Council Proceedings June 2004
Special Session, June 1, 2004
207
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Special Session, June 1,2004
Council met in Special Session at 5:00 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
a special session of the City Council called for
the purpose of setting a public hearing on the
Dubuque Racing Association Lease Agreement.
Dubuque Racing Association Lease
Agreement: City Manager recommending that a
public hearing be set for June 7, 2004 to
consider a lease agreement between the City of
Dubuque and the Dubuque Racing Association
for a tenm of April 1, 2004 through March 31,
2014 for operation of the Dubuque Greyhound
Park and Casino, presented and read. Cline
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 223-04
INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY BY LEASE WITH
DUBUQUE RACING ASSOCIATION, LTD
Whereas, the City of Dubuque, Iowa (City)
owns certain real property shown on Exhibit A
attached hereto known as Dubuque Greyhound
Park and Casino; and
Whereas, City and Dubuque Racing
Association, LTD., an Iowa nonprofit corporation
(Association), have previously entered into a
lease for the Dubuque Greyhound Park and
Casino which lease has now expired; and
Whereas, City and Association now desire to
enter into an Amended and Restated Lease
Agreement for the Dubuque Greyhound Park
and Casino, a copy of which is now on file at the
Office of the City Clerk, City Hall, 13'h and
Central Ave., Dubuque, Iowa, which provides
among other things for a term terminating on
March 31, 2014; and
Whereas, the City Council believes it is in the
best interests of the City of Dubuque to approve
the Amended and Restated Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa intends to dispose of the City's
Interest in the foregoing-described real property
pursuant to the Amended and Restated Lease
Agreement between City and Association, a
copy of which is now on file at the Office of the
City Clerk, City Hall, 13'h & Central Ave.,
Dubuque, Iowa.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
Notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregolng-
described real property, to be held on the 7'h day
of June, 2004, at 6:30 o'clock p.m. at the public
library auditorium, 11'h & Locust, Dubuque,
Iowa.
Passed, approved and adopted this 1'1 day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for Public Hearing on 6/7/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Michalski.
Motion carried 7-0. The meeting adjourned at
5:02 P.M.
11 6/9
/s/ Jeanne F. Schneider, CMC
City Clerk
208
Special Session, June 1,2004
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
Regular Session, June 7, 2004
209
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June 7, 2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Barry Lindahl
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend Doctor
Katherine Achtemeier, Pastor, First Presbyterian
Church.
Proclamations: Rising Stars Independent
League Days (June 12 and 13, 2004).
CONSENT ITEMS
Minutes and Reports Submitted: Cable TV
Regulatory Commission of 5/12; Cable TV
Teleprogramming Commission of 5/4; City
Council of 5/17 and 6/1; Civil Service
Commission of 3/4; Community Development
Advisory Commission of 5/12; Environmentai
Stewardship Advisory Commission of 5/4; Five
Flags Commission of 3/15; Housing Code
Appeals Board of 4/20; Housing Commission of
4/27; Long Range Planning Commission of 5/19;
Park and Recreation Commission of 5/11;
Zoning Advisory Commission of 4/7, presented
and read. Buol moved that the minutes be
received and filed. Seconded by Markham.
Motion carried 7-0
Proof of publication of City Council
Proceedings of 5/3, presented and read. Buol
moved that the proof be received and filed.
Seconded by Markham. Motion carried 7-0
Printed Council Proceedings for February,
2004, presented and read. Buol moved that the
proceedings be received and filed and approved
as printed. Seconded by Markham. Motion
carried 7-0.
City of Dubuque Financial Reports for month
ending April 30, 2004, presented and read.
Buol moved that the reports be received and
filed. Seconded by Markham. Motion carried 7-
0
Notice of Claims/Suits: Sandra G. Adams for
personal injury; William Felderman for property
damage; Patrick Heiderscheit for spousal
consortium loss; Dale Hefel for property
damage; Charles N. and/or Vonda L. Hosch for
vehicle damage; Kennedy Mall for property
damage; Jodi McDonell for vehicle damage,
presented and read. Buol moved that the claims
and suits be referred to the Legal Staff for
investigation and report. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Patrick
Heiderscheit for spousal consortium loss;
Charles Nand/or Vonda L. Hosch for vehicle
damage; Kennedy Mall for property damage,
presented and read. Buol moved that the
communications be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel recommending that the
claim of Dan Galle for vehicle damage be
denied, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Citizen Communications:
Communication of Steven Boge, Kane
Development Corporation, requesting City
acceptance of the public utility improvements in
Pine Knoll Subdivision, 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.
Request of THE CU LINK, Inc., to purchase a
portion of City-owned property in Associates
Park, 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.
Communication of Timothy J. Quagliano, QHQ
Properties, requesting acceptance of all public
improvements completed in Holliday Drive First
Addition, 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.
Visiting Nurse Association: Communication
from Nan Colin, Director of the Visiting Nurse
Association, expressing appreciation to the City
for approval of the Fiscal Year 2005 Community
Partnership Grant for the VNA Elderly Home-
Based Oral Health Program, presented and
210
Regular Session, June 7, 2004
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0
Montgomery Watson Harza/Thiele Geotech,
Inc. Monitoring Well Installations: City Manager
recommending approval of a License Agreement
Right-of-Way for Site Assessment for
Montgomery Watson Harza (MWH) and Thiele
Geotech, Inc. to install monitoring wells within
the City right-of-way at the area surrounding the
former Eagle Window facility at 375 East g'h
Street, presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0
RESOLUTION NO. 224-04
RESOLUTION AUTHORIZING LICENSE
AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND THIELE GEOTECH, INC. TO
INSTALL MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY SURROUNDING THE
FORMER EAGLE WINDOW SITE OF 375
EAST 9TH STREET
Whereas, Thiele Geotech, Inc. on behalf of
Montgomery Watson Harza (MWH) and
Metaldyne has requested permission from the
City of Dubuque to install monitoring wells on
City right-of-way at the former Eagle Window
site of 375 East glh Street in Dubuque, Iowa, for
the purpose of assessing the extent that
pentachlorophenol (PCP) has impacted
groundwater; and
Whereas, the License Agreement Right-of-
Way for Site Assessment has been prepared
outlining the responsibilities of Thiele Geotech,
Inc. in the installation of the monitoring wells on
public right-of-way; and
Whereas, the performance of the activities of
Thiele Geotech, Inc. will be at no cost or
expense to the City, and all work will be
perfonmed by the Licensee, or its employees,
agents or subcontractors; and
Whereas, it is the desire of the City Council to
enter into said License Agreement for the
installation of monitoring wells in the public right-
of-way as requested.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The License Agreement for Right-
of-Entry for Site Assessment be and the same is
hereby approved.
Section 2. That the Mayor be and is hereby
authorized to execute said License Agreement
for and on behalf of the City Council.
Passed, approved and adopted this 7'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Heritage Trail Extension Project: City Manager
recommending acceptance of the Heritage Trail
Extension Project as completed by Tschiggfrie
Excavating, Inc., in the final contract amount of
$522,830.31, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0
RESOLUTION NO. 225-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Heritage Trail
Extension Project has been completed and the
City Manager has examined the work and filed
his certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Intermodel Surface
Transportation Efficiency Act (ISTEA)
Transportation Enhancement Grant, the REAP
Grant, and the General Fund in amounts equal
to the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 7'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 226-04
FINAL ESTIMATE
Whereas, the contract for the Heritage Trail
Extension Project has been completed and the
City Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $565,864.53 and the
said amounts shall be paid from the Intenmodel
Surface Transportation Efficiency Act (ISTEA)
Transportation Enhancement Grant, the REAP
Grant, and the General Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 7'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Regular Session, June 7, 2004
211
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Holliday 3" Addition - Detention Basin
Requirements: City Manager recommending
approval of a service agreement with QHQ
Properties whereby the City will provide
detention basin services for a fee in the amount
of $62,250, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Markham. Motion carried 7-0.
Fiscal Year 2005 Wage Plan and
Compensation Package for Non-Bargaining Unit
Employees: City Manager recommending
approvai of the Wage Plan and Compensation
Package for Non-Bargaining Unit Employees for
Fiscal Year 2005, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0
RESOLUTION NO. 227-04
APPROVING THE WAGE PLAN
COMPENSATION PACKAGE FOR
BARGAINING UNIT EMPLOYEES
FISCAL YEAR 2005
Whereas, in order to address the salaries of
Department Managers and other professional
positions, a new Non-bargaining Unit Wage Plan
for General Employee classifications, which
provides for a 5.5% differential between pay
steps and a 5.5% differential between salary
ranges was implemented on July 1, 2002; and
Whereas, the Fiscal Year beginning July 1,
2004, will be the third and final year of the
implementation schedule for the new Non-
bargaining Unit Wage Plan for General
Employees; and
Whereas, the City Manager has recommended
that the Non-bargaining Unit Wage Plan for
General Employee classifications and the Non-
assigned classifications of Assistant City
Attorney, City Solicitor, Airport Operations
Specialist, Assistant Golf Professional and
Snack Bar Manager be increased by 3% across-
the-board effective July 1, 2004; and
Whereas, the City Manager has recommended
that the Non-bargaining Unit Wage Plan for Non-
assigned classifications, with the exception of
Mayor, City Council Members, Assistant City
Attorney, City Solicitor and Airport Operations
Specialist, Assistant Golf Professional and
Snack Bar Manager be increased by 3.47%
across-the-board effective July 1, 2004; and
Whereas, the City Council provides a
compensation package to Non-bargaining Unit
employees similar to the compensation package
to be received by Bargaining Unit employees;
and
AND
NON-
FOR
Whereas, the proposed wage increase for
Non-bargaining Unit employees is consistent
with the wage increase to be received by
employees represented by the Firefighter's
Association and Police Association bargaining
units.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Non-bargaining Unit Wage
Plan for General Employees and Non-assigned
classifications is hereby approved.
Passed, approved and adopted this 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Public Safety Dispatcher, presented
and read.
May 19, 2004
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the position of
Public Safety Dispatcher was conducted on
March 25, 2004. We hereby certify that the
individuals listed below have passed this written
examination and the vacancy for this position
should be made from this list and that this list is
good for two (2) years from above date.
PUBLIC SAFETY DISPATCHER
Amy S. Amberg
Jason C. Bickal
Jessica M. George
Respectfully submitted,
/s/ Merle Duehr, Chairperson
/s/ Loras Kluesner
Is/ Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Markham. Motion carried 7-0.
Legislative Correspondence: Communications
from Senator Tom Harkin regarding the Internet
Tax Freedom Act, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Jackson Park - Hoffmann Schneider Funeral
Home Lease Agreement: Communication from
David L. Hammer and Angela C. Simon
regarding the lease for a portion of Jackson
Park; City Manager recommending approval of
the termination of the lease agreement with
Hoffmann Schneider Funeral Home for a section
of Jackson Park at the request of Jim Schneider,
212
Regular Session, June 7, 2004
presented and read. Michalski moved that the
communication be received and filed and
approved tenminatlon of lease. Seconded by
Markham. Motion carried 7-0.
Concrete Repair Project on Kerper Boulevard
and North Grandview: City Manager
recommending acceptance of the Concrete
Repair Project on Kerper Boulevard and North
Grandview as completed by Drew Cook and
Sons Excavating Company, Inc., in the final
contract amount of $111,855.64, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0
RESOLUTION NO. 228-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Concrete
Repairs on Kerper Boulevard and North
Grandview have been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2002 and
2003 1% Local Option Sale Tax Funds in
amounts equal to the amount of his contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 7'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 229-04
FINAL ESTIMATE
Whereas, the contract for the Concrete
Repairs on Kerper Boulevard and North
Grandview have been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
Is hereby determined to be $112,759.61 and the
said amount shall be paid from the Fiscal Year
2002 and 2003 1% Local Option Sales Tax
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 7'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Eastern Iowa Clan Lab Task Force - 28E
Agreement: City Manager recommending
approval of the Police Department entering into
a 28E Agreement with the newly formed Eastern
Iowa Clan Lab Task Force, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Iowa Department of Natural Resources:
Communication from the Iowa Department of
Natural Resources regarding the recent
inspection of the Dubuque Regional Airport
Wastewater Treatment Facility, 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.
Dubuque Community School District:
Communication from the Dubuque Community
School District requesting that the City share in
the cost of intersection improvements
associated with the new Middle School at
Radford Road/Radford Court and City Manager
recommending approval to do the design and
inspection work of intersection improvements
associated with the new Middle School in
partnership with the School District, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Proposed Downtown Elementary School
Traffic Study: Communication from the Dubuque
Community School District requesting that the
City vacate 1ih Street between Central Avenue
and White Street and the alleys between 11'h
Street and 13'h Street between Central Avenue
and White Street and City Manager
recommending that the Dubuque Community
School District be asked for a Traffic Study prior
to final consideration of this request, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
City of Dubuque's Non-Discrimination Policy:
Communication from the leadership team of the
Sisters of St. Francis of Dubuque encouraging
the City Council to take positive action on the
Regular Session, June 7, 2004
213
request of the Dubuque Human Rights
Commission to include sexual orientation as a
protected class in the City's non-discrimination
policy, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0
Busted Lift Outdoor Service Agreement: City
Manager recommending approval of a Lease
Agreement between the City of Dubuque and
John Finn for the use of public right of way for
outdoor service at the Busted Lift, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Proposed Shelter, Bench and Sign Design for
Trolley Stops: Historic Preservation Commission
recommending approval of the City of Dubuque
Transit Division's proposed design of shelters,
benches and signs for trolley stops, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Historic Bluffs Neighborhood Association:
Historic Preservation Commission
recommending approval of a request from the
Historic Bluffs Neighborhood Association/City of
Dubuque to replace benches and waste
receptacles and to repaint light poles in Avon
Park, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Grandview Avenue Parkway Demolition
District: Communication from Chris Wand,
Chairperson of the Historic Preservation
Commission, regarding the Grandview Avenue
Parkway Demolition District, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0
City Development Board: City Manager
recommending approval of a resolution in
support of the City Development Board's
conditional approval of the City's voluntary
annexation request for approximately 704.5
acres and support to sever six parcels of land
from Dubuque to Asbury, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0
RESOLUTION NO. 230-04
RESOLUTION IN SUPPORT OF CITY
DEVELOPMENT BOARD'S CONDITIONAL
APPROVAL OF VOLUNTARY ANNEXATION
OF TERRITORY TO DUBUQUE
Whereas, the City Council of the City of
Dubuque, Iowa has approved the annexation of
approximately 704.5 acres of territory to the City
of Dubuque, Iowa; and
Whereas, the City Development Board of the
State of Iowa has approved the annexation of
this territory to the City of Dubuque, Iowa, upon
condition that the City of Dubuque make every
reasonable effort to secure an agreement with
the City of Asbury and the owners of parcels
listed in the record, those parcels being: Parcel
13-j, Parcel 13-k, Parcel 13-1, Parcel 13-m,
Parcel 1, and that part of Parcel 2 lying north of
Asbury Road to provide for severance of those
parcels from Dubuque and the annexation of
those parcels into Asbury, and then further, no
later than October 4, 2004, that the City of
Dubuque report to the Board the status of the
City's efforts to secure an agreement providing
for the severance of the above listed parcels and
their annexation to Asbury; and
Whereas, the City of Dubuque Intends to make
all reasonable, good faith efforts to work with the
affected property owners and the City of Asbury
to comply with the City Development Board's
conditional approval of the voluntary annexation.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized to convey to the Mayor of Asbury that
the City of Dubuque will make all reasonable,
good faith efforts to work with the affected
property owners and the City of Asbury to sever
Parcel 13-j, Parcel 13-k, Parcel 13-1, Parcel 13-
m, Parcel 1, and that part of Parcel 2 lying north
of Asbury Road from Dubuque and to have
those parcels voluntarily annexed to Asbury.
Section 2. That the City Manager is hereby
authorized to initiate discussions with the Mayor
of Asbury and the affected property owners, and
to file a report with the City Council and the City
Development Board no later than October 4,
2004 on the status of the City's efforts to secure
an agreement providing for the severance of the
above iisted parcels and their annexation to
Asbury.
Section 3. That the City Clerk shall file this
resolution with the City Development Board.
Passed, approved and adopted this 7th day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
National League of Cities: Communication
from the National League of Cities
congratulating the City of Dubuque on the
inclusion of the America's River project in the
214
Regular Session, June 7, 2004
National League of Cities' Examples of
Programs for Cities database, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0
Parking Ramp Structural Analysis Contract:
City Manager recommending approval of a
contract with Desmond Associates for the Iowa
and Locust Street Parking Ramps Structural
Analysis in the amount of $18,300, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0
RESOLUTION NO. 231-04
RESOLUTION APPROVING CONTRACT WITH
DESMOND ASSOCIATES FOR A STRUCT-
URAL ANALYSIS OF THE IOWA AND
LOCUST STREET RAMPS
Whereas, the City of Dubuque has taken
proposals from consultants for a structural
analysis of the Locust and Iowa Street Ramps;
and
Whereas, a selection committee of City staff
has reviewed the proposals and is
recommending the City contract with Desmond
Associates; and
Whereas, the cost of the analysis is budgeted
in the City's Capital Improvement program in the
Parking Construction Fund,
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposal of Desmond
Associates is hereby accepted and approved.
Section 2. That the City Manager prepare and
execute a contract with Desmond Associates in
the amount of $18,300 for a structural analysis
of the Iowa and Locust Street parking ramps.
Passed, approved and adopted this 1'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Library Emergency Back-Up Lighting System:
City Manager advising of the emergency
repair/replacement of the Library back-up
lighting system, presented and read. Buol
moved that the communication be received and
filed and approved emergency repair.
Seconded by Markham. Motion carried 7-0.
Family Self-Sufficiency and Homeownership
Program Coordinators: City Manager
recommending approvai of an application to the
US Department of Housing and Urban
Development (HUD) for funds to renew the
current Family Self-Sufficiency Program
Coordinator position, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Oak Park Place - Final Plat: City Manager
recommending approval of the final plat of Oak
Park Place, as requested by Oak Park Place of
Dubuque, LLC, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0
RESOLUTION NO. 232-04
A RESOLUTION APPROVING THE FINAL
PLAT OF OAK PARK PLACE IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Oak Park Place in the City of
Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as Oak Park Place (Lot A) and Oak
Park Court (Lot B), together with certain public
utility easements, which the owners by said final
plat have dedicated to the public forever; 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, 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 Oak Park
Place (Lot A) and Oak Park Court (Lot B),
together with the easements for public utilities as
they appear upon said final plat, be and the
same are hereby accepted; and
Section 2. That the Final Plat of Oak Park
Place is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners
of said property herein named, execute their
written acceptance hereto attached agreeing:
a) To reduce Oak Park Place (Lot A) and Oak
Park Court (Lot B) 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 laterais into each individual lot, water
mains and water service laterals into each
individual lot, stonm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Regular Session, June 7, 2004
215
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 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;
d) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, iowa, at the sole expense of the
owners, or future owner;
And, further provided that Oak Park Place of
Dubuque, LLC, as owners of said property, shali
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewaik installation shall be the
responsibility of the owner abutting the pubiic
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 compieted,
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 iots shali have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. 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 Standards and Specifications and
accepted by City Council Resolution.
Section 5. That in the event Oak Park Place,
LLC. fails to execute the acceptance and furnish
the guarantees provided in Section 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 1'h day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Liquor License Transfer: Dubuque County
Historicai Society requesting to transfer their
liquor license to the Ham House on July 4, 2004,
presented and read. Buol moved that the
communication be received and filed and
approved transfer request.
Markham. Motion carried 7-0.
Seconded by
Business License Refund: Request of
Raymond Sanders, Sugar Ray's BBQ, for a
refund of his beer and liquor combination license
in the amount of $168.75, presented and read.
Buol moved that the communication be received
and filed and approved refund. Seconded by
Markham. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 233-04
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 penmit to sell Cigarettes and Cigarette
Papers within said City.
