2004 August Council Proceedings
Regular Session, August 2, 2004
275
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 2, 2004
Councii met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buoi, Cline, Connors, Markham, Michaiski,
Nicholson, City Manager Van Miiligen,
Corporation Counsel Lindahi
Mayor Duggan read the cali and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properiy come before the City Council.
invocation was given by Father Thomas
Rhomberg,
Proclamations: Responsible Gaming
Education Week (August 2 - 6, 2004) received
by Shannon Gaherty and Carrie Tedore and
Tour de Dubuque Day (August 28, 2004)
received by Mike Martin and three Freedom
Rider Members.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 7/6 and 7/14; Cable TV
Reguiatory Commission of 7/14; City Council of
7/19; Enterprise Zone Commission of 6/14;
Housing Code Appeals Board of 6/15 (Revised);
Housing Commission of 6/22; Human Rights
Commission of 6/7; Investment Oversight
Commission of 7/26; Library Board of Trustees
of 6/24, presented and read. Buol moved that
the minutes be received and filed. Seconded by
Connors. Motion carried 7-0.
Quarteriy Report of the Investment Oversight
Commission, presented and read. Buol moved
that the report be received and filed. Seconded
by Connors, Motion carried 7-0,
Substance Abuse Services Center Fourth
Quarter Report for Fiscal Year 2004, presented
and read. Buol moved that the communication
be received and filed. Seconded by Connors,
Motion carried 7-0.
Proof of pubiication of City Councii
Proceedings of July 6, 2004 (on file in the City
Clerk's Office), presented and read. Buoi
moved that the proof be received and filed.
Seconded by Connors. Motion carried 7-0.
Printed Council Proceedings for May, 2004,
presented and read. Buol moved that the
proceedings be received and filed and approved
as printed. Seconded by Connors. Motion
carried 7-0.
Notice of Claims/Suits: Jeanne Helling for
personal injury; JP Cullen and Sons, Inc. for
payments due; Robert J. Lyons for vehicle
damage; Qwest for property damage; Michaei
Rettenmeier for property damage, presented
and read. Buoi moved that the ciaims and suits
be referred to the Legai Staff for investigation
and report. Seconded by Connors. Motion
carried 7-0.
Corporation Counsel advising that the
foliowing claims have been referred to Pubiic
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Jeanne
Heiling for personal injury; Robert J. Lyons for
vehicle damage, presented and read. Buol
moved that the communications be received and
fiied and concurred. Seconded by Connors.
Motion carried 7-0.
Corporation Counsel recommending settie-
ment of the claim of Country Springs Condo
Homeowners Association for property damage
and directing the Finance Department to issue
payment, presented and read. Buol moved that
the communication be received and filed and
concurred and Finance Director to issue proper
check. Seconded by Connors. Motion carried 7-
O.
Corporation Counsel recommending denial of
the claim of Henry Haas, Jr. for vehicle damage,
presented and read. Buol moved that the
communication be received and filed and
concurred. Seconded by Connors. Motion
carried 7-0.
City of Asbury - Annexation: Update:
Communication from Richard A, Anderson,
Mayor - City of Asbury, providing an annexation
update, presented and read. Buol moved that
the communication be received and filed,
Seconded by Connors. Motion carried 7-0,
2004 Local Law Enforcement Block Grant
Appiication: City Manager recommending
approvai of the submission of the Police
Department's 2004 Local Law Enforcement
Block Grant application, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Connors. Motion carried 7-0.
Ice Harbor Pump Auxiliary Power Project: City
Manager recommending acceptance of the Ice
Harbor Pump Auxiiiary Power Project as
276
Regular Session, August 2, 2004
completed by Portzen Construction in the final
contract amount of $69,395, presented and
read. Buol moved that the communication be
received and filed, Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO, 296-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Operations and
Maintenance Department Ice Harbor Pump
Auxiliary Power 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 it 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 Finance
Director be and he is hereby directed to pay to
the contractor from the General Fund equal to
the amount of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 297-04
FINAL ESTIMATE
Whereas, the contract for the Operations and
Maintenance Department Ice Harbor Pump
Auxiliary Power Project has been completed and
the Operations and Maintenance Department
Manager 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 $69,395.00 and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa,
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution,
Seconded by Connors. Motion carried 7-0.
Fourth Zone Water Tower Construction
Project: City Manager recommending
acceptance of the Fourth Zone Water Tower
Construction Project as completed by Landmark
Structures 1, L.P, in the final contract amount of
$1,234,770.11, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors, Motion carried 7-0.
RESOLUTION NO. 298-04
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Fourth Zone
Water Tower Improvement Project has been
completed and the City's Consultant Veenstra &
Kimm, Inc. of Des Moines, 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 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 299-04
FINAL ESTIMATE
Whereas, the contract for the Fourth Zone
Water Tower 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 the said
improvement Is hereby determined to be
$1,234,770.11.
Section 2. That the final payment of
$61,738.50 be paid to Landmark Structures 1,
L.P. in accordance with State Statutes from
funds in the Water Department's FY03 CIP
Budget.
Passed, approved and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Workers' Compensation Excess Insurance:
City Manager recommending approval of the
continuation of Safety National as the City's
excess workers' compensation carrier effective
July 1, 2004 and an increase of the self-insured
retention to $450,000, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Connors. Motion carried 7-0.
Regular Session, August 2, 2004
277
Burlington Traiiways Contract: City Manager
recommending approval of an Independent
Commission Agency Contract between the City
of Dubuque and Burlington Trailways upon
termination of the Greyhound Bus service,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Enterprise Zone Contract for Gronen Adaptive
Reuse, LLLP: City Manager recommending
approval of a Housing Enterprise Zone Program
Agreement by and among the Iowa Department
of Economic Development, the City of Dubuque,
and Gronen Adaptive Reuse, LLLP, related to
the redevelopment of properties in the 1000
block of Main Street, presented and read. Buol
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 300-04
RESOLUTION APPROVING A HOUSING
ENTERPRISE ZONE PROGRAM AGREE-
MENT BY AND AMONG THE IOWA
DEPARTMENT OF ECONOMIC DEVELOP-
MENT, THE CITY OF DUBUQUE AND
GRONEN ADAPTIVE REUSE, LLLP
Whereas, the City of Dubuque has established
two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Commission on
June 14, 2004 approved the application of
Gronen Adaptive Reuse, LLLP for Housing
Enterprise Zone benefits; and
Whereas, Gronen Adaptive Reuse, LLLP's
application was approved by the Iowa
Department of Economic Development on June
25, 2004; and
Whereas, the Iowa Department of Economic
Development has prepared and submitted for
City Council approval an agreement relating to
Housing Enterprise Zone benefits for Gronen
Adaptive Reuse, LLLP, a copy of which is
attached hereto and by this reference made a
part hereof; and
Whereas, the City Council finds that the
proposed agreement is acceptable and
necessary to the growth and deveiopment of the
city.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Economic Development Housing Enterprise
Zone Program Agreement, Number 04-HEZ-
059, is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute the
Agreement on behalf of the City of Dubuque and
forward the executed copy to the Iowa
Department of Economic Development for their
approval.
Passed, approved and adopted this 2nd day of
August 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Jackson Street / West Locust Street
Resurfacing Project: City Manager recom-
mending acceptance of the Jackson StreetlWest
Locust Street Resurfacing Project as completed
by River City Paving, a Division of Mathy
Construction Co., in the final contract amount of
$1,162,381.33, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 301-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Jackson Street
and West Locust Street Resurfacing 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 Street Construction Fund
and the Federal STP Fund in amounts equal to
the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTtON NO. 302-04
FINAL ESTIMATE
Whereas, the contract for the Jackson Street
and West Locust Street Resurfacing 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 $1,210,591.28 and
the said amount shall be paid from the Street
278
Regular Session, August 2, 2004
Construction Fund and the Federal STP Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted this 200 day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Port of Dubuque Building Demolition and
Clearance Project: City Manager recommending
acceptance of the Port of Dubuque Buiiding
Demolition and Clearance Project as completed
by WC Stewart Construction Company in the
final contract amount of $91,500, presented and
read. Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 303-04
ACCEPTING IMPROVEMENT
Whereas, the contract for the Port of Dubuque
Logging Properties - Building Demolition and
Site Clearance 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 Federal Economic
Development Initiative Grant in amount equal to
the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 304-04
FINAL ESTIMATE
Whereas, the contract for the Port of Dubuque
Logging Properties - Building Demolition and
Site Clearance 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 $91,500.00 and the
said amount shall be paid from the Federal
Economic Development Initiative Grant of the
City of Dubuque, Iowa.
Passed, approved and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Downtown Master Plan: City Manager
transmitting the Citizen Guide for the Downtown
Master Plan, presented and read. Buol moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Adams Street - Plat of Survey: City Manager
recommending approval of the plat of survey
showing the recently-surveyed Adams Street
and Bodega Street between East 5th Street and
Ice Harbor Drive (formerly East 4th Street),
presented and read. Buol moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 305-04
RESOLUTION APPROVING PLAT OF
SURVEY OF ADAMS STREET, THE EAST-
ERLY LINE OF BODEGA STREET, THE
SOUTHERLY LINE OF EAST FIFTH STREET,
THE NORTHERLY LINE OF ICE HARBOR
DRIVE AND LOT B OF LOT 11 IN
tNDUSTRIAL SUBDIVISION NO.2 ALL IN THE
CITY OF DUBUQUE
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa a plat
dated July 14, 2004, prepared by WHKS &
Company, describing the retracement of Adams
Street, the easterly line of Bodega Street, the
southerly line of East 51h Street, the northerly line
of Ice Harbor Drive and Lot B of Lot 11 in
Industrial Subdivision No.2 all in the City of
Dubuque.
