —
Nicholson, Michalski. Nays—
Buol, Cline, Connors, Duggan,
Markham. Motion Failed.
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 suspende
and further moved final con-
sideration and passage of the
Ordinance, as amended to not
include Appendix F - Radon
control methods. Seconded
by Buol. Motion carried 7-0.
International Building Code:
City Manager recommending
adoption of the 2000
International Building Code
(IBC) published by the
International Code Council,
Inc., upon motion received and
filed. Ordinance No. 45-02
Amending the Code of
Ordinances, City of Dubuque,
Iowa by repealing Section 11-
1 and Section 11-2 and enact-
ing new Sections 11-1 and 11-
2 thereof adopting the 2000
International Building Code for
the City of Dubuque, Iowa and
providing for the issuance of
permits and collection of fees
therefore, presented and read.
Buol moved that the require-
ment that a proposed
Ordinance be considered and
voted on for passage at two
Council Meetings prior to th
meeting at which it is to be
finally passed be suspended
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Markham. Motion carried 7-0.
Electrical Code: City
Manager recommending
adoption Code
Electric(NEC) pubs she
by the National Fire Protection
Association (NFPA), upon
motion received and filed.
Ordinance No. 46-02
Amending the Code of
Ordinances, City of Dubuque,
Iowa by repealing Section 18-
1 thereof and enacting a new
Section 18-1 pertaining to
revising and reenacting an
Electrical Code for the City of
Dubuque, Iowa and providing
for the issuance of permits and
collection of fees therefore,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meetin
at which it is to be finally
passed be suspended and fur-
ther moved final consideration
and passage of the Ordinance.
Seconded by Michalski.
Motion carried 7-0.
Heating, Air Conditioning and
Ventilating (Mechanical) Code:
City Manager recommending
adoption of the 2000 Uniform
Mechanical Code (UMC) pub-
lished by the International
Association of Plumbing and
Mechanical Officials (IAPMO),
upon motion received and
filed. Ordinance No. 47-02
Amending the Code of
Ordinances, City of Dubuque,
Iowa by repealing Section 24-
1 thereof and enacting a new
Section 24-1 pertaining to
revising and reenacting a
Mechanical Code for the City
of Dubuque, Iowa and provid-
ing for the issuance of permits
and collection of fees there-
fore, presented and read.
Cline moved that the require-
ment 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 7-
0.
Human Relations Ordinance:
City Manager recommending
adoptiort of an amendment to
Chapter 27, "Human
Relations" . of the Code of
Ordinances to make the
Ordinance more consistent
with actual practices, clarify
some provisions and remove
others, and tighten some sec-
tions by removing extraneou
language, presented and read.
An Ordinance Amending the
City Of Dubuque Code of
Ordinances Section 27-1 by
substituting new definitions for
"Court," "Person," and "Unfair
Practice or Discriminatory
Practice"; by amending
Section 27-23(b) Relating to
Meetings; by amendin
Section 27-27(4), (6) and (7)
Clarifying the Powers and
Duties of Commissioners; by
amending Section 27-29
Relating to the Issuance of
Subpoenas; by amending
Section 27-51(1) and (2)
Relating to Illegal "Aiding or
Abetting"; by amending 27-
52(1) ,Concerning lnvolunta
Retirement of Persons; by
amending Section 27-61
Concerning Prohibited
Practices in Accommodations
or Services; by amending
Section 27-72 Exemptions
from Employment Practices;
by amending Section 27-81(a)
Relating to Employment
Prohibited Practices; b
amending Section 27-82
Concerning Exemptions to
Disability Discrimination by
Religious Entities and the
Family Exemptions and the
Employment Prohibitions; by
amending Section 27-84(e)
which changes
"Transportation Employees" to
"Governmental Regulations
by amending Section 27-85(a)
Relating to Prohibited
Practices in Public
Accommodations and Section
27-85(c) Relating to Prohibited
Practices in Public
Accommodations; by
Amending Section 27-111
Clarifying who can file civil
rights complaints; by amend-
ing Section 27-114 Clarifying
the ability of the Director to
screen complaints; by amend-
ing Section 27-116(a)
Concerning the remedial
action in contested cases; by
amending Section 27-117
clarifying the Section and by
deleting extraneous words; by
repealing Section 27-119_
Procedural Rules; by amend-
ing Section 27-121 concerning
how the Chapter is to be con-
strued; and by substituting a
new definition of "Person' in
Section 27-130, presented
and read. Buol moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for passag-
at two Council Meetings prior
to the meeting at which it is to
be finally passed be suspend-
ed and further moved final
consideration and passage of
the Ordinance. Seconded by
Markham. No vote taken on
this motion.