52 Renewals
5 Point Mart Sinclair Five Point Mart Inc.
405 Rhomberg Av
Mulgrew Oil Co.
1215E.16'hSt
Carol Meyer
2600 Central Av
Mulgrew Oil Co.
3300 Asbury Rd
Beecher Co.
1691 Asbury Rd
Molo Oil Co.
2100 JFK Rd
Molo Oil Co.
91h & Central Av
Molo Oil Co.
1875 JFK Rd
Casey's General Store # 2420 Casey's
Marketing Co 2699 Rockdale Rd
Casey's General Store # 2421 Casey's
Marketing Co 4003 Peru Rd
Cedar Cross Amoco L B Metcalf Inc
1200 Cedar Cross Rd
Shreeji Services, Inc
700 Rhomberg Av
William Kramer
900 Central Av
Deborah
395W.91hSt
Beverly A Larsen
3050 Asbury Rd
Jeffrey A. Streinz
2175 Central Av
Cindy A. Oliver
555 JFK Rd
Dubuque Greyhound Pam Dubuque Racing
Assoc. 1855 Greyhound Park Dr
Easy Street Jason Winter
431 Rhomberg Av
16'h St Auto Truck Plaza
A & B Tap
Asbury B P Foodshop
Beecher Co.
Big 10 Mart
Big 10 Mart
Big 10 Mart
Clark
Cuemasters Billiards
Dempsey's/Molly's Pub & Grub
Clifford
Denny's Lux Club
Dubuque Discount Gas # 2
Dubuque Mining Co.
216
Regular Session, June 7, 2004
West Locust Mart
Family Mart, Inc.
Family Mart, Inc.
3201 Central Av
Hartig Drug Co.
2225 Central Av
Hartig Drug Co.
2255 JFK Rd
Hartig Drug Co
1333 Delhi St
Hartig Drug Co
157 Main St
Pamela Arensdorf
1602 Central Av
Iowa Potatoe & Produce
2600 Dodge St
Liberty Station LLC
10S.MainSt
Molo Oil Co.
1101 Rhomberg
Molo Oil Co
2013 Central Av
DM Sports Bar Inc
2600 Dodge St
Kmart Corp
2600 Dodge St
Curtis Gerhard
2186 Central Av
Mulgrew Oil Co.
1450 Loras Blvd
Bruce & Dawn McCann
690 W Locust
Hill Street Plaza
535 Hill St
Sahajanand Enterprise
3200 Central Av
A& T LLC
2600 Dodge St
Rainbo Oil
2335 University Av
Rainbo 011
2297 University Av
Rainbo Oil
4039 Pennsylvania Av
Rainbo Oil
2320 Hwy 61
Rainbo Oil
2390 Central Av
Rainbo Oil
2255 Kerper Blvd
Rainbo Oil
1401 Central Av
Ron's Discount Smokes & Bev. RKM LLC
1701 JFK Rd
Beverly Miller
2735 Dodge St
Kwik Trip, Inc
806 Wacker Dr
Walgreen Co.
2260 JFK Rd
Walgreen Co.
555 JFK Rd
Wal-Mart Supercenter # 2004 Wal-Mart Stores,
Inc 4200 Dodge St
Hartig Drug Co # 4
Hartig Drug Co # 3
Hartig Drug Co # 8
Hartig Drug Co # 8
Instant Replay
Tobacco World
Phillips 66/Arbys Q-Mart
Puff n Snuff
Puff n Snuff
Jumpers Sports Bar/Grill
Kmart#4018
Knickers Saloon
Loras B P Shop
Mc Cann's Service
Oky Doky # 8
Para Foods Mart
Plaza 20 Amoco
Kwik Stop C-Stores
Kwik Stop C-Stores
Kwik Stop C-Stores
Kwik Stop C-Stores
Kwik Stop C-Stores
Kwik Stop C-Stores
Kwik Stop C-Stores
Sid's Beverage
Tobacco Outlet Plus # 504
Walgreens # 06154
Walgreens # 03777
Lee Potter Sr
408 W. Locust St
Chad Streff
1064 University Av
Passed, approved and adopted this 7th day of
June, 2004.
Whiskey River
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 234-04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees -
Tent A Main St-Town Clock
Dubuque Jaycees Dubuque Jaycees -
Tent B Main St-Town Clock
Dubuque Jaycees Dubuque Jaycees -
Tent C Main St-Town Clock
CLASS "C" BEER PERMIT
Hy-Vee Inc Hy-Vee +
(Sunday Sale) 3500 Dodge St
Passed, approved and adopted this 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 235-04
Whereas, appiications 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
James Ferring Dubuque Bowling
Lanes+(Sunday Sale) 1029 Y, Main St
Clyde P. Mihalakis
Regular Session, June 7, 2004
217
Dip Tap
1689 Elm St
Jym's Bar+
1700 Central Av
Creslanes Bowling+
255 S. Main St
CLASS "B" WINE
Hy-Vee Food Store # 1
3500 Dodge St
Ooh La La
3460 Hillcrest Rd
CLASS "B" NATIVE WINE
Teri A. Burdt River City Gift Shop
137 Main St #100
Passed, approved and adopted this day of
2004.
Jymie Lyons
(Sunday Sale)
Creslanes Bowling, Inc
(Sunday Sale)
Hy-Vee, Inc
Creative Touch Gallery, Inc.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Alley Vacating Petition: City Manager
recommending that a public hearing be set for
June 21, 2004 to consider a request from Randy
E. and Pamela J. Davis, Benjamin J. Mueller
and Margaret M. Mueller to vacate the alley
between 825 and 855 Salem Street from
Roosevelt to Salem, presented and read. Cline
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 236-04
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 179A, LOT 180A,
AND LOT 181A OF O'NEILL'S ADDITION TO
NORTH DUBUQUE, DUBUQUE, IOWA
Whereas, Randy E. and Pamela J. Davis,
Benjamin J. Mueller, and Margaret M. Mueller
have requested the vacating of the alley
between 825 and 855 Salem Street from
Roosevelt to Salem; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated alley between 825 and
855 Salem Street from Roosevelt to Salem and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot 179A, Lot
180A, and Lot 181A of O'Neill's Addition to
North Dubuque in the City of Dubuque, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has detenmined that this alley
between 825 and 855 Salem Street from
Roosevelt to Salem is no longer required for
public use, and vacating and sale of said alley
known as Lot 179A, Lot 180A, and Lot 181A of
O'Neill's Addition to North Dubuque in the City of
Dubuque, Dubuque County, Iowa should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 179A, Lot 180A, and
Lot 181A of O'Neill's Addition to North Dubuque
in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 179A of
O'Neill's Addition to North Dubuque to Benjamin
J. Mueller, Lot 180A of O'Neill's Addition to
North Dubuque to Randy E. and Pamela J.
Davis, and Lot 181A of O'Neill's Addition to
North Dubuque to Margaret M. Mueller, all in the
City of Dubuque, Iowa, be contingent upon the
payment of the cost of surveying and platting,
and publication and filing fees of $100 for each
parcel.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed b~ law.
Passed, approved and adopted this 7 h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 6/21/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Mediacom Franchise Extension: City Manager
recommending that a public hearing be set for
June 21, 2004 to consider an additional short-
term extension through December 31, 2004 of
the existing Mediacom cable franchise and side
agreements under the terms currently in effect,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 237-04
A RESOLUTION OF THE CITY'S INTENT TO
GRANT A SHORT-TERM EXTENSION OF AN
EXISTING CABLE SERVICES FRANCHISE
AND AN EXISTING HUB SITE LEASE TO
MCCIOWA L.L.C.
Whereas, MCClowa, L.L.C. (Mediacom) is the
current holder of a cable services franchise
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18,2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the tenms of the franchise and of the
lease will expire June 30, 2004,and
218
Regular Session, June 7, 2004
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiation of terms and conditions
for the renewal of the franchise and the lease.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
extend the term of the cable services franchise
and the term of the lease to December 31, 2004
under the same terms and conditions as
currently In effect; and
Section 2. That the City Clerk is hereby
authorized and directed to cause notices to be
published of the proposed extension in the
manner prescribed by law.
Passed, approved and adopted this 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 6/21/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law..
Seconded by Nicholson. Motion carried 7-0.
Petition for Landmark Status - 1339 Alia Vista:
Historic Preservation Commission requesting
that the petition for iandmark status for property
located at 1339 Alta Vista be set for a public
hearing on August 2, 2004 and that the
proposed ordinance and supporting docu-
mentation be forwarded to the State Historic
Preservation Office and Long Range Planning
Advisory Commission recommending denial of
the request of David Moessner and Jeanne
Stevenson-Moessner to have their property
located at 1339 Alta Vista designated as a City
(local) Landmark, and an Ordinance Amending
Chapter 25 (Historic Preservation Ordinance) of
the City of Dubuque Code of Ordinances by
amending Section 25-6 Identification and
Designation of Landmarks, Landmark Sites and
Historic Districts to include the structure at 1339
Alta Vista Street as a City Landmark, presented
and read. Cline moved that the communications
be received and filed and set this for public
hearing on 8/2/04 at a meeting to commence at
6:30 P.M. in the public library auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Long Range Planning Advisory Commission
(Two vacancies which will expire 7/1/07);
Applicant: Charles Winterwood. No one spoke.
Park and Recreation Commission (Three
vacancies which will expire 6/30/07 - Terms of
Lyness, Harjehausen, Hoffmann); Applicants:
Gary L. Harjehausen, Paul F. Hoffmann, Karen
Lyness, Evelyn Nadeau. Ms. Nadeau spoke
requesting consideration for appointment.
PUBLIC HEARINGS
Buol moved to suspend the rules to allow
anyone present to speak. Seconded by
Michalski. Motion carried 7-0.
University of Dubuque - Request to Amend
Institutional District: Proof of publication on
notice of hearing to consider a request from the
University of Dubuque to amend the Institutional
District to allow a new parking lot on the campus
and rezoning property from R-1 Single-Family
Residential District to ID Institutional District and
Zoning Advisory Commission recommending
approval, presented and read.
Tracey Wagner and Alan Burr of the University
of Dubuque spoke requesting approval of the
Ordinance.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
of Ordinances 48-02 and 84-02, which adopted
regulations for the University of Dubuque ID
Institutional District and approving an amended
Conceptual Development Plan for the University
of Dubuque ID Institutional District, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 36-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
PROVIDING FOR THE AMENDMENT OF
ORDINANCES 48-02 AND 84-02, WHICH
ADOPTED REGULATIONS FOR THE
UNIVERSITY OF DUBUQUE tD INSTI-
TUTIONAL DISTRICT AND APPROVING AN
AMENDED CONCEPTUAL DEVELOPMENT
PLAN FOR THE UNIVERSITY OF DUBUQUE
ID INSTITUTIONAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances be amended by providing for the
amendment of ordinances 48-02 and 84-02,
which adopted regulations for the University of
Dubuque ID Institutional District and approving
an amended conceptual development plan for
the University of Dubuque ID Institutional
District, a copy of which is attached to and made
a part hereof, to wit:
Regular Session, June 7, 2004
219
Lot 2, Lot 4, Lot 9 and 10 of Kuehnle Heights,
and Lot 2-64 Finley Waples Burton Addition, and
to the centerline of the adjoining public right-of-
ways, ail in the City of Dubuque, Iowa.
Section 2. That pursuant to Iowa Code
Section 414.5 (2001) and as an express
condition of amending the University of Dubuque
ID Institutional District, the undersigned property
owner(s) agree(s) to the following conditions, all
of which the property owner(s) further agree(s)
are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Requlations.
The following regulations shall apply to all
uses made of land in the above-described ID
Institutional District:
1) Principal penmitted uses shall be limited to:
a) Colleges and universities [45]
b) Vocational Schools [45]
c) Seminaries [45]
d) Offices for administrative personnel or
other institutional employees and affiliates
[14]
e) Churches [7], libraries, and museums
[13]
f) Classrooms, laboratories, lecture halls,
and similar places of institutional assembly
[45]
g) Off-street parking and loading [NA]
h) Recreational or athletic facilities for the
primary use and benefit of institutional
residents or affiliates [7]
i) Singie-family, two family [11] or multi-
family dwellings for the housing of
institutional residents or affiliates [9]
2) Accessory Uses. The following uses shall
be penmitted as accessory uses in the above-
described ID Institutional District:
a) Located entirely within a principal
building, bookstores, or bars seating not more
than seventy-five (75) persons at one time and
located not closer than two hundred feet (200')
from the nearest Residential or Office
Residentiai District.
b) All uses customarily incidental to the
principal permitted uses in conjunction with
which such accessory uses operated or
maintained, but not to include commercial use
outside the principal building.
3) No conditional uses shall be allowed.
[ ] Parking requirements as per Section D of
this Ordinance.
B. Lot and Bulk Requlations.
Development of land in the ID Instltutionai
District shall be regulated as follows:
The proposed parking lot at the southwest
corner of McCormick and Finley Streets shall be
located in substantial conformance with the
attached conceptuai development plan and all
final site deveiopment plans are to be approved
in accordance with provisions of the ID
Institutional District regulations.
C. Performance Standards
The development and maintenance of uses in
this ID Institutional District shall be established
in conformance with Section 3-5.2 of the Zoning
Ordinance and the following standards:
1) The proposed parking lot at the southwest
corner of McCormick and Finley Streets shall
provide a minimum of 70 spaces and be
screened from adjacent roadways and
residential property.
2) New outdoor lighting for the parking iot
shall utilize 72-degree cut-off luminaries.
3) Landscaping shall be provided in
compliance with Section 4-5 of the Zoning
Ordinance.
4) All utilities including telephone and cable
television shall be installed underground.
5} Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance.
D. Parkinq Requirements
The off-street parking requirements for the
principal permitted uses for the herein described
iD Institutional District shall be designated by a
bracket enclosed number next to the use, as
herein described:
[9] 1.5 spaces for each dwelling unit
[11] Two spaces for each dwelling unit
[14] One space for each four hundred square
feet devoted to office use or one space for each
employee on the maximum shift, whichever is
greater.
[7] One space for each four permanent seats.
[13] One space for each five hundred square
feet of floor area accessible to the general
public.
[45] Dormitories - one space for each bed
Gymnasiums - one space for each six
permanent seats
Employees - .75 spaces for each employee on
the maximum shift
E. Open Soace and Recreational Areas
Those areas not designated on the conceptual
development plan for development shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the
property owner and/or association.
F. Siqn Requlations
The sign regulations shall be the same as that
which are allowed in the ID Institutional District
as established in Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
That all previously approved conceptuai
development plans are hereby amended to allow
for the attached conceptual development pian.
H. Transfer of Ownershio
Transfer of ownership or lease of property in this
ID Institutional District shall include the transfer
or lease agreement a provision that the
220
Regular Session, June 7, 2004
purchaser or lessee acknowledges awareness
of the conditions authorizing the estabiishment
of the district.
I. Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
J.Recordina
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within sixty [60] days of
the adoption of this ordinance. This ordinance
shall be binding upon the undersigned and all
his/her heirs, successors and assignees.
Section 3. That the foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment
shall take effect upon publication, as provided by
law.
Passed, approved, and adopted this 1'h day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 30~ day of July, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t 7/30
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Dubuque Racing Association Lease
Agreement: Proof of publication on notice of
hearing to consider approval of a lease
agreement between the City of Dubuque and the
Dubuque Racing Association for operation of the
Dubuque Greyhound Park and Casino,
presented and read. Cline moved that the proof
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Bruce Wentworth, General Manager of
Dubuque Greyhound Park, requested approval
of the lease agreement.
RESOLUTION NO. 238-04
DISPOSING OF INTEREST IN REAL
PROPERTY BY LEASE WITH DUBUQUE
RACING ASSOCIATION, LTD.
WHEREAS, the City of Dubuque, Iowa (City)
owns certain real property known as Dubuque
Greyhound Park and Casino; and
WHEREAS, City and Dubuque Racing
Association, LTD., an Iowa nonprofit corporation
(Association), have previousiy entered into a lease
for the Dubuque Greyhound Park and Casino
which lease has now expired; and
WHEREAS, City and Association now desire to
enter into an Amended and Restated Lease
Agreement for the Dubuque Greyhound Park and
Casino, which provides among other things for a
tenm terminating on March 31, 2014; and
WHEREAS, on June 7, 2004, the City Council
pursuant to notice published as required by law
held a public hearing on its intent to dispose of the
foregoing interest in real property and overruled ali
objections thereto;
WHEREAS, the City Council believes it is in the
best interests of the City of Dubuque to approve
the Amended and Restated Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, approves the Amended and
Restated Lease Agreement between the City of
Dubuque and Dubuque Racing Association, LTD.,
dated March 31, 2004.
Section 2. Mayor is hereby authorized and
directed to sign this Resolution and the Amended
and Restated Lease Agreement on behalf of the
City of Dubuque.
Passed, approved and adopted this 7th day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Eagle Point Water Plant ADA Elevator
Renovation Project: Proofs of publication on
notice of hearing and notice to bidders and City
Manager recommending award of the contract
for the Eagle Point Water Plant ADA Elevator
Renovation Project to Klauer Construction
Company in the contract amount of $135,991,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 239-04
ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 3rd day of May, 2004
Plans and Specifications, Fonm of Contract and
Estimated Cost were filed with the City Clerk of
Dubuque, Iowa for the renovation of the Eagle
Point Water Plant elevator at 1902 Hawthorne
Street, Dubuque, Iowa.
WHEREAS, Notice of Hearing on Plans and
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:
Section 1. The said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
Regular Session, June 7, 2004
221
contract and estimated cost for said
improvement for said project.
Passed, adopted and approved this ¡th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 240-04
AWARD OF CONTRACT
Authorizing the City Manager to execute a
contract with Klauer Construction Company of
Dubuque, Iowa for the elevator renovation at the
Eagle Point Water Plant.
WHEREAS, the Eagle Point Water Plant ADA
Elevator Renovation Project has been budgeted;
and
WHEREAS, Klauer Construction Company of
Dubuque, Iowa has submitted to the City an
agreement to conduct construction services of
this improvement in the amount of $135,991.
WHEREAS, Funds have been legally
appropriated for this expenditure.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Manager be
authorized to execute the agreement for
construction services with Klauer Construclion
Company of Dubuque, Iowa dated May 26, 2004
for the renovation of the Eagle Point Water Plant
elevator to comply with ADA Standards.
Passed, adopted and approved this 1'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Roosevelt Road Phase II Water Main
Extension Project: Proofs of publication on
notice of hearing and notice to bidders and City
Manager recommending award of the contract
for the Roosevelt Road Phase II Water Main
Extension Project to McClain Excavating in the
contract amount of $94,600, presented and
read. Michalski moved that the proof and
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 241-04
ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 3" day of May, 2004, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the installation of approximately 1,950
feet of 12 inch ductile iron water main with
accessories to be Installed along Roosevelt
Road to the Eagle Valley Subdivision;
Whereas, notice of hearing on the 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 plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 242-04
AWARDING CONTRACT TO McCLAIN
EXCAVATING CO., INC. OF PEOSTA, IOWA
FOR THE CONSTRUCTION OF APPROXI-
MATELY 1,950 FEET OF 12 INCH DUCTILE
IRON WATER MAIN WITH ACCESSORIES
ALONG ROOSEVELT ROAD TO THE EAGLE
VALLEY SUBDIVISION.
Whereas, the Roosevelt Road (Phase II)
Water Main Extension Project has been
budgeted; and,
Whereas, McClain Excavating Co., Inc. of
Peosta, Iowa has submitted to the City an
agreement to conduct construction services of
this improvement in the amount of $94,600.00;
and
Whereas, funds have been legally
appropriated for this expenditure.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager is authorized to execute
the agreement for construction services with
McClain Excavating Co., Inc. of Peosta, Iowa for
the construction of approximately 1,950 feet of
12 inch ductile iron water pipe along Roosevelt
Road to the Eagle Valley Subdivision in the
amount of $94,600.00.