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 piat dated July 14, 2004,
prepared by WHKS & Company, 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 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.
Regular Session, August 2, 2004
279
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Heron Pond Fishing Pier - 28E Agreement:
City Manager recommending approvai of an
amendment to the 28E Agreement with the Iowa
Department of Natural Resources for funding for
the Heron Pond Fishing Pier Project, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0,
Kavanaugh Estate: City Manager
recommending the City accept a $19,644.77
bequest from the estate of Jeanette Kavanaugh
and target the funds for marketing and
promotion of the KeyLine system, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
Purchase of Property: City Manager
recommending approval of the purchase of a
residential dwelling owned by Tim and Victoria
Widmeier at 775 Gillespie Street for the planned
expansion of the West 32od Street detention
basin, presented and read. Buol moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 306-04
A RESOLUTION APPROVING THE ACQUI-
SITION OF REAL ESTATE LOCATED AT 775
GILLESPIE STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties located in the area
adjacent to the West 32od Street detention basin
for purposes of stormwater mitigation activities
as recommended in the 2001 HDR "Drainage
Basin Master Pian;" and
WHEREAS, a purchase agreement has been
finalized with the owners of the third property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
North Balance of Lot 1 of Lot 2 of Lot 7, and Lot
1 of Widmeier Place and Baiance of the North
50 feet of Lot 2 of Lot 8, except the east 158.5
feet of the North 15 feet thereof: and the east
158.5 feet of the North 15 feet of the North 50
feet of Lot 2 of Lot 8, all in Gillespie's
Subdivision of Mineral Lot 361 in the City of
Dubuque, Iowa, according to the recorded plat
thereof
At the cost of one hundred thirty-six thousand
five hundred dollars ($136,500).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Ciaim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Ciaim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 20d day of
July, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Quarterly Investment Report: City Manager
submitting the June 20, 2004 Quarteriy
Investment Report as prescribed within the City
of Dubuque Investment Policy Section 17.0
"Reporting," presented and read. Buoi moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
Iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Development congratulating the City
on the successful completion of the Community
Economic Betterment Account (CEBA) Program
with Swiss Valley Farms, presented and read.
Buoi moved that the communication be received
and filed. Seconded by Connors. Motion
carried 7-0.
Business Licenses:
RESOLUTION NO. 307-04
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
2 RENEWALS
Bricktown/Cooper Management Cooper
Management LLC 299 Main St
Hammerheads Bar & Grill Hammerheads, Inc.
2095 Kerper
Passed, approved and adopted this 20d day of
August, 2004.
280
Regular Session, August 2, 2004
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 308-04
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 "C" BEER PERMIT
Sid's Beverage Store, Inc Sid's Beverage Store
+ (Sunday Sale) 2727 Dodge St
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 309-04
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 compiy
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
Clarke College of Dubuque Clarke College+
(Sunday Sale) 1550 Clarke Dr
Shannon's Bar & Grill Inc. Shannon's Bar & Grill
+ (Sunday Sale) 521 E. 22od St
SPECIAL CLASS "C" LIQUOR
Bell Tower Productions Bell Tower Productions
+ (Sunday Sale) 2785 Asbury Rd
CLASS "B" WINE
Sids Beverage Store Inc Sids Beverage Store
2727 Dodge St
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoiution,
Seconded by Connors. Motion carried 7-0.
ConAgra Foods: City Manager
recommending approval of a request from
ConAgra Foods to construct two storage tanks
and a building to be used for the storage and
transfer of liquid fertilizer on property leased
from the City of Dubuque, presented and read.
Markham moved that the communication be
received and filed and approved recom-
mendation with the inclusion of specific
language in the agreement with regards to the
appearance of the tanks. Seconded by Cline.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
The following item was removed from the
Agenda: Praxair Oxygen Supply Agreement:
City Manager recommending that a public
hearing be set for August 16, 2004 to consider
disposing of an interest in real property at the
Water Pollution Control Plant for the installation
of an oxygen generating and liquid oxygen
storage facility by Praxair, Inc; and Resoiution
of intent to dispose of an interest in real property
at the Water Pollution Control Plant by
agreement with Praxair, Inc., a Delaware
Corporation.
Villa Street Retaining Wall 2004
Reconstruction Project - Initiate: City Manager
recommending Initiation of the bidding process
for the Villa Street Retaining Wall 2004
Reconstruction Project and that a public hearing
be set for September 7, 2004, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 310-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Villa Street
Retaining Wall Project, in the estimated amount
$250,000.00 are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resoiution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 311-04
FIXING DATE OF HEARING
Regular Session, August 2, 2004
281
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Villa Street Retaining Wall Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 7'"
day of September, 2004, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 2"d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution and
set public hearing for 9/7/04 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
Connors. Motion carried 7-0.
RESOLUTION NO. 312-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Villa Street Retaining Wall Project is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 26'" day of August, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 7'" day of September,
2004.
Passed, adopted and approved this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Port of Dubuque Storm Sewer Extension
Project - Initiate: City Manager recommending
initiation of the bidding process for the Port of
Dubuque Storm Sewer Extension Project and
that a public hearing be set for September 7,
2004, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 313-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Port of
Dubuque Storm Sewer Improvements - Phase
IV Project, in the estimated amount $334,273.09
are hereby approved and ordered filed in the
office of the City Clerk for pubiic inspection.
Passed, adopted and approved this 2"d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 314-04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATtONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on fiie in
the office of the City Clerk for public inspection
of the Port of Dubuque Storm Sewer
Improvements - Phase IV Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 7'"
day of September, 2004, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
282
Regular Session, August 2, 2004
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed pians,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution and
set public hearing for 9/7/04 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
Connors. Motion carried 7-0.
RESOLUTION NO. 315-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Port of Dubuque Storm Sewer
Improvements - Phase IV Project is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 191h day of August, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 7~ day of September,
2004.
Passed, adopted and approved this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Heron Pond Fishing Pier Construction Project:
City Manager recommending initiation of the
bidding process for the Heron Pond Fishing Pier
Construction Project and that a public hearing
be set for September 7, 2004, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 316-04
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Heron
Pond Fishing Pier Installation Project, in the
estimated amount of $46,418, are hereby
approved and ordered filed in the office of the
City Clerk, for public inspection.
Passed, approved and adopted this 2nd day
of August, 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. 317-04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Cierk for public inspection
of the Heron Pond Fishing Pier Installation
Project.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 7th day of
September, 2004, a public hearing will be held
at 6:30 p.m. in the Public Library Auditorium, at
which time interested persons may appear and
be heard for or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Michalski moved adoption of the Resolution and
set this for public hearing on 9/7/04 at a meeting to
commence at 6:30 P.M. in the public library
aud~orium and that the City Clerk publish notice in
the manner prescribed by law. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 318-04
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Heron Pond Fishing Pier Installation
Project is hereby ordered to be advertised for
bids for construction.
Regular Session, August 2, 2004
283
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 26th day of August, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 7th day of September,
2004.
Passed, approved and adopted this 2nd day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commissions:
Airport Commission (One four-year term
through 9/14/08 - term of Goodmann);
Appiicant: Teri Hawks Goodmann; No one
spoke.
Long Range Planning Advisory Commission
(One vacant three-year term through 7/1/07):
Applicant: James Prochaska. No one spoke.
Appointments to the following Boards /
Commissions:
Historic Preservation Commission (Old Main -
One vacancy through 7/1/05; At-Large - One
term through 7/1/06); Applicants: At-Large-
Mary Loney Bichell, Timothy G. Goen (Applicant
Matthew Lundh requested that his application be
withdrawn) Vote on the appointment was as
follows: Buol voted for Bichell; Cline voted for
Bichell; Connors voted for Bichell; Duggan voted
for Bichell; Markham voted for Bichell; Michalski
voted for Bichell; Nicholson voted for Goen.
Therefore, Mary Loney Bichell was appointed to
fill the unexpired three year At-Large term which
will expire 7/1/06.
Transit Board of Trustees (One three-year
term through 7/30/07): Applicant: Don Stedman
Michalski moved that Don Stedman be
reappointed to a three year term to expire
7/30/07. Seconded by Nicholson. Motion
carried 7-0.
PUBLIC HEARINGS
Petition for Landmark Status - 1339 Alta Vista:
Proof of publication on notice of hearing to
consider a request from David Moessner and
Jeanne Stevenson-Moessner to have their
property located at 1339 Alta Vista Street
designated as a City (iocal) landmark;
communication from the State Historical Society
of Iowa advising that the application submitted is
incomplete; and Historic Preservation
Commission recommending that the public
hearing be tabled and the State of Iowa's letter
referred to the Commission; 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. Ciine moved
that this be tabled and referred back to the
Historic Preservation Commission. Seconded by
Nicholson. Motion carried 7-0.
Michalski moved that the rules be
suspended to allow anyone present to speak.
Seconded by Markham. Motion carried 7-0.