Nicholson moved to table
action on this Ordinance
Seconded by Cline. Motion
carried 7-0.
Affordable Housing Task
Force: City Manager providing
additional information and
requesting City Council direc-
tion on the recommendations
presented in the December
2001 report of the Affordable
Owner -Occupied Housing_
Committee, presented and
read. Markham moved to
receive and file the communi-
cation and direct staff to
schedule a worksession to dis-
cuss this matter. Seconded by
Nicholson. Carried by the fol-
lowing motion: Yeas—Buol,
Cline, Connors, Markham,
Michalski, Nicholson. Nays
Duggan.
Expansion of Parking Meter
District on 8th Street and Main
Street (First Reading on
5/6/02; Second Reading on
5/20/02): An Ordinance
Amending Section 32-336 of
the City of Dubuque Code of
Ordinances, establishing the
Municipal Parking Meter_
District by adding both sides
of Eighth Street from Main
Street, to Locust Street and
both sides of Main Street from
Fifth Street to Ninth Street,
presented and read.
Nicholson moved final consid-
eration and passage of the
Ordinance. Seconded by
Buol. Vote on the motion was_,
as follows: Yeas—Buol
Markham, Nicholson. Nays —
Cline, Connors, Duggan,
Michalski. Motion failed.
Greater Dubuque
Development Corporation:
Communication from Rick
Dickinson, Executive Director
of Greater Dubuque
Development Corporation,
requesting appointments to
the GDDC Board of Directors
(currently Mayor, Council
Member Dan Nicholson and
Council Member Patricia Cline,
City Manager and Economic
Development Director), upon
motion received and filed and
reaffirmed the same appoint-
ments.
ITEMS TO BE SET FOR
PUBLIC HEARING
Education and Conference
Center - Bid Package#2
Project: City Manager recom-
mending initiation of the bid-
ding process for the Education
and Conference Center - Bid
Package #2 Project and set-
ting a public hearing for July 1
2002, upon motion received
and filed. Cline moved adop-
tion of Resolution No. 294-02
Preliminary approval of plans
and specifications; Resolution
No. 295-02 Fixing date of
hearing on plans and specifi-
cations for 7/1/02 at a meeting
to commence at 6:30 P.M. in
the public library auditorium. -
and that the City Clerk publish
notice in the manner pre-
scribed by law; and
Resolution No. 296-02
Ordering bids. Seconded by
Buol. Motion carried 7-0.
Bunker Hill Sidewalk
Installation Project: City
Manager recommending initia-
tion of the bidding process for
the Bunker Hill Sidewalk.
Installation Project and setting
a public hearing for July 1,
2002, upon motion received
and filed. Cline moved adop-
tion of Resolution No. 297-02
Preliminary approval of plans
and specifications; Resolution
No. 298-02 Fixing date of
hearing on plans and specifi-,_
cations for 7/1/02 at a meeting
to commence at 6:30 P.M. in
the public library auditorium
and that the City Clerk publish
notice in the manner pre-
scribed by law; and Resolution
No. 299-02 Ordering bids.
Seconded by Buol. Motion
carried 7-0.
The following item was delet-..-.
ed from the Agenda: Port of
Dubuque Utility Relocation
and Extension Project - Phase
III, City Manager recommend-
ing initiation of the bidding
process for the Port of
Dubuque Utility Relocation
and Extension Project - Phase
III and setting a public hearing
for July 1, 2002; Resolution, -
Preliminary approval of plans
and specifications; Resolution
Fixing date of hearing on plans
and specifications; Resolution
Ordering bids.
There being no further busi-
ness, upon motion meeting
adjourned at 7:49 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 6/12