Passed, adopted and approved this 1'h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Police Department Remodeling Project:
Proofs of publication on notice of hearing and
notice to bidders and City Manager
recommending award of the contract for the
Police Department Remodeling Project to
Stumpf Construction for Base Bid #1 and
Alternate #1 in the contract amount of $69,827
and to All Systems for Base Bid #2 and
Alternate #2 in the contract amount of $22,699,
222
Regular Session, June 7, 2004
presented and read. Cline moved that the
proofs and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 243-04
ADOPTING PLANS AND SPECIFICATIONS
FOR THE DUBUQUE POLICE REMODELING
PROJECT
Whereas, on the 19th day of April 2004, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the Dubuque Pollee Remodeling
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost for the Project 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 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 244-04
AWARDING CONTRACTS FOR THE
DUBUQUE LAW ENFORCEMENT CENTER
REMODELING PROJECT
Whereas, sealed proposals have been
submitted for the Dubuque Law Enforcement
Center Remodeling Project pursuant to
Resolution No. 169-04 and notice to bidders was
published in the Telegraph Herald in the City of
Dubuque, Iowa on the 23" day of April 2004;
and
Whereas, said sealed proposals were opened
and read on the 20lh day of May, 2004; and
Whereas, the bid from Stumpf Construction of
Dubuque, Iowa, in the amount of $69,827 was
the lowest bid for Base Bid #1 and Alternate #1
for the construction remodeling for ail labor and
materials and performing the work as provided
for in the plans and specifications; and
Whereas, the bid from All Systems of
Dubuque, iowa, in the amount of $22,699 was
the lowest bid for Base Bid #2 and Alternate #2
for the furnishings and all labor and materials for
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:
1. The contract is hereby awarded to Stumpf
Construction for Base Bid #1 and Alternate #1.
2. The contract is hereby awarded to All
Systems of Dubuque, Iowa for Base Bid #2 and
Alternate #2.
3. The City Manager is hereby directed to
execute the foregoing contracts on behalf of the
City of Dubuque for the complete performance
of the work.
4. Upon the execution of the foregoing
contracts and the approval of the contractor's
bond, the City Treasurer is authorized and
directed to return the bid deposits of the
unsuccessful bidders.
Passed, approved and adopted this 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Operations and Service Center Construction
Project (Tabled 5/19/04): Michalski moved that
the following item be removed from the table.
Seconded by Cline. Motion carried 7-0.
Proofs of publication on notice of hearing and
notice to bidders and City Manager
recommending award of the contract for the
Operations and Service Center Construction
Project to Portzen Construction in the contracl
amount of $11,532,831, presented and read.
Markham moved that the proofs and
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
RESOLUTION NO. 245-04
ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 5th day of April 2004, plans
and specifications, fonm of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the renovation of the
Operations and Service Center Construction
Project.
WHEREAS, notice of hearing on plans and
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:
Section 1. The said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, fonm of
contract and estimated cost for said
improvement for said project.
Passed, adopted and approved this ¡th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 246-04
AWARDING CONTRACT
Regular Session, June 7, 2004
223
Whereas, sealed proposals have been
submitted by contractors for the Operations and
Service Center Construction Project pursuant to
Resolution No. 133-04 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 61h day of April, 2004.
Whereas, said sealed proposals were opened
and read on the 61h day of May, 2004 and it has
been determined that the bid of Portzen
Construction Inc. of Dubuque, Iowa was the
lowest bid for providing 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 Project is
awarded to Portzen Construction, Inc. subject to
receipt of authorization from the Iowa
Department of Transportation and in the event
such approval is not received by Juiy 31, 2004,
then this resolution and the award of the
contract shall be of no further force or effect.
Upon receipt of such final authorization within
such time, however, the City Manager Is
authorized and directed to execute the contract
on behalf of the City of Dubuque.
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 yth day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
Grand Excursion 2004: Communication from
Patrick Seeb, Executive Director of Grand
Excursion 2004, inviting the City of Dubuque's
financial support of Grand Excursion 2004,
presented and read.
Patrick Seeb spoke clarifying the request.
Michalski moved that the communication be
received and filed and approved request of
$10,000. Seconded by Buol. Motion carried 7-
O.
Steven Drahozal and Mark Kressig - Request
to Address Council: Request of Steven J.
Drahozal, 3712 Pennsylvania Avenue, and Mark
Kresslg, 1733 Lori Street, to address the City
Council regarding emergency services within the
City. Mr. Kressig spoke and stated that Dorothy
Kressig fell on 5/1/04 and called 911 and it was
an hour later that the Asbury ambulance arrived.
He stressed the need for a Public Safety
Commissioner position.
Nicholson moved that this matter be received
and filed and referred to the City Manager.
Seconded by Michalski. Motion carried 7-0.
Darren D. White - Request to Address Council:
Request of Darren D. White to address the City
Council regarding the "Safe Ride" program. Mr.
White spoke clarifying this program. Nicholson
moved that this be received and filed and
referred to the City Manager. Seconded by
Cline. Motion carried 7-0.
Board of Directors - Greater Dubuque
Development Corporation: Communication from
Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation,
requesting appointment of Council Members to
the GDDC Board of Directors (currently Council
Member Dan Nicholson and Council Member
Pat Cline) and affirming that Mayor Terry
Duggan, City Manager Mike Van Milligen and
Economic Development Director Bill Baum will
continue to serve as provided by GDDC's by-
laws, presented and read. Cline moved that the
communication be received and filed and
reaffirmed the same appointments with direction
to discuss all Council appointments at the next
goal setting session. Seconded by Michalski.
Motion carried 7-0.
Dubuque Humane Society Purchase of
Services Agreement: City Manager
recommending approval of a five-year Purchase
of Service Agreement between the City of
Dubuque and the Dubuque Humane Society in
the amount of $46,400 for Fiscal Year 2005 and
continuing to $112,400 for Fiscal Year 2008-09,
presented and read.
Jane McCall, Executive Director of the
Humane Society, spoke in support of the
proposed five year agreement.
Michalski moved that the communication be
received and filed and recommendation
approved. Seconded by Buol. Motion carried
7-0.
Dubuque Racing Association Loan
Documents: City Manager recommending
approval of the Dubuque Racing Association
bank loan documents allowing them to borrow
up to $22 million for their renovations at
Dubuque Greyhound Park & Casino, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 7-0.
224
Regular Session, June 7, 2004
National Register of Historic Places: Historic
Preservation Commission recommending
approval of the nomination of the Multiple
Property Document entitled 'The Architectural
and Hisforic Resources of Dubuque, Iowa, 1833
- 1955" to the National Register of Historic
Places, presented and read. Cline moved that
the communication be received and filed and
approved recommendation. Seconded by Buol.
Motion carried 7-0.
West 11'h Street Historic District: Historic
Preservation Commission recommending
approval of the application of the City of
Dubuque for nomination of the West 111h Street
Historic District to the National Register of
Historic Places, presented and read. Michalski
moved that the communication be received and
filed and recommendation approved. Seconded
by Nicholson. Motion carried 7-0.
Langworthy Historic District: Historic
Preservation Commission recommending
approval of the application of the City of
Dubuque for nomination of the Langworthy
Historic District to the National Register of
Historic Places, presented and read. Michaiski
moved that the communication be received and
filed and recommendation approved. Seconded
by Nicholson. Motion carried 7-0.
Riverwalk Sixth Addition - Final Plat: City
Manager recommending approval of the final
plat of Lot 1 of Riverwalk Sixth Addition in the
City of Dubuque, presented and read. Cline
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
RESOLUTION NO. 247-04
RESOLUTION APPROVING PLAT OF LOT 1
OF RIVERWALK SIXTH ADDITION IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 17'h day of February, 2004, prepared
by WHKS & Co. describing Lot 1 of Riverwalk
Sixth Addition in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, said plat confonms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 11'h day of
February, 2004 prepared by WHKS & Co.,
relative to the real estate hereinabove described
be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this i day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Mayor Duggan turned control of the meeting to
the Mayor Pro-Tem due to possible conflict of
interest.
Holliday Third Addition - Final Plat: City
Manager recommending approval of the final
plat of Holliday Third Addition providing for the
platting of eight commercial lots along an
extension of Holliday Drive, presented and read.
Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 6-0.
RESOLUTION NO. 248-04
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND
LOT A AND LOT B OF HOLLIDAY 3RD
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 thou 8, Inclusive, and
Lot A and Lot B of Holliday 3" Addition, in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets
to be known as Holliday Drive (Lot A) and
Payton Drive (Lot B), together with certain public
utility easements, which the owners by said final
plat have 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 her 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, 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 Holliday
Drive (Lot A) and Payton Drive (Lot B), together
with the easements for public utilities as they
appear upon said final plat, be and the same are
hereby accepted; and
Section 2. That the final plat of Lots 1 thru 8,
Inclusive, and Lot A and Lot B of Holliday 3'
Addition is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
Regular Session, June 7, 2004
225
endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners
of said property herein named, execute their
written acceptance hereto attached agreeing:
(a) To reduce Holliday Drive (Lot A) and
Payton Drive (Lot B) 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 and IDOT standard specifications,
aU in a manner acceptable to the City Engineer,
in conformance with construction improvement
plans approved by the City Engineer and IDOT,
and inspected by the City Engineer and IDOT.
(b) To install sanitary sewer main, water main,
water and sewer service laterals into each 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 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;
(d) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said QHQ
Properties, as owners of said property, shall
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptabie to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the pubiic
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164, except along State Highway 32
(Northwest Arteriai). 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. AU vacant lots
shall have sidewaiks installed upon development
of 80% of the lots approved by the plat.
Section 4. That storm water detention is
provided through a service agreement with the
City of Dubuque. A copy of the Storm Water
Facilities Fee Agreement was filed this 8'h day of
June 2004 as Instrument No. 10046-04 in the
records of the Dubuque County Recorder's
Office.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that aU public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 6. That in the event QHQ Properties
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 approval the
plat shall not be effective.
Passed, approved and adopted this ¡th day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 248-04
i, the undersigned, Tim Quagliano,
representing QHQ Properties, having read the
terms and conditions of Resolution No. 248-04
and being familiar with the conditions thereof,
hereby accept the same and agree to the
conditions re~uired therein.
Dated this 8 h day of 2004.
By: /s/ Tim Quagliano,
QHQ Properties
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 6-0.
Mayor Duggan returned and took control of the
meeting.
Process for Establishing Demolition Districts:
Historic Preservation Commission requesting
Council direction regarding the process to be
used for establishing demolition districts within
the City, presented and read. Michalski moved
that the communication be received and filed
and referred to the City Manager and staff.
Seconded by Buol. Motion carried 7-0.
Animal Ordinance Update: City Manager
recommending approval of amendments to
Chapter 7, Animals and Fowl, of the Code of
Ordinances to be consistent with amendments
to the Code of Iowa, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
An Ordinance Amending the City of Dubuque
Code of Ordinances Section 7-20 City
Manager's Authority to Contract for the
Collection, Protection and Disposition of Dogs,
Cats and Other Animals and Section 7-24
Disposition of Unredeemed Dogs or Cats,
presented and read.
226
Regular Session, June 7, 2004
OFFICIAL PUBLICATION
ORDINANCE NO. 37-04
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES SECTION 7-20 CITY
MANAGER'S AUTHORITY TO CONTRACT
FOR THE COLLECTION, PROTECTION AND
DISPOSITION OF DOGS, CATS AND OTHER
ANIMALS AND SECTION 7-24 DISPOSITION
OF UNREDEEMED DOGS OR CATS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of
Ordinances §7-20 is amended to read as
follows:
Sec. 7-20. City Manager's Authority:
The city manager is hereby authorized to
contract with a person or entity the city manager
detenmines to be quaiified for carrying out the
provisions of this article including the collection,
protection and disposition of dogs, cats and
other animals and the collection of fees for
licensing and care of seized and impounded
dogs and cats.
Section 2. The City of Dubuque Code of
Ordinances §7-20 is amended to read as
follows:
Sec. 7-24. Disposition Of Unredeemed Dogs
Or Cats:
(a) If the owner of a licensed dog impounded
pursuant to this article does not redeem such
animal within seven (7) days after the mailing of
the notice provided for in this article, the license
shall automatically be revoked and the animal
disposed of as directed by the health officer.
If the owner of a iicensed cat impounded
pursuant to this article does not redeem such
animal within five (5) days after the mailing of
the notice provided for in this article, the license
shall automatically be revoked and the animal
disposed of as directed by the health officer.
(b) Any unlicensed dog or cat not redeemed
by the owner within three (3) days after it has
been seized or impounded shall be disposed of
as directed by the health officer.
Section 3. This ordinance shall take effect
upon pubiication.
Passed, approved and adopted this 7th day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 11'h day of June, 2004.
Jeanne F. Schneider, City Clerk
11 6/11
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
Highway 61/151 Billboard: Request of David
Hartig, 1255 Southern Avenue, to address the
Council regarding reconsideration of the City
Council's approval on May 17, 2004 of the
installation of a billboard on Highway 61/151 and
City Manager submitting additional information
regarding the issue of the billboard, presented
and read.
David Hartig spoke stating he had no
additional comments.
Michalski moved that the communications be
received and filed. Seconded by Connors.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Nicholson reported on the ribbon cutting for
the directional sign at Dubuque Technology Park
and questioned whether these events could be
scheduled on a non-Council meeting day. The
majority of the City Council was in favor of
scheduling them just prior to the Council
meetings.
Michalski informed the Council that she would
be a presenter at the fall meeting of the Iowa
League of Cities.
Markham reported that he had been part of a
contingent of people who attended the recent
Iowa Department of Transportation meeting in
Decorah to gather support for the funding of the
Southwest Arterial.
City Manager Van Milligen requested Council
direction on the date of the first Council meeting
in July as the Library is scheduled to be closed
on Monday, July 5'h due to the holiday.
Corporation Counsel was directed to provide an
ordinance at the next meeting (June 21, 2004)
changing the date of the meeting to Tuesday,
Juiy 6, 2004.
PUBLIC INPUT
Richard Henkel and Sandi Williams, devel-
opers of Grandview Estates, stated that they
thought their subdivision plat was to have been
on the Council agenda that evening and
expressed concerns they had with the Zoning
Advisory Commission.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 8:12 P.M.
11 6/16
Is/ Jeanne F. Schneider, CMC
City Clerk
Regular Session, June 7, 2004
227
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
228
Regular Session, June 21, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Meeting, Regular Session, June
21, 2004
City Council met 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 Counsei Lindahl
Absent: City Manager Van Milligan
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Pastor Steve Meysing
of St. John's Lutheran Church.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 5/25; City Council of 6/7;
Environmental Stewardship Advisory Com-
mission of 6/1; Historic Preservation
Commission of 5/19; Housing Code Appeals
Board of 5/18; Human Rights Commission of
5/10; Library Board of 4/22; Zoning Advisory
Commission of 6/2; Zoning Board of Adjustment
of 5/27, presented and read. Buol moved that
the minutes be received and filed. Seconded by
Markham. Motion carried 7-0.
Proofs of publication for City Council
Proceedings of May 17 and June 1, 2004 and
List of Claims and Summary of Revenues for
month ending April 30, 2004, presented and
read. Buol moved that the proofs be received
and filed. Seconded by Markham. Motion
carried 7-0.
Printed Council Proceedings of March, 2004,
presented and read. Buol moved that the
proceedings be received and filed and approved
as printed. Seconded by Markham. Motion
carried 7-0.
Finance Director submitting the City of
Dubuque Financial Reports for the month ending
May 31, 2004, presented and read. Buol moved
that the communication and reports be received
and filed. Seconded by Markham. Motion
carried 7-0
Notice of Claims/Suits: Timothy G. Clark on
behalf of Tanner G. Clark for personal injury;
Deutsche Bank Trust Company v. City of
Dubuque, et al; Joe and Shaunda Steffen for
property damage; Rita R. Stevenson for vehicle
damage, presented and read. Buol moved that
the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Sandra G.
Adams for personal injury; William Felderman
for property damage; Jodi McDonell for vehicle
damage; Joe and Shaunda Steffen for property
damage, presented and read. Buol moved that
the communications be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel recommending
settlement of the back pay claim of William
Kelly, presented and read. Buol moved that the
communication be received and fiied and
concurred and directed Finance Director to issue
proper check. Seconded by Markham. Motion
carried 7-0.
Development Agreement for Westbrook
Subdivision: City Manager recommending
approval of a revised Development Agreement
with Callahan Construction, Inc., for
development of affordable single-family housing
in the Westbrook Subdivision, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Tri-State Community Health Center
Application: City Manager communication to the
Bureau of Primary Health Care in support of the
Tri-State Community Health Center's application
for a federally qualified community health center,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Specific and Aggregate Stop Loss Insurance
Renewal: City Manager recommending approval
of the renewal rates submitted by Allianz for
specific and aggregate stop loss insurance for
the City's health plans, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Health Choices Administrative Services Fee:
City Manager recommending approval of the
administrative services fee presented by Health
Choices for the period May 1, 2004 through
Regular Session, June 21, 2004
229
June 30, 2006, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Collective Bargaining Agreement with
Amalgamated Transit Union, Local #329: City
Manager recommending approval of the
collective bargaining agreement between the
City and the Amalgamated Transit Union
effective July 1, 2004, presented and read. Buol
moved that the communication be received and
fiied. Seconded by Markham. Motion carried 7-
O.
RESOLUTION NO. 249-04
APPROVING THE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA, AND THE
AMALGAMATED TRANSIT UNION, LOCAL
#329 ND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Amalgamated Transit Union,
Local #329 is an employee organization within
the meaning of Section 3 (4) of the Public
Employment Relations Act; and
Whereas, the Amalgamated Transit Union,
Local #329 submitted a request to bargain
collectively on behalf of the employees within its
representation; and
Whereas, bargaining between the parties has
occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the tenms of the agreement be
approved and the Mayor authorized and directed
to sign the collective bargaining agreement.
Passed, approved and adopted this 21" day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Forest Grange Subdivision #3 - Preliminary
Plat: Zoning Advisory Commission
recommending approval of the preliminary plat
of Forest Grange Subdivision #3, located on
Kennedy Road near Rustic Forest Road in
Dubuque County, as requested by Buesing and
Associates/Jim Gantz, Lime Rock Springs
Company, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Markham. Motion carried 7-0.
Oberbroeckling Subdivision No.2: Zoning
Advisory Commission recommending approval
of the minor final piat of Oberbroeckling
Subdivision No.2 located at 12463 North
Cascade Road, as requested by John
Oberbroeckling, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0
RESOLUTION NO. 250-04
RESOLUTION APPROVING THE FINAL PLAT
OF LOT 1, 2 AND 3 OF OBERBROECKLING
SUBDIVISION NO.2
Whereas, there has been filed with the City
Clerk a Final Piat of Lot 1, 2 and 3 of
Oberbroeckiing Subdivision No.2 in Dubuque
County; and
Whereas, said plat has been examined by the
Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said plat has been examined by the
City Council and they find that it confonms 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 Final Plat of Lot 1, 2 and 3
of Oberbroeckling 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 subdivision plat.
Section 2. That the City Council hereby waives
Article IV, Design and Improvement Standards
of Subdivision Regulations, except Section 42-
19, Lots and Blocks.
Passed, approved and adopted this 21'1 day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
In-Line Skate Rink Project: City Manager
recommending acceptance of the In-Line Skate
Rink Project as completed by Fondell
Excavating in the final contract amount of
$85,850.80, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0
RESOLUTION NO. 251-04
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the In-Line Skate
Rink Construction Project has been completed
and the City Manager has examined the work
and filed his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
230
Regular Session, June 21, 2004
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 252-04
FINAL ESTIMATE
WHEREAS, the contract for the In-Line Skate
Rink Construction Project has been completed
and the Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $85,850.80, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 21 st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Agreement with Hillcrest Family Services for
Use of Murphy Park: City Manager recom-
mending approval of an agreement with Hillcrest
Family Services for use of Murphy Park to set up
a holiday light display, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Citizen Communication: Communication from
Richard E. Koob, 330 Olympic Heights,
regarding a north end junkyard and requesting
that junkyards be inspected, presented and
read. Michalski moved that the communication
be received and filed and referred to the City
Manager. Seconded by Markham. Motion
carried 7-0.