Greater Downtown Urban Renewal District
Amendment: Proof of pubiication on notice of
hearing to consider amending the Urban
Renewal Pian for the Greater Downtown Urban
Renewal District to identify the Stealth Race Car
property as a possible acquisition site and City
Manager recommending approval and
communication from the Long Range Planning
Advisory Commission in support of the proposed
amendment to the Downtown Urban Renewal
District Plan, presented and read. Cline moved
that the proof and communications be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 319-04
A RESOLUTION APPROVING AN AMEND-
MENT TO THE URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT
Whereas, on June 21, 2004, the City Council
of the City of Dubuque, Iowa authorized the
preparation of an Amended and Restated Urban
Renewal Plan (the "Plan") for the Greater
Downtown Urban Renewal District (the
"District"); and
Whereas, the City of Dubuque's primary
objective in amending this Plan is to provide
284
Regular Session, August 2, 2004
opportunities for further redevelopment and
reinvestment in the District; and
Whereas, the Long Range Planning Advisory
Commission has reviewed the proposed Plan
amendment and has found that said document
is consistent with the Comprehensive Plan for
the development of the City of Dubuque as a
whole and has transmitted its findings to the City
Council; and
Whereas, a consultation process has been
undertaken with affected taxing entitles In
accordance with Chapter 403 of the Code of
Iowa with no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in accordance with
Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed Plan amendment
after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the amendment to the Urban
Renewal Plan for the Greater Downtown Urban
Renewal District, attached hereto and made
reference to herein, be approved.
Section 2. That the City Clerk of the City of
Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution
along with the Amendment in the office of the
Dubuque County Recorder.
Passed, approved and adopted this 2nd day of
August 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Michalski moved to reinstate the rules limiting
discussion to the Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Dubuque Area Chamber of Commerce
Convention and Visitors Bureau: Request of Sue
Czeshinski, Director of the Convention and
Visitors Bureau, to present the quarterly report
of the Dubuque Area Chamber of Commerce
Convention and Visitors Bureau, presented and
read. Cline moved that the report be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Bee Branch Creek Restoration Project:
Communication from Charlie Winterwood,
Chairman of the Bee Branch Citizen Advisory
Committee, submitting the Bee Branch Citizens
Advisory Committee recommendations,
presented and read. Cline moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Nicholson. Motion carried 7-0.
Communication from College Presidents:
Communication from the Presidents of the
University of Dubuque, Loras College and
Clarke College requesting support of a proposed
City ordinance that would prohibit underage
persons from being in a bar/tavern from 9;00
p.m. until closing time, presented and read.
Michalski moved that the communication be
received and filed and referred to the City
Manager and Legal Staff. Seconded by
Nicholson. Motion carried 7-0.
Demolition District Correspondence: Historic
Preservation Commission submitting proposed
amendments to the City's Demolition District
regulations and requesting City Council
approval, presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Amending Chapter 11 (Building
Regulations) of the City of Dubuque Code of
Ordinances regarding Demolition Districts,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-04
AN ORDINANCE AMENDING CHAPTER 11
(BUILDING REGULATIONS) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES RE-
GARDING DEMOLITION DISTRICTS.
Whereas, the Historic Preservation
Commission has recommended amendments to
Chapter 11 (Building Regulations) of the City of
Dubuque Code of Ordinances regarding
Demolition Districts; and
Whereas, the City of Dubuque established
Demolition Districts to allow for the City
Council's review of demolition permits that might
impact buildings of historic or architectural
significance in these districts; and
Whereas, the City has appointed the Historic
Preservation Commission to review demolition
permits in demolition districts; and
Whereas, the City Council finds that the
recommended amendments to Chapter 11 are
consistent with the goals and objectives of the
City's Comprehensive Plan and the purpose and
intent of the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 11 (Building Regulations)
of the City of Dubuque Code of Ordinances is
hereby amended by amending the following
sections to read as follows:
DEMOLITION PERMITS IN CONSERVATION
DISTRICTS
11-4(a) Application of Section: The provisions
of this Section shall apply to all buildings located
in whole or in part within the following described
conservation districts:
Regular Session, August 2, 2004
285
(1) Fourth Street Neighborhood: Beginning at
the intersection of Seventh and Bluff Streets,
thence southerly along Bluff Street to its
intersection with West Fifth Street; thence
westerly along West Fifth Street to its
intersection with the northerly extension of
Raymond Street; thence southerly along
Raymond Street and its northeriy and southerly
extensions to its intersection with West Third
Street; thence easterly along West Third Street
to its Intersection with St. Mary's Street; thence
southerly along St. Mary's Street to its
intersection with Emmett Street; thence easterly
along Emmett Street to its intersection with Bluff
Street; thence southerly along Bluff Street to its
intersection with First Street; thence easterly
along First Street to its intersection with the alley
between Biuff and Locust Streets; thence
northerly along the alley between Bluff and
Locust Streets to its intersection with West Fifth
Street; thence easterly along West Fifth Street to
its intersection with Locust Street; thence
northerly aiong Locust Street to its intersection
with Seventh Street; thence westerly along
Seventh Street to its intersection with Bluff
Street which is the point of beginning.
(2) Fenelon Place Neighborhood: Beginning at
the intersection of West Fifth and Burch Streets,
thence southerly along Burch Street to its
intersection with West Third Street; thence
easterly along West Third Street to its
intersection with the southerly extension of
Raymond Street; thence northerly along
Raymond Street and its southerly and northerly
extensions to its intersection with West Fifth
Street; thence westerly along West Fifth Street
to its intersection with Burch Street which is the
point of beginning.
(3) Third Street Neighborhood: Beginning at
the intersection of West Third and Hill Streets
thence southwesterly along Hill Street to its
intersection with Langworthy Street; thence
northwesterly along Langworthy Street to its
intersection with Alpine Street; thence
northeasterly along Alpine Street to its
intersection with West Third Street; thence
northwesterly along West Third Street to its
intersection with Nevada Street; thence
northeasterly along Nevada Street to its
intersection with West Fifth Street; thence
southeasterly along West Fifth Street to its
intersection with Alpine Street; thence southerly
aiong Alpine Street to its intersection with
Melrose Terrace; thence southeasterly along
Melrose Terrace and its southeasterly extension
to its intersection with Winona Street; thence
southwesterly along Winona Street to its
intersection with West Third Street; thence
southeasterly along West Third Street to its
intersection with Hill Street which is the point of
beginning.
(4) Washington Street Neighborhood:
Beginning at the intersection of Sixteenth and
Washington Streets thence westerly along
Sixteenth Street to Its intersection with Jackson
Street; thence northerly along Jackson Street to
its intersection with Eighteenth Street; thence
westerly along Eighteenth Street to its
intersection with Central Avenue; thence
southerly along Central Avenue to its
intersection with Fourteenth Street; thence
easteriy aiong Fourteenth Street to its
intersection with Washington Street; thence
northeriy along Washington Street to its
intersection with Sixteenth Street which is the
point of beginning.
(5) Jackson Park Neighborhood: Beginning at
the intersection of Fourteenth Street and Central
Avenue thence westerly along Fourteenth Street
to its intersection with Iowa Street; thence
southerly along Iowa Street to its intersection
with Tenth Street; thence westerly along Tenth
Street to its intersection with Bluff Street; thence
northerly along Bluff Street to its intersection
with Locust Street; thence northwesterly along
Locust Street to its intersection with Ellis Street;
thence northerly along Ellis Street and its
northerly extension to its intersection with Clarke
Drive; thence northwesterly along Clarke Drive
to its intersection with Paul Street; thence
northeasterly along Paui Street to its Intersection
with Lowell Street; thence southeasterly along
Lowell Street to its intersection with North Main
Street; thence southerly along North Main Street
to its intersection with Ciarke Drive; thence
southeasteriy along Clarke Drive and its
southeasterly extension to its intersection with
Central Avenue; thence southerly along Central
Avenue to its intersection with Fourteenth Street
which is the point of beginning.
(6) West Eleventh Street Neighborhood:
Beginning at the intersection of Ninth and Bluff
Streets thence westerly along Ninth Street to its
intersection with University Avenue; thence
westerly aiong University Avenue to its
intersection with Spruce Street; thence northerly
along Spruce Street to its intersection with West
Eleventh Street; thence westerly along West
Eleventh Street to its intersection with Walnut
Street; thence northerly along Walnut Street to
its intersection with Loras Boulevard; thence
westerly aiong Loras Bouievard to its
intersection with Cox Street; thence northerly
along Cox Street to its intersection with the
westerly extension of West Sixteenth Street;
thence easterly along West Sixteenth Street and
its westerly extension to its intersection with
Montrose Terrace; thence northerly along the
northeasterly extension of Montrose Terrace to
its intersection with West Locust Street; thence
southeasterly along West Locust Street to its
intersection with Bluff Street; thence southerly
286
Regular Session, August 2, 2004
along Bluff Street to Its intersection with Ninth
Street which is the point of beginning.
(7) Broadway Street Neighborhood: Beginning
at the intersection of West Twenty-third Street
and Central Avenue thence westerly along West
Twenty-third Street to its intersection with Lewis
Street; thence northwesterly along Lewis Street
to its intersection with Fulton Street; thence
northerly aiong Fulton Street to its intersection
with King Street; thence easterly along King
Street and its easterly extension to its
intersection with Central Avenue; thence
southerly along Central Avenue to its
intersection with West Twenty-third Street which
is the point of beginning.
(8) Downtown Neighborhood: Beginning at the
intersection of White Street and Fourteenth
Street, thence southerly along White Street to its
intersection with Fifth Street; thence easterly
along Fifth Street to its Intersection the railroad
tracks; thence easterly along the railroad tracks
to their intersection with the Mississippi River;
thence southerly along the riverfront across the
ice Harbor to the eastern terminus of First
Street; thence westerly along First Street to its
intersection with U.S. Highway 61/151; thence
southerly along U.S. Highway 61/151 to its
intersection with the Locust Street Connector;
thence westerly along the Locust Street
Connector and across Locust Street to Jones
Street; thence westerly along Jones Street to its
intersection with Bissell Lane; thence northerly
along Bissell Lane extended to First Street;
thence westerly along First Street to its
intersection with Bluff Street; thence northerly
along Bluff Street to its intersection with Fifth
Street; thence easterly on Fifth Street to its
intersection with Locust Street; thence northerly
on Locust Street to its intersection with Seventh
Street; thence westerly on Seventh Street to its
intersection with Bluff Street; thence southerly
on Bluff Street to its intersection with Fifth
Street; thence westerly along Fifth Street to the
bluff line; thence northerly along the bluff line to
Ninth Street; thence easterly along Ninth Street
to its intersection with Bluff Street; thence
northerly along Bluff Street to its intersection
with Tenth Street; thence easterly along Tenth
Street to its intersection with Iowa Street; thence
northerly along Iowa Street to Its intersection
with Fourteenth Street; thence easterly along
Fourteenth Street to its intersection with White
Street, which is the point of beginning.
11-4(b) Review by the Historic PreselVation
Commission. Upon receiving an application for a
demolition permit for any building subject to this
section, the building official shall immediately
notify the Historic Preservation Commission of
such application. if the application is for any
building with one or more dwelling units, the
building official shall also immediately notify the
Housing and Community Development
Department. The applicant shall file the
information required in this section with the
Historic Preservation Commission at the Office
of the Planning Services Department by the
application deadline established by the
Commission. If the application is for any building
with one or more dwelling units, the Planning
Services Department shall provide the filed
information to the Housing and Community
Development Department.
At its next regular meeting, the Commission
shall recommend to the City Council approval or
denial of the application, or table the application
for additional information for a specified period
not to exceed sixty (60) days from the date of
application with the Commission. A failure of the
Commission to take action on the application
within the sixty (60) day period, unless the
applicant requests and the Commission grants
an extension of such time, shall constitute
Commission approval thereof. The
recommendation of the Commission shall be
transmitted to the City Clerk. The City Cierk shall
promptly transmit the recommendation and the
application to the City Council for its
consideration.
The Commission shall review all of the
information submitted by the applicant and, if the
application is for any building with one or more
dwelling units, ail of the information submitted by
the Housing and Community Development
Department, and shall make a determination as
to the following:
(1) Whether the building proposed for
demolition has historic or architectural
significance to the community; and
(2) Whether denial of the proposed demolition
permit would prevent the property owner from
earning a reasonable economic return on the
property.
If the Commission finds that denial of the
application would prevent the property owner
from earning a reasonable economic return on
the property, or that the building does not have
any historical or architectural significance to the
community, the Commission shail recommend
approval of the application.
If the Commission finds that denial of the
application would not prevent the property owner
from earning a reasonable economic return on
the property and that the building has historical
or architectural significance to the community,
the Commission shall recommend denial of the
permit application.
11-4(c) Historic and architectural significance
guidelines and review criteria. The report,
"Heritage of Dubuque" dated March 1974 and
filed on record on January 27, 1975, shall be
considered as a comprehensive study for the
historical preservation of the city and as one of
the guides to be considered at such time as a
demolition permit is applied for in a reference
Regular Session, August 2, 2004
287
conservation district. The City of Dubuque's
Historic Property Inventory and any subsequent
official architectural I historical
surveyslevaiuations and nominations to the
National Register of Historic Places prepared for
any buildings located within the neighborhoods
described in subsection (a) aiso shall be
considered as guideiines at such time.
In determining whether a building has historic
or architectural significance, the Commission
and the City Council shall consider an
application for a demolition permit in accordance
with the standards for review set forth in the
Secretary of the Interior's Standards for
Identification and Evaluation, and any
subsequent revisions of these standards and
guidelines by the Secretary of the Interior. The
Commission and the City Councii shall also
consider a determination from the State
Historical Society of Iowa as to the potential
eligibility for listing of the building proposed for
demolition on the National Register of Historic
Places.
11-4(d) Economic Guidelines and Review
Criteria. In determining whether to recommend
approval or denial of the application, the
Commission and the City Council may consider
the information set forth in this subsection. The
Commission and the City Council may also
investigate strategies which would allow the
property owner to earn a reasonable economic
return on the property, may solicit expert
testimony, and may require that the applicant
make submissions concerning any or all of the
following information:
(1) A bid from a qualified contractor showing
the cost of the proposed demolition;
(2) A report from a licensed engineer, architect
or contractor with experience in rehabilitation as
to the structural integrity of any structure that the
applicant proposes to demolish;
(3) An opinion of the market value and the
appraised value of the property by a realtor or
appraiser: a) in its current condition, b) after
completion of the proposed demolition, c) after
renovation of the existing property for continued
use, and d) all appraisals obtained within the iast
five (5) years for the property;
(4) An estimate from an architect, developer,
real estate consultant, appraiser or other real
estate professional experienced in rehabilitation
of the cost: a) to perform the repairs identified by
the Building Services Department and the
Housing and Community Development
Department if the structure contains one or more
dwelling units, and b) to rehabilitate the
structure;
(5) The amount paid for the property, the date
of purchase and the person from whom the
property was purchased, a description of the
relationship, if any, between the owner of record,
the appiicant and the person from whom the
property was purchased, and the terms of the
purchase or proposed purchase, inciuding
financing;
(6) If the property is income-producing, Form
1040 Schedule E or equivalent for the previous
two (2) years;
(7) Itemized operating and maintenance
expenses for the previous two (2) years, and the
depreciation deduction and annual cash flow
before and after debt service, if any, during the
same period;
(8) The name of all mortgagees and the
balance of all mortgages or other financing
secured by the property and annual debt
service, if any, for the previous two (2) years;
(9) Any listing of the property for sale or rent,
the price asked and offers received, if any,
within the previous five (5) years;
(10) The assessed value of the property for the
previous two (2) assessment years;
(11) The amount of real estate taxes assessed
for the previous two (2) assessment years and
whether or not they have been paid;
(12) Any other information considered
necessary by the Commission by the City
Council to make a determination as to whether
the property does or may yield a reasonable
economic return to the property owner(s;
(13) A statement of the applicant's efforts to
obtain financing, tax incentives, preservation
grants and other incentives sufficient to allow the
applicant to earn a reasonable economic return
from the property in its current condition, and
after renovation of the existing property for
continued use; and
(14) A statement of the applicant's current
maintenance and repair activities.
If the application is for any building with one or
more dwelling units, the Housing and
Community Development Department may also
make submissions concerning any or all of the
above information, including strategies which
would allow the property owner to earn a
reasonable economic retum on the property.
The Commission shall consider such
information.
11-4(e) Action by the City Council. At its next
regular meeting following receipt of the
recommendation of the Commission by the City
Clerk, the City Council shall hold a hearing on
the application for a demolition permit and shall
approve, deny or withhold action on the
application for a specified period not to exceed
ninety (90) days from the date of application to
the Building Services Department, unless the
applicant requests an extension of such time. If
the City Council fails to take action to approve,
deny or withhold action on the application within
the ninety (90) day period, or such extension as
requested by the applicant, the building official
shall issue the permit forthwith.
288
Regular Session, August 2, 2004
The City Council may withhold action on the
application to allow the City Council and the
Commission an opportunity to Investigate the
historical or architectural value of the building to
the community and to take such action as may
be appropriate to encourage its preservation.
However, nothing in this section shall authorize
the withholding by the building official of a
demolition permit for more than ninety (90) days
from the date of application to the Building
Services Department, unless the applicant
requests an extension.
At the hearing, the City Council shall consider
the recommendation of the Commission, any
information submitted to the Commission by the
applicant, any information submitted to the City
Council by the applicant, and, if the application
is for any buiiding with one or more dwelling
units, any information submitted by the Housing
and Community Deveiopment Department.
If the City Council finds that denial of the
application would prevent the property owner
from earning a reasonable economic return on
the property or that the building does not have
any historical or architectural significance to the
community, the City Council shall approve the
application.
If the City Council finds that denial of the
application would not prevent the owner from
earning a reasonable economic return on the
property and that the building has historical or
architectural significance to the community, the
City Council shail deny the application.
If the City Councii denies the application, it
shall state its findings in writing and shall
transmit a copy of such findings to the applicant.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: IslJeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 61h day of August, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 8/6
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.
Historic District Public Improvement Program
Applications: Historic Preservation Commission
recommending approval of the funding of two
previously approved projects submitted for the
Historic District Public Improvement Program
(HDPIP), presented and read. Michalski moved
that the communication be received and filed
and approved recommendation. Seconded by
Markham. Motion carried 7-0.
Arts and Cultural Task Force: Communication
from the Arts and Cultural Task Force submitting
information on the work of the Arts and Cultural
Task Force, presenting recommendations and
requesting City Council direction, presented and
read. Buol moved that the communication be
received and filed and approved the first three
requests and Council direction was given that
staff approach the Dubuque Racing Association
for funding through their grant program and if
this was not successful, that the issue of funding
be brought back to the Council for further
discussion. Seconded by Michalski. Motion
carried 7-0.