Chaplain Schmitt Memoriai: City Manager
advising that the new leaseholder for this
property has agreed to try to improve the
accessibility and requesting time to work on this
issue with the leaseholder, presented and read.
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
Communication from Walter A. Pregler, 2966
Shiras Avenue, regarding the Chaplain Schmitt
Memorial, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0
American Red Cross of the Tri-States:
Communication from Stan Schwartz, Executive
Director - American Red Cross of the Tri-States,
thanking the City and the community for
assistance in raising the necessary funds to
purchase an Emergency Response Vehicle
(ERV), presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0
Flood Hazard Mitigation Demolition Project -
Phase II: City Manager recommending
acceptance of the Flood Hazard Mitigation
Demolition Project - Phase II as completed by
Top Grade Excavating, Inc., in the final contract
amount of $18,826.65, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0
RESOLUTION NO. 253-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Flood Hazard
Mitigation Demolition Project - Phase II has
been completed and the City Manager has
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans and
specifications and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the FY 2004 budget
amendment (Amendment #3) in amounts equal
to the amount of his contract, iess any retained
percentage provided for therein.
Passed, approved and adopted this 21'1 day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Regular Session, June 21,2004
231
RESOLUTION NO. 254-04
FINAL ESTIMATE
Whereas, the contract for the Flood Hazard
Mitigation Demolition Project - Phase II has
been completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $18,826.65 and the
said amount shall be paid from the Fiscal Year
2004 budget amendment (Amendment #3)
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 21'1 day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Contract for State Brownfield Grant: City
Manager recommending approval of a State of
Iowa Brownfield Project Financial Assistance
Agreement for $142,655 for petroleum cleanup
In the Port of Dubuque, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0
RESOLUTION NO. 255-04
A RESOLUTION AUTHORIZING THE EXECU-
TION OF A BROWNFIELD PROJECT
FINANCIAL ASSISTANCE AGREEMENT FOR
ONE HUNDRED FORTY-TWO THOUSAND
SIX HUNDRED FIFTY-FIVE DOLLARS
($142,655) FOR PETROLEUM CLEANUP IN
THE PORT OF DUBUQUE.
Whereas, the State Brownfield Redevelopment
Fund has been created by the Iowa Department
of Economic Development to assist in the
economic development efforts of local
jurisdictions; and
Whereas, on March 18, 2004, the City of
Dubuque, Iowa was awarded a One Hundred
Forty-Two Thousand Six Hundred Fifty-Five
dollar ($142,655) forgivable loan from the Iowa
Department of Economic Development; and
Whereas, the City of Dubuque, Iowa desires to
utiiize the funding to assist in the cleanup of
petroleum contamination in the Port of Dubuque;
and
Whereas, the Assistance Agreement, Award
Number 04-BRN-04, hereto attached and by this
reference made a part hereof, is to be executed
between the community and the Iowa
Department of Economic Development.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor be and he is hereby
authorized and directed to endorse, on behaif of
the City Council of the City of Dubuque, Iowa,
the attached Assistance Agreement and
Promissory Note for Award Number 04-BRN-04.
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Dubuque Industrial Center West Third Addition
Engineering Consultant: City Manager
recommending approvai of the selection of IIW
as the engineering consultant for the Dubuque
Industrial Center West (DICW) 3,d Addition,
presented and read. Buol moved adoption of the
Resolution. Seconded by Markham. Motion
carried 7-0.
RESOLUTION NO. 256-04
RESOLUTION AUTHORIZING CONTRACT
WITH IIW ENGINEERS & SURVEYORS, P.C.
FOR THE DESIGN AND ENGINEERING OF
DUBUQUE INDUSTRIAL CENTER WEST - 3"
ADDITION
Whereas, the City Council has made the
extension of Chavenelle Road between
Dubuque Industrial Center and Dubuque
Industrial Center West, and the development of
the next phase of the Dubuque Industrial Center
West a high priority, and
Whereas, the City Council approved a
Request for Proposals for the design and
engineering of Dubuque industrial Center West
- 3,d Addition at the May 3, 2004 City Council
meeting, and
Whereas, the Request for Proposals has been
issued, responses have been received and
reviewed, and interviews have been conducted
by an RFP review committee of City and Greater
Dubuque Development Corporation staff, and
Whereas, the RFP review committee is
recommending the City enter into a contract with
IIW Engineers and Surveyors for the design and
engineering, and
Whereas, the City has budgeted for the design
and engineering work in the FY 05 Capital
Improvement Program,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. IIW Engineers & Surveyors, P.C. is
hereby selected to provide design and
engineering services for Dubuque Industrial
Center West - 3,d Addition.
Section 2. The City Manager is hereby
authorized to negotiate a contract and detailed
scope of services with IIW Engineers &
Surveyors, P.C. for the proposed design and
engineering work.
232
Regular Session, June 21, 2004
by Markham.
Passed, approved and adopted this 21" day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
US 20 Reconstruction Agreement: City
Manager recommending approval of a predesign
agreement among the Iowa Department of
Transportation (Iowa DOT), the County of
Dubuque, and the City of Dubuque for the
extension or improvement of US 20 as a
controlled access facility within Dubuque County
and the City of Dubuque, presented and read.
Buol moved that the communication be received
and fiied. Seconded by Markham. Motion
carried 7-0
RESOLUTION NO. 257-04
RESOLUTION APPROVING THE PREDESIGN
AGREEMENT AMONG THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE, AND
THE IOWA DEPARTMENT OF TRANS-
PORTATION FOR THE US 20 RECON-
STRUCTION PROJECT (NHS-20-9(121)-19-
31)
Whereas, the City of Dubuque, County of
Dubuque, and the Iowa Department of
Transportation propose to develop a controlled
access facility to the Primary Road No. US 20.
Whereas, the Iowa Department of
Transportation has prepared a predesign
agreement among the City of Dubuque, the
County of Dubuque, and the Iowa Department of
Transportation for reconstruction of US 20 from
the Peosta interchange extending easterly,
northeasterly to just east of the Northwest
Arterial within the City.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the Predesign Agreement
2004-P-118 among the City of Dubuque, the
County of Dubuque, and the Iowa Department of
Transportation be approved.
Section 2. That the Mayor be authorized and
directed to execute three copies of the
predesign agreement among the City of
Dubuque, the County of Dubuque, and the Iowa
Department of Transportation.
Passed, adopted and approved this 21" day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Five Fiags Civic Center Commission: Gary
Dolphin submitting his resignation from the Five
Flags Civic Center Commission, presented and
read. Buoi moved that the communication be
received and filed.
Motion carried 7-0
Seconded
Dubuque County Historical Society Sublease:
City Manager recommending approval of a
sublease agreement between the Dubuque
County Historical Society and the National
Audubon Society to allow the docking of the
Audubon Ark (the Lily Belle) as requested by
Jerry Enzler, Executive Director of the DCHS,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Dubuque County Board of Supervisors:
Communication from the Dubuque County
Board of Supervisors requesting that the City of
Dubuque Transit Division become a certified
HCBS Transportation Provider, presented and
read. Buol moved that the communication be
received and flied and referred to the City
Manager. Seconded by Markham. Motion
carried 7-0.
City of Asbury: Communication from Richard
A. Anderson, Mayor of Asbury, advising that
they will be working with City Manager Michael
C. Van Milligen to prepare a plan of action for
the severance of parcels to be annexed by the
City of Asbury, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0
Business Licenses:
RESOLUTION NO. 258-04
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
Dubuque Discount Gas # 3
Gas # 3
Key West Conoco
Dubuque Discount
3270 Dodge St
Rainbo Oil Com
2150 Twin Valley
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 259-04
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, June 21,2004
233
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.
21 RENEWALS
Myra Woodman
110310waSt
Waseem Choudhry
1998 Jackson St
Diamond Jo, LLC
400 E. 3" St
Dubuque Discount
4110 Dodge St
Dubuque Inn Corp
3434 Dodge St
Nash Finch Company
3355 JFK Rd
Richard Hirsch
1121 University Av
Hy-Vee, inc
3500 Dodge St
Hy-Vee, Inc
2395 NW Arterial
Rainbo Oil Com
2150 Twin Valley
David H. Erickson
385E.131hSt
Pamela Murphy
55 Locust St
TFM Co.
250 W. 1" St
TFM Co.
51 W. 32"' St
TFM Co.
1256 Iowa St
K-Chap Foods
1050 University Av
TFM Co.
2010 Kerper Blv
Shannon's Bar Inc.
521 E. 22"' St
Charles Steffen
1701 Central Av
Craig Weiner
709 University Av
David Hoffman
450 W Locust
Passed, approved and adopted this day of,
2004.
Aragon Tap
AWN Stop Mart
Diamond Jo Casino(Boat)
Dubuque Discount Gas
Gas, Inc
Dubuque Inn
Econofoods # 471
Fat Tuesday's
Hy-Vee # 1
Hy-Vee
Keywest Conoco
Lucky 13 Tavern
Murph's Southend Tap
Oky Doky # 1
Oky Doky # 2
Oky Doky # 6
Oky Doky # 14
Oky Doky # 21
Shannon's Bar
Tony's Place
WalnutTap
White House
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 260-04
Whereas, appiications 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 appiicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees - Tent
A Main St-Town Clock
Dubuque Jaycees Dubuque Jaycees - Tent
B Main St-Town Ciock
Dubuque Jaycees Dubuque Jaycees - Tent
C Main St-Town Clock
Rotary Club of Dubuque
Rotary Club
Alliant Amphitheater
Tri State Independent Blind Sunday Fun
Festival + (Outdoor) 3333 Asbury Rd
CLASS "C" BEER PERMIT
Rainbo 011 Company Kwik Stop Food
Mart+(Sunday Sale) 1401 Central Av
K-Chap Foods, Inc. Oky Doky # 14+
(Sunday Sale) 1050 University Av
Rainbo Oil Company Keywest Conoco+
(Sunday Sale) 2150 Twin Valley Dr
Dubuque Discount Gas, Inc Dubuque Discount
Gas#3+(Sunday) 3270 Dodge St
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 261-04
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
Apple Corps LP Applebee's+
(Sunday Sale) 1395 Associates Dr
Tom Koch, Inc Paul's Tap+
(Sunday Sale) 176 Locust St
Pamela Murphy Murphs South End Tap
55 Locust St
DBQ # 6 American Legion American Legion
#6+(Sunday Saie) 1306 Delhi St
Apartment LTD Corp Dubuque Mining Co
(1-Day Outdoor Sale) 555 JFK Rd
234
Regular Session, June 21, 2004
SMG Food & Beverage LLC SMG Five Flags
Center+(Sunday Sale) 405 Main St
SPECIAL CLASS "C" LIQUOR
Four Seasons Buffet, Inc Four Seasons
Buffet+(Sunday Sale) 3305 Asbury Rd
Carroll's Wine Company Grape Harbor-
Sidewalk Outdoor Sale 123 Main St
Café Manna Java, LLC Café Manna Java-
Sidewalk Outdoor Sale 269 Main St
Passed, approved and adopted this 21 st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Blanche Avenue - Request to Vacate: City
Manager recommending that a public hearing be
set for July 6, 2004 to consider a request from
John M. Lanser and Jean M. Mastin to vacate
Blanche Avenue from Vivian Avenue west 250
feet, presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 262-04
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 136A OF MAPLE
LEAF ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, John M. Lanser and Jean M. Mastin
has requested the vacating of Blanche Avenue
from Vivian Avenue west 250 feet; and
Whereas, IIW Engineers & Surveyors, Inc. has
prepared and submitted to the City Council a
plat showing the vacated portion of Blanche
Avenue from Vivian Avenue west 250 feet and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot 136A of
Maple Leaf Addition in the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Blanche
Avenue from Vivian Avenue west 250 feet is no
longer required for public use, and vacating and
sale of said portion of street known as Lot 136A
of Maple Leaf Addition in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 136A of Maple Leaf
Addition in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 136A of
Maple Leaf Addition in the City of Dubuque,
Iowa to the John M. Lanser and Jean M. Mastin
be contingent upon the cost of surveying and
platting, plus publication and filing fees of
$100.00.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 21" day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoiution and
set public hearing for 7/6/04 at a 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 Nicholson. Motion carried 7-0.
Greater Downtown Urban Renewal District
Amendment: City Manager recommending
adoption of a Resolution of Necessity to begin
the process of amending the Urban Renewal
Plan for the Greater Downtown Urban Renewal
District and to set a public hearing for August 2,
2004 to consider said amendment, presented
and read. Cline moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 263-04
A RESOLUTION OF NECESSITY FINDING
THAT AN AMENDMENT TO THE URBAN
RENEWAL PLAN FOR THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT IS
NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE,
IOWA.
Whereas, the City Council of the City of
Dubuque adopted an Urban Renewal Plan for
the Greater Downtown Urban Renewal District
on April 19, 2005 by Resolution 170-04 to
stimulate and guide public and private
investment within the District; and
Whereas, the City Council of the City of
Dubuque has determined that an amendment to
the Urban Renewal Plan for the Greater
Downtown Urban Renewal District will provide
redevelopment opportunities which will further
the purposes and objectives of the Urban
Renewal Plan for the Greater Downtown Urban
Renewal District; and
Whereas, the City of Dubuque shall undertake
the urban renewal actions specified in the Urban
Renewal Plan, pursuant to the powers granted
to it under Chapter 403 of the Iowa Code, Urban
Renewal Law, and Chapter 15A of the Iowa
Code; and
Whereas, Chapter 403 of the Iowa Code
requires that before an urban renewal plan may
be modified, the City Council must adopt a
resolution of necessity and provide for a process
of review and consultation prior to adoption of an
amended and restated plan.
Regular Session, June 21,2004
235
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That an amendment to the Urban
Renewal Plan for the Greater Downtown Urban
Renewal District is necessary and appropriate to
facilitate the proper growth and development of
the community in accordance with sound
planning and local community objectives.
Section 2. That the City Manager is authorized
and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, to forward
said Plan to the City's Long Range Planning
Advisory Commission for review and comment
and to begin the consultation process required
by law with affected taxing entities.
Section 3. That the City Clerk is directed to
publish notice of a public hearing on the
adoption of an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban
Renewai District to be held on August 2, 2004 at
6:30 p.m. in the Carnegie-Stout Public Library
Auditorium, 360 W. 11th Street, Dubuque, Iowa
52001 and that said notice shall generally
identify the area covered by the Amended and
Restated Plan and the general scope of the
amendment.
Section 4. That the City Clerk is further
directed to send by ordinary mail a copy of said
notice of public hearing to the Dubuque
Community School District, the County Board of
Supervisors and the Northeast Iowa Community
College, as the affected taxing entities.
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Ciine moved adoption of the Resolution and
set this for public hearing on 8/2/04 at a meeting
to commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commissions:
Historic Preservation Commission (Two three-
year terms which will expire 7/1/07 [Jackson
Park District - term of Bichell and West 11'h
District - Term of Whalen]; One unexpired three
year term through 7/1/05) Applicants: David
Stuart for Jackson Park, Timothy Goen for West
11'h Street. David Stuart spoke explaining he
would like to represent the Jackson Park District,
thus allowing the At Large position to be filled by
someone else.
Investment Oversight Commission (Two three-
year terms which will expire 7/1/07) Applicants:
Stephen Reisdorf; Gary Ruden. No one spoke.
Zoning Advisory Commission (Two three-year
terms which will expire 7/1/07) Applicants:
Eugene Bird, Jeff Stiles. Jeff Stiles spoke
requesting consideration for reappointment. He
also stated that Eugene Bird could not be in
attendance but was interested in reappointment.
Appointments to
Boards/Commissions:
following
the
Long Range Planning Advisory Commission
(Two vacancies which will expire 7/1/07)
Applicant: Charles Winterwood. Michalski
moved that Charles Winterwood, M.D. be
reappointed to a three year term which will
expire 7/1/07. Seconded by Connors. Motion
carried 7-0.
Park and Recreation Commission (Three
vacancies which will expire 6/30/07 - Terms of
Lyness, Harjehausen, Hoffmann) Applicants:
Gary L. Harjehausen, Paul F. Hoffmann, Karen
Lyness, Evelyn Nadeau. Vote on the
appointments was as follows: Cline voted for
Harjehausen, Hoffmann and Lyness. Connors
voted for Ha~ehausen, Hoffmann and Lyness.
Duggan voted for Ha~ehausen, Hoffmann and
Lyness. Markham voted for Harjehausen,
Hoffmann and Lyness. Michalski voted for
Hoffmann, Lyness and Nadeau. Nicholson voted
for Harjehausen, Hoffmann and Lyness. Buol
voted for Harjehausen, Hoffmann and Lyness.
Therefore, Karen Lyness, Gary Harjehausen
and Paul F. Hoffmann were reappointed to the
Park & Recreation Commission for three year
terms which will expire 6/30/07.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to address the Council.
Seconded by Nicholson. Motion carried 7-0.
4039 Pennsylvania Avenue - Request to
Rezone: Proof of publication on notice of
hearing to consider rezoning property located at
4039 Pennsylvania Avenue from R-3 Moderate
Density Multi-Family Residential to C-2
Neighborhood Shopping Center District at the
request of Buesing and Associates/Paul Fahey,
Riverdream Properties, and Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Jill Reimer, representing Kwik Stop and the
Dairy Queen, spoke requesting the change in
zoning which would allow the business to
expand and have a drive through.
236
Regular Session, June 21, 2004
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 4039
Pennsylvania Avenue from R-3 Moderate
Density Multi-Family District to C-2
Neighborhood Shopping Center District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 4039
PENNSYLVANIA AVENUE FROM R-3 MOD-
ERATE DENSITY MULTI-FAMILY DISTRICT
TO C-2 NEIGHBORHOOD SHOPPING
CENTER DISTRICT
ONOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from R-3
Moderate Density Multi-Family Residential
District to C-2 Neighborhood Shopping Center
District, to wit:
Lot 1 of Palle Place and balance of Lot 1 of 1
of A Embassy West Subdivision, and to the
centerline of the adjoining public right-of-way all
in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Teiegraph Herald
newspaper this 251h day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t6/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Southeast Corner of Old Highway Road and
Cousins Road - Request to Rezone: Proof of
publication on notice of hearing to consider
rezoning property located at the southeast
corner of Old Highway Road and Cousins Road
from AG Agricultural District to R-1 Single-
Family Residential District as requested by Paul
Cate and Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Paul Cate spoke in favor of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located near the southeast
corner of Old Highway Road and Cousins Road
from AG Agricultural District to R-1 Single-
Family Residential District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED NEAR THE
SOUTHEAST CORNER OF OLD HIGHWAY
ROAD AND COUSINS ROAD FROM AG
AGRICULTURAL DISTRICT TO R-1 SINGLE-
FAML Y RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE iT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter described property as shown in
Exhibit A, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque,
Iowa from AG Agricultural District to R-1 Single-
Family Residential District; and
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
immediateiy upon publication, as provided by
law.
Passed, approved and adopted this 21" day of
June, 2004 .
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 251h day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t 6/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
Regular Session, June 21, 2004
237
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Alley Vacating Petition: Proof of publication on
notice of hearing to consider a request from
Randy E. and Pamela J. Davis, Benjamin J.