Middle School Traffic Signalization: City
Manager recommending approval of the
Dubuque Middle SchoollRadford Road Traffic
Signalization project and that the City enter into
a partnership with the Dubuque Community
School District, presented and read. Buol
moved that the communication be received and
filed and recommendation approved. Seconded
by Markham. Carried by the following vote:
Yeas - Buol, Ciine, Connors, Markham,
Michalski, Nicholson. Nays-Duggan.
Citizen Participation Plan Amendment: City
Manager recommending approval of an
amendment to the Citizen Participation Plan to
reflect administrative changes that have
occurred and to revise the definition of a
substantial amendment, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 320-04
RESOLUTION AMENDING THE CITIZEN
PARTICtPATION PLAN BY REPEALING THE
EXISTING PLAN AND ADOPTING A NEW
CITIZEN PARTICIPATION PLAN IN LIEU
THEREOF FOR THE COMMUNITY DEVELOP-
MENT BLOCK GRANT (CDBG) PROGRAM.
Whereas, the City Council of the City of
Dubuque, Iowa adopted a Citizen Participation
Plan (the "Plan") which set forth a process for
citizen involvement in the development of the
City's Community Development Block Grant
(CDBG) program on September 8,1992; and
Whereas, the City Council has amended the
Plan from time to time; and
Whereas, the Community Development
Advisory Commission has proposed and
recommended approval to the City Council an
Regular Session, August 2, 2004
289
amendment to the Pian as described in Exhibit
A.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Citizen Participation Plan is
hereby repealed and a new Citizen Participation
Plan as shown in Exhibit A is hereby adopted in
lieu thereof;
Section 2. That said Amendment shall become
effective immediately.
Section 3. That the Plan as amended shall be
filed in the Housing and Community
Development Department as required by the
U.S. Department of Housing and Urban
Deveiopment.
Passed, approved and adopted this 2nd day of
August 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
Dubuque Community School District
Partnership: City Manager recommending
approval of a partnership with the Dubuque
Community School District to assist with
financing construction of a neighborhood
resource center at the new downtown
elementary school, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Eagie Point Park Rock Face: City Manager
recommending approval of the issuance of a
Request for Proposals for an engineering firm to
examine the Eagle Point Park rock bluff, identify
any problems, the potential causes for those
problems and a course of action to remedy the
problems, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Plumbing Code Ordinance: City Manager
recommending adoption of the 2003 Uniform
Plumbing Code (UPC) published by the
International Association of Plumbing and
Mechanicai Officials, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
An Ordinance of the City of Dubuque, Iowa
providing that the Code of Ordinances, City of
Dubuque, Iowa be amended by repealing
Section 37-1 thereof and enacting a new Section
37-1 thereof pertaining to revising and
reenacting a Plumbing Code for the City of
Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-04
AN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SECTION 37-1
THEREOF AND ENACTING A NEW SECTION
37.1 THEREOF PERTAINING TO REVISING
AND REENACTING A PLUMBING CODE FOR
THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 37-1 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repeaiing Section 37-1 and
enacting a new Section 37-1 in lieu thereof:
Section 37-1
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the plumbing code of the City
that certain plumbing code known as the
"Uniform Plumbing Code", 2003 Edition,
including the 2003 Uniform Plumbing Code
Appendices as prepared and edited by the
International Association of Plumbing and
Mechanical Officials, Walnut, California, and the
provisions of such plumbing code shall be
controlling for the installation, alteration, repair,
relocation, replacement, addition to and use or
maintenance of piumbing equipment and
systems in all matters covered by such plumbing
code within the corporate limits of the City and
shall be known as the "Dubuque Plumbing
Code". A copy of the Uniform Piumbing Code,
2003 Edition, as adopted, shall be on file in the
office of the City Clerk for public inspection.
Section 2. That Section 37-2 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by amending the current Section 37-2
as follows:
Section 30.8. Licensing, Examination and
Registration of Plumbers Required is hereby
amended by adding the following to Section
30.80) as follows:
Section 30.8 (new last paragraph)--Master and
Journeymen plumbers holding iicenses in
jurisdictions with similar licensing requirements
as the City of Dubuque and whose Plumbing
Board or Authority Having Jurisdiction has
expressed, in writing, that they will accept City of
Dubuque licenses as proof of qualification for a
license in their jurisdiction, will not be subject to
testing or interview by the City of Dubuque
Plumbing Board.
290
Regular Session, August 2, 2004
Section 203 of the 2003 Uniform Plumbing
Code is hereby amended by adding the
definition of Approved Qualified Welder:
Section 203-Approved Qualified Welder- A
person who specializes in welding of pipes and
holds a valid certificate of competency from a
recognized testing laboratory, based on the
requirements of the AS.M.E. Boiler and
Pressure Vessels Code, Section IX or as
approved by the administrative authority's
testing procedures.
Section 316.1.7 of the 2003 Uniform Plumbing
Code is hereby amended by deleting the current
section and adding a new Section 316.1.7 as
follows:
Brazing and Welding. Brazing and welding
shall conform to the applicable standard(s) in
Table 14-1. All brazing on medical gas systems
shall be performed by certified installers meeting
the requirements of the plumbing board.
Section 603.4.18.1 of the 2003 Uniform
Plumbing Code is hereby amended by deleting
the following from the first paragraph:
"except in one or two family residential sprinkler
systems piped in materials approved for potable
water distribution systems,"
Section 3. When Effective. This Ordinance
shall take effect immediately upon publication as
provided by iaw.
Passed, approved and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 6'h day of August, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 8/6
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.
Heating, Air Conditioning and Ventilating
(Mechanical) Ordinance: City Manager
recommending adoption of the 2003
International Mechanical Code (IMC) published
by the Intemational Code Council, presented
and read. Buol moved that the communication
be received and filed. Seconded by Connors.
Motion carried 7-0.
An Ordinance Of the City of Dubuque, Iowa
providing that the Code of Ordinances, City of
Dubuque, Iowa, be amended by repealing
Section 24-1 thereof and enacting a new Section
24-1 thereof pertaining to revising and
reenacting a Mechanical Code of the City of
Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore,
presented and read.
OFFICIAL PUBILCATION
ORDINANCE NO. 59-04
AN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SECTION 24-1
THEREOF AND ENACTING A NEW SECTION
24-1 THEREOF PERTAINING TO REVISING
AND REENACTING A MECHANICAL 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 24-1 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 24-1 and
enacting a new Section 24-1 in lieu thereof:
Section 24-1
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the mechanical code of the City
that certain mechanical code known as the
"International Mechanical Code", 2003 Edition,
including Appendix A as prepared and edited by
the International Code Council (ICC), and the
provisions of such mechanical code shall be
controiling for the installation, maintenance and
use of heating, ventilating, cooling, refrigeration
systems, incinerators and other miscellaneous
heat-producing appliances within the corporate
limits of the City and shall be known as the
"Dubuque Mechanical Code". A copy of the
International Mechanical Code, 2003 Edition, as
adopted, shall be on file in the office of the City
Clerk for public Inspection.
Section 2. When Effective. This Ordinance
shall take effect immediately upon publication as
provided by iaw.
Passed, approved and adopted this 200 day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
Newspaper the 6'h day of August, 2004.
Jeanne F. Schneider, CMC, City Clerk
1t 8/6
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 finai
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Fifth and Bell Street Signage (Third Reading):
Regular Session, August 2, 2004
291
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, with first reading given on
July 6, 2004, second reading given on July 19,
2004, now presented for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 60-04
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 ON EAST
FIFTH STREET AND BELL 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, be amended by adding
East Fifth Street and Bell Street from Subsection
(b) of Section 32-214 thereof as follows:
"Sec. 32-214. Stop Intersections.
(b)
EASTBOUND AND WESTBOUND
Fifth Street, East, and Bell Street
Passed, approved, and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 6th day of August, 2004.
Jeanne F. Schneider, CMC, City Clerk
1\ 8/6
Buol moved that this be considered the third
and final reading and passage of the Ordinance.
Seconded by Connors. Carried by the following
vote: Yeas-Buol, Connors, Duggan, Markham.
Nays-Cline, Michalski, Nicholson.
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, with first reading given on July 6, 2004,
second reading given on July 19, 2004, now
presented for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-04
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 StGNS AT THE
INTERESECTION OF EAST FIFTH STREET
AND BELL 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, be amended by deleting
East Fifth Street and Bell Street from Subsection
(b) of Section 32-214 thereof as follows:
"Sec. 32-214. Stop Intersections.
(b)
SOUTHBOUND
Bell Street and East Fifth Street
WESTBOUND
East Fifth Street and Bell Street
Passed, approved, and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officialiy in the Telegraph Herald
Newspaper the 6th day of August, 2004.
IslJeanne F. Schneider, CMC, City Clerk
1t 8/6
Buol moved that this be considered the third
and final reading and passage of the Ordinance.
Seconded by Connors. Carried by the following
vote: Yeas-Buol, Connors, Duggan, Markham.
Nays-Cline, Michalski, Nicholson.
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 East Fifth Street and Bell
Street, with first reading given on July 6, 2004,
second reading given on July 19, 2004, now
presented for final action.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-216 THEREOF PROVIDING FOR
THE DELETION OF A YIELD SIGN AT THE
INTERSECTION OF EAST FIFTH STREET
AND BELL 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, be amended by deleting
East Fifth Street from Subsection (b) of Section
32-216 thereof as follows:
"Sec. 32-216. Yield Intersections.
(b)
.
(3) Eastbound Vehicles
Fifth Street, East, and Bell Street
Passed, approved, and adopted this 20d day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
292
Regular Session, August 2, 2004
Published officially in the Telegraph Herald
Newspaper the 61h day of August, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 8/6
Buol moved that this be considered the third
and final reading and passage of the Ordinance.
Seconded by Connors. Carried by the following
vote: Yeas-Buol, Connors, Duggan, Markham.
Nays-Cline, Michalski, Nicholson.
COUNCIL MEMBER REPORTS
Connors thanked the Police and Fire
Departments for the quick response to the
recent fire at the Archdiocesan building.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjoumed at
7:58 P.M.
Jeanne F. Schneider, CMC
City Clerk
1t 8/11
I
Approved: September 20, 2004
Adopted: September 20, 2004
Terry M. Duggan
Mayor
Joyce Connors
Patricia Cline
Ann E. Michalski
Roy D. Buol
Dan Nicholson
John H. Markham
Council Members
Attest;
Jeanne F. Schneider, City Clerk
Members
Regular Session, August 16, 2004
293
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, August 16,
2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Pro-Tem Nicholson, Council
Members Buol, Cline, Connors, Markham,
Michalski, City Manager Van Milligen,
Corporation Counsel Lindahl
Absent: Mayor Duggan
Mayor Pro-Tem Nicholson 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 Deacon J.C. Otto of
Sacred Heart Cathoiic Church.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 8/2; Five Flags Commission of 6/21 and 7/19;
Historic Preservation Commission of 7/15; Long
Range Planning Commission of 7/21; Zoning
Board of Adjustment of 7/22, presented and
read. Buol moved that the minutes be received
and filed. Seconded by Michalski. Motion carried
6-0.
Proof of publication of City Council Pro-
ceedings of 7/19 and List of Claims and
Summary of Revenues for month ending June
30, 2004 (on file in City Clerk's Office),
presented and read. Buol moved that the proofs
be received and filed. Seconded by Michalski.
Motion carried 6-0.
City of Dubuque Financial Reports for month
ending July 31, 2004 (On file in City Clerk's
Office), presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 6-0.
Notice of Claims/Suits: Ryan M. Beyer for
towing of vehicle; Rose Brandenburg for
personal injury; Paul A. Ernst for vehicle
damage; Sarah J. Merges for vehicle damage;
Delbert G. Miller vs. City of Dubuque; Keith
Phillips 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 Michalski. Motion carried 6-0.
Corporation Counsel advising that the
following claims have been referred to Pubiic
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Rose
Brandenburg for personal Injury; Keith Phillips
for vehicle damage, presented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Michalski.
Motion carried 6-0.
Corporation Counsel recommending that the
claim of Michael Rettenmeier for property
damage be referred to WC Stewart Construction
Company, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Michalski. Motion
carried 6-0.
Iowa Arts Council: Copy of communication
from Anita Walker, Iowa Arts Council, to Jane
Kenworthy, Dubuque Symphony Orchestra,
expressing gratification that the City of Dubuque
is exploring ways to invest in the arts, presented
and read. Buoi moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 6-0.
Purchase of Property at 815 West 32od Street:
City Manager recommending approval of the
purchase of a residential dwelling located at 815
West 3200 Street as part of the acquisition
pro~ram associated with expansion of the West
320 Street detention basin, presented and read.
Buoi moved that the communication be received
and filed. Seconded by Michalski. Motion
carried 6-0.
RESOLUTION NO. 321-04
A RESOLUTION APPROVING THE ACQUI-
SITION OF REAL ESTATE LOCATED AT 815
WEST 32"0 STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties located in the area
adjacent to the West 3200 Street detention basin
for purposes of stormwater mitigation activities
as recommended in the 2001 HDR "Drainage
Basin Master Plan;" and
WHEREAS, a purchase agreement has been
finalized with the owner of the fourth property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
Lot 2 of Lot 1 of Lot 7 in Gillespie's Subdivision
in the City of Dubuque, Iowa, according to the
recorded piat thereof
At the cost of Eighty-six thousand dollars
($86,000).
294
Regular Session, August 16, 2004
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 16'h day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
Citizen Communication: Communication from
Bob Felderman, Jojanaro, in opposition to the
proposed closing of 12'h Street, presented and
read. Buol moved that the communication be
received and filed. Seconded by Michaiski.
Motion carried 6-0.
Collective Bargaining Agreement Amendment:
City Manager recommending approval of an
amendment to the Collective Bargaining
Agreement between the City and the
International Union of Operating Engineers to
provide for a work week that consists of ten
hours per day and four days per week for full-
time Public Safety Dispatchers, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Michalski.
Motion carried 6-0.
Grand River Center: City Manager
recommending approval of the installation of
video conferencing equipment in the Grand
River Center and that the system be supplied by
and installed by Communication Engineering
Company in the amount of $48,159.27,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Michalski. Motion carried 6-0.
Iowa Department of Transportation RISE
Application: City Manager recommending
approval of the submission of a Revitalize Iowa's
Sound Economy (RISE) grant application, in the
amount of $1,283,262, to the Iowa Department
of Transportation for the ex1ension of
Chavenelle Road from Dubuque Industrial
Center to Dubuque Industrial Center West,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 6-0.
RESOLUTION NO. 322-04
A RESOLUTION ENDORSING THE SUB-
MISSION OF A REVITALIZE IOWA'S SOUND
ECONOMY (RISE) APPLICATION TO THE
IOWA DEPARTMENT OF TRANSPORTATION
FOR THE EXTENSION OF CHAVENELLE
ROAD WEST FROM DUBUQUE INDUSTRIAL
CENTER TO DUBUQUE INDUSTRIAL
CENTER WEST
Whereas, the City of Dubuque believes that
economic development opportunities require
developable industrial land with adequate public
infrastructure in order to retain and attract new
job creating businesses and industries to this
community; and
Whereas, the City of Dubuque is subdividing
approximately 125 acres of industrial
development land located in the Dubuque
Industrial Center West; and
Whereas, the improvement of this property
requires new primary access into the site from
Dubuque Industrial Center to Dubuque Industrial
Center West; and
Whereas, the Iowa Department of
Transportation, through its Revitalize Iowa's
Sound Economy (RISE) program's Competitive
Rating Funding, has monies available for the
development of public roadways to support
future economic development opportunities.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
endorses the application to the Iowa Department
of Transportation for RISE funding to provide
access into this industrial area via an ex1ension
of Chavenelle Road west from Dubuque
Industrial Center.
Section 2. That the City of Dubuque hereby
certifies that the roadway improvements will be
dedicated to public use and will remain so
dedicated to public use.
Section 3. That the City of Dubuque hereby
assumes responsibility for the ongoing
maintenance of these improvements and
ensures that they will be adequately maintained
in the future.
Section 4. That the City of Dubuque has
budgeted for the development of the additional
acres, the utilities required to support the
development, and locai match for the street
ex1ension as identified in the appiication.
Section 5. That the City Manager is
authorized to sign, on behalf of the City Council,
the application for RISE funding.
Passed, approved and adopted this 16'h day of
August 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Regular Session, August 16, 2004
295
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
Dubuque Initiatives Staffing Agreement: City
Manager recommending approval of a one year
Agreement for Professional Services to provide
administrative and accounting services to
Dubuque Initiatives, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Michalski. Motion carried 6-0.
Stonehill Community Association: Commu-
nication from Harold Conzett and Larry Zettel,
Stonehill Community Association, requesting
that the Association be allowed to remove the
sidewalk on the west side of Windsor Avenue,
north of Stone Ridge Place, and to replace the
waik with grass, presented and read. Markham
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Connors. Motion carried 6-0.
Stealth Race Cars: City Manager
recommending approval to send a letter to Terry
and Linda Weidemann, owners of Stealth Race
Cars property in the Port of Dubuque, officially
notifying them of the City's intent to acquire their
property; City Manager recommending approval
of an Economic Development initiative (EDI)
Grant Agreement amendment for the purchase
and demoiition of the Stealth Race Cars
property in the Port of Dubuque, presented and
read. Buol moved that the communications be
received and filed. Seconded by Michalski.
Motion carried 6-0.
RESOLUTION NO. 323-04
A RESOLUTtON AUTHORIZING THE FILING
OF AN AMENDMENT REQUEST TO THE
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Whereas, the Department of Housing and
Urban Development (HUD) has been provided
direction from Congress to assist the City of
Dubuque in the clean-up and acquisition of
properties in the Port of Dubuque; and
Whereas, the City received grant award for
Economic Development Initiative assistance in
the amount of $357,660 to be used for the
cleanup, mitigation, and site preparation of
properties in the Port of Dubuque; and
Whereas, the City has completed most of the
cleanup, mitigation, and site preparation work,
and desires to spend some of the funds for land
acquisition purposes, specifically to purchase
the Stealth Race Cars property in the Port of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the submission of a letter to
HUD requesting an amendment to the
application and Grant Agreement for the
acquisition of Stealth Race Cars property in the
Port of Dubuque is hereby approved.
Section 2. That the Mayor is hereby authorized
to execute the letter and any subsequent
amendment to the Grant Agreement with HUD.
Passed, approved, and adopted this 16th day
of August 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
Amendment to Lease with Historical Star
Redevelopment, LLC: City Manager
recommending approval of an amendment to the
Lease with Historical Star Redevelopment, LLC
to extend an additional $210,000 in loan
proceeds to complete roof replacement on the
Star Brewery building, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 6.