Mueller and Margaret M. Mueller to vacate and
purchase a portion of the alley between 825 and
855 Salem Street from Roosevelt to Salem and
City Manager recommending approval,
presented and read. Buol moved that the proof
and communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 264-04
RESOLUTION APPROVING PLAT OF THE
PROPOSED VACATED ALLEY BETWEEN 825
AND 855 SALEM STREET FROM
ROOSEVELT TO SALEM
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated 191h day of May, 2004 prepared by IIW
Engineers & Surveyors, PC describing the
proposed vacated alley between 825 and 855
Salem Street from Roosevelt to Salem; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated 191h day of May,
2004, prepared by IIW Engineers & Surveyors,
PC relative to the real estate hereinabove
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to fiie said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 21'1 day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
An Ordinance vacating the alley between 825
and 855 Salem Street from Roosevelt to Salem,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-04
ORDINANCE VACATING THE ALLEY BE-
TWEEN 825 AND 855 SALEM STREET FROM
ROOSEVELT TO SALEM
Whereas, Randy E. and Pamela J. Davis,
Benjamin J. Mueller, and Margaret M. Mueller
have requested the vacating of the alley
between 825 and 855 Salem Street from
Roosevelt to Salem; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated alley between 825 and
855 Salem Street from Roosevelt to Salem and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot 179A, Lot
180A, and Lot 181A of O'Neill's Addition to
North Dubuque in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has detenmined that the alley
between 825 and 855 Saiem Street from
Roosevelt to Salem is no longer required for
public use, and vacating of said alley known as
Lot 179A, Lot 180A, and Lot 181A of O'Neill's
Addition to North Dubuque, in the City of
Dubuque, Dubuque County, Iowa should be
approved.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 179A, Lot 180A, and Lot 181A of O'Neill's
Addition to North Dubuque, in the City of
Dubuque, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this 21"day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25~ day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t 6/25
Buoi moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 265-04
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 179A, LOT 180A, AND LOT
181A OF O'NEILL'S ADDITION TO NORTH
DUBUQUE, DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 111h day of June 2004, the City
Council of the City of Dubuque, Iowa met on the
21st day of June 2004, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
238
Regular Session, June 21, 2004
Lot 179A, Lot 180A and Lot 181A of O'Neill's
Addition to North Dubuque, City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruied any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 179A of O'Neill's
Addition to North Dubuque to Benjamin J.
Mueller, Lot 180A of O'Neill's Addition to North
Dubuque to Randy E. and Pamela J. Davis, and
Lot 181A of O'Neill's Addition to North Dubuque
to Margaret M. Mueller be and the same is
hereby approved for the sum of the cost of
surveying and platting, plus publication and filing
fees of $100 for each parcel. Conveyance shall
be by Quit Claim Deed.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Randy E. and Pamela J. Davis, Benjamin J.
Mueller, and Margaret M. Mueller upon receipt
of the purchase price in full.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 21'1 day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Mediacom Franchise Extension: Proof of
publication on notice of hearing to consider an
additional short-term extension through
December 31, 2004 of the existing Mediacom
cable franchise and side agreements under the
terms currently in effect and City Manager
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
An Ordinance Extending the term of the
existing Cable Franchise Agreement and Hub
Site Lease of MCClowa, L.L.C. to December 31,
2004, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-04
AN ORDINANCE EXTENDING THE TERM OF
THE EXISTING CABLE FRANCHISE
AGREEMENT AND HUB SITE LEASE OF
MCCIOWA, L.L.C. TO DECEMBER 31, 2004.
Whereas, MCClowa, L.L.C. (Mediacom) is the
current holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18,2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire June 30, 2004; and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiation of tenms and conditions
for the renewai of the franchise and the lease.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The term of the cable services
franchise and the tenm of the lease are hereby
extended to December 31, 2004, with all the
rights, privileges and responsibilities
appertaining thereunto; and
Section 2. The City Manager is hereby
authorized to sign and administer the extension
agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21st day
of June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 251h day of June, 2004.
Jeanne F. Schneider, City Clerk
1t6/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Buol moved to reinstate the ruies limiting
discussion to Council. Seconded by Nicholson.
Motion carried 7-0.
ACTION ITEMS
Greater Dubuque Development Corporation:
Rick Dickinson, Executive Director of the
Greater Dubuque Development Corporation,
spoke giving a comprehensive quarterly report.
Nicholson moved that the report be received and
filed. Seconded by Cline. Motion carried 7-0.
Ice Harbor Drive: Zoning Advisory Commission
recommending approval of the designation of
Ice Harbor Drive in the Port of Dubuque as
requested by the City of Dubuque, presented
and read. Michalski moved that the
Regular Session, June 21, 2004
239
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance renaming a portion of the street
currently named East Fourth Street to Ice
Harbor Drive and designating a new street
between First Street and East Fourth Street as
Ice Harbor Drive in the Port of Dubuque,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-04
AN ORDINANCE RENAMING A PORTION OF
THE STREET CURRENTLY NAMED EAST
FOURTH STREET TO ICE HARBOR DRIVE
AND DESIGNATING A NEW STREET
BETWEEN FIRST STREET AND EAST
FOURTH STREET AS ICE HARBOR DRIVE IN
THE PORT OF DUBUQUE
Whereas, the City Council desires to reduce
the potential confusion of visitors to the Port of
Dubuque by renaming a portion of East Fourth
Street to Ice Harbor Drive in this area; and
Whereas, a new street has been constructed
connecting East Fourth Street to First Street;
and
Whereas, the City Council desires to name this
street Ice Harbor Drive; and
Whereas, the request has been reviewed by
the Emergency 911 Committee.
NOW, THEREFORE, BE IT ORDAINED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the portion of East Fourth
Street from the southerly line of East Fifth Street
to the easterly right-of-way line of the Canadian
National Railway as shown on the Roadway
Exhibit attached hereto be hereinafter renamed
Ice Harbor Drive; and
Section 2. That all that part of the unpiatted
lands in the NE )I" of Section 25, T89N, R2E,
and in the northwest fractional quarter of Section
30, T89N, R3E, 51h P.M. lying west of Ice Harbor
Development including a roadway easement
within railroad right-of-way as shown on the
Roadway Exhibit attached hereto be hereinafter
named Ice Harbor Drive; and
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
such street name, and to file notice of the
renaming and designating of said street with the
Recorder, Auditor, and City Assessor of
Dubuque County, Iowa.
Passed, approved and adopted this 21'1 day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25'h day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 6/25
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Paradise Hills 2"' Addition - Preliminary Plat:
Zoning Advisory Commission recommending
approval of the preliminary plat of Paradise Hills
2" Addition on Humke Road, subject to waiving
the private street standard for paving thickness
and base stone, as requested by Roger and Lois
Schueller and City Manager recommending
approval of the preliminary plat of Paradise Hills
2" Addition without the street standard waiver,
presented and read.
Roger Schueller, 16150 Humke Rd., spoke in
favor of the waiver.
Markham moved to receive and file the
communications and approve the plat without
the street waiver. Seconded by Buol. Carried by
the following vote: Yeas-Buol, Connors,
Michalski, Nicholson. Nays-Cline, Duggan,
Markham.
Cedar Crest Subdivision - Final Plat: City
Manager recommending approval of the final
plat of Cedar Crest Subdivision located north of
U.S. Highway 20 and east of Cottingham Road,
presented and read. Buol moved that the
communication be received and fiied. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 266-04
RESOLUTION APPROVING THE FINAL PLAT
OF LOTS 34 THRU 116, INCLUSIVE, OF
CEDAR CREST SUBDIVISION IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Lots 34 thru 116, inclusive, of
Cedar Crest Subdivision; and
Whereas, the preliminary 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 plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Biocks and Lots.
Section 2. That the final plat of Cedar Crest
Subdivision is hereby approved and the Mayor
and City Clerk are hereby authorized and
240
Regular Session, June 21, 2004
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
a) To construct street improvements and
storm sewers in accordance with improvement
plans approved by the County Engineer.
b) To maintain the street improvements and
storm sewers constructed as part of Cedar Crest
Subdivision, until such time as a homeowners
association is formed and is responsible for
maintenance of the same.
Section 3. That in the event Daniel Conrad
fails to execute the acceptance within 180 days
after the date of this Resolution, the provisions
hereof shall be null and void and the approval of
the plat shall not be effective.
Passed, approved and adopted this 21'1 day of
June 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 250-04
I, the undersigned, Daniel Conrad, having read
the terms and conditions of the Resolution No.
250-04 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 21'1 day of June
2004.
Daniel Conrad
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Five Flags Management Agreement: City
Manager recommending approval of the Five
Flags Management Agreement with SMG
beginning July 1, 2004, presented and read.
Glen Mon of SMG spoke about their proposed
course of action.
Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Sewer Ordinance Update: City Manager
recommending approval of a change to the
Code of Ordinances authorizing the City
Manager to order immediate connection of a
private on-site sewage treatment and disposal
system if there is a public health threat,
presented and read. Buoi moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
An Ordinance amending Chapter 44, Utilities,
Section 44-55, Abandonment of Private On-Site
Sewage Treatment and Disposal System Upon
Availability of Public Sewer, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-04
AN ORDINANCE AMENDING CHAPTER 44,
UTILITIES, SECTION 44-55, ABANDONMENT
OF PRIVATE ON-SITE SEWAGE TREATMENT
AND DISPOSAL SYSTEM UPON
AVAILABILITY OF PUBLIC SEWER
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 44-55 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 44-55. Abandonment Of Private On-Site
Sewage Treatment And Disposal System Upon
Availability Of Public Sewer:
Section 44-55(a) When a public sewer is
constructed within two hundred feet (200') of the
property line, the building sewer shall be
connected to said sewer in accordance with the
City standards established by the City Manager
and within three hundred sixty-five (365) days
from date of written notification by the City
Manager. However, if the City Manager
determines that the private on-site sewage and
disposal system constitutes a threat to public
health, the City Manager may order that the
system be connected immediately to the public
sewer.
When so connected, the private on-site
sewage treatment and disposal system shall be
abandoned in accordance with subsection (b) of
this Section.
Property shall not be required to connect to the
public sewer if construction plans for the private
on-site sewage treatment and disposal system
are available, the system meets the provisions
of Chapter 69 of the Iowa Administrative Code,
and the system received a construction permit
from the City Manager prior to installation. If the
City Manager cannot determine that the system
is in compliance with Chapter 69 of the Iowa
Administrative Code, connection shall be made
to the sanitary sewer in accordance with City
standards established by the City Manager.
Section 44-55(b). Notwithstanding the
foregoing, no private on-site sewage treatment
and disposal system shall be permitted to
operate for more than fifteen (15) years, unless
otherwise detenmined by the City Manager
pursuant to standards adopted by the City
Manager. At any time the City Manager
determines the system is no longer adequate,
connection to the sanitary sewer shall be made.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 21" day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published offici~~ly in the Telegraph Herald
Newspaper the 25 day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 6/25
Regular Session, June 21, 2004
241
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
Proposed Standard for Sidewalk Paving
Patterns: City Manager recommending approval
of a proposed standard for sidewalk paving
patterns to guide future sidewalk improvement
projects in the downtown or requesting that a
worksession be scheduled on the issue; Historic
Preservation Commission recommending a
modification to the proposed standard for
sidewalk paving patterns in the Old Main,
Cathedral and Jackson Park historic districts as
requested by the City of Dubuque Engineering
Division, presented and read. Cline moved to
refer this to Staff for more information and to
schedule a work session for further discussion of
the proposed standards. Seconded by
Nicholson. Carried by the following vote:
Yeas-Buol, Cline, Connors, Markham,
Michalski, Nicholson. Nays-Duggan.
Dubuque County Conservation Board Grant
Request: City Manager recommending that the
City provide $10,000 match towards the
Dubuque County Conservation Board's Vision
Iowa/CAT appiication for improvements to
Massey Station, presented and read. Cline
moved to receive and file the communication
and approve the recommendation. Seconded
by Nicholson. Carried by the following vote:
Yeas-Buol, Cline, Connors, Markham,
Michalski, Nicholson, Buol. Nays-Duggan.
Dubuque Greyhound Park and Casino: City
Manager recommending approval of the
installation of temporary stop signs at the three-
way intersection of Admiral Sheehy Drive and
Dubuque Greyhound Park Road due to the
increased construction traffic, presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of stop signs at
the intersection of Admiral Sheehy Drive and
Greyhound Park Road, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
THE ADDITION OF STOP SIGNS AT THE
INTERSECTION OF ADMIRAL SHEEHY
DRIVE AND GREYHOUND PARK ROAD
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, by adding Admiral
Sheehy Drive and Greyhound Park Road to
Subsection (b) of Section 32-214 thereof as
follows:
"Sec. 32-214. Stop Intersections.
(b)
NORTHBOUND AND SOUTHBOUND
Admiral Sheehy Drive and Greyhound Park
Road
EASTBOUND
Greyhound Park Road and Admiral Sheehy
Drive
Passed, approved, and adopted this 21'1 of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 25'h day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 6/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Fiscal Year 2005 Legislative Priorities: City
Manager recommending approval of the City of
Dubuque's Legislative Priorities for Fiscal Year
2005, presented and read. Cline moved that the
communication be received and filed and
approved. Seconded by Michalski. Motion
carried 7-0.
City Council Meeting Date:
An Ordinance establishing the date for the first
regular meeting of July of the City Council of the
City of Dubuque as July 6, 2004, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-04
ESTABLISHING THE DATE FOR THE FIRST
REGULAR CITY COUNCIL MEETING OF THE
CITY COUNCIL OF THE CITY OF DUBUQUE
IN JULY, 2004
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
242
Regular Session, June 21, 2004
Section 1.Sec. 2-22 of the City of Dubuque
Code of Ordinances notwithstanding, the first
regular meeting of the City Council of the City of
Dubuque in July, 2004 shall be Tuesday, July 6,
2004.
Passed, approved and adopted this 21" day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Heraid
Newspaper the 251h day of June, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 6/25
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Nichoison requested Staff look at the
intersection of Fifth and Bell Street in the Port of
Dubuque with regard to the traffic control
signage.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meet adjourned at 7:59 P.M.
11 6/30
/s/ Jeanne F. Schneider, CMC
City Clerk
Approved:
2004
Adopted:
2004
Mayor
Councii Members
Attest:
City Clerk
Special Session, June 29, 2004
243
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, June 29, 2004
Council met at 5:00 p.m., City Hall Conference
Room B
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen;
Corporation Counsel Lindahl
Mayor Duggan read the call and stated this
was a Special Session of the City Council called
for the purpose of setting a public hearing on the
Dubuque Casino Hotel Lease Agreement and to
conduct a closed session.
Lease Agreement - Dubuque Casino Hotel,
LLC: City Manager recommending that a public
hearing be set for July 6, 2004 to consider a
lease agreement and parking use agreement
between the City of Dubuque and Dubuque
Casino Hotel, upon motion received and filed.
Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 267-04
INTENT TO DISPOSE OF AN INTERST IN
REAL PROPERTY BY LEASE AND PARKING
USE AGREEMENT WITH DUBUQUE CASINO
HOTEL, L.L.C.
Whereas, the City of Dubuque, Iowa (City)
owns certain real property shown on Exhibit A
attached hereto known as Dubuque Greyhound
Park and Casino; and
Whereas, City and Dubuque Casino Hotel,
L.L.C., an Iowa limited liability company (DCH),
have negotiated a Lease Agreement for a parcel
of property shown on Exhibit A AND a Parking
Use Agreement for part of the property; and
Whereas, the City Council believes it is in the
best interests of the City of Dubuque to approve
the Lease Agreement and Parking Use
Agreement.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, intends to dispose of the City's
interest in the foregoing-described real property
pursuant to the Lease Agreement and Parking
Use Agreement between City and DCH, a copy
of which is now on file at the Office of the City
Clerk, City Hall, 131h and Central Ave., Dubuque,
Iowa.
Section 2. The City Clerk is hereby authorized
and directed to cause a Notice to be published
as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of
the fore~oing-described real property, to be held
on the 7 day of July, 2004, at 6:30 o'clock p.m.
at the public library auditorium, 11 Ih & Locust,
Dubuque, Iowa.
Passed, approved and adopted this 291h day of
June, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for Public Hearing on 7/6/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Michalski move to go into Closed Session in
accordance with Ch. 21.5 1(i) 2003 Code of
Iowa, to evaluate the professional competency
of an individual whose appointment, hiring,
performance or discharge is being considered
when necessary to prevent needless and or
irreparable injury to that individual's reputation
and that individual has requested a Closed
Session. Seconded by Markham. Motion
carried 7-0.
City Manager Van Milligen left the Closed
Session at 5:29 p.m.
Council reconvened in Regular Session at
6:03 p.m., indicating the evaluation had been
completed.
There being no further business, Cline moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 6:03
p.m.
It 7/7
/s/ Jeanne F. Schneider, CMC
. City Clerk
244
Special Session, June 29, 2004
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk
Regular Session, July 19, 2004
253
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, July 19, 2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Pastor Jon Peach,
Hope Evangelical Church
Proclamations: Dubuque County Fair Week
(July 27 - August 1, 2004) received by Shannon
Lundgren and United Way Campaign Time
(August 10 - October 31, 2004) received by
Doug Stillings.
Minutes and Reports Submitted: City Council
of 7/6; Civil Service Commission of 6/17;
Environmental Stewardship Advisory
Commission of 7/6; Historic Preservation
Commission of 6/17; Library Board of 5/27; Park
and Recreation Commission of 6/8; Zoning
Advisory Commission of 7/7 and Zoning Board
of Adjustment of 6/24, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Proofs of publication of City Council
Proceedings of 6/21 and 6/29 (On file in the City
Clerk's Office), presented and read. Buol
moved that the proofs be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Printed Council Proceedings for April 2004,
presented and read. Buol moved that the
proceedings be received and filed and approved
as printed. Seconded by Nicholson. Motion
carried 7-0.
Finance Director submitting the City of
Dubuque Financial Reports for the month ending
June 30, 2004 (on file in the City Cierk's Office),
presented and read. Buol moved that the
communication and reports be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Notice of Claims/Suits: Country Springs Condo
Homeowners Association for property damage;
Edwards Concrete Contractors, Inc. vs. City of
Dubuque; Henry and Maryjo Haas, Jr. for
vehicle damage, presented and read. Buol
moved that the claims and suits be referred to
the Legal Staff for investigation and report.
Seconded by Nicholson. Motion carried 7-0.
Corporation Counsel advising that the
foliowing claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Rick D. Muelier
for vehicle damage, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Rita R. Stevenson for
vehicle damage and directing the Finance
Department to issue payment, presented and
read. Buol moved that the communication be
received and filed and concurred and directed
Finance Department to issue payment.
Seconded by Nicholson. Motion carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified iists for the
positions of Lead Mechanic and Firefighter,
presented and read.
July 8, 2004
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the position of
Lead Mechanic was given on June 17, 2004.
We hereby certify that the individuals listed
below have passed the written examination for
this position and the appointments for vacancies
should be made from this list and that this iist is
good for two (2) years from above date.
LEAD MECHANIC
John Zenner
Paul Henman
Steven Kraft
Steven Kelly
Mark Neyens
Respectfully submitted,
/s/ Richard Wertzberger, Chairperson
Isl Loras Kluesner
Is/ Merle Duehr
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Nicholson. Motion carried 7-0.
July 8, 2004
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the position of
Firefighter was given on April 26, 2004. We
254
Regular Session, July 19, 2004
hereby certify that the individuals listed beiow
have passed this written examination and the
appointments for this position should be made
from this list and that this list is good for two (2)
years from above date.
FIREFIGHTER
Julie M. Brimeyer Adam P. Feyen
Robert D. Guerdet Joshua C. Knepper
Michael J. Kuhn Jonathan D. Lombardi
Nathan Miller Eric P. Nybeck
Joseph P. Schmieder Mike R. Schollenberger
Taylor R. Siapinski Susanna Duggan
Martin R. Fitzpatrick Brian P. Hartlep
Scott A. Krantz Thomas J. Lange
Michael E. Lynch Jami K. Mundell
Derek L. Paulson Jeffrey M. Schmitt
Jason W. Simmons Christopher D. Ward
Craig A. Enke Grant D. Gaumer
Adam G. Kahler Brad L. Kruse
Jason D. Link Brian J. McAuliffe
Marvin L. Ney Jennifer M. Radl
Greg F. Schuster Eric J. Sisler
Matthew G. Wright
Respectfully submitted,
/s/ Richard Wertzberger, Chairperson
/s/ Loras Kluesner
Isl Merle Duehr
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Nicholson. Motion carried 7-0.
Mediacom: Mediacom 2003 Annual Report (on
file in the City Clerk's Office), presented and
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Iowa Department of Economic Development -
City Development Board: Communication from
Steven R. McCann, City Development Board
Administrator, submitting the Findings of Fact
and Conclusions of Law and the Final Order
filed by the City Development Board approving
the voluntary annexation petition submitted by
the City of Dubuque, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
Plat of Survey - 3860 Asbury Road: Zoning
Advisory Commission recommending approvai
of a simple plat to divide Lot 1 in Kitchen family
properties located at 3860 Asbury Road as
requested by David Schneider/James and
Sharon Schneider, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
RESOLUTION NO. 278-04
RESOLUTION APPROVING THE PLAT OF
SURVEY LOT 1 OF LOT 1 OF LOT 2 OF LOT 1
OF KITCHEN FAMILY PROPERTIES IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Plat of Survey Lot 1 of Lot 1 of Lot 2 of
Lot 1 of Kitchen Family Properties in the City of
Dubuque, Iowa; and
Whereas, said plat provides 0 feet of frontage
for Lot 1 of Lot 1, where 50 feet of frontage is
required by Section 42-19(b) of the Subdivision
Regulations; and
Whereas, said Plat of Survey has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
Whereas, said Plat of Survey has been
examined by the City Council and they find that
it confinms to the statutes and ordinances
thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
of Lot 1 to have 0 feet of lot frontage, where 50
feet is required.
Section 2. That the Plat of Survey of Lot 1 of
Lot 1 and Lot 2 of Lot 1 of Kitchen Family
Properties is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approvai of the City of
Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 191h day of
July 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Scoring of Certified Local Government (CLG)
Grant Appiications: Historic Preservation
Commission recommending that the City
Council support the proposed scoring process
submitted by the State Historical Society of Iowa
for Certified Local Government (CLG) Grant
applications, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Establishment of Fair Market Value: City
Manager recommending establishment of the
Fair Market Value for a portion of the property
currently owned by Charles R. and Beverly
Pullen at 19299 Riverside Road for wetlands
mitigation in connection with the University
Avenue extension project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Regular Session, July 19, 2004
255
RESOLUTION NO. 279-04
ESTABLISHING THE FAIR MARKET VALUE
FOR CERTAIN REAL PROPERTY OWNED BY
CHARLES R. & BEVERLY PULLEN IN THE
CITY OF DUBUQUE, IOWA FOR WETLANDS
LITIGATIONS IN CONNECTION WITH THE
UNIVERSITY AVENUE EXTENSION PROJECT
Whereas, the City of Dubuque (City) has
entered into an agreement with the Iowa
Department of Transportation for the University
Avenue Extension Project (the Project); and
Whereas, the City intends to acquire certain
real property owned by Charies R. and Beverly
Pullen (Owners) legally described as follows (the
Property):
A Part of Government Lot 215 and adjacent
roadways in the Town of Peru, Dubuque County,
Iowa, containing 2.81 acres, according to the
acquisition plat thereof.
as shown on Attachment A for wetlands
mitigation; and
Whereas, the City may not make an offer to
purchase the Property which is less than the fair
market value the City has established for the
Property; and
Whereas, the City has caused an appraisal of
the Property to be made and the appraised
value of the Property is $2,500; and
Whereas, the City Council now desires to
establish the fair market value of the Property.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. That the fair market value of the
Property is hereby established to be $2,500.
Section 2. The City Manager and Corporation
Counsei are hereby authorized to commence
negotiations with the Owners of the Property
and any other interested parties for the purchase
of the Property for a purchase price that is not
less than the fair market value established by
this resolution.
Passed, adopted and approved this 19th day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Yacht Basin - Lease Assignment:
City Manager recommending approval of the
assignment of certain leases between the City of
Dubuque and Dubuque Yacht Basin, Inc. from
U.S. Bank to American Trust and Savings Bank,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 280-04
CONSENTING TO THE ASSIGNMENT OF
CERTAIN LEASES BETWEEN THE CITY OF
DUBUQUE, IOWA, AND DUBUQUE YACHT
BASIN, INC. TO AMERICAN TRUST &
SAVINGS BANK
Whereas, the City of Dubuque, Iowa (City) has
leased to Dubuque Yacht Basin, Inc., an Iowa
corporation (Yacht Basin) certain real property
located at 1630 E. 161h Street, Dubuque, Iowa
pursuant to lease agreements dated April 8,
1970, February 5, 1974, and November 23,
1987; and
Whereas, American Trust & Savings Bank has
agreed to lend Yacht Basin certain sums of
money for the benefit of its business conducted
upon the leased premises; and
Whereas, Yacht Basin has requested that City
consent to the assignments of the lease
agreements to American Trust & Savings Bank
as security for American Trust & Savings Bank's
loans to Yacht Basin; and
Whereas, the lease agreements, including all
amendments, extensions and renewals, allow
assignments of the leases by Yacht Basin with
the consent City; and
Whereas, the City Council of the City of
Dubuque, Iowa, has determined that it is in the
best interests of the City to consent to such
assignments.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Assignment of Real Estate
Lease Agreement attached hereto by Dubuque
Yacht Basin, Inc. to American Trust & Savings
Bank Is hereby approved.
Section 2. The Mayor is authorized and
directed to sign said Assignment of Real Estate
Lease Agreement on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted this 191h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
US 52 Bridge Repair over Catfish Creek: City
Manager recommending approval of an
agreement between the City of Dubuque and the
Iowa Department of Transportation for repairs to
the US 52 bridge over Catfish Creek, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 281-04
RESOLUTION APPROVING THE AGREE-
MENT BETWEEN THE CITY OF DUBUQUE
AND THE IOWA DEPARTMENT OF
TRANSPORTATION FOR REPAIRS TO US 52
BRIDGE OVER CATFISH CREEK (STPN-52-
2(92--2J-31)
256
Regular Session, July 19, 2004
Whereas, the City of Dubuque and the Iowa
Department of Transportation propose to repair
the US 52 Bridge Over Catfish Creek; and
Whereas, the Iowa Department of
Transportation has prepared an agreement
between the City of Dubuque and the Iowa
Department of Transportation to repair the north
berm of the combined US 52/US 61/US 151
bridge that spans Catfish Creek, the Canadian
Central Railroad, and Mar Jo Hills Road within
the City.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement STPN-52-2(92-
-2J-31) between the City of Dubuque and the
Iowa Department of Transportation be approved.
Section 2. That the Mayor be authorized and
directed to execute two copies of the agreement
between the City of Dubuque and the Iowa
Department of Transportation.
Passed, adopted and approved this 19'h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Port of Dubuque Sign and Landscaping
Project Acceptance: City Manager
recommending acceptance of the Port of
Dubuque Sign and Landscaping Project as
completed by Portzen Construction, Inc., in the
final contract amount of $78,416.70, presented
and read. Buol moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 282-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Port of Dubuque
Sign & Landscaping Project has been completed
and the City Manager has examined the work
and filed his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Vision Iowa budget, the
City's CiP under Amenities, and Wall Street
Access budget in amounts equal to the amount
of his contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 191h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 283-04
FINAL ESTIMATE
Whereas, the contract for the Port of Dubuque
Sign & Landscaping Project has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $85,087.49 and the
said amounts shall be paid from the Vision Iowa
budget, the City's CIP under Amenities, and the
Wall Street Access budget of the City of
Dubuque, Iowa.
Passed, approved and adopted this 19'h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Holliday Third Addition - Temporary Access:
City Manager recommending approval of a
request from Tom Larson of Buesing and
Associates, representing McDermott Excavating,
to construct a temporary access on the
Northwest Arterial for construction of
improvements to Holliday Third Addition located
Immediately west of the Northwest Arterial and
1,500 feet south of Asbury Road, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
Four Oaks Community Partnership (cp2) Grant
- Subcontract Amendment: City Manager
recommending approval of an amendment to the
subcontract for services for the Four Oaks
Housing Education and Rehabilitation Training
(HEART) Program Community Partnership (cp2)
grant, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 284-04
RESOLUTION AUTHORIZING FOUR OAKS
INC TO AMEND THE SUBCONTRACT WITH
THE FOUR MOUNDS FOUNDATION FOR THE
HOUSING EDUCATION AND REHAB-
ILITATION TRAINING PROGRAM (HEART)
Regular Session, July 19, 2004
257
COMMUNITY PARTNERSHIP PROGRAM
(cp2) GRANT
Whereas, under the provisions of Title I of the
Housing and Community Deveiopment Act of
1974, as amended, the City of Dubuque has
received Community Development Block Grant
(CDBG) funds; and
Whereas, A Community Partnership (cp2)
grant was awarded to Four Oaks, Inc. in the
amount of $36,000 for Fiscal Year 2004 and
$30,000 for Fiscal Year 2005 by the City of
Dubuque; and
Whereas, the City Council approved on
December 15, 2003 by Resolution No. 505-2003
the subcontract between Four Oaks, Inc. and
the Four Mounds Foundation for the direct
delivery of carpentry trades training services
under the FY 2004 cp2 grant; and
Whereas, Four Oaks, Inc. has selected to
amend the subcontract with the Four Mounds
Foundation to extend the subcontract to June
30, 2005 to provide for the direct delivery of
carpentry trades training services under the FY
2005 cp2 grant.
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
authorizes Four Oaks Inc to amend the
subcontract with the Four Mounds Foundation
for delivery of services for the Housing
Education and Rehabilitation Training Program
(HEART) Community Partnership (cp2) grants
as stated in the attached Amendment to
Subcontract for Performance Services.
Passed, approved and adopted this 19th day of
July 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
Dubuque County Historical Society
Subgrantee Agreement: City Manager
recommending approval of a subgrantee
agreement with the Dubuque County Historical
Society for a Scenic Byways Grant to prepare
Great River Road interpretive signs and a
brochure, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 285-04
RESOLUTION APPROVING A SUB GRANTEE
AGREEMENT AND CONTRACT FOR PRO-
FESSIONAL SERVICES BETWEEN
DUBUQUE COUNTY HISTORICAL SOCIETY
AND CITY OF DUBUQUE FOR SCENIC
BYWAYS PROJECT
Whereas, the City of Dubuque has signed an
agreement with the Iowa Department of
Transportation for a Scenic Byways project for
the Great River Road; and.
Whereas, the City of Dubuque wishes to enter
into a sub grantee agreement as a sponsor for
the Scenic Byways project to administer the
grant funding with the Dubuque County
Historical Society; and
Whereas, the City of Dubuque and the
Dubuque County Historical Society wish to
contract with Mission Creative to design Great
River Road Interpretive signs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council does hereby
authorize the Mayor to sign the sub-grantee
agreement between the Dubuque County
Historical Society and the City of Dubuque for
this project.
Section 2. That the Mayor is hereby authorized
to sign the agreement for professionai services
with Mission Creative and the Dubuque County
Historical Society for this project in an amount
not to exceed $8,500.00.
Passed, approved and adopted this 19th day
of Juiy, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Iowa Health Buyers Alliance: City Manager
recommending approval of the submittal of a
ietter in support of an application to be submitted
by the Iowa Health Buyers Alliance to the
Federal Mediation and Conciliation Service,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Public Street Standards: City Manager
providing information on the City's specifications
and standards for minimum thickness and
composition for asphalt and concrete surfaces
and advising that the Engineering Division will
provide recommendations to the City Council
within 90 days, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Seippel Road Water Main Extension Project:
City Manager recommending acceptance of the
Seippel Road Water Main Extension Project as
completed by W.C. Stewart Construction, Inc., in
the final contract amount of $95,866.85,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
258
Regular Session, July 19, 2004
RESOLUTION NO. 286-04
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Seippel Road
Water Main Extension Improvement Project has
been completed and the City's Consultant I.I.W.
Engineering of Dubuque, Iowa recommend
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be accepted.
Passed, approved and adopted this 19th day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Manager
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 1-0.
RESOLUTION NO. 281-04
FINAL ESTIMATE
Whereas, the contract for the Seippel Road
Water Main Extension Improvement Project has
been completed and the City has submitted the
final estimate showing the cost thereof.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $95,866.85 dollars.
Section 2.That the final payment of $4,193.84
be paid to W.C. Stewart Construction, Inc. in
accordance with State Statutes from funds in the
Water Department's FY '04 CIP Budget.
Passed, approved and adopted this 19th day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
City Hall Annex Roof Replacement Project:
City Manager recommending acceptance of the
City Hall Annex Roof Replacement Project as
completed by Giese Sheet Metal Company, Inc.,
in the final contract amount of $29,500,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 288-04
RESOLUTION ACCEPTING IMPROVEMENT
Whereas, the contract for the Hall Annex Roof
& Gutter Replacement Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends the acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and is hereby directed to pay to
the contractor from the General Fund and Cable
TV Fund in amounts equal to the amount of his
contract.
Passed, approved and adopted this 19th day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Nicholson. Motion carried 1-0.
RESOLUTION NO. 289-04
FINAL ESTIMATE
Whereas, the contract for the City Hall Annex
Roof and Gutter Replacement Project has been
completed and the Cable Franchise
Administrator has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said Improvement
is hereby determined to be $29,500 and the said
amount shall be paid from the Generai Fund and
Cable TV Fund of the City of Dubuque, iowa.
Passed, approved and adopted this 19'h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 1-0.
Confidentiality Agreement - Mediacom: City
Manager recommending approval of the
execution of a Confidentiality Agreement with
Mediacom to enable City staff, consultants and
attorneys to examine documents, maps and
other records supplied which may contain
infonmation the cable operator considers
proprietary, presented and read. Buoi moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Carried by the following vote:
Yeas-Buol, Connors, Duggan, Markham,
Michalski, Nicholson. Nays-Cline.
Environmental Stewardship Advisory
Commission - Youth Position: Communication
from Mary Rose Corrigan, Public Health
Specialist, advising that she will be soliciting
appiications for the position of Youth
Commissioner for the Environmental
Regular Session, July 19, 2004
Stewardship Advisory Commission, presented
and read. Buol moved that the communication
be received and fiied. Seconded by Nicholson.
Motion carried 1-0.
Authorization to Sign Checks: City Manager
recommending that selected SMG and City
employees be authorized to sign checks for
specialized City of Dubuque bank accounts,
presented and read. Buoi moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO, 290-04
RESOLUTION AUTHORIZING CERTAIN
DESIGNATED EMPLOYEES OF THE CITY OF
DBUQUE AND SMG AUTHORIZATION TO
EXECUTE CHECKS ON BEHALF OF THE
CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque deposits certain
funds for specific use in local commercial
banking institutions; and
Whereas, the commercial banking institutions
require authorization by the City Council for City
employees and others to sign checks and drafts
drawn on such banking institutions; and
Whereas, the City Council has determined that
SMG and City employees who may sign checks
and drafts drawn on designated accounts on
behalf of the City of Dubuque for checks issued
for the City of Dubuque Five Flags Civic Center
general account drawn on account number
196411232708 at U.S. Bank In Dubuque and for
checks issued for the City of Dubuque Five
Flags Civic Center Ticket Office account drawn
on account number 196411232716 at U.S. Bank
in Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.The Five Fiags Civic Center General
Manager, Events Coordinator and Finance
Manager and City of Dubuque Leisure Services
Manager are hereby authorized to sign checks
and drafts on behalf of the City of Dubuque for
checks issued for the Five Flags Civic Center
general account drawn on account number
196411232108 at U.S. Bank; and
Section 2. The Five Flags Civic Center
General Manager, Events Coordinator and
Finance Manager and City of Dubuque Leisure
Services Manager are hereby authorized to sign
checks and drafts on behalf of the City of
Dubuque for checks issued for the Five Flags
Civic Center ticket office account drawn on
account number 196471232116 at U.S. Bank.
Passed, approved and adopted this 19'h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
259
Purchase of Mobile Computer Terminals: City
Manager recommending approval of the
purchase of mobile computer terminals for the
Poiice Department in the amount of
$110,477.60, presented and read. Buol moved
that the communication be received and filed
and approved recommendation. Seconded by
Nicholson. Motion carried 1-0.
Business Licenses:
RESOLUTION NO. 291-04
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a penmit to sell Cigarettes and Cigarette
Papers within said City.
Kalmes Breaktime Bar & Grill
Michael Kaimes
1097 Jackson
Passed, approved and adopted this 191h day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 292-04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of the City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5- DAY SPECIAL EVENT)
Four Mounds Foundations Four Mounds
Foundation- # 1 Alliant Amphitheatre
Four Mounds Foundations Four Mounds
Foundation- # 2 Alliant Amphitheatre
Music n More Promotions Music n More-Tent 1
Hawthorne St
Music n More Promotions Music n More-Tent 2
Hawthorne St
DBQ Area Labor Management DBQ Area
Labor Management - Tent A Town Clock
DBQ Area Labor Management DBQ Area
Labor Management - Tent B Town Clock
Passed, approved and adopted this 19th day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
260
Regular Session, July 19, 2004
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 1-0.
RESOLUTION NO. 293-04
Whereas, applications for Liquor LIcenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
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
Ethel Schwartz Airport Inn +
(Sunday Sale) 514E.161hSt
House of China House of China +
(Sunday Sale) 170 JFK Rd
Clarke College Clarke College
(1 Day Outdoor Sale) 1550 Clarke Dr
DM Sports Bar, Inc. Jumpers Sports Bar
(1 Day Outdoor Sale) 2600 Dodge St
CLASS "C" (5-DAY SPECIAL EVENT)
BEER/LIQUOR LICENSE
DBQ Area Labor Management DBQ Area
Labor Management Council- Tent C
Town Clock
Passed, approved and adopted this 19'h day
of, July 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 1-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Historic Preservation Commission (Old Main -
One vacancy through 7/1/05; At-Large - One
term through 1/1/06): Applicants: For At-Large
- Mary Loney Bichell, Timothy G. Goen,
Matthew Lundh Mary Loney Bichell spoke
requesting consideration for appointment.
Transit Board of Trustees (One three-year
term through 1130/07) Applicant: Don Stedman.
No one spoke.
Appointments to the following Commission:
Five Flags Civic Center Commission (One
three-year unexpired term which will expire
6/29/06;Three three-year tenms which will expire
6/29/07 - terms of Nauman, Bakke, Brannon).
Appiicants: Rod Bakke, Michael P. Brannon,
Mark Nauman Upon motion Rod Bakke,
Michaei P. Brannon and Mark Nauman
reappointed to three year terms which will expire
6/29/07.
PUBLIC HEARINGS
University of Dubuquellnstitutional District
Amendment: Proof of publication on notice of
hearing to consider amending the University of
Dubuque Institutional District to allow for the
extension of University Park Drive as requested
by the University of Dubuque and Zoning
Advisory Commission recommending approval
and letter from Phil Ruppel, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 1-0.
Tracey Wagner, Vice President of Finance for
the University of Dubuque, Tammy Walsh,
Dean of Students at the University of Dubuque,
and David Moore, 2535 Park Village and a
student at the University, spoke in support of the
proposed rezoning; Gil Crippes, 2180 Hale
Street spoke in opposition to the proposed
rezoning stating that work on the roadway had
already begun; Peter Smith, 155 Sunset Ridge
and Vice President of the University of Dubuque,
spoke in favor of the rezoning and thanked the
neighbors for their civility during the discussions
and meetings held regarding the proposal; and
Mike Donahue, 2230 West Third, stated he felt
more security was needed by the University.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by providing for the amendment
of Ordinances 48-02 and 84-02, which adopted
regulations for the University of Dubuque ID
Institutional District and approving an amended
Conceptual Development Plan for the University
of Dubuque ID Institutional District, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
PROVIDING FOR THE AMENDMENT OF
ORDINANCES 48-02 AND 84-02, WHICH
ADOPTED REGULATIONS FOR THE
UNIVERSITY OF DUBUQUE ID INSTI-
TUTIONAL DISTRICT AND APPROVING AN
AMENDED CONCEPTUAL DEVELOPMENT
PLAN FOR THE UNIVERSITY OF DUBUQUE
ID INSTITUTIONAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances be amended by providing for the
Regular Session, July 19, 2004
261
amendment of ordinances 48-02 and 84-02,
which adopted regulations for the University of
Dubuque ID Institutional District and approving
an amended conceptual development plan for
the University of Dubuque ID Institutional
District, a copy of which is attached to and made
a part hereof, to wit:
Lot 1-1, Lot 2-1, Lot 1-2, Lot 2-2, all in Sub of E.