O.
RESOLUTION NO. 324-04
AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO LEASE AGREEMENT WITH
HISTORICAL STAR REDEVELOPMENT,
L,L.C, FOR THE STAR BREWERY BUILDING
Whereas, the Cily Council of the City of
Dubuque, Iowa, after public hearing, duiy
entered into a one-year Lease Agreement with
Historical Star Redevelopment, L.L.C.
(Developer) for the Star Brewery Buiiding; and
Whereas, the Lease Agreement provides for a
Loan Agreement with Developer in an amount of
$800,000 to complete certain Phase 1
construction activities associated with the
rehabilitation of the Star Brewery Buiiding; and
Whereas, additional rehabilitation work in an
amount not to exceed $210,000 is needed in
Phase 1 to secure the building roof system; and
Whereas, a First Amendment to Lease
Agreement, hereto attached and by this
reference made a part hereof, sets forth the
terms and conditions of the increase in the loan
amount to Developer.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to Lease
Agreement by and between the City of Dubuque
and Historical Star Redevelopment, L.L.C.,
attached hereto, is hereby approved.
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute, on
behalf of the City of Dubuque, Iowa, the First
Amendment to Lease Agreement.
Passed, approved and adopted this 16th day of
August 2004.
296
Regular Session, August 16, 2004
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
Davis-Bacon Labor Standards Requirements I
New Facility: City Manager recommending
approvai to outsource the monitoring
requirements associated with the Davis-Bacon
Labor Standard Requirements with the
construction of the new Municipal Service
Center Facility, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Michalski. Motion carried 6-0.
Grand Opera House Conservation Easement:
City Manager recommending that the City, as
mortgage holder, consent to a fifty-year
Conservation Easement Agreement between the
Grand Opera House and the Historical Division
of the iowa Department of Cultural Affairs for
preservation of the Grand Opera House,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 6-0.
RESOLUTION NO. 325-04
CONSENTING TO A CONSERVATION EASE-
MENT AGREEMENT BETWEEN THE GRAND
OPERA HOUSE, AN IOWA NONPROFIT
CORPORATION, AS GRANTOR, AND THE
HISTORICAL DIVISION OF THE IOWA
DEPARTMENT OF CULTURAL AFFAIRS, AS
GRANTEE, FOR THE PRESERVATION OF
THE GRAND OPERA HOUSE
Whereas, The Grand Opera House, an Iowa
nonprofit corporation (Opera House) is the
owner of the Grand Opera House located at 135
West 81h Street in Dubuque, Iowa, on property
legally described as The West 70 feet of Lots
171 and 172 in the City of Dubuque, Iowa,
according the United States Commissioners
Map thereof; and
Whereas, in consideration of the sum of
$248,000 received In financial assistance from
the National Park Service of the United States
Department of the Interior, Opera House intends
to grant to the Historicai Division of the Iowa
Department of Cultural Affairs (Historical
Division) a conservation easement pursuant to
the Conservation Easement Agreement
attached hereto for the purpose of assuring
preservation of the Grand Opera House; and
Whereas, the conservation easement is a
condition of the eligibility of Opera House for the
financial assistance from the National Park
Service of the United States Department of the
Interior appropriated from the Historic
Preservation Fund for the Save America's
Treasures Grant Program; and
Whereas, the City of Dubuque (City) Is the
holder of a mortgage on the Opera House, filed
January 24, 1997, recorded as instrument No.
779-1997 in the records of Dubuque County,
Iowa; and
Whereas, Opera House has requested City's
consent to the Easement Agreement; and
Whereas, the City Council finds that it is in the
best interests of City to consent to the Easement
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby
consents to the Conservation Easement
Agreement attached hereto; and
Section 2. The Mayor and City Clerk are
hereby authorized and directed to execute the
Consent to the Easement Agreement on behalf
of the City of Dubuque.
Passed, approved and adopted this 161h day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michaiski. Motion carried 6-0.
Housing Commission Resignation:
Communication from Gina Bell advising that she
is resigning from the Housing Commission
effective August 2004, presented and read.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion carried
6-0.
Cultural and Entertainment District Application:
City Manager recommending approval of the
submission of an application to the Iowa
Department of Cultural Affairs to establish a
Cuitural and Entertainment District in downtown
Dubuque, presented and read. Cline moved that
the communication be received and filed.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 326-04
ESTABLISHING THE DUBUQUE CULTURAL
AND ENTERTAINMENT DISTRICT
Whereas, Dubuque Main Street Ltd. has
submitted an application to the Iowa Department
of Culturai Affairs to establish the Dubuque
Cultural and Entertainment District; and
Whereas, the Arts and Cultural Task Force has
recommended the establishment of Culturai and
Entertainment District and such
recommendation is consistent with the
Downtown Masterpian; and
Whereas, the establishment of a Cultural and
Entertainment District will assist the Downtown
District and the community to develop a public-
private. partnership to support culture and
entertainment.
Regular Session, August 16, 2004
297
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 endorses the submission of Dubuque
Man Street Ltd.'s application to the Iowa
Department of Culturai Affairs to establish the
Dubuque Cultural and Entertainment District and
agrees to participate in the development and
support of said Cultural and Entertainment
District.
Section 2. The City Council directs the City
Manager staff to actively support and cooperate
with the governing board of Dubuque Main
Street Ltd. to develop and maintain the Cultural
and Entertainment District.
Section 3. The Mayor is hereby authorized
and directed to sign this resolution on behalf of
the City of Dubuque. .
Passed, approved, and adopted this 16th day
of August, 2004
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Business Licenses:
RESOLUTION NO. 326-04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approvai 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
Cable Car Square
Dubuque Jaycees Dubuque Jaycees
+ (Sunday Sale) Hawthorne St Ex!.
Riverfest Riverfest+
(Sunday Sale) 7'" & Town Clock
CLASS "C" BEER PERMIT
Shreeji Services Inc.
(Sunday Sales)
Kwik Stop Food Mart
(Sunday Sale)
Ciark +
700 Rhomberg Av
Rainbo Oil Company +
2255 Kerper Blvd
TFM Com Oky Doky # 6 +
(Sunday Sale) 1256 iowa St
Mulgrew Oil Company Amoco Food Shop +
(Sunday Sale) 1450 Loras Blvd
Passed, approved and adopted this 16th day
of August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0.
RESOLUTION NO. 327-04
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" BEERILIQUOR LICENSE
Tri-State Golf Center Tri-State Golf Center +
(Sunday/Outdoor Sale)' 1095 Cedar Cross
L & L Investment Co. Players Sports Bar +
(Sunday Sale) 1902 Central Av
Famolo Of Iowa Los Aztecas +
(Sunday Sale) 2700 Dodge St
DBQ County Historical Soc. National Miss.
River Museum + (Sunday/Outdoor Sale)
350 E 3Cd St
CLASS "C" BEER/LIQUOR LICENSE
(SPECIAL DAY EVENT)
Grand Opera House Fnd. Grand Opera
House (1 day) 1155 Locust St
Cooper Management Bricktown
(1 day Outdoor Sale parking lot) 299 Main St
SPECIAL CLASS "C" LIQUOR
Chao Choo Charlie's Pizza Chao Chao Charles
+ (Sunday Sale) 1895 JFK Rd
Legion Aires Drum I Bugle Corp Colts Center +
(Sunday Sale) 1101 Central Av
CLASS "B" WINE
TFM Com
Oky Doky # 6
1256 Iowa St
298
Regular Session, August 16, 2004
TFM Com
Oky Doky # 2
51 W 32od St
NATIVE WINE 'WBN"
Mandolin Inn, Inc. Mandolin Inn
199 Loras Blvd
Passed, approved and adopted this 16th day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michaiski. Motion carried 6-0.
ITEMS TO BE SET FOR PUBLIC HEARING
2004 Local Law Enforcement Block Grant:
City Manager recommending that a public
hearing be set for September 7, 2004 regarding
the acceptance of the 2004 Local Law
Enforcement Block Grant award, presented and
read. Cline moved to receive and file the
communication and set Public Hearing for 9/7/04
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 Markham. Motion carried
6-0.
Marshall Park Sanitary Sewer Extension
Project - Initiate: City Manager recommending
initiation of the public bidding process for the
Marshall Park Sanitary Sewer Extension Project
and setting a public hearing for September 20,
2004, presented and read. Cline moved to
receive and file the communication. Seconded
by Markham. Motion carried 6-0.
RESOLUTION NO. 329-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Marshall
Park Sanitary Sewer Extension Project in the
estimated amount $148,868.75 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 16th day of
August, 2004.
Daniel E. Nichoison, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0
RESOLUTION NO. 330-04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Marshall Park Sanitary Sewer Extension
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on the 20th
day of September, 2004, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
piace of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 16th day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set for public hearing on 9/20104 at a meeting to
commence at 6:30 P.M. in the pubiic library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seçonded by
Markham. Motion carried 6-0
RESOLUTION NO. 331-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Marshall Park Sanitary Sewer
Extension Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED,that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 20d day of September, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 20th day of
September, 2004.
Passed, adopted and approved this 16th day of
August, 2004.
Regular Session, August 16, 2004
299
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0
Arboretum Entrance Road Construction
Project - Initiate: City Manager recommending
initiation of the public bidding process for the
Arboretum Entrance Road Construction Project
and setting a public hearing for September 20,
2004, presented and read. Cline moved to
receive and file the communication. Seconded
by Markham. Motion carried 6-0.