147'-1-15 Lot, Lot 2-1,1& 2 of 1-1-1 of Lot 2-1-1
all in Cain's Sub #2, Lots 1 & 2 of Sub of 1 of 2
of Mineral Lot 156, and to the centerline of the
adjoining public right-of-ways, all In the City of
Dubuque, Iowa.
Section 2. That pursuant to Iowa Code Section
414.5 (2001) and as an express condition of
amending the University of Dubuque ID
Institutional District, the undersigned property
owner(s) agree(s) to the following conditions, all
of which the property owner(s) further agree(s)
are reasonable and Imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Requlations.
The following regulations shall apply to all uses
made of land in the above-described ID
Institutional District:
1) Principal permitted uses shall be iimited to:
a) Colleges and universities [45J
b) Vocational Schools [45]
c) Seminaries [45]
d) Offices for administrative personnel or
other institutional employees and affiliates [14]
e) Churches [7], libraries, and museums [13]
f) Classrooms, laboratories, lecture halls,
and similar places of institutional assembly
[45]
g) Off-street parking and loading [NA]
h) Recreational or athletic facilities for the
primary use and benefit of institutional
residents or affiliates [7]
i) Single-family, two family [11] or multi-family
dwellings for the housing of institutional
residents or affiliates [9]
2) Accessory Uses. The following uses shall
be permitted as accessory uses in the above-
described ID Institutional District:
a) Located entirely within a principal building,
bookstores, or bars seating not more than
seventy-five (75) persons at one time and
located not closer than two hundred feet (200')
from the nearest Residential or Office
Residential District.
b) All uses customarily incidental to the
principal permitted uses in conjunction with
which such accessory uses operated or
maintained, but not to include commercial use
outside the principal building.
3) No conditional uses shall be allowed.
[ ] Parking requirements as per Section D of
this Ordinance.
B. Lot and Bulk Requlations.
Development of land in the ID Institutional
District shall be regulated as follows:
The proposed University Park Drive located in
the south campus shall be located in substantial
conformance with the attached conceptual
development plan and all final site development
plans are to be approved in accordance with
provisions of the ID Institutional Districl
regulations.
C. Performance Standards
The development and maintenance of uses in
this ID Institutional District shall be established
in conformance with Section 3-5.2 of the Zoning
Ordinance and the following standards:
1) The proposed University Park Drive shall
be constructed and screening installed in
substantial compliance with the attached
exhibits A and B.
2) New outdoor lighting for the parking lot
shall utilize 72-degree cut-off luminaries.
3) Landscaping shall be provided in
compliance with Section 4-5 of the Zoning
Ordinance.
4) All utilities including telephone and cable
television shall be Installed underground.
5) Final site development plans shall be
submitted in accordance with Section 4-4 of the
Zoning Ordinance.
D. Parkinq Requirements
The off-street parking requirements for the
principal penmitted uses for the herein described
ID Institutional District shall be designated by a
bracket enclosed number next to the use, as
herein described:
[9] 1.5 spaces for each dwelling unit
[11] Two spaces for each dwelling unit
[14] One space for each four hundred square
feet devoted to office use or one space for each
employee on the maximum shift, whichever is
greater.
[7] One space for each four penmanent seats.
[13] One space for each five hundred square
feet of floor area accessible to the general
public.
[45] Dormitories - one space for each bed
Gymnasiums - one space for each six
permanent seats
Employees - .75 spaces for each employee on
the maximum shift
E. Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan for development shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the
property owner andlor association.
F. Siqn Requlations
The sign regulations shall be the same as that
which are allowed in the ID Institutional District
as established in Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
262
Regular Session, July 19, 2004
That all previously approved conceptual
development plans are hereby amended to allow
for the attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of property in this
ID Institutional District shall include the transfer
or lease agreement a provision that the
purchaser or lessee acknowledges awareness
of the conditions authorizing the establishment
of the district.
I. Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
J.Recordinq
A copy of this ordinance shall be recorded at the
expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within thirty [30] days of
the adoption of this ordinance. This ordinance
shall be binding upon the undersigned and ail
hislher heirs, successors and assignees.
Section 3. That the foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment
shall take effect upon publication, as provided by
law.
Passed, approved, and adopted this 191h day
of July 2004.
/s/Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ACCEPTANCE OF ORDINANCE NO. 41-04
I, Reverend Jeffery F. Bullock, President,
University of Dubuque, having read the tenms
and conditions of the foregoing Ordinance No.
47-04 and being familiar with the conditions
thereof, hereby accept the same and agree to
the conditions required therein.
Dated this 21'1 day of July, 2004.
By: Is/ Reverend Jeffrey F. Bullock
President, University of Dubuque
Published officially in the Telegraph Heraid
Newspaper the 30lh day of July, 2004.
/sl Jeanne F. Schneider, CMC, City Clerk
1t 7/30
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 1-0.
RJS Development, inc. - Request to Rezone:
Proof of publication on notice of hearing to
consider rezoning property located at 3230
Dodge Street from CS Commercial Service and
Wholesaie District to C-3 General Commercial
District at the request of RJS Development, inc.,
and Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof and communication
be received and filed. Seconded by Michalski.
Motion carried 1-0.
Robert J. Smith spoke in favor of the proposed
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 3230 Dodge Street
(U.S. Highway 20) from CS Commercial Service
and Wholesale District to C-3 General
Commercial District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 3230 DODGE
STREET (U.S.HtGHWAY 20) FROM CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRICT TO C-3 GENERAL COMMERCIAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from CS
Commercial Service and Wholesale District to
C-3 General Commercial District.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted the 191h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Published officially in the Telegraph Herald
Newspaper the 23" day of July, 2004.
/s/ Jeanne F. Schneider, CMC, City Clerk
11 7/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
Moose Lodge #355 - Request to Rezone:
Proof of publication on notice of hearing to
consider rezoning property located at 2635
Windsor Avenue from C-1 Neighborhood
Regular Session, July 19, 2004
263
Commercial District to OC Office Commercial
District as requested by John Herrig I Moose
Lodge #355 / James Christensen, and Zoning
Advisory Commission recommending approval
and communication from Cheryl Schick, 106
Hennepin Street, in opposition to the proposed
rezoning, presented and read. Buol moved that
the proof and communications be received and
filed. Seconded by Connors. Motion carried 7-
O.
John Herrig spoke in favor of the proposed
rezoning, explaining that part of the green space
wouid be used for a play area and the rest for
parking.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 2635 Windsor
Avenue from C-1 Neighborhood Commercial
District to OC Office Commercial District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-04
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 2635
WINDSOR AVENUE FROM C-1 NEIGHBOR-
HOOD COMMERCIAL DISTRICT TO OC
OFFICE COMMERICAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from C-1
Neighborhood Commercial District to OC Office
Commercial District, to wit:
Lot 1 and Lot 2 Christensens Addition, and to
the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon pubiication as provided by
law.
Passed, approved and adopted this 19'h day of
July 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23"' day of Juiy, 2004.
Jeanne F. Schneider, City Clerik
11 7/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
ACTION ITEMS
Final Plat - Forest Grange Subdivision No.3:
City Manager recommending approval of the
final plat of Lots 1 - 6, inclusive, of Forest
Grange Subdivision No.3, presented and read.
Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 1-0.
RESOLUTION NO. 294-04
RESOLUTION APPROVING THE FINAL PLAT
OF LOTS 1 THRU 6, INCLUSIVE, OF FOREST
GRANGE SUBDIVISION #3 IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 thru 6, Inclusive, of
Forest Grange Subdivision #3; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon, with the
waiver of Article iV, Design and Improvement
Standards of the Subdivision Regulations,
except for Section 41-29; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Lots and Blocks.
Section 2. That the final plat of Lots 1 thru 6,
Inclusive, of Forest Grange Subdivision #3 is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said subdivision plat.
Passed, approved and adopted this 19'h day of
July 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Jaycees: Communication from the
Dubuque Jaycees, KDTH, KATF, KGRR and
101.1 the River Radio requesting to conduct a
fireworks display on Sunday, July 3, 2005 on
Volunteer Road between Hawthorne and Lime
Streets and communication from the Dubuque
Jaycees, KDTH, KATF, KGRR and 101.1 the
264
Regular Session, July 19, 2004
River Radio requesting the right of first refusal to
the July 3" date in future years for this event,
presented and read. Michalski moved that the
communications be received and filed and
approved requests. Seconded by Cline. Motion
carried 7-0.
Fifth and Bell Street Signage: City Manager
providing additional infonmation regarding the
proposed signage at Fifth and Bell Streets,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Connors. Motion carried 1-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of stop signs
on East Fifth Street; an Ordinance Amending
the Code of Ordinances of the City of Dubuque,
Iowa by modifying Subsection (b) of Section 32-
214 thereof providing for the deletion of stop
signs at the intersection of East Fifth Street and
Bell Street and Ordinance Amending the Code
of Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-216
thereof providing for the deletion of a yield sign
at the intersection of East Fifth Street and Beil
Street, said Ordinances having been presented
and read on July 6, 2004, now presented for
further action.
Council discussed specifies of the proposed
signage.
Buol moved that this be the second reading of
the Ordinances and that the requirement that the
proposed Ordinances be considered and voted
on for passage at two Council Meetings prior to
the meeting at which they are to be finally
passed be suspended and further moved final
consideration and passage of the Ordinances.
Seconded by Connors. Yeas-Buol, Connors,
Duggan, Markham. Nays-Cline, Michalski,
Nicholson. Motion failed due to lack of a 3/4
vote:
Buol moved to receive and file the
communication and that this be the second
reading of the Ordinances. Seconded by
Markham. Carried by the following vote: Yeas-
Buol, Connors, Duggan, Markham. Nays-
Cline, Michalski, Nicholson.
Building Permit Moratorium - Bee Branch
Creek: City Manager recommending that the
building permit moratorium for commercial
properties and for the construction of new
residential structures in the Bee Branch Creek
Alignment study area be extended through July
1,2005, presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances, Chapter 11, Buildings and
Building Regulations, by adding a new Section
11-58.5 Adopting a Moratorium on the Issuance
of Building Permits for Commercial and New
Residential Construction in the Bee Branch
Creek Restoration Alignment Study Area,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-04
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES,
CHAPTER 11 BUILDINGS AND BUILDING
REGULATIONS BY ADDING A NEW SECTION
11-58.5 ADOPTING A MORATORIUM ON THE
ISSUANCE OF BUILDING PERMITS FOR
COMMERCIAL AND NEW RESIDENTIAL
CONSTRUCTION IN THE BEE BRANCH
CREEK RESTORATION ALIGNMENT STUDY
AREA
Whereas, the City Council of the City of
Dubuque, Iowa, is undertaking a study of an
alignment for the proposed Bee Branch
Restoration Project in the City of Dubuque
between 241h Street and the 161h Street
Detention Basin, which will include the
acquisition of property necessary for said
project; and
Whereas, the City Council believes that it is in
the best interest of the City and its citizens to
minimize the inconvenience and disruption to
property owners in the study area and to
minimize property acquisition costs for the
construction of the Bee Branch Restoration
Project and that a moratorium for the study area
should be adopted.
NOW THEREFORE, BE IT ORDAINED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City of Dubuque Code of
Ordinances, Chapter 11, Buildings and Building
Regulations are hereby amended by adding the
following new section:
Section 11-58.5 Moratorium Bee Branch Creek
Restoration Alignment Area. The Building
Official shall not issue any permit for any
commercial construction or for any new
residential construction, including a new house
or new garage, but not including demoiition and
emergency repairs, without the approval of the
City Council, in the Bee Branch Creek
Restoration Alignment area as shown on the
map on file in the office of the City Clerk, 50 W.
13'" Street, Dubuque, Iowa, during the period
from the effective date of this ordinance through
July 1, 2005, except where a vested right to the
Issuance of such permit accrued prior to
December 19, 2003.
Section 2. This Ordinance shall take effect
upon publication, as provided by law.
Regular Session, July 19, 2004
265
Passed, approved and adopted this 191h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23" day of July, 2004.
Jeanne F. Schneider, City Clerk
11 7/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 1-0.
Lombard Street - No Parking Ordinance: City
Manager recommending approval of the removal
of parking on the north side of Lombard Street
along the Washington Junior High School
property, as requested by residents of the area,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 1-0
Dale Lass, Principal of Washington Junior
High School, spoke in favor of the proposed no
parking area.
An Ordinance Amending Section 32-262(d) of
the Code of Ordinances of the City of Dubuque,
Iowa, prohibiting parking on designated streets
or portions thereof by adding a portion of
Lombard Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-04
AN ORDINANCE AMENDING SECTION 32-
262(d) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA, PROHIB-
ITING PARKING ON DESIGNATED STREETS
OR PORTIONS THEREOF BY ADDING A
PORTION OF LOMBARD STREET
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, is amended by adding to
Subsection (d) of Section 32-262 the following:
Lombard Street, north side, from the Dodge
Street ramp connector to the east property line
of 1995 Lombard Street
Passed, approved, and adopted this 19th of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 23rd day of July, 2004.
Jeanne F. Schneider, City Clerk
11 7/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 1-0.
Through Street Ordinance: City Manager
recommending approval to designate streets
wider than 36 feet within the corporate limits of
the City of Dubuque as through streets and to
allow for changes in the stop and yield sections
of the City Code to be consistent with the
"through streets," presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 1-
0
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, adding
various streets to Subsection (b) of Section 32-
213 thereof providing for the designation of
through streets, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, ADDING VARIOUS STREETS TO
SUBSECTION (b) OF SECTION 32-213
THEREOF PROVIDING FOR THE DESIG-
NATION OF THROUGH STREETS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
the following to Subsection (b) of Section 32-213
thereof as follows:
"Sec. 32-213. Throuqh Streets
(b)
Cedar Cross Road, from its southerly terminus
at North Cascade Road to its northerly terminus
at Dodge Street (U.S. Highway 20).
Clarke Crest Drive, from the north right-of-way
line of Clarke Drive to its easterly terminus.
Cleveland Avenue, from the east right-of-way
line of Bryant Street to the north right-of-way line
of Villa Street.
Crescent Ridge, from the west right-of-way line
of Cedar Cross Road to its westerly tenminus.
Digitai Drive, from its southerly intersection
with U.S. Highway 61/151 to its northerly
intersection with U.S. Highways 61/151.
Embassy West Drive, from the north right-of-
way line of Pennsylvania Avenue to the north
right-of-way line of Camelot Drive (north
intersection).
Flint Hill Drive, from the south right-of-way line
of Twin Valley Drive to its southerly tenminus.
Harrison Street, from the north right-of-way line
of Railroad Avenue to its northerly terminus.
266
Regular Session, July 19, 2004
Hummingbird Drive, from the west right-of-way
line of Embassy West Drive to the south right-of-
way line of Camelot Drive.
Kirkwood Street, from the south right-of-way
line of West Locust Street to the east right-of-
way line of Alta Vista Street.
North Main Street, from the south right-of-way
line of Kaufmann Avenue to the north right-of-
way line of Clarke Drive.
Red Violet Drive, from the east right-of-way
line of Radford Road to the west right-of-way
line of Samantha Drive.
Rose Street, from the east right-of-way iine of
Alta Vista Street to the west right-of-way line of
Walnut Street.
Rosedale Avenue, from the south right-of-way
line of West Locust to the north right-of-way line
of North Grandview Avenue.
Rush Street, from the east right-of-way line of
Bryant Street to the west right-of-way line of Villa
Street.
Tanzanite Drive, from the west right-of-way
line of Peru Road to the east right-of-way line of
John Deere Road South
Welu Drive, from the west right-of-way line of
Marjorie Circle to its easterly terminus.
Passed, approved and adopted this 19'h day of
Juiy, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 23rd day of July, 2004.
Jeanne F. Schneider, City Clerk
11 7/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 1-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the deletion of stop signs at
various intersections as described, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 53-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
THE DELETION OF STOP SIGNS AT
VARIOUS INTERSECTIONS AS DESCRIBED
NOW, THEREFORE, BE IT ORDAiNED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
the following from Subsection (b) of Section 32-
214 thereof as follows:
Sec. 32-214. ~to~ Int;,rs~cti~ns.
NORTHBOUND
English Mill Road and Crescent Ridge
SOUTHBOUND
Clear View Drive and Crescent Ridge
Northview Drive and Crescent Ridge
EASTBOUND
Crescent Ridge and Cedar Cross Road
Starlight Drive and Cedar Cross Road
Frontage Road, south side of Highway 20 and
Cedar Cross Road
WESTBOUND
Starlight Drive and Crescent Ridge
EASTBOUND AND WESTBOUND
Railroad Avenue and Harrison Street
Passed, approved and adopted this 191h day of
July, 2004.
Terrance A. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 23" day of July, 2004.
Jeanne F. Schneider, City Clerk
11 1/23
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-216
thereof providing for the deletion of a yield sign
at the intersection of Lake Eleanor Road and
Digital Drive, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 54-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-216 THEREOF PROVIDtNG FOR
THE DELETION OF A YIELD SIGN AT THE
INTERSECTION OF LAKE ELEANOR ROAD
AND DIGITAL DRIVE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by deleting
Lake Eleanor Drive from Subsection (b) of
Section 32-216 thereof as follows:
"Sec. 32-216. Yield Intersections
(b)
Westbound Vehicles
Lake Eleanor Road and Digital Drive
Regular Session, July 19, 2004
267
Passed, approved and adopted this 191h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 23" day of July, 2004.
Jeanne F. Schneider, City Clerk
1tl/23
Buol moved that the requirement that the
proposed Ordinances be considered and voted
on for passage at two Council Meetings prior to
the meeting at which they are to be finally
passed be suspended and further moved final
consideration and passage of the Ordinances.
Seconded by Markham. Motion carried 7-0.
Resources Enhancement and Protection
(REAP) Program: City Manager recommending
approval of the Fiscal Year 2005 REAP grant
application for Phase 1 of Water Works Park at
the Hawthorne Street Peninsula and
communication from the Dubuque County REAP
Committee requesting confirmation of a
representative to the REAP Committee
(currently Council Member Joyce Connors),
presented and read. Michalski moved that the
communication be received and filed and
approved reappointment of Joyce Connors to
the REAP Committee. Seconded by Markham.
Motion carried 1-0.
RESOLUTION NO. 295-04
RESOLUTION AUTHORIZING A REAP
GRANT APPLICATION TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES
FOR PHASE 1 OF WATER WORKS PARK
Whereas, the City of Dubuque has identified
Water Works Park as an important recreational
facility to be developed as part of the City's
commitment to riverfront redevelopment; and
Whereas, the Iowa Department of Natural
Resources has allocated grant funds in the
REAP (Resource Enhancement and Protection)
Program for the development of public parks;
and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
include goals for development of public parks
along the Heritage Trail Riverfront System.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to
sign and the Planning Services Manager is
hereby authorized to submit the resolution and
the application to the Iowa Department of
Natural Resources for REAP funds for Phase 1
of Water Works Park.
Section 2. That in the event said application is
approved, the City Council hereby provides its
written assurance that the completed project will
be adequately maintained for its intended use in
accordance with state requirements.
Passed, approved and adopted this 19th day
of July 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Adoption of International Building Code (IBC):
City Manager recommending adoption of the
2003 International Buiiding Code (IBC)
published by the International Code Council,
Inc., presented and read. Markham moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by repealing
Section 11-1 and Section 11-2 and enacting new
Sections 11-1 and 11-2 in lieu thereof adopting
the 2003 International Building Code for the City
of Dubuque, Iowa and providing for the issuance
of permits and collection of fees therefore,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 55-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 11-1 AND SECTION
11-2 AND ENACTING NEW SECTIONS 11-1
AND 11-2 IN LIEU THEREOF ADOPTING THE
2003 INTERNATIONAL BUILDING CODE FOR
THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That Section 11-1 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 11-1 and
enacting a new Section 11-1 in lieu thereof as
follows:
Sec. 11-1. International Building Code -
Adopted.
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the building code of the city that
certain building code known as the International
Building Code, 2003 Edition and as published by
the International Code Council, Inc., and the
provisions of such building code shall be
controlling in the construction of buildings and
other structures and in all matters covered by
such building code within the corporate limits of
the city and shall be known as the "Dubuque
Building Code." A copy of the Internationai
Building Code, 2003 Edition, as adopted, shall
268
Regular Session, July 19, 2004
be on file in the office of the city clerk for public
inspection.
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by repealing
Section 11-2 and enacting a new section 11-2 in
lieu thereof as follows:
Section 11-2. The code adopted by Section
11-1 of this chapter is hereby amended as
follows:
Sec. 101.3 Section 101.3 "Scope" is hereby
amended by repealing Sec. 101.3 and enacting
a new Sec. 101.3 to read as follows:
Sec. 101.3 Scope. The provisions of this code
shall apply to the construction, alteration,
moving, demolition, repair, maintenance and use
of any building or structure within this
jurisdiction, except work located primarily in a
public way, public utility towers and poles,
mechanical equipment not specifically regulated
in this code, and hydraulic flood control
structures.
For additions, alterations, moving and
maintenance of buildings and structures, see
Chapter 34. For temporary buiidings and
structures, see Section 3103 and Appendix
Chapter 31.
Historic buildings. Repairs, alterations and
additions necessary for the preservation,
restoration, rehabilitation, continued use or
change of use of a historic building may be
made in compliance with the provisions of the
1997 Edition of the Uniform Code for Building
Conservation (UCBC) or Section 11-10 through
11-79 of the City of Dubuque Code of
Ordinances.
Where, in any specific case, different sections
of this code specify different materials, methods
of construction or other requirements, the most
restrictive shall govern. Where there is a conflict
between a general requirement and a specific
requirement, the specific requirement shall be
applicable.
Wherever in this code reference is made to the
appendix, the provisions in the appendix shall
not apply unless specifically adopted.
Sec. 102. Section 102, "Unsafe Buildings or
Structures" is hereby amended by repealing
such section and replacing such section with a
new section in lieu thereof as follows:
Sec. 102. Unsafe Buildings or Structures
All buildings or structures regulated by this
code which are structurally unsafe or not
provided with adequate egress, or which
constitute a fire hazard, or are otherwise
dangerous to human life are, for the purpose of
this section, unsafe. Any use of buildings or
structures constituting a hazard to safety, health
or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for
the purpose of this section, an unsafe use.
Parapet walls, cornices, spires, towers, tanks,
statuary and other appendages or structural
members which are supported by, attached to,
or a part of a building and which are in
deteriorated condition or otherwise unable to
sustain the design loads which are specified in
this code are hereby designated as unsafe
building appendages.
All such unsafe buildings, structures or
appendages are hereby declared to be public
nuisances and shall be abated by repair,
rehabilitation, demolition or removal in
accordance with the procedures set forth in
Article II of Chapter 11 of the Code of
Ordinances.
Sec.105. Section 105.5 "Expiration," is hereby
amended by repealing such section and
replacing such section with a new section in lieu
thereof as follows:
Sec. 105.5 Expiration.
Every permit issued shall become invalid
unless the work on the site authorized by such
permit is completed within two years after its
issuance. The building official is authorized to
grant, in writing, one or more extensions of time,
for periods not to exceed one year. The
extensions shall be requested in writing and
justifiable cause demonstrated.
Sec. 112. Section 112, "Board of Appeals," is
hereby amended by repealing such section and
replacing such section with a new section in lieu
thereof as follows:
Sec. 112. Building Code and Advisory
Appeals Board.
(a) Board Established. In order to determine
the suitability of alternative building materials
and methods of building construction, to provide
for reasonable interpretation of the provisions of
the building code, and to advise the city council
on all building construction regulations and
procedures, there is hereby created the building
code advisory and appeals board.
(b) Membership. The building code advisory
and appeals board shall consist of five (5)
members appointed by the city council. One (1)
member shall be an architect or engineer
registered in the State of Iowa, one (1) member
shall be a general building construction
contractor, one (1) member shall be a
journeyman carpenter, and two (2) members
shall be from the public at iarge.
(c) Term of Office. The term of office of all
board members shail be for three (3) years,
except that initiai appointments of one (1)
member shall be for a term of one (1) year, two
(2) members for two-year terms and two (2)
members for three-year tenms.
(d) Rules and Regulations. The board shall
make such rules and prescribe such procedures
as may be reasonably necessary for its
operation, except that such rules shall include
the following:
Regular Session, July 19, 2004
269
(1) Board Chairperson. The chairperson of the
board shall be a member of the board elected
annually by a majority of the board.
(2) Secretary of the board. The building
official, or designee, shall be secretary of the
board. The secretary shall arrange for meetings
and prepare and keep such minutes and records
and perfonm such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall
constitute a quorum. The concurring vote of
three (3) members of the board shall be
necessary to pass any motion.
(4) Service until appointment of successor.
Upon completion of the tenm of office, members
of the building code board shall continue to
serve in their full capacity until their successor
has been duly appointed.
(5) Meetings. The building code board shall
meet upon call of the chairperson, secretary or
city manager. Members of the building code
board shall attend at least two-thirds of all
scheduled meetings within a tweive-month
period. If any member does not attend such
prescribed number of meetings, it shall
constitute grounds for the board to recommend
to the city council that said member be replaced.
(6) Attendance. The attendance of all
members shall be entered on the minutes by the
secretary.
(7) Conformity with open meetings law. All
meetings shall be held in conformance with
provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file
with the city council a copy of the minutes of
each meeting of the board within ten (10)
working days after such meeting.
(9) Administrative policies. All administrative,
personnel, accounting, budgetary, and
procedural policies of the city shall govern the
building code board in all of its operations.
(10) Duties when serving as an appeals
board. Any person who is aggrieved by a
decision of the building official on any
requirements resulting from the enforcement of
the building code, may appeal from such
decision to the building code board and said
board shall serve as an appeal board. In case
the aggrieved party is a member of said board,
said member shall be disqualified as a member
of the board acting as an appeal board, until the
person aggrieved has been heard and a
decision rendered.
The appeal shall be made by the person
aggrieved, giving written notice of such appeal
to the building official within seven (7) days of
receipt of decision from which the appeal is
taken. The building code board sitting as an
appeal board shall meet within ten (10) working
days after receiving such notice and render a
decision within five (5) working days thereafter.
Any interested party, including the building
official, shall have the right to present their case
to the appeal board, whose decision shall be
final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a
decision of the building official only on finding
that:
a. The building official had incorrectly
interpreted the provision of this code;
b. The decision of the building official creates
an unnecessary hardship upon the appellant.
The board of appeals shall require that
sufficient evidence or proof be submitted to
substantiate any claims made regarding the use
of alternates.
All appeal hearings shall be conducted in
accordance with the procedures specified in this
code.
(e) Limitations of Authority. The Board of
Appeals shall have no authority relative to
interpretation of the administrative provisions of
this code nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of the
building official, the board of appeals may
authorize any alternate to the decision of the
building official and the provisions, provided it
finds the proposed material or method of
construction is satisfactory for the use intended
and complies with the provisions of this code,
and that the material, method or work offered is,
for the purpose intended, at least equivalent to
that prescribed by this code in suitability,
strength, effectiveness, durability, fire resistance
and safety.
Sec. 113 Section 113, "Violations" is hereby
amended by repealing such section and
replacing such section with a new section in iieu
thereof as follows:
Sec. 113 Violations
It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any
building or structure or cause or penmit the same
to be done in violation of this code.
The doing of any act, or the omission of any
act, deciared to be unlawful by this code, or any
code or ordinance herein adopted by reference
shall be deemed a separate offense for each
and every day or portion thereof during which
any such unlawfui act is committed, continued or
permitted and upon conviction shall be
punishable as provided in Chapter 1 of the Code
of Ordinances. The penalty herein provided shall
be cumulative with and in addition to the
revocation, cancellation or forfeiture of any
license or permit elsewhere in this code
provided for violation thereof.
Section 3. This Ordinance shall be in effect
after its final passage, approval and publication
as required by law.
270
Regular Session, July 19, 2004
Passed, approved and adopted this 19'h day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 23" day of July, 2004.
Jeanne F. Schneider, City Cierk
11 7/23
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Adoption of International Residential Code
(IRC): City Manager recommending adoption of
the 2003 International Residential Code (IRe)
published by the International Code Council,
Inc., and also the adoption of five amendments
recommended by the Building Code Board of
Appeals, presented and read. Buol moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by adding
and enacting new Sections 11-5 and 11-6
thereof adopting the 2003 International
Residential Code for the City of Dubuque, Iowa
and providing for the issuance of permits and
collection of fees therefore, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 56-04
AN ORDINANCE AMENDINGTHE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
ADDING AND ENACTING NEW SECTIONS
11-5 AND 11-6 THEREOF ADOPTING THE
2003 INTERNATIONAL RESIDENTIAL CODE
FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Sections 11-5 and 11-6 of the
Code of Ordinances of the City of Dubuque,
Iowa be amended by enacting new Sections 11-
5and11-6asfollows:
Sec. 11-5. International Residential Code -
Adopted.
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the building code of the city that
certain building code known as the International
Residential Code, 2003 Edition and as published
by the International Code Council, Inc., and the
provisions of such building code shall be
controlling in the construction of one and two
family residential buildings and in ail matters
covered by such building code within the
corporate limits of the city and shall be known as
the "Dubuque Residential Building Code." A
copy of the International Residential Code, 2003
Edition, as adopted, shall be on file in the office
of the city clerk for public inspection.
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by enacting
Section 11-6 as follows:
Section 11-6. The code adopted by Section
11-5 of this chapter is hereby amended as
follows:
Section R103 Department of Building Safety.
Section R103 "Department of Building Safety" is
hereby amended by repealing such section and
replacing such section with a new section in lieu
thereof as follows:
Sec. R103.1. Creation of enforcement agency.
There is hereby established in the city the
building services department, which shall be
under the jurisdiction of the building official.
Sec. R105.5 Permits, Expiration. Section
105.5 "Expiration" Is hereby amended by
repealing such section and replacing such
section with a new section in lieu thereof as
follows:
Sec. 105.5 Expiration.
Every permit issued shall become invaiid
unless the work on the site authorized by such
permit is completed within one year after its
issuance. The building official is authorized to
grant, in writing, one or more extensions of time,
for periods not to exceed 180 days. The
extensions shall be requested in writing and
justifiable cause demonstrated.
Section R112 Board of Appeals. Section R112
"Board of Appeals" is hereby amended by
repeaiing such section and replacing such
section with a new section in lieu thereof as
follows:
Section R112. Building Code and Advisory
Appeals Board.
(a) Board Established. In order to determine
the suitability of alternative building materials
and methods of building construction, to provide
for reasonable interpretation of the provisions of
the building code, and to advise the city council
on all building construction regulations and
procedures, there is hereby created the building
code advisory and appeals board.
(b) Membership. The building code advisory
and appeals board shall consist of five (5)
members appointed by the city council. One (1)
member shall be an architect or engineer
registered in the State of Iowa, one (1) member
shall be a general building construction
contractor, one (1) member shall be a
journeyman carpenter, and two (2) members
shall be from the public at large.
(c) Term of Office. The tenm of office of all
board members shall be for three (3) years,
Regular Session, July 19, 2004
271
except that initial appointments of one (1)
member shall be for a term of one (1) year, two
(2) members for two-year terms and two (2)
members for three-year tenms.
(d) Rules and Regulations. The board shall
make such rules and prescribe such procedures
as may be reasonably necessary for its
operation, except that such rules shall include
the following:
(1) Board Chairperson. The chairperson of
the board shall be a member of the board
elected annually by a majority of the board.
(2) Secretary of the board. The building
official, or designee, shall be secretary of the
board. The secretary shall arrange for meetings
and prepare and keep such minutes and records
and perform such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall
constitute a quorum. The concurring vote of
three (3) members of the board shall be
necessary to pass any motion.
(4) Service until appointment of successor.
Upon completion of the term of office, members
of the building code board shall continue to
serve in their full capacity until their successor
has been duly appointed.
(5) Meetings. The building code board shall
meet upon call of the chairperson, secretary or
city manager. Members of the building code
board shall attend at least two-thirds of all
scheduled meetings within a twelve-month
period. If any member does not attend such
prescribed number of meetings, it shall
constitute grounds for the board to recommend
to the city council that said member be replaced.
(6) Attendance. The secretary shall enter the
attendance of all members on the minutes.
(7) Conformity with open meetings law. All
meetings shall be held in conformance with
provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file
with the city council a copy of the minutes of
each meeting of the board within ten (10)
working days after such meeting.
(9) Administrative policies. All administrative,
personnel, accounting, budgetary, and
procedural policies of the city shall govern the
building code board in all of its operations.
(10) Duties when serving as an appeals board.
Any person who is aggrieved by a decision of
the building official on any requirements
resulting from the enforcement of the building
code, may appeai from such decision to the
building code board and said board shall serve
as an appeal board. In case the aggrieved party
is a member of said board, said member shall
be disqualified as a member of the board acting
as an appeal board, until the person aggrieved
has been heard and a decision rendered.
The appeal shall be made by the person
aggrieved, giving written notice of such appeal
to the building official within seven (1) days of
receipt of decision from which the appeal is
taken. The building code board sitting as an
appeal board shall meet within ten (10) working
days after receiving such notice and render a
decision within five (5) working days thereafter.
Any interested party, including the building
official, shall have the right to present their case
to the appeal board, whose decision shall be
final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a
decision of the building official only on finding
that:
a. The building official had incorrectly
Interpreted the provision of this code;
b. The decision of the building official creates
an unnecessary hardship upon the appellant.
The board of appeals shall require that
sufficient evidence or proof be submitted to
substantiate any claims made regarding the use
of alternates.
All appeal hearings shall be conducted in
accordance with the procedures specified in this
code.
(e) LImitations of Authority. The Board of
Appeals shall have no authority relative to
interpretation of the administrative provisions of
this code nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of
the building official, the board of appeals may
authorize any alternate to the decision of the
building official and the provisions, provided it
finds the proposed material or method of
construction is satisfactory for the use intended
and complies with the provisions of this code,
and that the material, method or work offered is,
for the purpose intended, at least equivalent to
that prescribed by this code in suitability,
strength, effectiveness, durability, fire resistance
and safety.
Section R113 Violations. Section R113,
"Violations" is hereby amended by repealing
such section and replacing such section with a
new section in lieu thereof as follows:
Section R113 Violations
It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same
to be done in violation of this code.
The doing of any act, or the omission of any
act, declared to be unlawful by this code, or any
code or ordinance herein adopted by reference
shall be deemed a separate offense for each
and every day or portion thereof during which
any such unlawful act is committed, continued or
permitted and upon conviction shall be
punishable as provided in Chapter I of the Code
of Ordinances. The penalty herein provided shall
272
Regular Session, July 19, 2004
be cumulative with and in addition to the
revocation, cancellation or forfeiture of any
license or permit elsewhere in this code
provided for violation thereof.
Sec. R310. Section R310, "Emergency Escape
and Rescue Openings" is hereby amended as
follows:
Sec. R310 Emergency Escape and Rescue
Openings
Section 310.1 Emergency escape and rescue
required.
Add exceptions to Section 310.1:
EXCEPTIONS:
1. Basements without bedrooms that provide a
second stairway that terminates in a room
separate from the first stairway.
2. The finished sill height may exceed 44
inches (1118 mm) above the floor if approved by
the building official and the following conditions
are met:
The exterior finish grade is more than 36
inches (914 mm) above the interior floor level of
the room, OR altering the exterior configuration
of the building would adversely affect the
historical significance of the building.
A platform capable of supporting a live load of
300 pounds shall be permanently affixed at the
interior of the window. This platform shall be no
lower than 20 inches (508 mm) above the floor
and no higher than 36 inches (914 mm) above
the floor. The distance from the platfonm to the
finished sill height shall not exceed 36 inches
(914 mm). The platform shall extend outward
from the wall a minimum of 24 inches (610 mm)
and shall be at ieast as wide as the clear
openable width of the window.
The escape or rescue window shall have a
minimum clear openable area of 9 square feet
(0.84 m2), with a minimum dimension of 36
inches (914 mm).
The building is equipped with smoke detectors
installed in accordance with Section R311.
Sec.R3111.5.6.2. Section R311.5.6.2 ,
"Handrails" is hereby amended by adding
exception #3 as follows:
EXCEPTIONS:
1. Handrails shall be permitted to be interrupted
by a newel post at a turn.
2.The use of a volute, turnout or starting easing
shall be allowed over the lowest tread.
3. Top rails may be interrupted by walls.
Sec. R404 Foundation Walls. Section R404.1.2,
"Concrete Foundation Walls" is hereby amended
by adding an exception as follows:
EXCEPTION:
The following reinforcement requirements may
be used as an alternative for 8" (204 mm) thick
concrete foundation walls between 96 (2438
mm) and 120 Inches (3048 mm) in height: #4
bars 20 inches (508 mm) on center vertically
and #4 bars 24 inches (610 mm) on center
horizontally.
Chapter 11. Chapter 11 "Energy Efficiency" is
hereby amended by deleting the entire chapter.
Sec. P2603.6 Freezing. Section P2603.6,
"Freezing" is hereby amended by repealing the
last sentence and replacing such sentence with
a new sentence in iieu thereof as follows:
Water service pipe shall be installed 6 inches
(152 mm) below the frost line.
Sec. P3114 Air Admittance Valves. Section
P3114.3, "Where penmitted" is hereby amended
by repealing such section and replacing such
section with a new section in lieu thereof as
follows:
Individual vents, branch vents, circuit vents
and stack vents shall be penmitted to terminate
with a connection to an air admittance valve
when approved by the building official or their
agent in cases where structural or existing
conditions do not allow for the termination of a
vent to the exterior of the structure.
Part ViII Electrical. Part VIII "Electrical" is hereby
amended by deleting Chapters 33-42 in their
entirety.
Section 3. This Ordinance shall be in effect
after its final passage, approval and publication
as required by law.
Passed, approved and adopted this 19th day
of July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Teiegraph Herald
newspaper this 23" day of Juiy, 2004.
Jeanne F. Schneider, City Clerk
11 1/23
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 1-0.
PUBLIC INPUT
John Brennan, 1432 S. Grandview, spoke
requesting that when Council discussed the
condominium project below Eagle Point Park in
Closed Session that they remember the bluffs
belong to the citizens of Dubuque and that
further action on the issue not be pursued.
At 8:27 P.M. Michaiski moved to go into
Closed Session - Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)G) 2003
Code of Iowa. Seconded by Nichoison. Motion
carried 7-0.
At 8:50 P.M. Council reconvened stating staff
had been given proper direction.
There being no further business, Buol moved
to adjourn. Seconded by Markham. Motion
Regular Session, July 19, 2004
273
carried 1-0.
P.M.
The meeting adjourned at 8:51
1tl128
/s/ Jeanne F. Schneider, CMC
City Clerk
Approved:
2004
Adopted:
2004
Mayor
Council Members
Attest:
City Clerk