RESOLUTION NO. 332-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Arboretum
Entrance Road Construction Project, in the
estimated amount $129,498.02 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 161h day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0
RESOLUTION NO. 333-04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Councii of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Arboretum Entrance Road Construction
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
That a public hearing will be held on the 20lh
day of September, 2004, at 6:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and cost of said
improvement, and the City Cierk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior
to the day fixed for its consideration. At the
hearing, any interested person may appear and
file objections to the proposed plans,
specifications, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 161h day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Cierk
Cline moved adoption of the Resolution and
set for public hearing at a meeting to commence
at 6:30 P.M. in the public library auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Markham.
Motion carried 6-0
RESOLUTION NO. 334-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Arboretum Entrance Road
ConstructiQn Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Cierk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 9th day of September, 2004. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 20lh day of
September, 2004.
Passed, adopted and approved this 161h day of
August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Markham. Motion carried 6-0
BOARDSICOMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Commission:
Housing Commission (Three 3-year terms
through 8/17/04 - Terms of Eddy, Kapler and
Schwendinger): Applicants: Char Eddy, David
J. Kapler, Dorothy Schwendlnger, OSF No one
spoke.
Appointments to the following Commissions:
Airport Commission (One four-year term
through 9/14/08 - term of Goodmann)
Applicant: Teri Hawks Goodmann Michalski
moved that Terl Hawks Goodmann be
reappointed to the Airport Commission for a four
300
Regular Session, August 16, 2004
year term which will expire 9/14/08. Seconded
by Connors, Motion carried 6-0.
Long Range Planning Advisory Commission
(One vacant three-year term through 7/1/07):
Applicant: James F. Prochaska Markham
moved that James F. Prochaska be appointed
to the Long Range Planning Advisory
Commission for a three year term which will
expire 7/1/07. Seconded by Cline. Motion
carried 6-0.
ACTION ITEMS
Eagle Point Park Bluff: Request of SA Sutton
to address the City Council regarding the Eagle
Point Park Bluff; communication from Robert
Eichman and Richard Vorwald requesting that a
public hearing be set for September 7, 2004 to
discuss the Eagle Point Park Bluff - Rock Face
issue; and communications from Ellen Motsch
and Leslie L. Motsch regarding the Eagle Point
Park Bluffs, presented and read.
S. A. Sutton, 1875 Custer St., spoke of the
chain of events of the Eagle Point Bluff
development and questioned why City should
now pay to repair damages.
Cline moved that this matter be received and
filed. Seconded by Connors. Motion carried 6-
O.
Sutton was directed to provide a copy of the
documents she had to the City Clerk, and that
the issue would be discussed at the September
7,2004 meeting.
Request to Address the Council - Proposed
Liquor Ordinance: Request of Kevin A. Menning
to address the Council regarding the proposed
City ordinance banning drink specials, presented
and read. Mr. Menning, 1525 Alta Vista, was
present to speak. Mayor Pro-Tem Nicholson
requested that public input into this matter be
postponed until the Ordinance was brought
before Council. Cline moved that action on this
matter be postponed until the Ordinance was
brought to the Council. Seconded by Buol.
Motion carried 6-0.
Further Council direction was given that Mr.
Menning provide Corporation Counsel Lindahl
with a letter addressing his concerns.
Downtown Conservation District - Dubuque
Community School District: Communication
from the Dubuque Community School District
requesting that the new downtown school
building site located on the northeast edge of the
Downtown Demolition District be removed from
the district;
City Manager recommending approval of the
Dubuque Community School District request;
communication in opposition to the request of
the Dubuque Community School District,
presented and read. Buol moved that the
communications be received and filed.
Seconded by Markham. Motion carried 6-0.
An Ordinance Amending Chapter 11 (Building
Regulations) of the City of Dubuque Code of
Ordinances regarding the Downtown
Neighborhood Conservation District, presented
and read.
Council Member Michalski stressed the need
to work with the School Board on the Demolition
Ordinance, She aiso stated that this has been a
long term process which, until very recently,
Dubuque citizens were not addressing the issue
and sharing any concerns. Other Council
Members concurred. Buol moved that this be
considered the first reading of the Ordinance.
Seconded by Markham. Motion carried 6-0.
Installation of Sidewalks - Dubuque Middle
School: Communication from the Dubuque
Community Schooi District requesting that the
City require the installation of sidewalks on
areas surrounding the new middle school site on
Radford Road, presented and read. Cline
moved that the communication be received and
filed and referred to the City Manager with a
recommendation to install sidewalks.
Seconded by Michalski. Motion carried 6-0.
Request to Change Tattoo Ordinance: City
Manager submitting information regarding the
practice of micro-pigmentation and recom-
mending that the City not change the current
ordinance requiring a physician's supervision,
presented and read. Michalski moved that the
current Ordinance not be changed. Seconded
by Markham. Motion carried 6-0.
Conservation District Process: City Manager
recommending approval of a proposed process
to establish, expand or alter conservation
districts (formerly known as demolition districts),
in response to a City Council referral of a
request for direction from the Historic
Preservation Commission, presented and read.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion carried
6-0.
An Ordinance Amending Chapter 11 (Building
Reguiations) of the City of Dubuque Code of
Ordinances regarding the process for the
establishment, expansion or alteration of
Conservation Districts, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-04
AN ORDINANCE AMENDING CHAPTER 11
(BUILDING REGULATIONS) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES RE-
Regular Session, August 16, 2004
301
GARDING THE
ESTABLISHMENT,
ALTERATION OF
TRICTS.
Whereas, the City Council established
Conservation Districts to allow for the City
Council's review of demolition permits that might
impact buildings of historic or architectural
significance in these districts; and
Whereas, the City Council has appointed the
Historic Preservation Commission to review
demolition permits in conservation districts; and
Whereas, the Historic Preservation Com-
mission has requested direction from the City
Council regarding the process for establishing
conservation districts; and
Whereas, the City Council finds that the
recommended amendments to Chapter 11
regarding process for establishment, expansion
or alteration of a conservation district are
consistent with the purpose and intent of the
City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. Chapter 11 (Building Regulations)
of the City of Dubuque Code of Ordinances is
hereby amended by adding the following Section
11-4(f) as follows:
11-4(f) Process for Establishment, Expansion or
Alteration of ConselVation District. Any person
may make a request to the City Council for
establishment, expansion or alteration of a
conservation district. The process for
establishment, expansion or alteration of a
conservation district shall be as follows:
(1) A written request for the establishment,
expansion or alteration of a conservation district
shall be submitted to the City Clerk. At its next
regular meeting following receipt of the request
by the City Clerk, the City Council may approve
or deny the request, set the request for
consideration at a subsequent meeting, set the
request for a public hearing, or refer the request
to the Commission for a recommendation before
voting on the request.
If the City Council considers the request at a
public hearing, a notice of the date, time and
location of the hearing shall be published in
accordance with Iowa Code Section 362.3.
The City Council may also direct the City Clerk
to mail a notice of the date, time and location of
the meeting at which the City Council will
consider the request to the property owners of
record in the district.
If the City Council refers the request to the
Commission, the City Council may also direct
the Secretary of the Commission to mail a notice
of the date, time and location of the meeting at
which the Commission will consider the request
to the property owners of record in the district.
PROCESS FOR
EXPANSION
CONSERVATION
THE
OR
DIS-
(2) At its next regular meeting, if a referral is
made to it by the City Council, the Commission
shall review the request, and make a
recommendation to the City Council to approve
or deny the request, or to table the request for
additional information for a specified period not
to exceed sixty (60) days. A failure of the
Commission to take action on the request within
the sixty (60) day period, unless the applicant
requests and the Commission grants an
extension of such time, shall constitute
Commission approval thereof. The
recommendation of the Commission shall be
transmitted to the City Clerk. The City Clerk shall
promptly transmit the recommendation and the
application to the City Council for its
consideration.
In determining whether to recommend
approval or denial of the request, the
Commission shall consider whether the
proposed conservation district, or the expansion
or alteration of the district, has historic or
architectural significance to the community.
(3) At its next regular meeting following receipt
of the recommendation of the Commission by
the City Clerk, the City Council shall approve or
deny the request.
Section 2. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 161h day of
August, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 20~ day of August, 2004.
IslJeanne F. Schneider, CMC, City Clerk
11 6/20
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 6-0.
COUNCIL MEMBER REPORTS
Cline shared the fact that she enjoyed the
Iowa Com Growers' Tour. Michalski
commended the City Staff on the recent, well-
planned legislative visit.
At 7:30 P.M. Buol moved to go into Closed
Session re: Pending Litigation - Chapter
21.5(1 )(c) 2003 Code of Iowa and Collective
Bargaining Strategy - Chapter 20.17(3) 2003
Code of Iowa. Seconded by Michaiski. Motion
carried 6-0.
302
At 8:01 P.M. Council reconvened regular
session stating staff had been given proper
direction.
There being no further business, Buol moved
to adjourn. Seconded by Markham. Motion
carried 6-0. The meeting adjourned at 8:02
P.M.
11 8/25
Isl Jeanne F. Schneider, CMC
City Clerk
Approved September 20, 2004
Adopted September 20, 2004
Terrance M. Duggan, Mayor
Joyce Connors
Patricia Cline
Ann E. Michalski
Roy D. Buol
Dan Nicholson
John H. Markham
Council Members
Attest:
Jeanne F. Schneider,
City Clerk